Land Acquisition Bill 2013 (Part 2)
Urgency clause and Monitoring Committee
- But Govt can avoid SIA, R&R etc. for land acquisition is related to urgency provisions such as defence, natural calamity or any emergency approved by parliament. Only additional compensation of 75% with market value of land shall be given to owner.
- Where land to be acquired > limit decided by appropriate govt, appropriate govt shall constitute an R&R Committee at project level under chairmanship of collector to monitor and review progress of R&R scheme and make necessary social audits in consultation with Gram Sabha. Also State govt shall constitute State Monitoring committee for reviewing of R&R schemes.
- The Central Govt shall constitute a National Monitoring committee for monitoring & reviewing of implementation of R&R schemes under this act.
Rehabilitation & Resettlement Authority
- The State Govt shall constitute a “Land Acquisition, R&R Authority” for speedy disposal of disputes relating to land acquisition, compensation, R&R etc. The Authority consists of only 1 person (Presiding officer) shall be a district judge or a legal practitioner not less than 7yrs and appointed by state govt in consultation with Chief Justice of HC. The term of office will be 3 years or until attains age of 65 yrs.
- The authority shall have same powers as of civil court as per Code of Civil Procedure, 1908. The authority has original jurisdiction to resolve disputes under this act. The aggrieved body/person can appeal in concerned HC against decision of Authority within 60 days of date of award.
Offences & Penalty
- If a person in connection with this act provides any false information shall be liable for punishment of imprisonment of max 6 months/max fine of Rs 1lakh. If any person contravenes provisions of this act related to R&R shall liable to be punished for imprisonment of 0.5-3yrs or fine or both. Also any false claim/benefit under R&R scheme shall be recovered by appropriate govt as prescribed.
- If any govt servant found guilty for a malafide action then he/she shall be liable to be punished as decided by disciplinary authority.
- No court shall take cognizance of any offence under this act until a complaint filed by collector/appropriate govt officer/member of affected family.
- No change of purpose is allowed except if land acquired is left unusable then appropriate govt can use land for any other public purpose. If land acquired is left unutilised for a period of 5yrs from date of possession than land shall be returned to original owners or land bank of appropriate govt as prescribed.
- No change of ownership without specific permission of appropriate govt. If land acquired is transferred to any other person within 5yrs then 40% of appreciate value shall be shared with the original owners.
- Any provisions of this act shall not apply to enactments as specified in 4th schedule. But this provision is deleted in meeting of Group of Ministers and All party meeting due to public opinion created by political parties and media. These enactments basically include Railways act, National Highways Act, Atomic Act etc. and now these acts shall be amended accordingly within 1yr from date of commencement of this act.