PRESENTATION ON RFCTLAR&R ACT, 2013 BY Sri Sangram Keshari Mohapatra JOINT SECRETARY, R&DM DEPARTMENT GOVT OF ODISHA

Introduction & Need for a new Act Land is a scarce natural resources Article 300 (A) of the Constitution says no person can be deprived of his property save by authority of law. Land Acquisition Act fulfils the constitutional obligation. LA Act 1894 was 120 year old. Absence of cohesive national law that address fair compensation, rehabilitation and resettlement to the land owner Absence of provision to address the issues directly affected from the loss of livelihood Absence of proper mechanism for arriving market value of land Absence of provision for weaker sections of the society (Sec. 41)

Salient features of RFCTLAR&R Act 2013 First time provision of Social Impact Assessment Study for proposed projects prior to Preliminary Notification. Recognize non owners as Affected Families like Share Croppers, Tenants and Agricultural Labourers A mode of Acquisition requiring consent of displaced persons ( for private companies 80% and for PPP projects 70%) Statutory rehabilitation and resettlement entitlements for the project affected families Restricted the grounds on which land may be acquired under the urgency clause Recognition of principle of Social cost minimisation Special Provision for food security U/S 10 of the Act. Return of land to Land Bank/Original Owners as per section 101 of the Act.

Important Provisions of the RFCTLAR&R Act 2013 Activities Provision under Section Timeline Preparation of SIA Section 4 Within 6 months from Notification Preliminary Notification Section 11 Within 1 year from submission of Expert Group Report and Specific proposal by Collector Declaration of Notification Section 19 Within 1 Year from 11 Notification Notice to Persons interested Section 21 Within 6 months Enquiry and Award Section 23 Power to take Possession Section 38 Within 6 months after the payment of full compensation and R&R entitlements Special Provisions for SCs and STs Section 41 Reference to LARR Authority Section 64 With a period of 30 days from the date of receipt of application by the Collector Return of land to Land Bank/Original Owners Section 101 If the land is unutilized for a period of 5 year s from the date of taking over possession

Difference between Old and New Act OLD ACT NEW ACT No detailed procedure for calculation of compensation. Only market value taken into account. First Schedule contains the details of calculation of compensation No separate chapter on R&R A separate Chapter V on R&R. It provides Rehabilitation and Resettlement entitlements to the displaced and affected persons No separate provision for SCs and STs Section 41 says for Special provision for SCs and STs No such special Provision for ensuring food security Provision for ensuring food security, U/S 10 of the Act.

Difference between Old and New Act OLD ACT NEW ACT No concept of SIA Study Under Section 4 SIA study is mandatory Separate provision for private companies (Chapter VII) No such separate provision for private companies. Concept of Direct purchase under Section 46 and Sub section 3 of Section 2 of the Act. The procedure for acquisition involves sending of notification by the District Collector and invitation of objection ( Section 4 & Section 5) After a detail SIA study and Expert Group Appraisal Collector can send preliminary notification under Section 11

Step by Step Procedure followed for Land Acquisition as per RFCTLAR&R Act , 2013 Requisitioning Authority submit Proposal for Land Acquisition to Collector Collector sends Proposal to NCDS for SIA Study NCDS prepare ToR and Estimate for conducting the SIA Study and intimate to Collector Requisitioning Authority Deposit the money with NCDS NCDS select Agency and request Government for Notification U/S 4 of the Act to conduct SIA study SIA study by NCDS and publication in the locality

Cont…. Preliminary Notification U/S 11(1) of the Act for Acquisition Formation of Expert group by Collector and Conducting of Gram Sabha Collector to submit Specific proposal and Expert Group Recommendation to Govt. Notification by the Government U/S 8(2) and publication in the locality Preliminary Notification U/S 11(1) of the Act for Acquisition Objection hearing U/S 15 of the Act Declaration U/S 19(1), after verifying the Sanction Estimate, Fund certificate, R&R Certificate and no objection certificate Notice to Awardees U/S -21 and Payment of compensation U/S 23 of the Act Power to take possession U/S 38 of the Act

Odisha Experience Chronology of Events 1.1.2014 - Coming of RFCTLAR&R Act, 2013 into force 11.7.2014 - NCDS declared as State SIA unit for conducting SIA Study. 17.11.2014 - Under Section 43, Sub-Collectors/PD R&Rs were appointed as Administrators for R&R. 8.2.2016 - Odisha RFCTLAR&R Rules, 2016 comes into force 25.6.2016 - Under Sub-section (1) of Section 44, RDCs were appointed as Commissioner for R&R. 9.8.2016 - Under Section 50 , State Monitoring Committee for R&R was constituted under the chairmanship of Chief Secretary 2017 – Appointment of LARR Authority is under active consideration in consultation with Chief Justice of Odisha High Court.

Odisha Experience under RFCTLAR&R Act 11(1) notification made for Ac 10,113.00. The first notification made was on 13.3.2015. 11(1) notification made for Irrigation, Railways, Road projects. No notification for industries made till date. 19(1) Declaration made for Ac 5813.00. SIA notification made for Ac 5575.667 in 590 villages. SIA report accepted by Government under Section 8(2)for Ac2939.798 in 285 villages. Most of the Irrigation Projects have EIA exemption notification under Section 6(2). Till date 4368.346 of land acquired and handed over.

Challenges Timely completion of SIA study. Conducting Gram Sabha and getting people consent. Calculation of Market Value of land. Identifying the Affected Families. Litigation due to inheritance. Multiple sales which have not been properly recorded. Tough Resettlement and Rehabilitation laws. More need of land for Make In India and Smart Cities. Land Record updation.

Way Ahead Complete digitization and real time updation of land records. Using of latest technology in revenue offices for land record updation. Assurance of stable high speed internet connectivity for real time land records updation. Rent Abatement and Revision of Records in a time bound manner Effective R&R Mechanism

Thank You