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

2. 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)

3. 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.

4. 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

5. 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.

6. 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

7. 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

8. 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

9. Odisha Experience Chronology of Events
Coming of RFCTLAR&R Act, 2013 into force
NCDS declared as State SIA unit for conducting SIA Study.
Under Section 43, Sub-Collectors/PD R&Rs were appointed as Administrators for R&R.
Odisha RFCTLAR&R Rules, 2016 comes into force
Under Sub-section (1) of Section 44, RDCs were appointed as Commissioner for R&R.
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.

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

11. 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.

12. 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

13. Thank You