The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement

(Amendment) Bill, 2015 was introduced in the Lok Sabha by the Minister for Rural Development, Mr.
Birender Singh on February 24, 2015. The Bill amends the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013).

Lok Sabha on 10 March 2015 passed the Land Acquisition (amendment) Bill, 2015 by voice vote. The bill
amends the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013.

The Union Cabinet on 29 December 2014 approved promulgation of an ordinance that amends the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(RFCTLARR) Act, 2013.

The amendments were approved in a cabinet meet chaired by Prime Minister Narendra Modi. The
decision to amend the act was taken in the backdrop of suggestions that came up in interactions with
the State Revenue Ministers and key implementing Ministries, who faced difficulties in implementing
the Act.

Before being passed the Union Government made nine amendments in the Bill (more than 50 were
proposed) which was promulgated on 29 December 2014. But it refused to bring back the consent
clause or social impact assessment.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 came into effect on 1 January 2014. The Bill related to this was passed by the Parliament in
2013

1. The act seeks to provide just and fair compensation to farmers while ensuring that no land can
be acquired forcibly
2. The Act also stipulates mandatory consent of at least 70 per cent for acquiring land for Public
Private Partnership (PPP) projects and 80 per cent for acquiring land for private companies.
3. The Act, which replaced Land Acquisition Act, 1894 made it mandatory compensation that is up
to four times the market value in rural areas and two times the market value in urban areas.

3/13/2015 Downloaded from www.exampundit.in 1

Nine amended provisions which were accepted includes
Removed exemptions for Social Infrastructure Projects in public-private-partnership mode.
Social infrastructure projects (SIP), as the name implies, is defined as those buildings,
structures and facilities specifically constructed to serve the community at large.
Land that will be acquired for industrial corridors will be limited to one kilometre on either side
of highways and railway lines
Compulsory employment will be provided to one member of a farming family that is selling its
land
A hassle-free grievance redressal mechanism of land losers will be put in place
Farmers may get right to appeal/complain over land acquisition hearing and redressal of
grievances at the district level
Ceiling on land for acquisition in industrial corridors
Panchayat's nod may be mandatory for acquiring tribal land
Government may acquire land for government bodies, corporations
Term private entity was replaced with private enterprise

KEY POINTS of DEBATE in Land Acquisition (amendment) Bill, 2015

1. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Bill, 2015 seeks to Amend the Act of 2013 (LARR Act, 2013).
2. The Bill creates five special categories of land use: 1. defence, 2. rural infrastructure, 3.
affordable housing, 4. industrial corridors, and 5. infrastructure projects including Public
Private Partnership (PPP) projects where the central government owns the land
3. The Bill exempts the five categories from provisions of the LARR Act, 2013 which requires the
consent of 80 per cent of land owners to be obtained for private projects and that of 70 per cent
of land owners for PPP projects.
4. The Bill allows exemption for projects in these five categories from requiring Social Impact
Assessment be done to identify those affected and from the restrictions on the acquisition of
irrigated multi-cropped land imposed by LARR Act 2013.
5. The Bill brings provisions for compensation, rehabilitation, and resettlement under other related
Acts such as the National Highways Act and the Railways Act in consonance with the LARR Act.
6. The Bill changes acquisition of land for private companies mentioned in LARR Act, 2013 to
acquisition for private entities. A private entity could include companies, corporations and
nonprofit organisations.
7. The Bill states that if an offence is committed by a government employee he cannot be
prosecuted without the prior sanction of the government, as provided in Section 197 of the
Code of Criminal Procedure, 1973. The amendments state that the government employee can
be prosecuted if procedure laid down in Section 197 of the Code of Criminal Procedure, 1973 is
followed. Section 197 requires the prior sanction of the government prior to prosecuting a
public servant.

3/13/2015 Downloaded from www.exampundit.in 2

We are planning to give away over 200 PDFs in the coming 6 months.
We need your presence out there. Comment in our page. Like/Share
our content.
Scan the QR Code to Join us on Facebook

3/13/2015 Downloaded from www.exampundit.in 3