THE LAND ACQUISITION (AMENDMENT) BILL, 2007 - PRS

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14FINANCIAL MEMORANDUMClause 17 of the Bill proposes to insert a new section 17L in the Act under which it isproposed that the Central Government may, by notification, establish one or more Authorityto be known as the Land Acquisition Compensation Disputes Settlement Authority for theCentre to exercise jurisdiction, powers and authority conferred on it by or under this Act withregard to the acquisition of land by the Central Government, for the purpose of providingspeedy disposal of disputes relating to land acquisition compensation. The Authority forthe Centre shall consist of a Chairperson and not less than two members to be appointed bythe Central Government. It will have a Secretariat consisting of a Secretary-General and otherstaff as may be decided by the Central Government. The terms and conditions subject towhich the Chairperson and other members of the Authority, will be appointed and theprocedure of transaction of business of the Authority for the Centre shall be such as may beprescribed by the Central Government.This will involve expenditure of a recurring as well as non-recurring nature, whichwould be a part of the administrative expenditure of the Ministry.The exact expenditure which will be involved under the proposed Bill will dependupon the composition of the above-mentioned Authority, which will be decided after the Billis passed. Hence, it is not practicable to make an exact estimate of the recurring and nonrecurringexpenditure for the purpose at this stage.
15NOTES ON CLAUSESClause 2 and 3 seek to omit the words "and for companies" from the long title and thepreamble.Clause 4 seeks to insert new section 1A to provide for application of the provisions ofthe Rehabilitation and Resettlement Act, <strong>2007</strong> for land acquisition under this Act.Clause 5 seeks to amend section 3 relating to definitions of certain expressions, insertdefinitions of new expressions, etc. as a consequence of the amendment to the Act.Clause 6 seeks to amend the Act to omit the words "or for a Company" (wherever theyoccur in the Act) along with grammatical variations.Clause 7 seeks to amend the Act to substitute the words "the Court" (along withgrammatical variations), with the words "the Authority for the Centre, or as the case may be,the Authority".Clause 8 seeks to insert new section 3A relating to mandatory social impact assessmentprior to acquisition of land under the Act in cases of displacement of a certain number offamilies.Clause 9 seeks to amend section 4 providing that no fresh notification to be issued fora period of one year in respect of the same land and no proceedings to be initiated for fiveyears if the notification issued under sub-section (1) lapses for the second time. It also seeksto bar any person from making any transaction of land specified in the notice of acquisitiontill final declaration, etc.Clause 10 seeks to amend sub-section (1) of section 6 so as not to make this subsection"subject to the provision of Part VII of the Act.". It also seeks to omit Explanation 1regarding computation of the period referred to in the first proviso.Clause11 seeks to insert new section 8A for the purpose of evaluation of damagesduring survey, measurement, etc.Clause 12 seeks to substitute new section 11A to provide that the award shall be madewithin one year; for delay due to unavoidable circumstances and reasons to be recorded, theaward to be made within an extended period of 6 months, and for such extended periodadditional compensation shall be paid.Clause 13 seeks to insert new sections 11B and 11C. The proposed new section 11Bprovides the criteria for assessing and determining the market value, such as the minimumland value if any specified in the Stamp Act, average sale price of similar type of land oraverage sale price paid for already land purchased for the same project; the State Governmentmay specify floor price per unit area, etc. The proposed new section 11C provides for partpayment of compensation by shares, debentures etc. where a company is authorized toissue shares.Clause 14 seeks to amend section 12 casting upon the Collector a duty to keep openand display summary of the entire proceedings, such summary to include schedule of paymentof compensation, date of taking possession, etc.; to ensure physical possession of the landand payment of compensation within 60 days from the date of award etc.Clause 15 seeks to amend section 15 to include therein reference to new section 11B.Clause 16 seeks to amend section 17 as a consequence of new section 11B, for thepurpose of additional compensation.Clause 17 seeks to insert Part IIA and Part IIB. The proposed Part IIA relates toEstablishment of the State Authority and contains the proposed new section 17A to section17K. These deal with establishment of the Land Acquisition Compensation Disputes SettlementAuthority by the State, number of Members of the authority, qualifications of the Members;
Page 2: 2Amendmentof preamble.Insertion ofn
Page 5 and 6: 52 of 1899.standardisation of land
Page 7: 7compensation awarded to each indiv
Page 10 and 11: 10Application ofcertainprovisionsre
Page 12 and 13: 12STATEMENT OF OBJECTS AND REASONST
Page 16 and 17: 16terms and conditions of service o
Page 18 and 19: Definitions.ANNEXUREEXTRACTS FROM T
Page 20 and 21: 20(iv) no person “entitled to act
Page 22 and 23: 22Collector'sstatement tothe Court.
Page 24 and 25: 24PART IVAPPORTIONMENT OF COMPENSAT
Page 26 and 27: 26AgreementwithappropraiteGovernmen
Page 28 and 29: 28sessions, and if, before the expi

THE LAND ACQUISITION (AMENDMENT) BILL, 2007 - PRS

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