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Bill Of Landing Form: What You Should Know

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FAQ - Bill Of Landing

What is the Land Acquisition Bill all about? Is it as bad for the nation as its critics claim?
Right I can simplify it for you. In India 6 out of 10 people depend on Agriculture and live on menial and low paying jobs in agriculture. And contribution of Agriculture to India’s GDP is just 17%. Do you see the structurally distorted ratios? i.e., if there are 100 people earning a total of Rs 100 among them, 60 people are earning only Rs. 17 while, rest 40 people are earning Rs 83.Indian agriculture is heavily dependent on monsoons, and one monsoon failure and result would be suicide of farmers in large scale. In order to avoid that, we need to reduce the dependency of people on agriculture and monsoon too. (Reducing dependency on monsoon is a bit difficult)Question is how do we do that?By creating more and more high paying jobs, for that we would need industries, irrigation facilities, storage facilities and rural infrastructure. For industries and all of it, we need land.So land is the crucial resource here. The land in India is divided into (Numbers are approximate, but nearer to original)Agricultural land which is over 60%, Deserts and totally unusable land is 4% , Forest covers about 23%, &Remaining land is where we are settled,  i.e., our cities, houses, offices etc.Obviously Forest cover can’t be touched. And the 4% is of no use.So for industries to grow some of the agricultural land has to be used.Here, comes the requirement of a policy called Land acquisition policy that would help Govt to take the land and rehabilitate the farmers who are losing out on land, about which the current ruckus in India is all about.While the subject matter “Land” falls under Concurrent list, that is, States and Union have equal right to make laws on it, if there is a conflict, the law made by Union prevails. The previous UPA Govt made a law that overrides the laws made by states. And the law they made required consent of 80% of the people to acquire land, plus a detailed social impact assessment has to be carried out along with plethora of requirements, which made it difficult for the Govt to acquire land. It has been calculated that, by following all the procedures, it requires 4-5 years to acquire a tract of land sufficient enough to construct an Industrial corridor. Since the time law was made, not a single piece of land could be acquired and projects worth 300 billion USD are in pending list retarding the growth of the country.In order to solve this problem, NDA Govt introduced some amendments to the Land acquisition policy, where it wants to do away with clause of 80% consent and Social impact studies for sectors like Defense equipment industries, affordable housing, rural infrastructure and industrial corridors making sure that the amount of settlement or compensation is same as previous policy decided, i.e., 4 times the market price in rural areas and twice the market price in urban areas along with providing them opportunity for alternate land, or a job with education for their children and other social facilities like Hospitals, and educational institutions.Some are butt hurt with this policy and are creating ruckus by walking out from Parliamentary discussion without deliberating on the bill and ganging up on the Govt to make sure this law is not passed.Why are they doing this, if the law is progressive and going to be helpful on the long run?Apply the simple law of economics here. Though land is available, it can’t be used, that creates artificial scarcity which in turn means demand for land becomes extremely high as days pass, which will sky rocket the prices. If the prices rise, the land owners will get benefitted. Who are the landowners here?Majority of them are the Landlords, Politicians, middlemen or well-to-do families with a minority of them being farmers who hold small pieces of land which will also be grabbed forcefully in important areas slowly till the time issue gets resolved.(The claim is very much obvious from the fact that the land reforms, tenancy reforms, cieling limits have been big failure in India)Now do you understand the reason for the ever soaring prices of Land in India?A French friend of mine says, for money equivalent to Rs 2 Cr, he could get a posh house or a villa in Paris outskirts while it is the same in Bangalore too.Also, if input Land costs are high, would setting up of industries be feasible? Why would an industrialist set up a plant in India if land is available for him at a cheaper price and easily in China or elsewhere?How could China build a manufacturing industry in such a quick time while we were at par with them or better in 1970s?Now do you understand the logical connection between all the opposition parties ganging up on Govt?Some of you might think that giving up on fertile land will impact food production. No it doesn’t, it is Luddite thinking.With lesser land in agriculture,  will lead to more investment in agriculture, with calling for mechanized farming, and adopting better technologies to produce to meet the needs. All this while we had an archaic, draconian law of 1895, until 2023. Did it affect our Food security? No.Case in point, America, Germany, Japan where people depending on agriculture and land under agricultural use is way less than ours, yet they are not only self sufficient but also export to other countries.It is simply like saying, I want railways, metros, hospitals, etc but, hey sorry I can’t give you my land even if you give me 4 times the price of it.While, the clauses of Govt authorities not being accountable for discrepancies and period of over 5 year holding are definitely wrong, they could be resolved only by deliberating on the bill and not by walking out of sessions.You might find merit in those painting negative about this bill and doing anshan. To clarify that, inherent mistake that they are doing is, they are considering all the landowners to be farmers. While it is not the ground reality. For example, a friend of mine owns 450 acre land under 25 benami parts, employs 120+ people. He is protesting the bill, because that will give him bargaining chips to negotiate with private parties for a higher price, if that happens  who will rehabilitate 120+ peasants who are dependent on the land? The need of the hour is, it should be made easy for Govt and private companies to acquire land, at the same time, rehabilitate real farmers who would lose their jobs.Govt should be mindful of sensitivities of the people.
What are the problems with the land acquisition bill of 2015?
Land Acquisition bill 2015Till 2023. India followed 1894 land bill act which allowed the government to take owner land for country’s growth.In 2023. UPA government brought an amendment and passed a bill regarding the same. According to that bill, from 1 January 2023. 1894 land act bill was scraped.Land acquisition bill 2023 came into existence.Now, BJP led government brought a new land bill. It includes many amendments to NDA 2023 bill.I have made some comparison between the 2 bills.Read point no.1 from UPA and then 1 from NDAUPA January 20141.Necessary  to start work within 5 years2.If work is not started, land will be returned to owner3. Approval of 80% of land owners is must and if the project is owned fully by government 70% people should agree4. Owner can go to court against the acquisition5. Government can’t take cultivable land6.For individual land, approval of landlord is mustNDA December 2014/ January 20151. Work can be started after 5 years also since main focus was on nuclear plants, housing construction and railway which takes more than 5 years2. No such provision..3.Only 51% approval is needed, since even in parliament only majority vote is needed4. No, he can’t. Instead 4 times compensation according to market price will be offered.5. Now even cultivable land can be taken6. If government wants, it can take the land without approval .7 If owner doesn’t take the compensation, it will go to government treasury. 14.20 crore hectare lands is used for farming.6.70 Crore hectare is covered by forest.5.50 Crore hectare is unused cultivable land.4 crore hectare lands is non cultivable.17 lakh acre lands belong to defense ministry and 4.32 hectare belongs to Indian railways.18.65 lakh crore projects are stuck in the halfway because the bill is not passed.China follows land acquisition law 1999 which allows it to take any land without approval from owner.About 49% of Indian population is involved in agriculture and in return agriculture leads to only 13.7% of India’s total GDP.If we want to move on the path of development and we want foreign investors, this bill need to be passed.ONE important thing that we need to understand is that as per this bill, farmers land are a part of proposal. It's nothing like only farmers land will be taken.For a better idea listen Modi ji's Maan ki baat with kisan
What is the Land Acquisition Bill of 2015?
The Bill will replace the ordinance promulgated by the government in December 2023. which had brought changes in the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation (Amendment) Act (RFCTLARR) passed in 2023 by the UPA government. If the Bill is not passed in this session, then the ordinance will lapse and cannot be introduced again.Till now whenever the government acquires a land, it is done under the Land Acquisition Act 1894. In 2023. the UPA government brought in The Rehabilitation and Resettlement Bill to replace the Act.After the Modi government took over in May 2023. it decided to make some amendments in the Bill which have become a bone of contention. According PRS Legislative Research these are:1. Excluded Acts brought under the RFCTLARR Act: According to the Act 2023. 13 Acts were excluded from the RFCTLARR Act but with the new ordinance they are now brought under its purview. Thus, it brings the compensation, rehabilitation and resettlement provisions of these 13 laws in consonance with the Act.2. Removal of consent clause in five areas: The ordinance removes the consent clause for acquiring land for five areas - industrial corridors, public private partnership projects, rural infrastructure, affordable housing and defence.The ordinance also exempts projects in these five areas from Social Impact Assessment and acquisition of irrigated multi-cropped land and other agricultural land, which earlier could not be acquired beyond a certain limit.3. Return of unutilised land: According to the Act 2023. if the land remains unutilised for five years, then it needs to be returned to the owner. But according to the ordinance the period after which unutilised land needs to be returned will be five years, or any period specified at the time of setting up the project, whichever is later.4. Time frame: The ordinance states that if the possession of acquired land under Act 1984 is not taken for reasons, then the new law will be applied.5. Word 'private company' replaced with 'private entity': While the Act 2023 stated that the land can be acquired for private companies, the ordinance replaced it with private entity. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law.6. Offence by government officials: If an offence is committed by a government official or the head of the department, then s/he cannot be prosecuted without the prior sanction of the government.
Why is Narendra Modi diluting the Land Acquisition Bill of 2013?
There is a lot of opposition to it, the way it was drafted. Not only from outside the NDA, but also from the BJP and RSS's farmer organizations. Rather than talking and convincing, the PM took the high handed route of getting it as an ordinance. Not once, but a record three times in a row, before the President told him no more. The obstinacy did not go away. The govt decided to pass on the responsibility to the states to devise their own laws, since land is a concurrent subject. Most states passed the buck back to the Center. And there it hangs. To have any chance of getting the Bill passed, he will have to dilute many of the provisions.The kick around of this Bill is one more example of the complete incompetence of the present govt in handling Parl Affairs. The cabinet minister in charge is a miserable choice for the job. He is a petty-minded, quarrelsome person, who always tries to be one-up on the other, and ends up making a mess of his job.
How will the new land bill identify the dependents of a piece of land without conducting the social impact assessment?
I am not sure about assumptions of Answer seekers, but the fact is this that new land bill has no intention to identify the dependents. It is a clerical exercise in which owner of the land will be considered only dependent and as our ruling politicians keep claiming ( including PM) , if farmer is lucky he will get 4 times govt price and he has to let go of land which would have served his family for ages from himself to his children to their children. Even when there is SIA, job is limited to satisfaction of a few corrupt consultants who will design paper tricks and prepare a report wherein minimum SIA will be shown despite the case being different.  A lot of World Bank, IFC, ADB projects are already being fooled in same manner.
With huge resistance from the congress, how will BJP manage the passage of land acquisition bill in both houses?
YES BJP CAN DO IT.....             Even with oppostion from congress party LAND ACQUISITION BILL can get through in following 2 ways:1)WITHOUT JOINT SESSION:Considering NDA's majority in LS it will easily sail through the upper house but in RS it will face some stiff resistance ..consider numbers of oppostion parties in RS:CONG-65SP-15TMC-11JDU-12CPM-9NCP-6DMK-4 and some smaller parties have around 7 seats..Also there are 12 nominated members which owe their nomination to UPA so unlikely to support NDASO the opposition stiches to about 125 members...now we can have a look at NDA's situation- BJP: 46- SHS: 3- SAD: 3- RPI (A): 1- Nagaland People's Front: 1- TDP: 6- IND: 1NDA TOTAL SEATS: 60So unless BJP plays some extraordinary politics in breaking SP,TMC & NCP they cannot get through which not likely since all these parties  have a rural voter base so they dont want to appear anti-farmer...also the AIADMK will be key with their 11 member but until now they havent opened up their cards.2)WITH JOINT SESSION:Some of BJP leaders are hinting towards joint session but the only reason they havent called it till now is because they really not sure about their allies which hold key in JOINT SESSION ...consider some scenarios IN CASE OF A JOINT SESSIONTOTAL STRENGTH (LS+RS): 542 + 241 = 783HALFWAY MARK: 392SCENARIO 1:NDA TOTAL STRENGTH: 335 + 60 = 395LAND BILL WILL GET THROUGHSCENARIO 2 (IF PDP AND AIADMK SUPPORTS)NDA TOTAL STRENGTH: 335 + 73 = 408LAND BILL WILL GET THROUGHSCENARIO 3 (IF SHIVSENA, SAD & SWP OPPOSES THE BILL)NDA TOTAL STRENGTH: 312 (LS) + 67 (RS) = 379LAND BILL WILL NOT GET THROUGH           The Shivsena is already unhappy with ministerial portfolios it got  in MAHARASHTRA state government also SAD is not pleased with BJP leaders stance on Drug Menance as well considering PUNJAB state which have large farmer population it is really in some confusion and the SWP walking out (with opposition) have made BJP rethink their stratergy                      So actually not the congress party but the regional parties or to some extent even its allies are stopping BJP from passing LAND ACQUISITION BILL.
Can anyone give me a link to the contents of Land Acquisition Bill?
http://www.bjp.org/lab/?utm_sour...[ Edit ] Adding some more links.Page on indiacode.nic.inPage on prsindia.orghttp://www.thehindu.com/news/nat...
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