Could you tell us a bit about the 26 substantive amendments in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill 2012?

Among the 26 substantive amendments, 13 have been made in accordance with the recommendations of the Standing Committee, and they are:

Revised definition of public purpose and revised consent requirements: Given the observations made by the Standing Committee that the definition of public purpose needed reworking, an amendment has been made which collates the previously scattered definition of public purpose and streamlines it to make it easier to understand.

Restrictions on multi-crop land acquisition left to the states: In response to the recommendations made by the Standing Committee that since states better understand the peculiar and unique circumstances in their regions, the fixation of the cap should be left to them, an amendment has been made to allow state governments to fix the limits on the acquisition of multi-crop land.

Restrictions on agricultural land acquisition left to the states: In response to the recommendations made by the Standing Committee that since states better understand the peculiar and unique circumstances in their regions, the fixation of the cap should be left to them, an amendment has been made to allow State Governments to fix the limits on the acquisition of agricultural land.

Restrictions on private purchase of land left to the states: In response to the recommendations made by the Standing Committee that since land purchase falls within the legislative domain of the states they should be allowed to fix the limits of private purchase. If these limits are crossed then the rehabilitation and resettlement provisions of this law will apply.

Second amendment on restriction of private purchase: A second amendment in furtherance of the preceding amendment has been made to empower states in the fixation of purchase limits.

Additional compensation in case of double displacement: A new section has been inserted to provide for additional compensation if a affected family is displaced twice.

Special provisions for Scheduled Castes and Scheduled Tribes: Special provisions have been inserted specifically for Scheduled Castes and Scheduled Tribes in the body of the Act. These include greater benefits and enhanced safeguards.

Provision for reservation and other benefits: This amendment has been inserted specifically for Scheduled Castes and Scheduled Tribes in the body of the Act in continuation of the previous amendment.

State level monitoring committee: A state level monitoring committee has been established on the recommendations of the Standing Committee to provide supervision over R&R functions.

Period for return of unutilised land reduced: The period for the return of unutilised land has been reduced to five years from 10 years.

Unutilised land may be returned to the original owners: An amendment has been made which allows the state governments the option to return the land to the original owners if they so decide.

Extension of the new law to exempted Acts: In response to the recommendation made by the Standing Committee, an amendment has been made to extend the provisions of this Act to all the exempted legislations in the Fourth Schedule within a period of one year of its commencement.

The provisions relating to Scheduled Castes and Scheduled Tribes have been removed from the schedule to the law -- and bought into the main legislation as recommended by the Standing Committee. The 13 amendments have been made in accordance with the recommendation of the Group of Ministers are:

Deposit of amount in case of acquisition of agricultural land: A new amendment allows states the option, while acquiring agricultural land, to deposit an amount equivalent to the value of the agricultural land acquired if they are unable to find alternative land to cultivate in lieu of the acquired agricultural land (this was the original requirement).

Retrospective operation: To correct historical injustices, a retrospective clause allowing certain classes of individuals to benefit from enhanced compensation and rehabilitation and resettlement has been provided for.

Revised social impact assessment process: A revised provision for a more thorough social impact assessment process in consultation with Panchayati Raj institutions has been drafted.

Power to override recommendations of expert group: It was felt by many individuals that a non-elected group of individuals should not be given final authority over whether acquisition should be allowed to proceed or not. As a result, an amendment has been made to allow the government concerned to override them but only if they have sufficient reasons that are recorded in writing.

New responsibilities for the collector: New amendments have been made to ensure the collector updates the land records so that compensation can be paid on true and accurate values.

Power to appropriate government to raise R&R: An amendment has been made to enable the appropriate government to raise the rate of rehabilitation and resettlement to take into account for inflation.

Power to take possession only after satisfying obligations: Section 37 which deals with taking possession of the land has been strengthened to ensure that the collector shall only take possession of the land “after ensuring that” the compensation/R&R responsibilities have been discharged.

Waiver of income tax and stamp duty: To further ameliorate the suffering of displaced families, the Act has exempted them from the payment of income tax and stamp duty for amounts received under this law.

Power to divert land in exceptional cases: If land acquired for one purpose cannot be used for that purpose due to an unforeseen calamity, then the appropriate government may use it for another purpose.

Increase in share of appreciated value: If the government after acquiring the land sells it to a third party then 40 per cent of the appreciated value will be shared with the original owners. This has been increased from 20 per cent.

Limit on benefit from sale of acquired land: In addition to the preceding amendment, an additional amendment has been made to limit this benefit to only the first time the land is sold after acquisition.

Multiplier to calculate compensation: Flexibility has been given to the states to fix the multiplier by which the compensation will be calculated. In other words, states can give up to four times the market value but it can be lower if they chose to fix a lower multiplier.

Offer for developed land: A new amendment has been made which provides that in the case of acquisition for urbanisation purposes, 20 per cent of the developed land will be reserved and offered to the original owners at a price equal to the cost of acquisition and development.