|प्रजा अधीन राजा समूह | Right to Recall Group
|Proposed Fair Land Acquisition Draft
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|Author:||kmoksha [ Thu Apr 23, 2015 1:01 pm ]|
|Post subject:||Proposed Fair Land Acquisition Draft|
A request to citizens of India ,
Our claim is that the proposed LALD = land acquisition law draft , is less bad than land acquisition drafts proposed by other parties / govt etc.
Those who want that this Fair Land Acquisition Law Draft in India should be promoted and implemented, please send following order to your MP via SMS or twitter ---
"Please promote via website, private member bill etc. and get printed drafts in tinyurl.com/NyayPurvakJaminAdhigrahan in Gazette. Or will not vote for you/your party. Also setup a public sms server on your site like smstoneta.com so that SMS-opinions of citizens are seen along with their voter IDs by all without need to login"
And also inform other citizens via ads, pamphlets etc. to send this SMS to their MP.
Any LALD = land acquisition law draft , works with two set of law drafts namely (a) law drafts on taxation on plots and (b) law drafts to resolve cases of cheatings in land sales etc. And all these law drafts have to FIRST answer two central question --- (a) how do these drafts give us military strength to stop the enemy countries from “acquiring” the plots in India using their Militaries !!? (b) how do these drafts create process to stop the local criminals from “acquiring” the plots in India !!?
And any critique of any LALD should give in writing the alternate LALD law drafts he proposes.
We request reader to see following proposed LALD = land acquisition law draft , in context of
(a) proposed Right to Recall Ministers law-draft at http://tinyurl.com/RtrMantri
(b) proposed draft to reduce use of cash in land sales (Competitive Buyout Act) at http://tinyurl.com/SampattiKar and
(c) proposed WT = wealth law draft at http://tinyurl.com/SampattiKar
The above 3 law-drafts reduce need for acquisition as well as reduce problem of determining market price that land acquisition often face.
(a) will ensure that Revenue Minister is forced to put all land ownership records on net. This will give clearer picture to activists and citizens on who is owning how much land in which areas, and will enable them to trace out if there is nefarious reason behind land acquisition proposal and / or there is any nefarious reason behind opposition to land acquisition proposal.
(b) will ensure that use of black money in real estate markets reduces, and so determining real market price and deciding compensation becomes easy.
(c) is to implement a wealth tax on land, construction, gold, shares, bonds, cash holdings etc . The wealth tax will be about (1% per year of value of (wealth minus basic wealth deductions) minus income tax paid, minus other taxes paid minus other contributions and minus wealth tax credit accumulated over past years). It will reduce land prices, and make land market liquid. This law will drastically bring down the requirement of “forceful” acquisition.
Together , these drafts reduce land prices, and so manufacturing and weapon manufacturing will increase and so Military will strengthen.
Information to MPs,
If you have received the link to this law-draft then it is an order from YOUR voter , and NOT the author of this status post, to print the following law-draft in Gazette.
B. Proposed Fair Land Acquisition Draft
===== start of the law-draft ====
Section-1 : Basic definitions
(1.1) The word citizen in this draft would mean a registered adult voter
(1.2) The word plot in this draft will include all land plots, agricultural plots, non agricultural plots and also included flats, offices, buildings, apartments , bungalows , warehouses, industrial shades and all other constructions, and ownership over land that ownership over construction creates.
(1.3) Short forms
NLAO = National Land Acquisition Officer
SLAO = State Land Acquisition Officer
DLAO = National Land Acquisition Officer
NJA = National Jury administrator
SJA = State Jury administrator
DJA = District Jury administrator
Section-2 : Main officers and their staff , offices
(2.1) ( instruction to PM )
The PM will appoint an officer titled as NLAO = National Land Acquisition Officer to decide upon Land Acquisition plans across India. The citizens of India may replace him using Right to Recall NLAO clauses listed in RTR-NLAO section
(2.2) ( Instruction to NLAO (National Land Acquisition Officer), PM , MPs , citizens )
NLAO will prepare guidelines and give requirements of funds for running his offices across India. The guidelines will come into effect after PM prints them in Gazette or after MPs pass them as legislation or after citizens approve them using clauses given in the TCP-section (section 11) of this draft. NLAO will appoint one SJA = State Jury Administrator per State and one District Jury Administrator = DJA per district unless there is already a DJA appointed by the CM or a State Jury Administrator appointed by the PM.
(2.3) ( Instruction to CMs)
CMs may or need not appoint SLAO = State Land Acquisition Officer and may or need not appoint one DLAO = District Land Acquisition Officer per District. The Officers in these 2 positions will all work under CMs as per Gazette Notifications (GNs) printed by CM
Section-3 : Guidelines to make detailed rules for land acquisition
(3.1) Parliament may amend these Land Acquisition laws and make rules as necessary. PM too may make rules and amend the rules under this law using GNs as needed.
(3.2) NLAO (National Land Acquisition Officer) may issue circulars to make rules for land acquisition.
(3.3) When a circular is issued by NLAO (National Land Acquisition Officer), NLAO will send it to every DJA = District Jury Officer in each District in Central Govt. DJA will summon 12 Jurors at random. The person deputed by NLAO will explain the circular to the Jurors and Jurors may ask any citizen to present his views on the circular. And if majority of Jurors across India oppose the circular, then NLAO may or need not resign , and may or need not cancel the circular. NLAO’s decision will be final.
(3.4) The citizens may issue a circular using TCP-clauses given in TCP-section (section 11) of this draft.
Section-4 : Submitting and processing a Land Acquisition proposal to NLAO (National Land Acquisition Officer), SLAO (State Land Acquisition Officer) or DLAO (District Land Acquisition Officer)
(4.1) Any Minister in Central Govt or State Govt or any private citizen can submit a land acquisition proposal to NLAO , SLAO or DLAO. The fee for Ministers will be zero and a fee for other citizens will be Rs 200 plus Rs 20 per page. NLAO or SLAO / DLAO will put the Land Acquisition proposal on website of PM or CM respectively.
(4.2) The proposal may have full description of the plots to be acquired, the list of owners and owners’ voter ID numbers and their names as per the information obtained from the appropriate govt officers. The proposal may also describe the purpose of acquisition. The proposal may also include the compensation offered to each of the existing owners. NLAO / SLAO / DLAO will upload the proposal without any query and may or need not later raise queries.
(4.3) PM, CM , NLAO, SLAO, DLAO may or need not appoint one or more officers to study the acquisition proposal submitted. The officers may or need not upload their report with no time limit.
(4.4) Any citizen may or need not submit his objections or additions to a land acquisition proposal submitted. If the person is owner or resident in the plots being acquired, then charge for him will be Rs 0 for first 3 pages and then Rs 10 per page. For others, charge will be Rs 20 per page.
(4.5) Any citizen across India may or need not visit office of Patwari = Talati = Village Officer and pay Rs 3 fee , and register YES / NO on a land acquisition proposal submitted on website of PM. He may cancel his YES/NO anyday. If the person is owner of the plot, then fee will be Rs 0. NLAO , SLAO or officer deputed by PM or CM may implement this system via SMS. (please see TCP-India-section (section11) for more).
Section-5 : Disclosing acquisition value of plots and wealth tax on acquisition value above a limit
(5.1) A plot / construction owner may or need not submit acquisition value of his plot / construction in his wealth tax return. If he has over 25 sq.mt of NA = non-agricultural land per close family member, and more than one dwelling unit, or more than 50 sq.mt per of Non Agricultural land per close family members, then he must disclose acquisition value or circle rate will be assumed as acquisition rate. PM, through a notification can make a rule that the wealth tax may be computed on higher of the two values – acquisition value or circle rate.
(5.2) The owner can mark as any plot / construction below the size limits given in (5.1) as primary and tax rate on that plot will apply on lower of the two values – self disclosed acquisition value or circle rate.
(5.3.) For agricultural plots, if an owner has over 2 acres per close family members, he may or need not file acquisition value of the plots.
(5.4) The owner can mark any agricultural plot below the size limits given in (5.3) as primary and tax rate on that plot will apply on lesser of the two values -- acquisition value or circle rate. PM through a notification may implement wealth tax rate on plots above the size limits to be applied on the higher of the two values ---- self disclosed acquisition value or circle rate.
(5.5) For the purpose of this law, the close family member will be spouse, married or unmarried sons or daughters, parents, unmarried siblings, not any in-laws , not married siblings, not children of siblings and no one else.
(5.6) The Jurors may or need not take the self disclosed acquisition value as benchmark to decide compensation. But they need not take it as final benchmark. And if the acquisition value is not disclosed, then the Jurors may take it as twice the circle rate.
Section-6 : Opinions on acquisition proposal – opinions by Ministers, Jurors, officers and Citizens
(6.1) The PM or CM or NLAO (National Land Acquisition Officer) or SLAO (State Land Acquisition Officer) may or need not ask NJA (National Jury Administrator) and/or SJA (State Jury Administrator) and/or DJA (District Jury Administrator) to ask Jurors to give opinion on a proposal. In such case, then NJA / SJA / DJA will randomly summon 50 to 1500 Jurors from India / State / District and ask the Jurors to give their opinions of the acquisition proposal. The size of the Jury will be higher of the two --- 12 plus 1 Juror per acre or number decided by CM or PM, with upper limit of 1500.
(6.2) The PM / CM may or need not send officers to speak on the proposal. The person who has submitted the proposal may or need not come to speak on the proposals. In addition, the Jurors may invite plot owners or others to speak on the proposals. But if the plot owner wishes to speak, then the Jurors must declare whether he will be allowed to speak or not, and how many hours will he be allowed to speak.
(6.3) When majority of Jurors vote that they have heard enough, they will end the hearing and give their decision. NJA or SJA or DJA will post the decision on the website.
(6.4) Jurors opinions will not be binding on PM or CM or any officers. But it will be posted by NLAO on the website.
(6.5) The Jurors will be citizen-voters between the age of 30 years and 55 years with no prior conviction and no pending case on them.
(6.6) PM or CM may give their opinions on an acquisition proposal.
(6.7) Any NGO may do a social audit of the proposal at its own cost and submit the review to Collector. The collector will put the review on the website of PM or CM or both for a fee of Rs 20 per page to be paid by the NGO.
Section-7 : Decision on acquisition proposal
(7.1) (a) If over 50% of ALL voters in India have filed YES on the acquisition proposal then NLAO will declare that proposal as accepted (b) if over 50% of ALL voters in India have filed NO on that proposal , then NLAO will declare that proposal as cancelled. (c) But if neither 50% of all have filed YES nor NO , then NLAO will not use this clause.
Explanation of words “ALL voters of India” : All voters would mean all voters registered in voter list of India, not just the voters who filed YES. Example - say voter list in India has 84 crore voters. Then at least 42 crore voters must file YES or NO for section-7.1 to be applicable. Say 41 crore voters file YES (or 41 crore file NO), then clause-7.1 will not apply.
(7.2) (a) if clause-7.1 has decided the fate of acquisition proposal, then this clause will not apply (b) If over 50% of ALL voters in a State have filed YES on the acquisition proposal then NLAO will declare that proposal as accepted for plots in that State. (c) if over 50% of ALL voters in State have filed NO on that proposal , then NLAO will declare that proposal as cancelled for plots over that State. (d) But if neither 50% of all voters have said YES or NO , then this clause will not apply (e) And YES / NO of over 50% of voters of India will overwrite YES / NO of State’s voters. i.e. clause-7.1 overwrites this clause-7.2.
(7.3) (a) if clause-7.1 or clause-7.2 have decide the fate of an acquisition proposal , then this clause will not apply (b) If over 50% of ALL voters in a District have filed YES on the acquisition proposal then NLAO will declare that proposal as accepted for plots in that District (c) and if over 50% of ALL voters in District have filed NO on that proposal , then NLAO will declare that proposal as cancelled for plots over that District. (d) if neither 50% of all have said YES or NO , then this clause will not apply (e) The YES / NO of over 50% of voters of State / India will overwrite YES / NO of District’s voters. i.e. clause-7.1 and clause-7.2 overwrites this clause-7.3
(7.4) If PM has approved a proposal, and if within 30 days, over 50% of ALL voters in India / State / affected District do not cancel it , then NLAO will announce the proposal as approved. But if PM has approved a proposal, and 50% of all voters in India / State / affected District file NO on that proposal, then NLAO will declare that proposal as cancelled.
(7.5) If CM has approved a proposal, and if within 30 days, PM or CM or over 50% of ALL voters in India / State / affected District do not cancel it , then NLAO will announce the proposal as approved. But if CM has approved a proposal, and 50% of all voters in India / State / affected District file NO on that proposal, then NLAO will declare that proposal as cancelled.
(7.7) If none of the five --- 50% of voters of India , 50% voters of State , 50% voters of District or PM or CM cancel or approve the proposal in 6 months , then NLAO will cancel the proposal.
(7.8) This clause is just a guideline. In general rank will be ---- 50% of all voters of India is above 50% of all voters of state , which is above 50% of all voters of affected district which is above PM which is above CM.
Section-8 : Compensation and claims for higher compensation
(8.1) If a land acquisition proposal is accepted, then NLAO (National Land Acquisition Officer) will depute CO = Compensation Officer for the Land Acquisition proposal.
(8.2) Compensation Officer (CO) will obtain proofs and valuations of the wealth the land losing individuals have.
(8.3) Compensation for first Rs 2 crore worth land, in whole lifetime of the person, will be three times the market price of the land acquired and will be twice the market thereafter first Rs 2 crore. This clause will NOT apply for non-person owners and foreign owners. And this clause will apply only if the person had been owning the land for over past 10 years, or had inherited in which duration held by first owner will be also counted. For monthly pension, please see clause-8.5
(8.4) For non-person entity , the compensation will be twice the market rate only
(8.5) For any person, whose land has been taken, if his income falls below Rs 100,000 per year and wealth is also below Rs 10 lakhs plus 250 sqft non agricultural land 500 sqft construction and 2 acre of agricultural land, then a pension of Rs 1000 per month per acre of land he lost will start, with upper limit of Rs 3000 per month. The amounts namely Rs 1000 and Rs 5000 will be adjusted as per inflation. The social worker can prepare the case. And the social worker who prepares the case will get Rs 100 per month incentive for as long as the individual gets the pension amount.
(8.7) If individual / entity feels that compensation is less, then they may file the case before the Jurors. The number of Jurors will be 12 plus 1 Juror per acre plus 1 Juror per crore of circle rate value, with maximum of 1500 Jurors per case. Each compensation claim will be brought to separate Jury.
(8.8) The citizens may increase compensation using TCP . For TCP, please see TCP-India section (section 11)
(8.9) The compensation received will be tax exempt.
Section 9 - Jury-Trial : Jury Trial for compensation claims
(J.1) ( Instruction to NLAO (National Land Acquisition Officer))
NLAO (National Land Acquisition Officer) will appoint a Jury Administrator for each District called as DJA = District Jury Administrator, and one Jury Administrator for each State called as SJA = State Jury Administrator, and one Jury Administrator for India called as NJA = National Jury Administrator unless DJA have been already been appointed by the CM and the SJA or NJA has been already been appointed by the PM or person he appoints.
(J.2) ( Instruction to NJA , SJA , DJA, NLAO and all officers under NLAO, all land owners)
(J.2.1) The person / entity who is losing land and if he thinks that his compensation is less that what he should get, then he may file case before DJA of the District in which plot is located.
(J.2.2) For every compensation dispute, DJA will randomly select voters from voter list of District between age of 30 and 55 years. The person must not have appeared in any Jury in past 10 years and must not have faced any conviction in past.
(J.2.3) Number of Jurors – The number of Jurors will be at least 15 and at most 1500. If difference between compensation given and compensation asked is below Rs 10 lakhs , then the number of Jurors will be 15. And for each Rs 5 lakh difference, one more Juror will be selected. The highest size will be 1500 Jurors.
(J.2.4) Appeal against judgment of District Jurors can be filed with Jurors or Judges in State High Court and later with Jurors or Judges in Supreme Court as decided by other prevailing laws.
Section 10 - RTR-NLAO : Right to Recall NLAO
(RTR-NLAO 1) ( Instruction to District Collector (DC) or officer he deputes )
If any citizen of India wishes to become NLAO, and he appears in person or via a lawyer with affidavit before the District Collector, then the DC would accept his candidacy for NLAO after taking filing fee same as deposit amount for MP election and put the NLAO candidates name on PM website.
(RTR-NLAO 2) (Instruction to Talati (also known as Village Officer or Patwari), or Talati’s Clerks)
If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the NLAO position, then the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved.
(RTR-NLAO 3) ( Instruction to Talati )
The Talati will put the preferences of the citizen on PM's website with citizen’s voter-ID number and his preferences so that all can see the same without any need to log-in.
(RTR-NLAO 4) (Instruction to Talati)
If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
(RTR-NLAO 5) (Instruction to Cabinet Secretary, Union Cabinet)
On every 5th of month, the CS may publish Approval counts for each candidate as on last date of the previous month.
(RTR-NLAO 6) (Instruction to PM )
If a candidate gets approval of over 35% of ALL registered citizen-voters (ALL, not just those who have filed their approval) and 1% more approvals than the present NLAO, then PM may or need not expel the existing NLAO and may or need not appoint the person with highest approval count as NLAO . The decision of PM will be final.
Section 11 - TCP-India : Transparent Complaint Procedure-India-clauses
(TcpIndia.1) ( Instruction to District Collector )
If any citizen wants a change in this law-draft, he may submit an affidavit at Collector’s office and Collector or his clerk will scan the affidavit along with voter ID number of the citizen onto the website of Prime Minister for a fee of Rs 20/- per page, so that all can see the same without logging-in.
(TcpIndia.2) (Instruction to Talati or Patwari)
If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister along with voter ID number of the citizen.
(TcpIndia.3) (Instruction to all)
The YES-NO count will not be binding on PM, CM, any officers., any judges etc.
=== end of law-draft =====
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