LAND LAW 1 slides THE NATIONAL LAND CODE Revised 2014xareejx
The National Land Code 1965 (NLC) is the main legislation governing land administration in Peninsular Malaysia, excluding Sabah and Sarawak. Key features of the NLC include vesting all land ownership in the state authority, establishing a system of land titling based on indefeasible and conclusive registration, and reversion of alienated land back to the state under certain circumstances. The NLC also implements a caveat system and prohibits adverse possession or acquisition of land without proper alienation and registration. While the NLC does not explicitly provide for equitable principles, general equity can apply to the extent not inconsistent with the NLC.
Land is reserved for public purposes like education, religion, and recreation to ensure availability when needed. Land is also reserved for certain communities to protect proprietary interests and prevent land loss. In Malaysia, land acts were passed to reserve land for Malays due to increased immigration and protect Malays from economic changes. The Federated Malay States Malay Reservations Enactment of 1933 standardized reservation laws, though definitions of "Malay" vary between states. Strict rules govern declaring and transferring reserved land to protect Malay interests.
1. Property – dictionary meaning
2. Property in legal theory
3. Property as defined in jurisprudence
4. Theories of property
- Hugo Grotius
- Samuel von Pufendorf
- John Locke
- Marxian theory
Transfer of Property Act, 1882
Broadly two types of property transfers
Position of TP Act
ENFORCEMENT OF JUDGEMENTS AND ORDERS
Writ of seizure and sale
Stay of Execution
WRIT OF POSSESSION
WRIT OF DELIVERY
ENFORCEMENT OF MONEY JUDGEMENT
GARNISHEE PROCEEDINGS
CHARGING ORDERS TO STOP ORDER
APPOINTMENT OF RECEIVER (O51)
JUDGMENT DEBTOR SUMMONS
WRIT OF DISTRESS
The document summarizes key aspects of the Real Estate Regulation Act 2016 in India and its impact on the construction industry. Some key points:
- The Act establishes a regulatory authority called RERA to regulate the real estate sector and protect homebuyer interests.
- Project registration with RERA is required before sale or advertising, except for small projects. Registration requires disclosure of project details.
- RERA oversees project registration, revocation, and monitors use of funds collected from buyers. It can penalize promoters for non-compliance.
- The Act sets up an appellate tribunal and provides penalties for violations by promoters or buyers. It also outlines duties of developers like disclosing project details to
LAND LAW 1 slides rights and powers of the state authority 2014xareejx
The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.
Apartment Management: The Tamil Nadu Apartment Ownership Act, 1994ADDA
The Tamil Nadu Apartment Ownership Act, 1994
ApartmentADDA is India's #1 Apartment Management and Apartment Accounting Software. All the best practices of State Bye-Laws are inbuilt in the product.
LAND LAW 1 slides THE NATIONAL LAND CODE Revised 2014xareejx
The National Land Code 1965 (NLC) is the main legislation governing land administration in Peninsular Malaysia, excluding Sabah and Sarawak. Key features of the NLC include vesting all land ownership in the state authority, establishing a system of land titling based on indefeasible and conclusive registration, and reversion of alienated land back to the state under certain circumstances. The NLC also implements a caveat system and prohibits adverse possession or acquisition of land without proper alienation and registration. While the NLC does not explicitly provide for equitable principles, general equity can apply to the extent not inconsistent with the NLC.
Land is reserved for public purposes like education, religion, and recreation to ensure availability when needed. Land is also reserved for certain communities to protect proprietary interests and prevent land loss. In Malaysia, land acts were passed to reserve land for Malays due to increased immigration and protect Malays from economic changes. The Federated Malay States Malay Reservations Enactment of 1933 standardized reservation laws, though definitions of "Malay" vary between states. Strict rules govern declaring and transferring reserved land to protect Malay interests.
1. Property – dictionary meaning
2. Property in legal theory
3. Property as defined in jurisprudence
4. Theories of property
- Hugo Grotius
- Samuel von Pufendorf
- John Locke
- Marxian theory
Transfer of Property Act, 1882
Broadly two types of property transfers
Position of TP Act
ENFORCEMENT OF JUDGEMENTS AND ORDERS
Writ of seizure and sale
Stay of Execution
WRIT OF POSSESSION
WRIT OF DELIVERY
ENFORCEMENT OF MONEY JUDGEMENT
GARNISHEE PROCEEDINGS
CHARGING ORDERS TO STOP ORDER
APPOINTMENT OF RECEIVER (O51)
JUDGMENT DEBTOR SUMMONS
WRIT OF DISTRESS
The document summarizes key aspects of the Real Estate Regulation Act 2016 in India and its impact on the construction industry. Some key points:
- The Act establishes a regulatory authority called RERA to regulate the real estate sector and protect homebuyer interests.
- Project registration with RERA is required before sale or advertising, except for small projects. Registration requires disclosure of project details.
- RERA oversees project registration, revocation, and monitors use of funds collected from buyers. It can penalize promoters for non-compliance.
- The Act sets up an appellate tribunal and provides penalties for violations by promoters or buyers. It also outlines duties of developers like disclosing project details to
LAND LAW 1 slides rights and powers of the state authority 2014xareejx
The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.
Apartment Management: The Tamil Nadu Apartment Ownership Act, 1994ADDA
The Tamil Nadu Apartment Ownership Act, 1994
ApartmentADDA is India's #1 Apartment Management and Apartment Accounting Software. All the best practices of State Bye-Laws are inbuilt in the product.
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
This document summarizes key aspects of rent control and tenant eviction laws in Tamil Nadu, India. It outlines that rent control laws were introduced to regulate rents and prevent unreasonable eviction of tenants. The Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 currently governs these issues, allowing eviction only on specified grounds such as non-payment of rent, subletting, or the landlord requiring the property for personal use. The document also provides details on determining fair rent and exemptions to the rent control act.
[1] O documento é um contrato de locação de imóvel para fins de temporada entre um locador e um locatário. [2] O contrato estabelece as obrigações das partes como pagamento de aluguel, conservação do imóvel, proibição de sublocação e multas. [3] O contrato também define questões como depósito de caução, foro competente e honorários advocatícios.
1) A Câmara Municipal de Pombal arrenda frações autónomas e lugares de estacionamento na cidade de Pombal à empresa Café com Letras por um ano, renovável automaticamente.
2) A empresa pagará uma renda mensal de 400 euros mais despesas comuns do edifício e será responsável por manutenção e seguro do local.
3) Findo o contrato, melhorias feitas pela empresa revertem para a Câmara e a empresa deve reparar danos causados e restituir o local.
The law on maintenance for children (equal responsibilities)NurulHayyu1
This document provides an overview of the law on maintenance for children and equal responsibilities between parents in different jurisdictions. It begins with definitions of maintenance from legal and Islamic sources. It then outlines the position in international law and conventions, before comparing the laws in Malaysia, the UK, Australia, Indonesia, and Islamic law principles. Key points covered include authorities and obligations for child maintenance, applicable ages, formulas for determining amounts, and treatments of shared custody arrangements.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
This notice letter informs the tenant that their monthly tenancy of the [property details] measuring [square footage] that was let to them [years ago] for commercial use at Rs. [rental amount] per month will be terminated in 15 days. It requests that the tenant quit, vacate, and deliver peaceful possession of the property to the owner within 15 days, or they will be treated as a trespasser and legal proceedings will be initiated against them to recover possession of the property. The notice is being issued under Section 106 of the Transfer of Property Act 1882.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The procedures for disposing of land, including reservation, temporary occupation, extraction of materials, and alienation (transfer of ownership).
4) The incidents and registration of titles for alienated (transferred) land, including rent, conditions, restrictions, forfeiture, sub-division and amalgamation.
5) The preparation and maintenance of land title registers on final and qualified titles
The document discusses regulations regarding the removal of rock material from various types of land in Malaysia. It outlines that the State Authority may permit extraction from state, alienated, mining, and reserved lands. Permits must be issued by the relevant land administrator and are valid only for the calendar year issued. Permits cannot be assigned or transferred upon death and holders must pay penalties for operating after expiration. Permits may require a deposit from the holder to ensure performance of obligations and land rehabilitation. Acts under a valid permit do not breach any conditions affecting the land under other laws.
1) The document discusses the Real Estate (Regulation and Development) Act, 2016 which aims to establish a regulatory authority for the real estate sector in India and protect consumer interests.
2) Key objectives of the Act include regulating real estate projects, promoting transparency, and providing dispute resolution mechanisms.
3) The Act mandates registration of real estate projects with the regulatory authority and compliance with regulations regarding disclosures, funds usage, completion timelines, and more. It also requires registration of real estate agents.
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
The document discusses the definition of land under Malaysian law and the English common law doctrine of fixtures. It provides examples of how determining what constitutes a fixture or a chattel is important for resolving disputes in property and loan transactions. The key tests from the 1872 English case Holland v. Hodgson are explained - the degree of annexation test and purpose of annexation test must both be considered. Two important Malaysian cases - Goh Chong Hin v. Consolidated Malay Rubber and Sungei Way Leasing v. Lian Seng Properties - applied these tests and established that the English law of fixtures applies in Malaysia, even when a retention of title clause exists.
The document discusses strata titles in Malaysia. It begins by explaining what strata titles are and how they differ from conventional land titles by relating to cubic spaces in buildings rather than surface areas of land. It then discusses the need for strata titles due to population growth and increased demand for housing. The key laws governing strata titles - the Strata Titles Act 1985 and corresponding laws in Sarawak and Sabah - are also outlined. The document goes on to explain the process for applying for and obtaining strata titles, including submitting applications, approval conditions, and issuance of strata titles. It closes by noting some potential problems with processing strata title applications.
Restraints on dealings prevent transactions related to disputed land from being registered. The main types of restraints in Malaysia are lis pendens, injunctions, caveats, and prohibitory orders. Caveats freeze the land register until the dispute is resolved, protecting the caveator's claim. Unlike caveats, injunctions are court orders that do not register on the land title but can still prevent dealings. While caveats and injunctions both restrain transactions, injunctions require court approval and can protect a broader range of interests.
The document summarizes key aspects of land acquisition laws in India - the Land Acquisition Act of 1894 and its replacement, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). It notes that the 1894 Act allowed arbitrary land acquisition without proper compensation or rehabilitation. The 2013 LARR Act established stricter social and environmental safeguards for land acquisition and resettlement of affected families, but was amended in 2014 via an ordinance exempting certain projects. This sparked protests against the dilution of land rights.
The document summarizes key aspects of land acquisition laws and policies in India, including the Land Acquisition Act of 1894, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013, and proposed land ordinances.
The Land Acquisition Act of 1894 allowed the government to acquire land for public purposes, providing compensation at market value plus 30% solatium. LARR 2013 aimed to increase transparency and consent for land acquisition while providing higher compensation and rehabilitation. Proposed land ordinances exempted certain projects from social impact assessments and land owner consent, facing legal challenges.
The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
This document summarizes key aspects of rent control and tenant eviction laws in Tamil Nadu, India. It outlines that rent control laws were introduced to regulate rents and prevent unreasonable eviction of tenants. The Tamil Nadu Buildings (Lease and Rent Control) Act of 1960 currently governs these issues, allowing eviction only on specified grounds such as non-payment of rent, subletting, or the landlord requiring the property for personal use. The document also provides details on determining fair rent and exemptions to the rent control act.
[1] O documento é um contrato de locação de imóvel para fins de temporada entre um locador e um locatário. [2] O contrato estabelece as obrigações das partes como pagamento de aluguel, conservação do imóvel, proibição de sublocação e multas. [3] O contrato também define questões como depósito de caução, foro competente e honorários advocatícios.
1) A Câmara Municipal de Pombal arrenda frações autónomas e lugares de estacionamento na cidade de Pombal à empresa Café com Letras por um ano, renovável automaticamente.
2) A empresa pagará uma renda mensal de 400 euros mais despesas comuns do edifício e será responsável por manutenção e seguro do local.
3) Findo o contrato, melhorias feitas pela empresa revertem para a Câmara e a empresa deve reparar danos causados e restituir o local.
The law on maintenance for children (equal responsibilities)NurulHayyu1
This document provides an overview of the law on maintenance for children and equal responsibilities between parents in different jurisdictions. It begins with definitions of maintenance from legal and Islamic sources. It then outlines the position in international law and conventions, before comparing the laws in Malaysia, the UK, Australia, Indonesia, and Islamic law principles. Key points covered include authorities and obligations for child maintenance, applicable ages, formulas for determining amounts, and treatments of shared custody arrangements.
The document provides an overview of the process of alienating state land in Malaysia. It begins by defining alienation as conveying or giving away the right and title to a piece of state land. It then outlines the main steps in the alienation process, which include applying for the land, approval and payment of land revenue, surveying, and preparing and registering the title. It discusses important concepts like qualified and final titles, as well as the effects of registering the title, which makes it conclusive evidence of ownership and gives the proprietor indefeasible rights over the land.
This notice letter informs the tenant that their monthly tenancy of the [property details] measuring [square footage] that was let to them [years ago] for commercial use at Rs. [rental amount] per month will be terminated in 15 days. It requests that the tenant quit, vacate, and deliver peaceful possession of the property to the owner within 15 days, or they will be treated as a trespasser and legal proceedings will be initiated against them to recover possession of the property. The notice is being issued under Section 106 of the Transfer of Property Act 1882.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
The State Authority has wide powers with respect to the disposal and alienation of state land under the National Land Code 1965. The main powers of the State Authority are:
1. The State Authority has the power to approve the alienation of state land. Alienation of state land takes effect upon registration of the title, but the land remains state land until registration.
2. The State Authority determines the conditions for alienation such as the area approved, period of alienation, category of land use, conditions and restrictions to be imposed, and terms of payment such as premium and rent.
3. The State Authority can impose express conditions that are endorsed on the title document, as well as implied conditions relating to the category of land
This document is the National Land Code of Malaysia which governs land administration and management. It contains several parts and chapters that cover topics such as:
1) The administration of land matters by federal and state authorities.
2) The powers of the state authority regarding the disposal and use of state land.
3) The procedures for disposing of land, including reservation, temporary occupation, extraction of materials, and alienation (transfer of ownership).
4) The incidents and registration of titles for alienated (transferred) land, including rent, conditions, restrictions, forfeiture, sub-division and amalgamation.
5) The preparation and maintenance of land title registers on final and qualified titles
The document discusses regulations regarding the removal of rock material from various types of land in Malaysia. It outlines that the State Authority may permit extraction from state, alienated, mining, and reserved lands. Permits must be issued by the relevant land administrator and are valid only for the calendar year issued. Permits cannot be assigned or transferred upon death and holders must pay penalties for operating after expiration. Permits may require a deposit from the holder to ensure performance of obligations and land rehabilitation. Acts under a valid permit do not breach any conditions affecting the land under other laws.
1) The document discusses the Real Estate (Regulation and Development) Act, 2016 which aims to establish a regulatory authority for the real estate sector in India and protect consumer interests.
2) Key objectives of the Act include regulating real estate projects, promoting transparency, and providing dispute resolution mechanisms.
3) The Act mandates registration of real estate projects with the regulatory authority and compliance with regulations regarding disclosures, funds usage, completion timelines, and more. It also requires registration of real estate agents.
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
The document discusses the definition of land under Malaysian law and the English common law doctrine of fixtures. It provides examples of how determining what constitutes a fixture or a chattel is important for resolving disputes in property and loan transactions. The key tests from the 1872 English case Holland v. Hodgson are explained - the degree of annexation test and purpose of annexation test must both be considered. Two important Malaysian cases - Goh Chong Hin v. Consolidated Malay Rubber and Sungei Way Leasing v. Lian Seng Properties - applied these tests and established that the English law of fixtures applies in Malaysia, even when a retention of title clause exists.
The document discusses strata titles in Malaysia. It begins by explaining what strata titles are and how they differ from conventional land titles by relating to cubic spaces in buildings rather than surface areas of land. It then discusses the need for strata titles due to population growth and increased demand for housing. The key laws governing strata titles - the Strata Titles Act 1985 and corresponding laws in Sarawak and Sabah - are also outlined. The document goes on to explain the process for applying for and obtaining strata titles, including submitting applications, approval conditions, and issuance of strata titles. It closes by noting some potential problems with processing strata title applications.
Restraints on dealings prevent transactions related to disputed land from being registered. The main types of restraints in Malaysia are lis pendens, injunctions, caveats, and prohibitory orders. Caveats freeze the land register until the dispute is resolved, protecting the caveator's claim. Unlike caveats, injunctions are court orders that do not register on the land title but can still prevent dealings. While caveats and injunctions both restrain transactions, injunctions require court approval and can protect a broader range of interests.
The document summarizes key aspects of land acquisition laws in India - the Land Acquisition Act of 1894 and its replacement, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). It notes that the 1894 Act allowed arbitrary land acquisition without proper compensation or rehabilitation. The 2013 LARR Act established stricter social and environmental safeguards for land acquisition and resettlement of affected families, but was amended in 2014 via an ordinance exempting certain projects. This sparked protests against the dilution of land rights.
The document summarizes key aspects of land acquisition laws and policies in India, including the Land Acquisition Act of 1894, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013, and proposed land ordinances.
The Land Acquisition Act of 1894 allowed the government to acquire land for public purposes, providing compensation at market value plus 30% solatium. LARR 2013 aimed to increase transparency and consent for land acquisition while providing higher compensation and rehabilitation. Proposed land ordinances exempted certain projects from social impact assessments and land owner consent, facing legal challenges.
OVERVIEW OF LAND ACQUISITION ACT, 2013.pptxHarshDhaka9
The document provides an overview of the Land Acquisition Act of 2013 in India. Some key points:
- The Act repealed the 1894 law and established provisions for fair compensation, transparency, and rehabilitation of individuals impacted by land acquisition for development projects.
- It defines the process where the government acquires private land for infrastructure projects in exchange for fair compensation and rehabilitation of affected landowners.
- The Act aims to ensure transparency in the land acquisition process, minimize displacement, provide just compensation for losses, and adequate funding for resettlement of displaced families.
- It specifies what types of projects land can be acquired for, such as defense, infrastructure, agriculture, and housing for poor/displaced groups. Con
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected
The document compares India's Land Acquisition Act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act) of 2013. The 1894 Act focused on facilitating land acquisition for government projects, with little consideration for affected landowners. The 2013 LARR Act aimed to ensure fair compensation, thorough resettlement, and rehabilitation of those affected by land acquisition. It introduced social impact assessments, consent requirements, and increased compensation rates compared to the 1894 Act.
Land acquisition (rehabilitation and resettlement) billVarun Vaish
The document summarizes key aspects of the proposed Land Acquisition (Rehabilitation and Resettlement) Bill, 2011 in India. It discusses provisions around determining fair compensation for acquired land, conducting public hearings, appointing administrators for rehabilitation, establishing dispute resolution authorities, and returning unutilized acquired land. The bill aims to balance land acquisition needs with protecting affected communities and ensuring proper rehabilitation and resettlement procedures.
The document summarizes the key aspects of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 introduced in the Lok Sabha. It provides an overview of the bill's provisions related to land acquisition process, compensation rates, rehabilitation and resettlement processes. It also analyzes some key issues around the bill including exemptions provided to certain laws, jurisdiction over private land purchases, thresholds for social impact assessments. The bill aims to balance needs of development and fair compensation/resettlement for affected families, but raises some issues regarding its implementation.
The document summarizes key aspects of the Land Acquisition Act of 2013 in India, which replaced the prior 1894 act. The 2013 act aims to ensure fair compensation, rehabilitation, and resettlement for those affected by land acquisition. It mandates consent from affected families for private and public-private projects, provides higher compensation rates, and entitlements like jobs, housing, and annuities for those rehabilitated. The act aims to improve transparency and social and economic outcomes for those losing land or livelihoods due to acquisition.
The document summarizes the Slum Areas (Improvement & Clearance) Act of 1956 and the Land Acquisition Act of 1894 in India. The key points are:
1. The Slum Areas Act aimed to facilitate inclusive growth and slum-free cities by providing security of tenure, basic amenities, and affordable housing to slum dwellers. It assigned legal rights to land and compensation for acquisition.
2. The Land Acquisition Act of 1894 allowed the government to acquire private land for public purposes, providing compensation. It was replaced by the Right to Fair Compensation Act of 2013 to ensure transparency and minimize displacement.
3. Both acts focused on improving living conditions in slums and facilitating government land
The document discusses the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAR&R Act, 2013) in India. It notes that the previous 1894 Land Acquisition Act had several issues, including lack of consultation, inadequate compensation, and no rehabilitation provisions. The RFCTLAR&R Act, 2013 addresses these issues by mandating social impact assessments, consent of land owners, fair compensation, and rehabilitation entitlements. It aims to make the land acquisition process more participatory, informed and transparent.
The document summarizes key aspects of the Land Acquisition, Rehabilitation and Resettlement Act 2013 in India.
[1] It outlines the need to reform the 1894 act which had issues like low compensation rates, lack of appeal process and no provisions for resettlement. [2] The new act aims to provide fair compensation at market rates and ensure rehabilitation and resettlement of affected families. [3] It specifies higher compensation for rural land (2x market rate) vs urban (market rate) and entitlements like housing, subsistence allowance, training for affected families.
By Léna Chiaravalli
In India, the Land Acquisition Act, 1894 gives the right for Government authorities to acquire parcels of land for the implementation of development projects.. In the context of a rapid growth of cities, the process of urbanisation shall accompany the needs of increasing populations. Thus, the Government tends to make use of his eminent domain power –the right to acquire land for a public purpose- very regularly. However, in practice, this process can imply the displacement of the affected landowners, whom are sometimes forced to give away their property in exchange of compensations. These events contributed to feed people’s bitterness for this practice, and the proposed Reforms of the Land Acquisition Act got stalled. Moreover, land acquisition can be extremely costly, and this can compromise the well implementation of related development projects.
1. The document outlines the land acquisition process under the Land Acquisition Act, including publishing a preliminary notification, surveying the land, paying damages, hearing objections, preparing a rehabilitation and resettlement scheme, reviewing and approving the scheme, publishing a final declaration, publishing a summary of the scheme with the declaration, and provisions for the lapse of the preliminary notification.
2. Key steps include publishing a preliminary notification, surveying the land and paying damages, preparing a draft rehabilitation and resettlement scheme based on a survey, reviewing and approving the final scheme, publishing a final declaration within 12 months, and publishing a summary of the scheme with the declaration.
3. If no declaration is made within 12 months, the
The document summarizes key aspects of land acquisition laws and policies in India. It discusses the Land Acquisition Act of 1894, which allowed the government to acquire private land for public purposes with limited compensation. It then outlines the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR), which established social impact assessments, consent requirements and increased compensation rates. Finally, it notes that the Modi government proposed amendments through an ordinance in 2015 to simplify the land acquisition process under LARR, but the ordinance lapsed due to protests claiming it was anti-farmer.
This document provides an overview of land acquisition processes for joint venture (JV) projects under the Railway Act. Key points include:
1) Land can be acquired under the Railway Act for "special railway projects" defined as projects notified by the central government providing national infrastructure across states.
2) For JV projects, the land should be acquired in the name of a railway. Examining acquiring land in the name of the JV/SPV itself as a railway is also an option.
3) The land acquisition process under the Railway Act involves publishing notifications, considering objections, awarding compensation and resettlement/rehabilitation according to the Right to Fair Compensation, Rehabilitation and Resettlement in
The Land Acquisition Act of 1894 allows the Indian and Pakistani governments to acquire private land for public purposes, providing compensation to landowners. It was originally developed to acquire land for railways but is now used for industrialization and infrastructure projects. The Act went through amendments in 2013 to provide greater protections for landowners, including requiring consent, higher compensation rates, land replacement for fertile plots, and land return if projects are delayed. However, critics argued the 2013 Act made the acquisition process too complex. The 2015 amendments aimed to simplify acquisition procedures.
The Land Acquisition Act 1894 outlines the process by which the government can acquire private land for public purposes. Key aspects include:
1) The government publishes a preliminary notification and declares that the land is required for a public purpose within one year.
2) Affected landowners can object to the acquisition. The collector then submits a report to the government.
3) Once acquisition is declared, the collector issues notices to landowners, determines compensation, and can take possession of the land.
4) Case studies demonstrate issues with the Act, such as determining fair compensation when acquiring large areas of land and addressing farmers' concerns over land acquisition.
The document provides an overview of the key features of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The summary includes:
1) It outlines the need for a new law combining land acquisition and rehabilitation/resettlement provisions given issues with the outdated 1894 law and need to balance development with protecting farmers' rights.
2) It describes the scope of the new law and its application to both government and private land acquisition over certain area thresholds.
3) It provides a high-level overview of several important provisions including enhanced compensation and rehabilitation packages, restrictions on acquiring multi-crop land, roles for gram sabhas, and benefits for vulnerable groups like S
Land bill not cleared bill needs to modify againkjanand
Land bill-15 is Non practical ,unnatural and non pro of farmer(small bussiness man),non pro to landless people,it is pro to only big bussiness man.It defines agricuture is non development activity.It will make farmer jobless in future.
It is a very dangerous bill not for real benefit to public.
The Planning Law Update seminar focusses on the Growth and Infrastructure Bill with Royal Assent now expected shortly. It also looks at judicial review of planning decisions. Is Government right to be concerned that third party challenge could be holding back development?
Similar to Land Acquisition, Rehabilitation And Resettlement Act 2013 (20)
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2. • Land acquisition is the process by which
the government acquires private property
for public purpose.
• Till 2013, land acquisition in India was
governed by Land Acquisition Act of 1894 .
4. • Under the 1894 Act, the government could
acquire any land as it wishes to, in the name
of "public purpose“. The term “public
purpose” was ambiguous and open to
executive-discretion. So, poor peoples’ land
was acquired at throwaway prices in pretext
of development projects.
• Sometimes such projects never started, and the
same cheap land was resold at higher price to
real estate developers, without building
anything for “public purpose”.
5. • Urgency clause: This is the most criticized section of
the Law. The clause never truly defines what
constitutes an urgent need and leaves it to the
discretion of the acquiring authority.
• No safeguards: There is no real appeal mechanism to
stop the process of the acquisition. A hearing (under
section 5A) is prescribed but this is not a discussion or
negotiation. The views expressed are not required to be
taken on board by the officer conducting the hearing.
• Silent on resettlement and rehabilitation of those
displaced: There are absolutely no provisions in the
1894 law relating to the resettlement and rehabilitation of
those displaced by the acquisition.
6. • Low rates of compensation: The rates paid for
the land acquired are the prevailing circle rates in
the area which are notorious for being outdated
and hence not even remotely indicative of the
actual rates prevailing in the area.
• Litigation: Even where acquisition has been carried
out the same has been challenged in litigations on
the grounds mentioned above. This results in the
stalling of legitimate infrastructure projects.
8. • The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, which
came into force from 1 January 2014.
• The title of the old law conveyed that its primary purpose
was to expedite the acquisition of land. However, the
principle objective of the new Bill is fair compensation,
thorough resettlement and rehabilitation of those affected,
adequate safeguards for their well-being and complete
transparency in the process of land acquisition. The title
has been amended to reflect this.
• Retrospective operation: To address historical injustice
it applies retrospectively to cases where no land
acquisition award has been made. Also in cases where
the land was acquired five years ago but no compensation
has been paid land acquisition process will be started
afresh
9. Social Impact Assessment
Consent of Families (70-80%)
>Market rate Price (2x-4x)
Additional Relief to SC/ST
Restriction on Fertile Land
Dispute Settlement Mechanism
Accountability of HOD
10. 1. COMPENSATION : COMPENSATION IN RURAL AREAS WOULD BE CALCULATED
BY
MULTIPLYING MARKET VALUE BY TWO AND ADDING ASSETS ATTACHED TO THE
LAND OR
BUILDING AND ADDING A SOLATIUM. IN URBAN AREAS IT WOULD BE MARKET
VALUE
PLUS ASSETS ATTACHED TO THE LAND AND SOLATIUM.
ILLUSTRATION
Suppose the market value of a piece of land in rural area is 10,00,000.
Multiplying it by 2 ----- 10,00,000 x 2 = 20,00,000
Adding value of assets (2,00,000) attached to land ------ = 22,00,000
Adding 100% solatium, the final compensation = 44,00,000
A piece of land of market value 10,00,000 in urban area ----- Adding
value of asset (2,00,000) attached to land ------ = 12,00,000 Adding 100%
solatium , the final compensation = 24,00,000
11. • Compensation for livelihood losers: In addition to those
losing land, the Bill provides compensation to those who
are dependent on the land being acquired for their
livelihood. To qualify for benefits under this Act the time
period has been reduced to three years of dependence (on
the acquired land) from five
• Fishing rights: In the case of irrigation or hydel projects,
affected families may be allowed fishing rights in the
reservoirs.
• Share in appreciated land value: Where the acquired land
is sold to a third party for a higher price, 40% of the
appreciated land value (or profit) will be shared with the
original owners.
12. •CONSENT: Consent of up to 80 per cent of people
required for private projects. For PPP projects, the
approval of 70 per cent of the same is mandatory
•Multi-cropped, irrigated land cannot be acquired unless it
is for defence or emergency caused by natural calamity
•Land should be returned to original owner or the State
Land Bank if not used in five years for the purpose for
which it is acquired
• The government will not acquire land for private
companies for private purpose
13. • Exemption from income tax and stamp duty: No
income tax shall be levied and no stamp duty shall be
charged on any amount that accrues to an individual as a
result of the provisions of the new law.
• The Bill also proposes amenities like schools, health
centres and civic infrastructure in places where project-
affected people are resettled
The urgency clause should be exercised in the rarest of
rare cases like national defense or for resettlement
purposes.
The Social Impact Assessment (SIA) has to be carried out in
consultation with the representatives of the Panchayati Raj
Institutions (PRIs) Reports prepared under the Social Impact
Assessment are to be shared with these representatives
14. 1.INVESTIGATION PROCESS
• When a local authority or a company requires a land, an
application is required to be made by it to the revenue
authority,accompanied with a copy of the plan showing
survey nos., purpose of acquisition and the reason for the
particular site to be chosen and the provision made for the
cost of the acquisition.
• After the government has been fully satisfied about the
purpose, the least area needed, and other relevant facts
as provided under land acquisition rules, it will issue a
notification under Section 4 of the act that the particular
land is required for public purpose.
PROCEDURE FOR THE LAND ACQUISITION
15. 2. OBJECTION AND CONFIRMATION
• Objections are invited from all persons interested in
land within thirty days from the date of
notification.
• The objections will be valid on one or more of the
following grounds:
i. That the purpose for which the land is proposed
for acquisition is not a public purpose.
ii. That the land is not or less suitable than another
piece of land for the said purpose.
iii. That the area under acquisition is excessive.
iv. That the acquisition will destroy or impair
historical or artistic monuments or will
desecrate religious buildings, graveyards and
the like.
16. 3. Claim and Award
•The collector will issue notices under Section 9 to all
persons interested in the acquisition
to file their claim reports.
•In determining the compensation the market value of
the land is determined at the date of notification. The
rise and fall in the value during the period of
transaction and notification is taken into consideration.
• Compensation is also payable when:
i. Part of the property is proposed for acquisition in
such a manner that the remainder depreciates in
value.
ii. When the land notified for acquisition has standing
crops or trees.
17. • Compensation is also payable when:
i. Part of the property is proposed for acquisition in such a manner
that the remainder depreciates in value.
ii. When the land notified for acquisition has standing crops or
trees.
iii. If the person interested has to change his place of residence or
business then the excess rent payable for the new premises is
also considered for compensation
• After necessary inquiries the collector declares his award showing
true area of the land, total amount of compensation payable and
apportionment of compensation if there are more than one owners
or claimants.
4. Reference to Court
• Any person interested to whom the award is not satisfactory can
submit a written application to the court.
• This application should be made within six weeks from the date
of declaration of the award.
18. The new government passed an
ordinance on Land Acquisition on
29th December 2014 introducing
major changes to the 2013 Act.
Land Acquisition Bill
19. • LARR Act-2013 established an extremely complex andimpractical
land acquisition process.
• Holdouts: Jholachhap NGOs would instigate 20-25% of the affected
families to stage holdout- promising them it’ll fetch them even
higher prices. and Given the 70-80% consent requirement, the
project will never kickoff.
• Litigation: because local (and therefore corruption) Patwari and
Tehsildars never maintain proper land records of who owns how
much land.
•This raised the land prices, red tapism and thus the overall project
cost.
• Neither the farmer could sell its land and move to urban areas, nor
the entrepreneur could buy the land and move towards rural areas.
20. The existing Act kept 13 most frequently used acts for Land
Acquisition for Central Government Projects out of the purview.
These acts are applicable for national highways, metro rail,
atomic energy projects, electricity related projects, etc. The
present amendments bring all those exempted from the 13 acts
under the purview of this Act for the purpose of compensation,
rehabilitation and resettlement. Therefore, the amendment
benefits farmers and affected families.
21. The proposed changes in the Land Acquisition Act would
allow a fast track process for defence and defence
production, rural infrastructure including electrification,
affordable housing, industrial corridors and infrastructure
projects including projects taken up under Public Private
Partnership mode where ownership of the land continues
to be vested with the government. As per the changes
brought in the Ordinance, multi-crop irrigated land can
also be acquired for purposes like national security,
defence, rural infrastructure including electrification,
industrial corridors and building social infrastructure.
22. CONS
The original Land Acquisition Act, 2013 had a
consent clause for acquiring land – industrial
corridors, Public Private Partnership projects, rural
infrastructure, affordable housing and defence. But
after the central government changed, it exempted
these five categories from the rule of acquitting
land in the Bill tabled on February 24.
23. Social assessment which was mandatory before
acquitting land has also been exempted in the Bill
tabled in the Lok Sabha.
As per the existing law, land will be given back to the
farmer if it remains unused for five years. The proposed
amendment says the land will be returned only if the
specified project on the land fails to complete the
deadline.
Also whether the land is fertile or not will also not be
taken into consideration while acquiring it for these five
specific sectors.
24.
25. • Anti-corruption crusader Anna Hazare launched a two-day token
agitation against the new land acquisition act on February 23 and
24. His agitation has received support from thousands of activists
and farmers
• Hazare pressed for repeal of the ordinance issued by the
union government on 29 December 2014
• In a post on his blog, Hazare has criticised this amendment as anti-
farmer and pro-corporate
• He opposed the various clauses in the ordinance like removal of
SIA,Consent Requirement,multi crop land provision,Return of Land
to Farmers if unused.
28. In an attempt to placate the opposition and
some unhappy allies, government brought
nine official amendments and added two
clauses to the controversial legislation.
The amendments have been passed in the
Lok Sabha setting the stage for its
consideration in Rajya Sabha where the
numbers are loaded against the
government.
29. The social impact asssessment of land to be acquired will be the
prerogativeofthestate governments
The amendments include dropping of exemption to "social
infrastructure" projects as there were fears that private individuals
may use this clause to open colleges and hospitals which are actually
businessmodels
Multi-croplandswillnotbeacquired
Land will be returned to the farmer if the project is not completed,
but the time consumed by court cases and injunctions will not be
counted.
Themostimportantclause-theConsentClause hasnotbeendealtwithyet
, this being the major reason for the widespread opposition against the
ordinance
30. Government has decided to prorogue the Rajya Sabha and
repromulgate the Land Ordinance in the next session, as the
existing ordinance lapses on April 5 with the end of the Rajya
SabhaSession.
Sources said that the government will its best to bring the
land bill in Rajya Sabha to replace the ordinance in the
second half of the Budget session after it reconvenes on
April20
31. It may agree to reintroduce the provision of taking farmers'
consent for acquiring land. The earlier 80 percent consent
requirementcanbe reduced to51percent.
Similarly, instead of the earlier social impact assessment (SIA), the
government may involve expert groups to examine the land deals
to find out whether excess landhas beenacquiredfora projectand
whether ithas affectedthe original inhabitants.