Land Acquisition Act 1894 August 27, 2009

This act which was enacted in 1894 is one of the remnants of the colonial legacy on independent India. Sure there have been amendments to the act but the character of the act still remains the same.

For those of us who are not aware of the exact contents of the act, I wish to briefly explain the act as I would to a layman. The act has various sections and without going deep into each section, I will try and simplify by going step wise.

The act is basically meant to acquire land for public purposes and for companies.

Step I

• appropriate govt makes a preliminary notification that land is required for public purpose or a company. This notice made under section 4(1) has to be published in official gazette and in two local news papers atleast one of them being in local language.

• Primary survey is then done to ascertain the suitability of land.

• Any interested party, meaning owner of land can within 30 days of publication of notice u/s 4(1) submit his objections to the collector who hears the objections and after making necessary enquiry submit his recommendations and report to the govt.

Step II

• The govt after considering the report of collector, the govt issues a declaration u/s 6(1) that the said land is required for public purpose or for a company. This declaration has to be made within one year of the notification u/s 4(1). This declaration is then published in official gazette and two local news papers.

• After this the collector initiates further action like measurement etc.

Step III

• Once this is done, collector acting under section 9 directs through a public notice that any claims for compensation of the land be made to him.

• These claims are heard and then collector gives his award for compensation u/s 11.

• award has to be made within 2 years from date of declaration u/s 6.

Step IV

• The collector can take possession of the land after the order is made.

Step V

• On making the award u/s 11, the collector then makes payment of the compensation awarded by him.

• In case amount is not paid or deposited in court as the case be before taking possession of the land, the collector has to pay an interest @9% per annum for the first year and @15%per annum subsequently.

• Any body who is not acceptable to the amount of compensation can through the collector appeal to the district court. The court can only decide on the amount of compensation and not any thing else. The court can also not decrease the compensation awarded by the collector.

• In addition to the above compensation courts should award a sum of 30% on the market value ascertained by it. Further courts shall also award a sum of 12% of market value for the intervening period from date of notification u/s 4 to the date of actual taking possession of land/or date of award whichever is earlier.

Now, some interesting issues in this act that are being pointed out by activists against the act are provided below.

• • • The act says compensation is payable only to interested parties which means the person has is interested in an easement affecting the land. This means that the agricultural labourers who are also dependant on the land but have no rights cannot be compensated.
    • assumes that money is an adequate means of compensation.
    • There is no standard and well defined process of fixing compensation.
    • In case where local bodies are the interested parties, they do not even have the right to go to court. They simply have to surrender and can only represent regarding compensation to the collector.
    • Under urgency provisions u/s 17, collector can do away with most of the above procedures and take possession of land. But what constitutes urgency or essential requirement has nowhere been defined.
    • 45 discusses how notice should be served. In case notice cannot be served on the person named, it has to be served on any other male member of the family. It is not lawful to serve the notice to a female member of the family.
    • How can govt acquire forcibly land and hand over to a company whose sole interest is making profit.
    • The rules and norms of market are not followed. Normally in market, land is traded for an amount mutually agreed to after negotiations.
    • entire process is very slow and due to inordinate delays causes great hardships to the people involved.
    • Compensation is not immediately paid to the evicted people resulting in great hardship to them.

However it is equally true that sometimes house owners claim astronomical amounts as compensation while refusing to pay betterment charges.

ROAD TO A RESPONSIBLE GOVERNMENT- History Notes August 27, 2009

Provisions of 1773 Act

• Court of Directors hitherto elected every year would be elected for 4 years
  
• Total number of Directors 24,one fourth retiring every year
• A Governor General in Bengal with four members to assist him and the quorum was 3
• The member of Governor Generals EC to hold office for 5 years
• The Governor General will have authority over Madras and Bombay
• Supreme court was created
• The court was given both original and appellate jurisdiction

Provisions of 1784 Act

• A Board of Control with 6 members
• Court of Directors retained real executive power and patronage and Board of control no power of patronage
• The members of Governor Generals EC was reduced to 3
• Only Covenanted servants will be appointed as members of the Council of Governor General
• The Presidencies of Bombay and Madras were subordinated to the Governor General
• Prohibition of aggressive wars and treaties with Indian princes

Provisions of 1813 Act

• Company was deprived of monopoly of trade except trade with China and trade in tea
• Rs 1 lakh for education in India

Provisions of 1833 Act

• Centralized government in India and the Governor General of Bengal was made the Governor General of India
• Bombay and Madras completely subordinated to the Governor General
• A new member, a Law member in the Governor General’s EC
• Company lost its monopoly of tea trade and trade with China
• “No Indian or natural born subject of the Crown resident in India by reason of birth,colour,descent, be disqualified for any employment under the company
• Government of India to take serious measures to ameliorate the condition of slaves
  

Provisions of 1853 Act

• The law member was made a full member
• The number of Court of Directors reduced to 18, 6 nominated by the Crown and the quorum was fixed at 10
• The power of patronage of the Directors was curbed
• Services thrown to open competition

Provisions of 1858 Act

• A Secretary of State for India and he will be assisted by 15 members of which 8 to be nominated by the Crown whereas 7 to be nominated by the Court of Directors
• Half of the members must have worked in India for at least 10 years
• Governor General was made Viceroy
• Appointment to the Covenanted servants to be made by open competitive examination

Provisions of 1861 Act

• Introduction of Portfolio system
• A fifth member added to Viceroy’s EC and he has to be a gentleman of legal profession
• For legislative purpose Viceroy’s EC was expanded by the addition of not less than 6 and not more than 12 members half of which must be non officials
• Their tenure for 6 months
• Power of Bombay and Madras Presidencies restored

Provisions of 1892 Act

• Two fifth of the members of the council to be non officials
• Principle of election introduced
• Members could ask questions and general discussion on budget was allowed

Some points to remember

• PSC introduced by the act of 1919
• The preamble of the Act of 1919 was based on the August declaration of 1917
• The income qualification of Hindu candidates was much more than that of Muslim candidates by the Act of 1909
• Introduction of election by the Act of 1909
• The details of electoral qualification and seat allocation was left to local authorities by the act of 1909
• The Act of 1919 was the most short lived act
• An Indian was appointed to the Viceroy’s EC for the first time by the Act of 1909
• By the Act of 1909 Executive Councils were created for Bengal,Bihar,Orissa and UP
• By the Act of 1935, Council of States to have 250 members and Federal Assembly 375 members wherein Princely states to send 104 and 125 nominated candidates respectively
• Provincial autonomy was granted by the Act of 1935.
• A Federation by the Act of 1935 could not be formed unless states sent not less than 104 members to the Council of the States

Asoka Dhamma August 21, 2009

Dhamma of Ashoka

There is no doubt that Ashoka’s personal religion was Buddhism. In his Bhabru edict he says he had full faith in Buddha, Dhamma and Sangha. He showed respect to all sects and faiths and believed in using among ethical and moral values of all sects. In Rock Edict VII he says all seeks desire both self control and purity of mind. In Rock Edict XII he pronounces his policy of equal respect to all religious sects more clearly.

The Dhamma as explained in Ashoka’s edicts is not a religion or a religious system but a moral law, a common code of conduct or an ethical order. In Pillar Edict II Ashoka himself puts the question what is Dhamma? Then he enumerates two basic attributes or constituents of Dhamma: less evil and many good deeds. He says such

evils as rage, cruelty, anger, pride and envy

are to be avoided and many

good deeds like kindness, liberty, truthfulness, gentleness, selfcontrol, purity of heart, attachment to morality, inner and outer purity etc

are to be pursued vigorously. Ashoka established hospitals for humans and animals and made liberal donations to the Brahmans and ascetics of different religious sects.

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He erected rest houses, caused wells to be dug and trees to be planted along the roads.

Ashoka took for the propagation of Buddhism.

He conducted Dharamyatras and instructed his officials to do the same. He appointed special class of officials called Dharamahamatras whose sole responsibility was to propagate Dhamma among the people. Ashoka sent missions to foreign countries also to propagate dhamma. His missionaries went to western Asia, Egypt and Eastern Europe. Of the Foreign kings whose kingdoms thus received the message of Buddhism five are mentioned in the inscriptions of Ashoka namely Antiochus, Syria and Western Asia, Ptolemy Philadelphus of Egypt, Antigonus Gonatas of Macedonia, Megas of Cyrene and Alexander of Epirus. Ashoka even sent his son Mahendra and daughter Sanghamitra to propagate Buddhism in Srilanka.