1. Do we need a land Bill?

Do we need a land Bill?

Just go the Presidential assent way for various states...

By: | Updated: April 27, 2015 3:46 PM
land acquisition bill

With investor unease growing over issues like the poor handing of the MAT on FIIs – the falling sensex is best reflective of this mood – decisive government action on the land Bill has become sort of a litmus test of its ability to get critical legislation through.

With investor unease growing over issues like the poor handing of the MAT on FIIs – the falling sensex is best reflective of this mood – decisive government action on the land Bill has become sort of a litmus test of its ability to get critical legislation through.

This is why, though the government has made an unfortunate dilution in the provisions on industrial corridors, it is doing well to stand its ground on the Bill despite the chorus of protest from a seemingly united Opposition.

Since it is likely the government will not be able to get the Bill passed in the current session or in even the next one, chances are the ordinance will be re-promulgated a few times.

And, in the meanwhile, apart from putting more money in the hands of farmers by acquiring land for roads and railways, the government can try and persuade more parties to come on board especially if it can try and get prominent farmer groups to weigh in its favour.

But meanwhile, investors need to see some action, and one way to do that is to go back and relook whether or not, as in the case of labour laws, states have the freedom to bypass the central Bill and move on their own – certainly the centre recognizes this since the government has consistently said that states which did not agree with the central law were free to recast it.

The Seventh Schedule of the Constitution categorizes various powers as Union, State and Concurrent– the first two are self-explanatory, in the case of the third, in case the state law runs counter to the central law, the central law prevails.

While land does not figure in the central list, item 18 of the state list includes this when it talks of ‘transfer and alienation of agricultural land’. In which case, how did the UPA pass its Land Act and why is the NDA trying to do the same? Item 6 of the concurrent list talks of ‘transfer of property’ but this is ‘other than agricultural land’, so it cannot be under this section.

The possibility, then, is that the UPA law was justified under item 42 of the concurrent list which deals with ‘acquisition and requisition of property’.

Whether land is a state subject or a concurrent one, then, is a matter of interpretation even though it does look as if it is a state one. But even if is on the concurrent list, Article 254(2) of the Constitution allows states to have a law which runs counter to what the central law is provided the President of India gives his assent to it.

In other words, if a Gujarat or a Maharashtra, for instance, want to remove the consent clause even while it is there in the central statute, all they have to do is to, having passed the Bill in their assembly, send it to the President – prime minister Modi will, as he has done in the case of the Rajasthan labour laws, recommend this to the President who is obliged to sign on.

So while the debate over the central land Bill carries on, why doesn’t the centre get some BJP-run states to at least change their laws?

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  1. S
    Shrinivasa Kamath
    Apr 27, 2015 at 9:46 pm
    BJP ruled states can p a law which is similar to the central bill and go ahead with it. Why should there be fuss about it? BJP can show that it is pro farmer. Similarly, Congress-ruled states can go ahead with the 2013 central Land Aquisition Act and show results. Why are the political parties wasting time? Non-BJP and non-Congress states can do what they feel is right.
    Reply
    1. K
      K Roy
      Apr 27, 2015 at 2:23 pm
      All the villages under panchyat shall be connected by roads, electricity, drinking water supply, drainage system, irrigation cannals from respective districts. All such districts shall be connected by subsequent roads, electricity, drinking water supply, drainage system as well as Market/Sabji Mandi/Cold Storage/ Co-operative Banks etc so that village produced can be easily transported & sold by producers. All such districts shall be connected with each other as well as with the main city where more facilities will be available. Branches of Co-operative Banks, Post Office, Schools, Skill Development Centres, Local Market, and Health Care Centres etc shall be made available for every village. Each district shall have all such facilities of higher level & those shall be further higher in cities. Now, when above facilities will be provided then all farmers /villagers will be more connected to the society. They can easily sell their product to the market of their choice. They can engage in maintaining of those infrastructure by enhancing their skill through skill development centres. Skill Development Centres at every consuency & panchayat level to start training on various skills like Mobile Repairing, TV & Electronic goods repair, PC Repair, Household Electrical Repair, Tailoring /Dress Making & repairing, House building /Repairing Skill, Woodwork/Carpenter skill, Leatherwork/Cobbler Skill, Metal work/Smith, Steel Fabricator, Steel Welder, Rigger, Jewellery work, Car Mechanic, 2-Wheeler Mechanic, Shari Weaving, Towel Making, Handkerchief/Shocks/Undergarment making, Gardening, Organic Agriculture, Housekeeping, Cooking Skill etc to train unemplo people so that they can survive of their own & become self sufficient. My Mann Ki Baat for our farmers is detailed for your consideration please. Proposal against concept of Commodity Banking System for farmers to avoid farmer suicide which may be a huge investment opportunity in India & can improve social security of farmers, transparency, minimise ding & corruption if done professionally. 1. Gramin & Co-operative Banks shall build up cold storage space for their farmer customers at Panchayat / District Level. 2. Banks shall facilitate training, soil testing, crop / seed selection as well as its distribution depending on soil condition/ season, farming, water management (per drop more crop) use of latest technology & automation etc of their customers for continuous improvement of their productivity & performance. 3. Bank shall provide loan to their farmer customers with insurance coverage, to take care of any exigency & closely monitor the progress of the crop growth of their customer on regular basis as well as ist /guide wherever necessary. 4. Customer shall deposit their produce to the bank & shall pay back the bank loan & interest amount by selling their produce as per govt support price/current market price whichever is higher. The balance produce, if any, may be deposited in their bank account at a cost which can sell latter through bank at market price to earn profit or they can sell the w lot to the bank on govt support price/current market price after each crop. 5. All transactions shall be digitised & recorded in bank & in respective p book of customer. Such stock of respective commodity shall be traceable by the Govt at any point of time in a group of banks as well as from their Central Commodity Bank. 6. Customers shall be rated every year on the basis of their performance & productivity etc. & further loan shall be given on past performance & rating of the customer. 7. Bank shall sell the commodity stored with them on regularly on the basis of life cycle of various commodities. 8. Govt shall fix the price of those commodities through commodity / stock market, i.e. on supply /demand situation at any point of time. 9. This is to be implemented in a phased manner. Starting with Rice, Wheat & other food grains, All types of es, pulses, beans, Peas, Oil seeds, Lentils, Nuts, Coffee Seeds, Tea, Tobacco, Cotton lint, Silk-worm cocoons, Jute, Other Bust fibres etc may be taken in 1st phase & all root vegetables, Onions, Ginger, Garlic, selective fruits etc in during 2nd phase & so on. 10. Later on Bank can expand its business by forward, backward & vertical integration through food park, food processing, mktg, e-comm etc for further value addition & profitability. NGOs with proven track record like Patanjali / Ramdev Ji may be requested facilitate this type of project at the beginning. 11. Commodity Banks shall take up Swachha Bharat, Toilet for Schools & Home, Clean Drinking Water, Rain Water Harvesting & Mgt, Electricity to every home, Education & Skill Development for youth, Basic Health Care facility Homeopathic, Ayurvedic, Yoga, Pranayama etc under CSR scheme. Now, for providing all such infrastructure lands will be necessary without which it is impossible, as was continuing since independence till date. Hence, leaving politics aside for the sake of faster growth & development practical & effective land bill is necessary to be ped at any cost. It does not require any explanation that at present scenario govt cannot afford to provide such infrastructure without any help of FDI. Hence, we have to choose for remaining in same status or we need fast growth, by some sacrifice for a long term permanent gain.
      Reply
      1. S
        Sadasivan
        Apr 27, 2015 at 8:38 pm
        No we don't.at least NOT the one proposed by the NDA.Both NDA and the UPA were copying the EMINENT DOMAIN of the USA.The aim is favouring the Globalists,create a Food Shortage and usher in the GMO Cos this context,the "Framers' Suicides"i not so simple as it looks with Land Grab and the GMO contributing to the same. One of the most important point is that Land is an investment and its price will rise exponentially. NDA is discouraging possession of tangibles like Land ,God etc under pressure from the G 20 for a Cashless Society. India should exit G 20.else she is doomed. Please google for:- Framers sucides in india and the GMO
        Reply

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