...TO BE INTRODUCED IN LOK SABHA AS INTRODUCED IN LOK SABHA BILL NO. 77 OF 2011 THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 ———— ARRANGEMENT OF CLAUSES ———— CHAPTER I PRELIMINARY CLAUSES 1. 2. 3. Short title, extent and commencement. Application of Act. Definitions. CHAPTER II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 4. 5. 6. Preparation of Social Impact Assessment Study. Public hearing for Social Impact Assessment. Publication of Social Impact Assessment Study. B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 7. Appraisal of Social Impact Assessment Report by an Expert Group. C.—EXAMINATION OF PROPOSAL BY A COMMITTEE CONSTITUTED BY THE APPROPRIATE GOVERNMENT 8. 9. Constitution of committee to examine proposals for land acquisition and the Social Impact Assessment Report. Exemption from Social Impact Assessment. CHAPTER III SPECIAL PROVISIONS TO 10. SAFEGUARD FOOD SECURITY Special provisions to safeguard food security. CHAPTER IV NOTIFICATION AND ACQUISITION 11. 12. 13. 14. 15. 16. Publication of preliminary notification and power of officers thereupon. Preliminary survey of land and power of officers to carry out survey. Payment for damage. Lapse of Social Impact Assessment Report. Rescission of preliminary notification. Hearing of objections. (ii) CLAUSES 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Preparation of Rehabilitation...
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...BACKGROUND OF THE CASE The matter at hand came before the Honorable Supreme Court of India in the form of a Special Leave Petition under Article 136 of the Constitution of India, 1950 from the decision of the High Court of Punjab & Haryana. This case has had a serpentine history, beginning from the institution of a suit in 1965 in the lower court, going in appeal to the Division Court, from there in second appeal to the Single Judge of the High Court of Punjab & Haryana who referred it to the Division Bench of the High Court, and then finally being disposed by the Honorable Supreme Court of India in 1990. The case assumes importance as it relates to some very important questions of law, which were finally put to rest by this judgment of the Honorable Supreme Court of India. This matter deals with the question of the jurisdiction of the civil courts in matters of Land Revenue. The other question that has been deliberated upon in this matter is as regards to the nature of Section 85 and Section 86 of the Punjab Land Revenue Act, 1887. These Sections being analogous to Rule 84, 85, and 86 of the Code of Civil Procedure, 1908 have been interpreted in light of the interpretation afforded to these Rules of the Civil Procedure Code, 1908. FACTUAL MATRIX OF THE MATTER At the heart of the dispute was the allegation that Sardara Singh had been appointed as the substitute Lambaradar on 8th November, 1957 for District Ferozpur replacing the previous substitute, Hardit Singh (the...
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...Central Government Act Section 141 in The Indian Penal Code, 1860 141. Unlawful assembly.-- An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Central Government Act Section 447 in The Indian Penal Code, 1860 447. Punishment for criminal trespass.-- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend...
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...Draft for Discussion THE DRAFT NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011 I. Foreword II. Overview of the Draft Bill III. Text of the Draft Bill Ministry of Rural Development Government of India July 27th 2011 I. FOREWORD Infrastructure across the country must expand rapidly. Industrialisation, especially based on manufacturing has also to accelerate. Urbanisation is inevitable. Land is an essential requirement for all these processes. Government also needs to acquire land for a variety of public purposes. In every case, land acquisition must take place in a manner that fully protects the interests of land-owners and also of those whose livelihoods depend on the land being acquired. Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. So far, the basic law governing the land acquisition process has been the Land Acquisition Act, 1894. Although it has been amended from time to time, it is painfully evident that the basic law has become archaic. Land markets in India are imperfect. There is asymmetry of power (and information) between those wanting to acquire the land and those whose lands are being acquired. That is why there has to be a role for the government to put in place a transparent and flexible set of rules and regulations and to ensure its enforcement. Land Acquisition and Rehabilitation and Resettlement (R&R) need to be seen necessarily as two sides of the same coin. R&R must always, in each...
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...to buy the property, being the land and the goods, for the price and on| |the terms set out in this contract. | |The terms of this contract are contained in the— | |( Particulars of sale; and | |( Special conditions, if any; and | |( General conditions; and | |( Vendor's Statement | |and in that order of priority. | |The Vendor's Statement required by section 32(1) of the Sale of Land Act 1962 is attached to and forms part of the terms | |of this contract. | |IMPORTANT NOTICE TO PURCHASERS | |Cooling-off period Section 31 | |Sale of Land Act 1962 ...
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...history of my people date back a long time ago on this continent of North America. Native Americans of all tribes have been on this continent before the pilgrims landed at Plymouth Rock and before Christopher Columbus sailed the ocean blue in 1492. Native Americans lived, hunted, endure hardships of war, encountered foreign visitors and many other situations as they lived on this land. According to the book Through Indians Eyes (1995) the first people to migrate to North America arrived long before 4000 B.C. by crossing Beringia which is a land bridge that connected Siberia to Alaska (page 12-13). These people spread out all over the land. The people survived by hunting mammoths, mastodons and other large animals during that period of time. People stopped migrating here after the Ice Age ended and the bridge of the Beringia became flooded over by the rising sea. As time went by, these people started to become more advanced by having trade centers, development of weapons, and series of routes to trail on that connected to each other. This is how Native Americans came to be on this land. On this continent the people that migrated here spread out all over this land. As these spread out over this land many different bands of people formed. These bands of people were segregated amongst each other. Some of bands of people fought over certain areas of land. My tribe the Ojibwa settled in the area of the Great Lakes and Ohio Valley before 1612. The first recall of an encounter...
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...In this paper, I intend to explore the conflicts that arose between those of the aristocratic society, and those who composed the vast number of peasants before, as well as after the life and times of Solon, and the effect and solutions that Solon’s rule had concerning these conflicts. Such major conflicts between peasants and aristocrats include, [but are not limited to] land and slavery (Trumbach). Though, these laws will be explored further later on in this essay. The ruler, Solon imposed a number of laws in order to rectify the problems that were arising between aristocrats and peasants, as well as to mold Athenian society in a much more citizen-oriented way of living (Trumbach). Such laws included relieving the prior debts that peasants owed to the aristocrats, as well as outlawing the creation of debts slaves (Plutarch: Solon, 57). Again, such laws will be explained further along in this essay. This essay will consist of three sections. In the first section, this essay will attempt to explain the conflicts that arose between the aristocrats and the peasants on the basis of land and slavery. It will also attempt to describe how Solon’s laws impacted this conflict, as well as the situations that occurred before, and the situations that occurred after Solon. The second section of this essay will explore the conflicts that arose between aristocrats and peasants on the basis of political power, the views of both parties, as well as the reasoning both parties had...
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...Garber, the Doenz family fights the rules of adverse possession of the land acquired by the Garber family. Rules For this case, Wyoming Adverse Possession rule needs to be fully interpreted. Adverse possession is when a person wrongfully possesses someone else’s land if certain statutory requirements are made. If the elements of adverse possession are met, the adverse possessor acquires the title to the land. The possessor will be given a clear title as long as the statutory time period is met. In Wyoming all adverse possession rules must be met. Analysis Based on the evaluation of the facts, the Garber family has claimed this land by adverse possession. The Garber family acquired their 80 acres of land by warranty deed; this deed was recorded with the state. This land had been enclosed by a fence for more than 50 years. The Garber’s ownership of this property for more than 10 years establishes a statutorily prescribed period of time. The fence established an area that was used to graze cattle and produce hay. Therefore, the Garber family established actual and exclusive ownership of the property. The land was physically occupied and used by the Garber family. The use of this land was continuous and uninterrupted during the time before the Doenz family acquired the adjacent property. Although the Garber’s had not been paying taxes on the land they acquired, this does not void the claim on adversely possessed land. Therefore the Garber’s have acquired the title through the adverse...
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...Commonwealth Act No. 141 of 1936 AND AN ACT TO AMEND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN TITLE I TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS, AND CLASSIFICATION, DELIMITATION, AND SURVEY — THEREOF FOR CONCESSION CHAPTER I Short Title of the Act, Lands to Which it Applies, and Officers Charged With Its Execution SECTION 1. The short title of this Act shall be "The Public Land Act. SECTION 2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called "friar lands'' and those which, being privately owned, have reverted to or become the property of the Commonwealth of the Philippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted. SECTION 3. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate control. SECTION 4. Subject to said control, the Director of Lands shall have direct executive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to questions of fact shall be conclusive...
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...8—Delegation by the Authority. 9—Remuneration of members of the Board. 10— The Director General. 11—Organization of the Secretariat of the Authority. 12—Staff. 13—The common seal of the Authority. 14—Protection from personal liability. 15—Liability for damages. PART III—FINANCES OF THE AUTHORITY 16—Funds of the Authority. 17—Financial year. 18—Annual estimates. 19—Accounts and audit. 20—Investment of funds. 184 No. 13 Agriculture, Fisheries and Food Authority 2013 PART IV—POLICY GUIDELINES ON DEVELOPMENT, PRESERVATION AND UTILIZATION OF AGRICULTURAL LAND 21—Land development guidelines. 22—Rules on preservation, utilization and development of agricultural land. 23—Land preservation guidelines. PART V—PROVISIONS ON NOXIOUS OR INVASIVE WEEDS 24—Power to declare plant a noxious or invasive weed. 25—Duty to report. 26—Power of county government officer to enter land. 27—Order by county government to clear land. 28—Eradication of weed by county government. PART VI—RESPONSIBILITY OF COUNTY...
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...2. Development of Pure Land Buddhism The idea of Pure Land Buddhism was raised in China and then spread to other countries, such as Japan and East Asia. (Wallace 2002, 43) It became famous in these countries but there are variations between the ideas. Take Indian and China as examples, Indian think that there would be separate life after rebirth as their present life may be suffering and the life after death should be happy and not connected to the present life. On the other hand, Chinese take rebirth as the continuation of life before death, which the human relations in the present life are connected to the life in Pure Land. So they think that people should try their best to behave good because their merits would shift to ancestors and...
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...when comparing all five creation stories is the presents form of deity before the creation process started. First the Jewish creation story there was a god who created the heavens and the earth. Second the Lakota Sioux the gods resided in a celestial domain. Third the Australian Aboriginal, Baiame the god existed before creation. Fourth the Wakaranga African, god existed before creation. Fifth the Hopi, Hard-Being Women existed before the creation story started. There is no explanation for any of the deities in the creation stories they are just there. This...
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...The Rise of Indian Sovereignty Long before the United States of America ever came to be, this land was ruled by the original Native Americans. As settlers started to make their way to America, the Native Americans were greatly affected. Some of it was good; they learned new farming instruments to help grow certain food, and horses were reintroduced to the land which brought the Indians a form of transportation. But some of the changes came with problems. Though horses were a great benefit for the Indians, they brought over diseases that the Native Americans couldn’t handle. The new settlers also brought diseases such as chicken pox, measles, and small pox. Since the Indians didn’t have built up immunities against these viruses, it caused many deaths, especially small pox outbreaks. Between 1790 and 1871, the United States Senate had ratified a staggering 380 treaties with the Native Americans. Congress had entered into these treaties with the Indian Nations to acquire land which the U.S. would then sell-off to cover the countries overwhelming debts. Growing a new nation, even back in that time, was very costly. And the U.S. was not strong enough at that early stage to try and take Native American land by force. What the new government had to offer them, in return, was sovereignty and peace. In the 1820’s, the state of Georgia challenged the legal concept of sovereignty in the Supreme Court. Chief Justice John Marshall took effort to examine this idea of sovereignty...
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...Case Digest, How to Write by Diory Rabajante on Sunday, April 4, 2010 Under: tips A case digest or a case brief is a written summary of the case. A case sometimes involves several issues. Digesting the same would help the student in separating one issue from another and understanding how the Court resolved the issues in the case. The student does not need to discuss all the issues decided in the case in his case digest. He only needs to focus on the relevant issue or the issue related to the subject that he is taking. A case digest may also serve as a useful study aid for class discussions and exams. A student who has a case digest does not need to go back to the case in order to remember what he has read. Format of the Case Digest I. Caption. This includes the title of the case, the date it was decided, and citation. Include also the petitioner, respondent, and the ponente. II. Facts. There is no need to include all the facts. Just include those that are relevant to the subject. III. Issues. Include only those that are relevant. Issues are usually framed in the form of questions that are answerable by "yes" or "no," for example, "Is the contract void?" Sometimes, students frame the question by starting it with the word "whether," for example, "Whether the contract is void" or "Whether or not the contract is void." The answer to the question has to be answered in the ruling. IV. Ruling. This usually starts with a "yes" or a "no." This is the answer to the question/s...
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...Zealand society and the country today. Over 700 years ago, people for Eastern Polynesia and Hawaii settled the land of New Zealand, many of the same groups that settled centuries ago, are there today, this includes the Maori of New Zealand. (Walter, Smith, & Jacomb, p 2006). It is thought and taught throughout the lands that the Maori came by canoe from European countries. This is a great argument among scholars, is this true or was this a fabrication from ancestors long ago? Scholars have researched and have yet to prove or disprove the group coming to their new land by canoes. (Hanson, 1989) After their settlement in their new lands, seven centuries ago, the Maori began as a small community that had several different villages and communities that were made up of extended family members consisting of a few dozen or more people. This group of people were known as a sub-tribe or “hapu..” ( Walter, Smith, &Jacomb, 2006) The Maorian kinship and its numbers would often vary; this was due to their source of food. Members of the Maori began as hunters and gathers of the land, therefore the group would often have to move to follow the abundance of animals or vegetation. They were good at killing animals and collecting the vegetation that the land provided to them. As time went on, the Maori began to farm the land as horticulturalists. After farming the land, the kinships...
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