Villagers as Partners: A Humane Alternative to Acquisition

VILLAGERS AS 'PARTNERS': A HUMANE ALTERNATIVE TO ‘ACQUISITION’

(FORCIBLE DISPOSSESSION) AND DISPLACEMENT OF VILLAGER’S FROM THEIR LANDS 

Instead of acquiring Lands of affected Villagers, these Villagers themselves will be made ‘Bhagidars’ (Partners) by converting their Land-Value into ‘Monetary Shares’ in a legally incorporated Company or a registered Cooperative (as appropriate) -- thus, they shall continue to have ‘malikana-haq’ (ownership rights) over the assessed nett value of their lands. This assessment will be based on the value of the agricultural produce obtained from the acquired piece of land during the last twenty-five years (in case of a residence, the market-value of residential land in that village or in adjoining villages) minus the cost of all inputs (including the monetary value of labour put in by Members of the land-owning Family, itself).

In addition, the villager shall be assured a minimum annual ROI (return on investment) which is, at least, equal to the aforesaid Nett Value divided by 25 -- for purposes of Taxation, this income shall continue to be treated as ‘agricultural income’ and, thus, exempted from Income-Tax.

In addition, in the case of acquisition of residential property, the villager shall have the option either to accept the above settlement or, in the alternative, receive allotment of a pre-defined ‘Model House’ [which must be built, within 3 months of the villager’s displacement, by the Panchayat/ Block Development Officer under the NAREGA (Mahatma Gandhi National Rural Employment Guarantee Act) scheme] -- the plinth area and architectural design for such houses shall be pre-decided by the Panchayat or Block Development Officer (BDO) for 3-4 Categories of persons displaced (depending upon the size, construction-material and fittings of the house that was acquired). Preferably, all these actions should be planned with the help of PERT-Chart in such a way  that the said ‘Options’ are taken before-hand, and the affected Villager is given the house on the same very day on which he hands over his/ her acquired-house to the Panchayat/ BDO.

More so, these Shares must be ‘transferable’ within the ‘natural’ Family (spouse, children & parents) of the person to whom the same were allotted by the State (Government) or Panchayat/ BDO -- by a simple legal Deed called ‘Family Settlement’ which does not require payment of any Stamp-Duty etc. However, to check mal-practices, every such Deed must be registered under the Registration Act, on payment of a flat and nominal Registration-Fees of Rs.100.00; in addition, the Deed must have a Genealogy-Chart showing all the Members of that particular Family-Unit (whether or not they are beneficiaries under this Deed). More so, non-inclusion of any bona fide Family-Member in this Chart, shall amount to ‘fraud’ in Law -- with all its legal consequences (e.g. the Deed shall become ‘void’ ab initio).

Photographs of all persons mentioned in the aforesaid Chart, must also be affixed to the said Deed, and the existing legal Owner of these Shares as well as all the beneficiaries under the aforesaid Deed, shall sign this Deed before the Registration Authority -- preferably, it should also be signed by all other Members in the said Chart so that they are precluded from raising any objection to this Deed, in future.It shall, however, be the personal responsibility of Registration Authority to ensure that interests of minors (such Members of this Family as are below 18 years of age) are fully safeguarded.  Besides, every Member shall be identified to the Registration Authority by at least two ‘independent’ Witnesses who shall also sign (to this effect) on this Deed, in the presence of the said Authority.

These Shares may be transferred to those who were not the original beneficiaries but are Members of the same Family, or be taken back by the State -- under Court Orders (e.g. on Ownership disputes, or in case of Fraud etc) after giving a reasonable opportunity to the affected Share-holder(s) and also to the concerned Panchayat/ BDO, to be heard. In exceptional cases [to be defined by Rules made by the State in consultation with an Apex representative body, at the National level, of all Panchayats and Gram-Sabhas (Village Councils)] and with the prior written permission of Panchayat/ BDO, these Shares may also be allowed to be transferred to 3rd Parties, by the Share-holders themselves.

These Shares shall also be acceptable as Security for drawing loans from the Banks.

With regard to small and uneconomical land-holdings, the Villager may be given a choice to sell his/ her land to the aforesaid Company/ Cooperative.

The interests of ‘ryots’ who had been tilling the acquired land for 3 years immediately preceding the aforesaid acquisition etc, must also be safeguarded by way of affording them an opportunity for alternative gainful employment in occupations that will be generated in the Urban Village -- if so required, they shall be given a short-duration training in new skills (free of cost) by the State before the concerned land is acquired (a PERT-Chart will facilitate proper planning of all these activities and their sequential implementation).

Advantages to the Villagers:

i) freedom from frequent floods and the consequent loss of lives, homes, hearths, assets and income;

ii) freedom from temporary displacement from one’s house during floods caused by heavy rains;

iii) assured income per annum that is no longer dependent upon the vagaries of monsoon -- moreso, it comes without expending any physical effort on the part of the Villager in a Farm/ Field;

iv) more and better local jobs that will be created under this Project -- leading to reduction in mass-migration to far-flung urban areas and, thereby, lessening the pressure upon means of long-distance transportation;

v) savings in the funds allotted for NAREGA -- except in initial stages when construction of houses, reservoirs, dams etc (supra) will be undertaken and completed in a planned and well-coordinated manner;

vi) the Villager is free to work for gain in any project, scheme or industry for which his newly acquired skills, education and health (physical, mental & emotional) are found suitable -- but without reducing the aforesaid ROI;

vii) better educational, health, recreational and communication facilities at a lower cost -- these will be an integral part of the Project and shall be sustainable with funds generated from these facilities themselves;

viii) better and cheaper infrastructural facilities, viz. roads, transportation, marketing (including e-Commerce), telecommunications, email, e-Governance, and free access to Archived Digital Data on agricultural methods/ inputs/ costs, quality of local soil, land-use, weather conditions, prevailing prices for marketable agricultural and other products produced in the Urban Village, online refresher courses and adult-education, online presentations on health & hygiene, disaster-management, etc;

ix) planned, integrated and synergistic use of NAREGA-funds and the discretionary ‘developmental Grants’ available with Members of Parliament and State Legislatures (MPs & MLAs) towards overall development of ‘The Urban Village’, especially on such projects as are related to ‘Free IT-Access to Rural Masses’;

x) inclusive development, and higher Quality of Life for the Villager -- leading to a shift of elderly and retired persons from Cities/ Townships to The Urban Village; thereby, reducing pressure on urban-housing.

Growth of Peoples' Wealth through Peoples' Companies

Peoples’ collective wealth must be utilised for the Peoples’ Companies and Peoples' Trusts, instead of being invested in the so-called ‘public’ companies that cater to private (not public) interests or in the so-called 'Charitable Trusts' that are a mere facade to self-serving groups (e.g. educational Institutes run by some such Trusts for the grant of MBA/ LLB degrees). On the other hand, Peoples' Companies will, although professionally managed through qualified 'hired Managers', will serve the interests of the Community -- emphasising continual improvement in Quality and Service, while lowering commodity prices; moreso, these Companies will also treat fairly their Human Resources. And the chances of liquidation of such companies will also be minimal.

Instead of 'Tax-Free Industrial Zones' concept, a new experiment in simplified and integrated Taxation, Industrial, Company, HR-Training and Law & Order 'Statutes-cum-Systems' ought to be undertaken.     .

Regards,

Prof (Wg Cdr) Gulshan Kumar Bajwa

1971-War Veteran

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