|Preparation of Social Impact Assessment study
(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:
(a) assessment as to whether the proposed acquisition serves public purpose.
(b) estimation of affected families and the number of families among them likely to be displaced.
(c) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition.
(d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent needed for the project.
(e) whether land acquisition at an alternate place has been considered and found not feasible.
(f) study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study.
|When the Government intends to acquire land for a
public purpose, they will consult with the concerned local self-government
in the affected area and will carry out a Social Impact Assessment study
with respect to S.4(4). This will be notified in the local language and
published in the affected areas.
While conducting the Social Impact Assessment Study, the on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds etc. must be considered.
A Social Impact Assessment plan should also be prepared.
|Public hearing for Social Impact Assessment
Publication of Social Impact Assessment study
|Government shall ensure that a public hearing is
held at the affected area, after giving adequate publicity about the date,
time and venue for the public hearing, to ascertain the views of the
affected families to be recorded and included in the Social Impact
The Social Impact Assessment study report and the Social Impact Management Plan are to be prepared and made available in the local language to the Local self-government and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil. It shall be published in the affected areas and uploaded on the website of the appropriate Government.
|Appraisal of Social Impact Assessment report by
an Expert Group.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:
(a) two non-official social scientists.
(b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be.
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government.
|The social impact assessment report must be
evaluated by a multi-disciplinary Expert group constituted as per S.7(2),
S.7(3) & S.7(4). This expert group opines that the project will serve a
public purpose and the potential benefits outweighs the social cost, it
shall publish its recommendations within two months as per S.7(5) & S.7(6)
The government must ensure that there is a legitimate public purpose, the potential benefits outweigh the social costs, only the minimum area for the purpose is acquired and ensure that there is no unutilised acquired land.
|Publication of preliminary notification
(1) (a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
|The government must publish notifications
regarding the acquisitions and a meeting must be arranged to inform about
the notification to the local authorities.
No transaction regarding the land specifies in the notification may be made after publication of the notification except the permission of the collector.
|Preliminary survey of land and power of
officers to carry out survey.
(1) (a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:
Hearing of objections
(1) (a) the area and suitability of land proposed to be acquired.
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
|The authorised officer can exercise his powers
under S.12(1) but in the presence of the owner or person appointed by the
owner of the land nor shall enter any building or upon any enclosed court or
garden attached to a dwelling-house without prior permission.
Any objections [S.15(1)] by the interested person must be made to the collector in writing and such person shall be a given an opportunity to be heard following to which a report is prepared. The decision is left to the appropriate government authorities.
|Preparation of Rehabilitation and Resettlement
Scheme by the Administrator
(1)(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
(2) (i) a list of Government buildings to be provided in the Resettlement Area;
(ii) details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area.
Review of the Rehabilitation and Resettlement Scheme
Approved Rehabilitation and Resettlement Scheme to be made public.
Publication of declaration and summary of Rehabilitation and Resettlement
(4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely: �
(a) in the Official Gazette.
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language.
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government.
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate, �
(a) the district or other territorial division in which the land is situated; 18
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be inspected without any cost.
|Administrator for Rehabilitation and Resettlement
shall conduct a survey and undertake a census of the affected families as
per S.16(1) and prepare a draft Rehabilitation and Resettlement Scheme as
The scheme must include a time limit for implementation and must be publicised in the concerned local government bodies and a meeting & public hearing must be made after notifying it with the relevant details.
The collector shall review the scheme and submit it to the Commissioner Rehabilitation and Resettlement along with suggestions.
The approved scheme must be made public through publications and websites of the concerned local self-governments.
The collector shall publish a summary of the scheme along with a declaration with the details mentioned in S.19(4) & S.19(5).
|Land to be marked out, measured and planned to include marking of specific areas|
|Notice to persons interested.
Enquiry and land acquisition award by Collector
|The collector shall publish a notice stating the
government's interest in acquiring the land and the compensation,
rehabilitations and resettlement offered to the interested persons.
The notice must include the particulars of land and a time and date for all the interested persons to meet the collector at the same time (between 30 days and 6 months after the publication of the notice).
The collector shall ensure that all the interested persons are notified.
On a day fixed by the collector, an enquiry on to the objections raised to the notice under S.21 of the Act.
|Powers to take possession of land to be acquired||The collector shall take possession of the land after ensuring full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons, as well as be responsible for his actions.|
|Determination of market value of
Land by collector
(1) (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher:
|The collector shall assess and
determine the market value of the land as per S.26(1).
In case the market value cannot be determined, the State government shall specify the floor price or minimum price per unit area. In this case, the collector shall take steps to revise and update the market value of the land on the prevalent market rate in that area.
|Determination of amount of
Parameters to be considered by Collector in determination of award.
Determination of value of things attached to land or building.
Additional compensation in case of multiple displacements.
Determination of award by authority
Particulars of apportionment to be specified
|After assessing the market value of
land, the collector shall calculate the total amount of compensation by
including all assets attached to the land.
The market value of the land, damages sustained by the interested parties at the time of acquisition(standing crops and trees, severance from other land), damages to the interested party's property on the land, the expense incurred in the change of residence or place of business as the case may be, the damage caused due to the diminution of the profits of the land due to the notification any other ground in the interest of equity, justice and beneficial to the affected parties must be considered in determining the amount of compensation.
The collector shall use the assistance of experienced and professionals in determining the value of the properties such as buildings, crops, trees etc.
The Collector shall, as far as possible, not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional compensation equivalent to that of the compensation determined under this Act for the second or successive displacements.
The concerned authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under S.11.
When several persons are interested and they agree in the apportionment of the compensation. The particulars of such apportionment must be specified in the award.
|Award of solatium
(2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
|After determining the total compensation to be paid, the collector arrives at the final award, 'solatium' adhering to S.30(2) and S.30(3) of the Act.|
|Awards of Collector when to be final||The collector can exercise his
powers under S.33, S.35 and S.36 and after having the final and conclusive
documents and agreement between the interested parties and file the awards
and issue notice.
These records will be summarised and be made open to the public.
|Re-determination of amount of
compensation on the basis of the award of the Authority
Appeal to High Court
|If the concerned Authority the
applicant any amount of compensation in excess of the amount awarded by the
Collector under S.23, the persons interested in all the other land covered
by the same preliminary notification under S.11, and who are also aggrieved
by the award of the Collector may, notwithstanding that they had not made an
application to the Collector, by written application to the Collector within
three months from the date of the award of the Authority concerned require
that the amount of compensation payable to them may be re-determined on the
basis of the amount of compensation awarded by the Authority.
The aggrieved party could file an appeal to the High Court if the award passed by the authority under S.69 is not satisfactory within 60 days from the date of the award.
|Payment of compensation or deposit of same in Authority||On making the award under S.30, the collector shall tender payment to the entitled persons and shall pay it to them by depositing the amount in their bank accounts|
|S.31||Rehabilitation and Resettlement Award for
affected families by Collector.
(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.
(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:
(a) rehabilitation and resettlement amount payable to the family;
(b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;
(c) particulars of house site and house to be allotted, in case of displaced families;
(d) particulars of land allotted to the displaced families;
(e) particulars of one time subsistence allowance and transportation allowance in case of displaced families;
(f) particulars of payment for cattle shed and petty shops;
(g) particulars of one-time amount to artisans and small traders;
(h) details of mandatory employment to be provided to the members of the affected families;
(i) particulars of any fishing rights that may be involved;
(j) particulars of annuity and other entitlements to be provided;
(k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided:
Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as not applicable:
|S.43||Appointment of Administrator:
The government shall appoint an administrator subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement regarding the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme.
|S.44||Commissioner for rehabilitation and
The state government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families. Commissioner shall be responsible for formulation of schemes and the post implementation of social audits
|S.45||Rehabilitation and resettlement committee at
The State government shall constitute a committee in the case of land acquisitions equal to or over 100 acres.
|S.48||National Monitoring Committee for
rehabilitation and resettlement:
The Central government may constitute a committee in the implementation or Nation or inter-state schemes.
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