Professional Documents
Culture Documents
CONTENTS
Page
Introduction
1
Sections
PART I
PRELIMINARY
1. Short title, extent, commencement and application 1
2. Definitions 1
3. Repeal and saving 5
4. Provisions of Act for involuntary acquisition done by State 5
5. Functions of State Rehabilitation Commission 5
6. Meeting and agreement of members of Gram Sabhas and Ward Sabhas 6
PART II
APPEALS
7. Appeal to Court 6
PART III
PROCESS OF LAND ACQUISITION AND REHABILITATION
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THE LAND ACQUISITION AND REHABILITATION OF PROJECT
AFFECTED PERSONS ACT, 2007
An Act to consolidate and amend law relating to Land Acquisition and Rehabilitation of
Project Affected Persons in India and for matters connected therewith or incidental
thereto.
PART I
PRELIMINARY
(1) This Act may be called The Land Acquisition and Rehabilitation of Project
Affected Persons Act, 2007.
(2) It extends to the whole of India.
(3) It shall come into force on ……day of………., 2007.
(4) “Gram Sabha” means a body consisting of all the persons registered in the
electoral rolls relating to a village comprised within the area of the Gram
Panchayat at the village level;
(5) “land” means benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
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(6) “Municipality” means the institution of self government in an urban or semi-
urban area;
(9) “persons entitled to act” means any person appointed by Project Affected
Persons to act on his/her behalf in the safeguard of his/her rights and
entitlements;
(12) “project” means any development project or any other initiative or activity
that entails the acquisition of land leading to displacement of people;
(13) “Project Affected Persons” means those people all of whose rights and
entitlements in a particular area will be affected partially or fully by the
implementation of a project and not just those whose land is proposed to be
acquired. Thus this expression will include separately persons of all ages,
castes, skills, physical and mental abilities, property classes and gender.
Consequently in addition to those in whose names land is actually recorded
with the government Project Affected Persons will include the wives,
unmarried son(s) and daughter(s) above eighteen years of age, married son(s)
and his/ their wife(s), married daughter(s) if they are residing and practicing
livelihood in the village, disabled, widows, divorcees, of the land owners,
landless people, tenants, sub-tenants, labourers, encroachers on government
land. It would also include women abandoned by their families and minor
children who have no family support;
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(14) “Project Implementer” means the entity that is proposing to set up a
development project that will necessitate land acquisition and rehabilitation
whether involuntary or non-coercive in nature;
(17) “public purpose” means one, which serves the people and will be used by
the public at large;
(18) “public utility” means a project or service that will be used by the public at
large;
(23) “Ward” means the area from which a member is elected to a municipality
in an urban or semi urban area;
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(24) “Ward Sabha” means a general body consisting of all the persons
registered in the electoral rolls relating to the area comprised within the Ward;
3. Repeal and saving. - This law shall prescribe the minimum legal entitlements of
Project Affected Persons and would override all laws, policies and administrative
instructions that give lesser entitlements than those prescribed under this law.
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(3) If the State Rehabilitation Commission finds the Preliminary Project
Report to be prima facie valid or if on appeal it is found to be valid by the
National Rehabilitation Commission or the Supreme Court, the State
Rehabilitation Commission will then direct the State Rehabilitation Authority to
initiate a process of public consultation regarding the various aspects of the
preliminary project report involving the Gram Sabhas or Ward Sabhas in the area
in which the project is to be implemented. For this purpose the preliminary project
report will be translated into the local language so that its contents can be
understood by the Project Affected Persons.
PART II
APPEALS
7. Appeal to Court.- Any party aggrieved with the Detailed Project Report and the
Rehabilitation and Resettlement Plan prepared may approach the State
Rehabilitation Commission first. Appeal against the order of State Rehabilitation
Commission shall lie before the National Rehabilitation Commission. Appeal
against the order of National Commission shall lie beforethe Supreme Court .
PART III.
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9. Process of land acquisition. – (1) The State Rehabilitation Authority in tandem
with the local revenue authorities will then initiate the process of land acquisition
and rehabilitation and resettlement of the Project Affected Persons.
(2) Individual notices must then be served on each of the Project Affected
Persons as identified in the Rehabilitation and Resettlement Plan.
(3) Identity cards will have to be issued to all bona fide Project Affected
Persons within three months of their identification to prevent the subsequent entry
of unauthorized persons to claim the benefits of the rehabilitation and resettlement
plan.
(5) The Project Implementer cannot go ahead with the project unless the funds
for a particular phase of the rehabilitation and resettlement plan have been
deposited with the State Rehabilitation Authority prior to the beginning of that
phase.
(7) In case a Project Affected Persons desires cash compensation then the
State Rehabilitation Authority will take appropriate steps to see that this cash
compensation is used for productive purposes and not frittered away in
consumption.
(9) Each affected Gram Sabha/Ward Sabha will elect a body to be called the
People's Rehabilitation Implementation and Monitoring Committee. At least half
the total number of People's Rehabilitation Implementation and Monitoring
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Committee members must be from the marginalised sections like women,
adivasis, dalits, landless workers, disabled etc in proportion to their population.
(14) If under this Act land has been acquired for a public purpose, but has not
been used for it, it should be first returned to the original owner or if that is not
possible then the land should be used for another pubic purpose and should not
under any circumstances be left for speculative development by the Project
Implementer.
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PART IV
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(7) The headquarters of the National Rehabilitation Commission shall be at
Delhi and the National Rehabilitation Commission may with the previous
approval of the Central Government establish offices at other places in India.
11. Term of office and condition of service. -(1) The National Rehabilitation
Commissioner shall hold office for a term of five years from the date on which he
enters upon his office and shall be eligible for reappointment,
Provided that no Chief National Rehabilitation Commissioner shall hold office as
such after he has attained the age of seventy years.
(2) Every Rehabilitation Commissioner shall hold office for a term of five
years from the date on which he enters upon his office or till he attains the age of
sixty five years, whichever is earlier and shall not be eligible for reappointment as
such provided that every Rehabilitation Commissioner shall on vacating his office
under this sub section be eligible for appointment as the Chief Rehabilitation
Commissioner in the manner specified.
(4) The salaries and allowances payable to and other terms and conditions of
service of the Chief Rehabilitation Commissioner shall be the same as that of the
Supreme Court Judge and the Rehabilitation Commissioners shall be the same as
that of Principal Secretary, Government of India.
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Provided further that if the Chief Rehabilitation Commissioner or a
Rehabilitation Commissioner if, at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a Corporation
established by or under any Central Act or State Act or a Government company
owned or controlled by the Central Government or the State Government, his
salary in respect of the service as the Chief Rehabilitation Commissioner or a
Rehabilitation Commissioner shall be reduced by the amount of pension
equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of
the Chief Rehabilitation Commissioner and the Rehabilitation Commissioners
shall not be varied to their disadvantage after their appointment.
(2) The President may suspend from office, and if deemed necessary prohibit
also from attending the office during inquiry, the Chief Rehabilitation
Commissioner or Rehabilitation Commissioner in respect of whom a reference
has been made to the Supreme Court under the provisions of this Act until the
President has passed orders on receipt of the report of the Supreme Court on such
reference
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(b) has been convicted of an offence which, in the opinion of the President,
involves moral turpitude, or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body, or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Rehabilitation Commissioner or a
Rehabilitation Commissioner.
PART V
(3) The State Chief Rehabilitation Commissioner and the State Rehabilitation
Commissioners shall be appointed by the Governor on the recommendation of a
committee consisting of—
(i) The Chief Minister, who shall be the Chairperson of the committee;
(ii) The Leader of Opposition in the Legislative Assembly; and
(iii) A Cabinet Minister to be nominated by the Chief Minister.
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recognised as such, the Leader of the single largest group in opposition of the
Government in the Legislative Assembly shall be deemed to be the Leader of
Opposition.
(5) The State Chief Rehabilitation Commissioner shall be a retired High Court
Judge and shall be assisted by the State Rehabilitation Commissioners who shall
be persons of eminence in public life with wide knowledge and experience in law,
science and technology, social service, management, journalism, mass media or
administration and governance with special expertise in various aspects of
rehabilitation and resettlement of project affected persons.
14. Terms of office and conditions of service.- (1) The State Chief Rehabilitation
Commissioner shall hold office for a term of five years from the date on which he
enters upon his office and shall not be eligible for reappointment:
(2) Every State Rehabilitation Commissioner shall hold office for a term of
five years from the date on which he enters upon his office or till he attains the
age of sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such State Rehabilitation Commissioner:
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Provided that every State Rehabilitation Commissioner shall, on vacating his
office under this sub-section, be eligible for appointment as the State Chief
Rehabilitation Commissioner in the manner specified in sub-section (3) of section
13:
(5) The salaries and allowances payable to and other terms and conditions of
service of—
(a) the State Chief Rehabilitation Commissioner shall be the same as that of a
High Court Judge;
(b) the State Rehabilitation Commissioner shall be the same as that of the
Chief Secretary to the State Government:
Provided that if the State Chief Rehabilitation Commissioner or a State
Rehabilitation Commissioner, at the time of his appointment is, in receipt of a
pension, other than a disability or wound pension, in respect of any previous
service under the Government of India or under the Government of a State, his
salary in respect of the service as the State Chief Rehabilitation Commissioner or
a State Rehabilitation Commissioner shall be reduced by the amount of that
pension including any portion of pension which was commuted and pension
equivalent of other forms of retirement benefits excluding pension equivalent of
retirement gratuity:
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Provided further that where the State Chief Rehabilitation Commissioner or a
State Rehabilitation Commissioner if, at the time of his appointment is, in receipt
of retirement benefits in respect of any previous service rendered in a Corporation
established by or under any Central Act or State Act or a Government company
owned or controlled by the Central Government or the State Government, his
salary in respect of the service as the State Chief Rehabilitation Commissioner or
the State Rehabilitation Commissioner shall be reduced by the amount of pension
equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of
the State Chief Rehabilitation Commissioner and the State Rehabilitation
Commissioners shall not be varied to their disadvantage after their appointment.
(6) The State Government shall provide the State Chief Rehabilitation
Commissioner and the State Rehabilitation Commissioners with such officers and
employees as may be necessary for the efficient performance of their functions
under this Act, and the salaries and allowances payable to and the terms and
conditions of service of the officers and other employees appointed for the
purpose of this Act shall be such as may be prescribed.
(2) The Governor may suspend from office, and if deem necessary prohibit
also from attending the office during inquiry, the State Chief Rehabilitation
Commissioner or a State Rehabilitation Commissioner in respect of whom a
reference has been made to the Supreme Court under sub-section (1) until the
Governor has passed orders on receipt of the report of the Supreme Court on such
reference.
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(b) has been convicted of an offence which, in the opinion of the Governor,
involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of
infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the State Chief Rehabilitation Commissioner or a
State Rehabilitation Commissioner.
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ii. Deprivation of economic, social and cultural opportunities, including but not
restircted to means of livelihood, due to stagnation of developmental activity
after project is proposed, loss of access clientele, loss of jobs due to physical
relocation, loss of gainful employment and loss of access to income
generating common property resources.
iii. Adverse impacts on both physical and mental health
iv. Loss of security especially for women, children and the aged
v. Loss due to suspension of developmental activity in affected areas after
project is proposed
vi. Loss due to decrease in property prices due to lack of saleability of
immovable property
vii. Loss of cultural heritage sites and monuments
viii. Loss of familiar social and geographical surroundings
ix. Loss of markets
x. Loss of social and political leadership
xi. Loss of communication and transport facilities
xii. Loss of access to government schemes and facilities
xiii. Impacts of alienation from kin and traditional communities and possible
conflicts with host communities.
xiv. Adverse impacts on quality of life due to pollution from project construction.
The Rehabilitation and Resettlement Plan for the Project Affected Persons must include
the following detailed provisions for their benefit -
1. Infrastructural Facilities
1. For en-masse resettlement of populations, the following infrastructural
facilities and basic minimum amenities are to be provided at the cost of
requisitioning authority to ensure that the resettled population in the new
village or colony can secure for themselves a reasonable standard of
community life and can attempt to minimise the trauma involved in
displacement. The new resettlement site must be reasonably habitable or
be made reasonably habitable, and the villages or colonies established in
new sites should be well planned in all aspects. A reasonably habitable
and planned settlement would have, as a minimum, the following facilities
and resources, as appropriate;
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2. Roads within the resettled villages and an all weather road link to the
nearest well constructed road, passages and easement rights for all the
resettled families be adequately arranged
3. Proper drainage as well as sanitation plans executed before physical
resettlement;
4. One or more assured sources of safe drinking water for each 25 families
settled in a pocket has to be ensured, capable of yielding enough water to
meet the demand of at least six litres per capita per day of safe drinking
water and 40 litres per capital per day of water for other purposes.
5. Drinking water for cattle through a pond/borewell/well with a trough;
6. Grazing land as per proportion acceptable in the state
7. Freehold rights for habitation plots and recognition as a revenue village or
a habitation with a panchayat/local self-government committee
8. Necessary plantation of inhabited areas must be taken up under social
forestry or agro-forestry schemes financed by various Ministries of the
Government and environmental aspects of the new rehabilitation site duly
taken care of;
9. A reasonable number of Fair Price shops must be set up;
10. Panchayat Ghars, as appropriate, must be established in each newly settled
village/basti;
11. Efforts must be taken to set up one Primary Agricultural Co-operative
Credit Society with facility for selling essential consumer articles in every
resettled village;
12. Village level Post Offices, as appropriate, with facilities for opening
saving accounts must be set up;
13. Appropriate seed-cum-fertilizer storages must be set up;
14. Efforts must be made to provide basic irrigation facilities to the
agricultural land allocated to the resettled families if not from the
irrigation project, then by developing a cooperative or under some
government scheme or special assistance;
15. Institutional arrangements for training under theTraining for Rural Youth
in Self Employment scheme, easy access to financial institutions for
availing of financial assistance under the Integrated Rural Development
Programme or any other government or bankable schemes;
16. Panchayati Raj Institutions must be immediately brought under operation
in the newly settled villages/colonies above (Institutions such as schools,
supplemental nutrition and health centers and community centers must be
controlled and managed through some local organization which either
already exists or is newly formed, like the gram sabha or gram panchayat,
or a mahila mandal);
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17. All resettlement families living below poverty line receiving land in the
resettled area for agricultural purpose shall also get free supply of seeds
and irrigation from any public source for cultivation of suitable crops free
o cost for the first year, and on loan basis for subsequent two years;
18. All new villages established for resettlement of the Project Affected
Persons shall be provided with suitable transport facility which must
include public transport facilities through local bus services with the
nearby growth centers; urban localities;
19. Burial and/or cremation ground, depending on the caste-communities at
the site and their practices;
20. Facilities for sanitation, including individual toiled points;
21. Individual single electric connections (or connection through non-
conventional sources of energy like solar energy), for each household and
for public lighting;
22. Child and mother supplemental nutritional services;
23. Pre school and primary school;
24. Sub health center within two kilometre range;
25. Primary Health Centre for each group of 20,000 populations.
26. Playground for children;
27. One community center for every 500 families;
28. Places of worship and chowpal/tree platform for every 50 families for
community assembly, of numbers and dismensions consonant with the
affected area;
29. Separate land must be earmarked for traditional tribal institutions;
30. Grazing ground and nistaar land for food and fodder, especially in the case
of biomass dependent communities;
31. The forest dweller families must be provided, where possible, with their
traditional rights on non-timber forest produce and common property
resources, if available close to the new place of settlement and, in case and
such family can continue their access or entry to such forest or common
property in the area close to the place of eviction, they must continue to
enjoy their earlier rights to the aforesaid sources of livelihood;
32. The beneficiaries of resettled area, irrespective of caste, creed, religion or
economic status, must be allowed to construct for themselves all other
facilities essential for community life by taking up suitable projects for
which finances are available from governmental scheme. In addition,
members of a resettled family may be encouraged to undertake suitable
self employment schemes for which finances are available under
government and/or any bankable scheme;
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33. Appropriate security arrangements must be provided for the settlement, if
needed.
2. Agricultural Land
1. Any displaced person/family engaged primarily in agricultural work, either as
worker, tenant or owner with or without legal little, subject to those declared
ineligible under the policy, must be allotted agricultural land of two standard hectares,
if he or she exercises such an option. The title rights will be non-alienable.
Explanation 1: One standard hectare shall mean one hectare of agricultural land
irrigated out of any public irrigation scheme, 1.25 hectare of agricultural land
irrigated/irrigable from any private source/private or personal irrigation project, 1.5
hectare of agricultural land if the land is non-irrigated and non-irrigable but duly
rainfed, 2 hectares if the land allotted is cultivable but non-irrigable plain land and 3
hectares if the land offered is wasteland, hilly land, forest land, dry land in arid zone
which require land development works for initiation of cultivation, but is capable of
being made cultivable.
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3. Agricultural land for rehabilitation must be allotted in the joint name of
husband and wife except in the case of single parent households, or unmarried adult
individuals.
6. Requiring agency to bear stamp duty and other fees: - The cost of
registration, stamp duty and other fees, if any, for providing legal documents on land
to the allottees shall be borne by the requiring agency.
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3. Employment Opportunities
1. At least one person from every project affected family will be given
employment by the project.
Explanation 1 -In the first place, all unskilled and semi-skilled direct employment
in the project must always go to a Project Affected Persons with a mandatory
preference, as long as any such positions are available for employment. Those with
appropriate qualifications must also be given first priority for skilled positions. A
priority list of eligible Project Affected Persons must be prepared and published along
with criterion and procedure for selection, and objections heard before these are
finalized by the State Rehabilitation Authority. The priority list must begin with
those who are most vulnerable - landless labourers and artisans who have lost their
livelihood. After that, landholders will be listed on a descending scale, with a lower
priority for those with larger holdings, In recruitment to regular jobs in the project
preference shall be given to those losing their source of livelihood, residents of the
zone, of the district and of the state in that order. Many projects, including public
sector units in the past, have attempted to evade this responsibility by giving even
many such on-going unskilled or semiskilled tasks (eg. Horticulture) to contractors,
which could adequately be implemented by Project Affected Persons. This must not
be permitted as long as there are any eligible Project Affected Persons.
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advance, and must be based upon prior studies of the existing skills, experience,
training, competence and aptitudes of the people likely to be affected so that they can
easily switch over or be absorbed in new employment. Even after displacement and
resettlement, there must be major efforts to run training programmes to provide
modern skills to the resettled people to ready them for their new employment. This
training programme is not meant merely for preparing for jobs or services, but also
for self-employment.
4. Allotment of Shares
1. Allotment of shares from the project will be made according to the
recommendations laid down by the Dilip Singh Bhuria headed Parliamentary
Committee Report which states that 50% of the shares of the mining and other
industries should go to the community and 10% to the people who are directly
affected and 10% to the workers.
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of around three years to enable the family to establish a new livelihood. This amount
will be placed in a bank account in fixed deposit in the joint name of male and female
heads of household. The interest may be freely used for consumption purposes, but
the capital can only used for purchase of productive assets or in other ways connected
with the establishment of secure livelihoods. This will be ensured by the Collector, or
any officer nominated for the purpose by the Collector, who would be a joint
signatory (along with male and female heads of families) of the account.
6. Homesteads
1. All displaced families from the rural as well urban communities shall be
provided with the following benefits of resettlement and rehabilitation packages;
3. Allotment of homestead land in rural area: - All displaced families from the
rural area, shall be settled in areas selected by the Project Affected Persons from
among a range of real choices (at least three), including sites as close as possible to
the place of displacement, as well as sites as close as possible to new livelihoods such
as the command area or new factory and the new township. If such families are
settled in the rural areas, they shall be allotted a homestead land, which must not be
less than the homestead land acquired, submerged or otherwise lost on account of the
project, subject to a minimum of 150 square meters;
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rooms or make necessary extension of the constructed houses out of the funds
received as compensation as well as by using building materials allowed to be
transported at the cost provided by the requiring agencies;
8. Independent plot for every adult of the family and preferably readymade
constructed houses should be avoided;
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houses, if such houses are constructed in the rural areas. As far as possible, cash
payment must be avoided, and substituted by provision of materials/supplies through
contracted sellers. For construction of houses in the urban areas, the amount to be
paid as construction grant shall be 50 per cent more than what is allocable for
construction of houses in the rural areas in the same tehsil. An option is to provide
the replacement value of the house acquired;
7. Self-employed Persons
1. For all self- employed persons in the project-affected areas who can transfer
their self- employment to the new area, all the incentive schemes, subsidies, material
and financial assistance on the basis of priority, would be made available so as to
enable them to resettle in the new area. It is recognized here that some small
agriculturists or landless workers are also self-employed, therefore for purposes of
this section, only those persons will be regarded as self-employed who derive more
than 66 per cent of their family income from this source. Also in order to exclude
large traders who would not require special consideration and assistance, the
assistance mentioned in this section would not be available to self-employed persons
with an capitalized value of trade and business which is 25 lack rupees or more at
1998 prices. In the cases o self-employed persons who cannot or do not wish to
transfer their self-employment to the new area, they would be provided with
opportunities for similar or alternative self-employment in the area, and with similar
facilities in the form of incentives, subsidies, material and financial assistance.
District Panchayats and other state agencies must be given additional grants for
various relevant schemes, so that they do not have to eat into the rightful quota of the
host communities and conflict is avoided. If it is not possible to do so, they must be
paid compensation on the basis of the capitalized value of their trade or business.
This will be calculated by the State Rehabilitation Authority on the basis of a
speaking order which would be appealable. They must also be provided with jobs, as
indicated below, subject to the willingness of the Project Affected Persons.
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her shop or run it through paid employees, an equitable Resettlement and
Rehabilitation Policy which centers around restoring livelihoods would give separate
allotments of shops in the new township to the former shop owner and
tenant/employee. This will also be applicable to urban areas.
10. Tribals
3. Efforts must be made to ensure that all tribal families of the ousted villages are
resettled together in a particular area, to the extent possible. The minimum unit for
relocation must be a hamlet or a clan. In no case must such tribal families be so
segregated in providing settlement with house-sites, that they lose the contact within
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their linguistic group and ethnic group, unless any of such family had expressed its
willingness/no objection in writing, to such segregated rehabilitation. For settlement
of tribal families in a new locality, common property land for religious and
community gathering must be allotted free of cost.
4. Prior to the acquisition of land for any project in any tribal area, all land rights
due but not settled will be settled through a special drive ending before land
acquisition commences. An inquiry must be made by the competent revenue
authorities in collaboration with reputed voluntary organizations to determine
whether any tribal lands have been transferred in violation of the law on the subject.
Urgent measures must be taken to cancel such transfers and restore the right and title
of the tribals on their alienated land, before acquisition proceedings are started, so
that the tribal families are not deprived of their legal rights and benefits of allotment
of fresh land.
5. Measures must also be taken to record the rights of tribals in land allotted to
them. All forest-land under occupation of the tribal families before 13th December
2005 shall be deemed for purposes of compensation and rehabilitation and
resettlement to have been allotted or owned by the concerned tribal families, and
while dispossessing from such land such families shall be treated as per with land-
owners with legal title (with joint ownership of husband and wife.) This will ensure
that the compensation and rehabilitation package is made available also to such tribals
who occupied forest-land in the past, but were unable to secure legal rights.
6. The displaced tribal families shall also be compensated for loss of their
customary rights/usage on forest produce, fish in case the new site does not provide
for such gathering of such forest produces. Such compensation must be calculated at
10 times the minimum wages which a tribal would have earned at the rates fixed by
the respective State Government during one single working season of 45 days, i.e.
equivalent to 450 days minimum agricultural wages, in addition to normal packages
like one-time rehabilitation grant for loss of livelihood. This must however be treated
only as an interim measure. Project and state government authorities must ensure
within 5 years of the displacement, the development of alternate fuel, fodder and Non
Timber Forest resources on non forest-land sufficient to meet the needs of the
relocated tribal community.
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several cases in stark destitution. These disempowered people, pauperized by the
development process itself, must be provided even belatedly with rehabilitation
benefits to enable them to regain and if possible improve upon their existing
livelihoods. This must be in the nature of a national commitment.
2. The State Rehabilitation Authority will be responsible for tracing and enumeration
of the people displaced and affected by all projects since Independence within a
particular state which have been executed or are under execution prior to the coming
into force of this Act. The State Rehabilitation Authority with the assistance of
reputed academic institutions and Non Government Organizations will undertake this
exercise, especially an assessment of their shelter and livelihood needs. It is
recognized that especially for older projects, the tracing of displaced persons can be a
highly daunting task, but it must be pursued with commitment and will to the extent
feasible. The central government, on the basis of such studies, would assist the state
governments through the State Rehabilitation Authority s to enable the older Project
Affected Persons to satisfy their needs, mainly through special allotments under
existing governmental programmes: for provision of houseplots and title deeds,
construction or repair of house through Indira Awas Yogna and a National Slum
Development Programme, acquiring employable skills and initiation of self-
employment activities through Training of Rural Youth in Self Employment,
Integrated Rural Development Programme, Pradhan Mantri Swarozgar Yojana,
Swarn Jayanti Shahri Rozgar Yojana, and other schemes. The displaced/affected
women could be facilitated to enhance their income earning potential through
resources from programmes like Development of Women and Children in Rural
Areas and financial institutions. Such assistance must be based on special additional
allocations, and should not be at the expense of the share of the host community.
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THE FOURTH SCHEDULE
2. Assess each project that involves displacement to ensure it adopts the least
displacing alternative;
3. Ascertain that the rehabilitation plan is capable of being implemented, for e.g.,
by verification that, where the principle of allocation of land for land as rehabilitation
is recommended, land for such rehabilitation is available.
4. The Rehabilitation Commissions shall on the basis of the above criteria and the
principles set out in Schedules I to III above -
1. give clearance
2. give conditonal clearance, or
3. refuse clearance to the project for reasons given in writing.
6. The Rehabilitation Commissions may act suo motu or on the complaint of any
person displaced by the project, people's movements or collectives of persons
working with the displaced, or Non Government Organizations.
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8. The Rehabilitation Commissions shall monitor that those falling within the
zone of displacement are given information at all stages of the project, are consulted,
and their concurrence taken in the formulation of the detailed rehabilitation plan in
accordance with the provisions of this Act.
10. A clearance, or conditional clearance, will be valid for a period of one year, or
a shorter period where the Rehabilitation Commissions so order and the
Rehabilitation Commissions shall review the clearance or conditional clearance on
the basis of the reports submitted by the People's Rehabilitation and Implementation
Monitoring Committees before deciding about the continuance of the clearance. The
process of renewal of clearance is thus contingent on the reports regarding the
implementation of the rehabilitation package submitted by the People's Rehabilitation
and Implementation Monitoring Committees.
11. Where the Project Implementing Agency or the State Rehabilitation Authority
or both default in the implementation of the Rehabilitation Plan and displacement
occurs without resettlement and rehabilitation, the Rehabilitation Commissions may
take penal action against the offenders.
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