The Land Acquisition Act 2013, Part-4

Act: RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

(also known as The Land Acquisition Act 2013)

[Part 4 (of 6): This page covers from “Section 16″ to “Section 20″]

[Original Act of Land Acquisition Act 2013]

[To see the Main page of this Act, click here]

[To see Section 1 to Section 3 of this Act (Part 1), click here]

[To see Section 4 to Section 10 of this Act (Part 2), click here]

[To see Section 11 to Section 15 of this Act (Part 3), click here]

[To see Section 15 to Section 20 of this Act (Part 4), click here]

[To see Section 21 to Section 30 of this Act (Part 5), click here]

[To see Section 31 to Section 42 of this Act (Part 6), click here]

 

Section 16 – Preparation of Rehabilitation and Resettlement Scheme by the Administrator

(1) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include–
(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) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved–
(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.
(3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme;
(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities.
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area:
Provided that in case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).
(6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector.

Section 17 – Review of the Rehabilitation and Resettlement Scheme

(1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45;
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.

Section 18 – Approved Rehabilitation and Resettlement Scheme to be made public

The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.

Section 19 – Publication of declaration and summary of Rehabilitation and Resettlement

(1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the \”resettlement area\” for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1):
Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration:
Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land:
Provided also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified.
(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;
(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.
(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and. after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded:
Provided further that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.

Section 20 – Land to be marked out, measured and planned including marking of specific areas

The Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.

Leave a Reply

Your email address will not be published. Required fields are marked *