Haryana
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Rules, 2017
[19th July, 2017]
Published vide Notification No. S.O. - 52/C.A. 30/2013/S.109/2017, dated
19.7.2017
No. S.O. - 52/C.A. 30/2013/S.109/2017. - In exercise of the powers
conferred by section 109 read with section 112 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Central Act 30 of 2013), the Governor of Haryana hereby
publishes the following rules for the information of persons likely to be
affected thereby. Notice is hereby given that the draft of the rules shall be
taken into consideration by the Government after the expiry of period of thirty
days from the date of publication of this notification in the Official
Gazette together with objections or suggestions, if any, which may be
received by the Administrative Secretary to Government, Haryana, Revenue and
Disaster Management Department, New Haryana Civil Secretariat, Sector 17,
Chandigarh, from any person with respect to the draft of the rules before the
expiry of the period so specified.
CHAPTER ? 1 General
Rule - 1. Short title extent and commencement.
(1)
These
rules may be called the Haryana Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Rules, 2017.
(2)
They
shall extend to the whole of the State of Haryana.
(3)
They
shall come into force from the date of their publication in the Official
Gazette.
Rule - 2. Definitions.
(1)
In
these rules, unless the context otherwise requires,
(a)
"Aadhaar
authentication service" means electronic authentication carried out
by Unique Identification Authority of India (UIDAI), or agencies appointed by
it, after matching the biometric information of an individual at his request or
with his consent, with the information maintained by UIDAI in its own central
servers, and includes a "Yes/No' response, or a response containing the
demographic information and photograph of that individual;
(b)
"Aadhaar
number" means a twelve digit unique identification number generated
and issued to an individual by the Unique Identification Authority of India
after de-duplication of demographic and biometric information pertaining to
that individual;
(c)
"Act" means
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013);
(d)
"Competent
Authority" means the Additional Chief Secretary to Government of
Haryana, Revenue and Disaster Management Department;
(e)
"District
Collector" means the Collector of the District or any other officer
notified by the Government to perform the functions of District Collector;
(f)
"Expert
Group" means the expert group constituted under sub-section (1) of
section 7;
(g)
"Form" means
the Form appended to these rules;
(h)
"Government" means
the Government of the State of Haryana in the Administrative Department
concerned with the acquisition of land for the Requiring Body;
(i)
"published" means
published,
(i)
in the Official Gazette;
(ii)
in two daily newspapers
having circulation in the area under acquisition, at least one of which shall
be in local vernacular;
(iii)
by affixing the
notification at conspicuous places in the affected areas in the Panchayat Ghar,
Chaupals, Patwar Ghar, Dharamshalas, Community Center, the office of
Municipality, Municipal Corporation, District Collector, Sub Divisional Officer
(C) and the Tehsil, as the case may be. If the land is acquired on behalf of
Haryana Urban Development Authority or any such other authority then the
notification shall be affixed in their offices also;
(iv)
a proclamation shall be
made by beat of drum followed by announcement to inform the general public; and
(v)
to be uploaded on the
website of the Government:
Provided that the date of last publication by any of the mode as
mentioned above, shall be considered for calculation of limitation, if any.
(j)
"section" means
section of the Act.
(k)
"Social Impact
Assessment" means the assessment made under section 4;
(l)
"Social Impact
Management Plan" means a plan prepared as part of Social Impact
Assessment process under sub-section (6) of section 4;
(m)
"Social Impact
Assessment Unit" means a society, Corporation or any other body
constituted by the Competent Authority or a unit accredited by the Government
which is authorized to conduct Social Impact Assessment Study about any
proposed acquisition;
(2)
words
and expressions used but not defined in these rules and defined in the Act,
shall have the same meanings respectively assigned to them in the Act.
CHAPTER ? II Request
for Land Acquisition
Rule - 3. Requisition for acquisition of land. [Section 4].
(1)
Any
requiring body or its representative duly authorized by it shall file the
requisition to the concerned District Collector in Form - I alongwith the
following documents, namely.
(i)
detailed project report;
(ii)
three copies of Record
of Rights and revenue maps of the affected areas;
(iii)
information as available
about the classification of land i.e., irrigated multi-cropped, single cropped,
wasteland, etc;
(iv)
any other information
required by the District Collector.
(2)
Where
the Requiring Body is the Government, the request shall be filed by the
Secretary of the concerned Department or a person authorised by him.
Rule - 4. Action by Director Collector on receiving requisition. [Section 4].
(1)
The
District Collector, on receiving the requisition under sub-rule (1) of rule 3,
shall constitute a committee consisting of officers from all the concerned
departments involved, as he may deem necessary, to make a field visit along
with the representatives of the Requiring Body to make a preliminary enquiry
regarding -
(i)
correctness of the
particulars furnished in the request under sub-rule (1) of rule 3;
(ii)
bare minimum land
required for the project;
(iii)
whether the request is
consistent with the provisions of the Act, and
submit a report to the District Collector.
(2)
The
report of the committee referred to in sub-rule (1) shall include its opinion
on the following issues, namely.
(i)
that the proposed
acquisition of land serves public purpose;
(ii)
that the extent of land
proposed for acquisition is the absolute bare-minimum needed for the project;
(iii)
that the acquisition of
land at an alternate place has been considered and found not feasible;
(iv)
that there is no
unutilised land suitable for the project which has been previously acquired in
the area;
(v)
that the land, if any,
acquired earlier and remained unutilised, may be used for such public purpose;
and
(3)
If the
District Collector, on the basis of the report of the committee referred to in
sub-rule (2), other information available with him and instructions issued by
the Government in this regard, is satisfied that the requisition is consistent
with the provisions of the Act, shall submit a report to the Government.
CHAPTER ? III Social
Impact Assessment
Rule - 5. Social Impact Assessment study. [sections 4,5,6].
(1)
The
Government after being satisfied with the report of the District Collector
shall, publish a notification for initiating consultation with concerned local
authority, in the affected area and for carrying out Social Impact Assessment
study in accordance with Part-A of Form-II of these rules:
Provided that such notification shall be published within thirty days of
the deposit of the processing fee for carrying Social Impact Assessment by the
Requiring Body, as determined under rule 7.
(2)
The
Social Impact Assessment shall be conducted in consultation with concerned
local authority at village level or ward level in the affected areas, for the
purposes of section 4, followed by a public hearing in the affected areas by
giving adequate publicity about the date, time and venue for the public
hearing, to ascertain the views of the affected families, which shall be duly
recorded.
(3)
The
Social Impact Assessment Report shall be submitted in FORM-III to the
Government within a period of six months from the date of its commencement and
shall include the recorded views of the affected families.
(4)
The
Social Impact Management Plan listing the ameliorative measures required to be
undertaken for addressing the impact of the project under sub-section (6) of
section 4 shall also be submitted in Form-IV along with the Social
Impact Assessment Report.
(5)
The
Social Impact Assessment Report and the Social Impact Management Plan shall be
published.
Rule - 6. Institutional support and facilitation for Social Impact Assessment. [section 4].
(1)
The
Social Impact Assessment Unit shall undertake the following tasks, namely.
(a)
build and continuously
expand a Database of Qualified Social Impact Assessment Resource Partners and
Practitioners, which shall serve as a network of individuals and institutions
with the required skills and capacities to conduct Social Impact Assessments
for land acquisition and Rehabilitation and Resettlement;
(b)
respond immediately to
the Government's request for a Social Impact Assessment to be conducted by
preparing a project-specific terms of reference;
(c)
conduct training and
capacity building programmes for the Social Impact Assessment team and
community surveyors and make available manuals, tools, comparative case study
reports and other materials required for the analysis;
(d)
provide ongoing support
and corrective action, as required during the Social Impact Assessment process;
(e)
ensure that the
transaction based web-based workflow for Social Impact Assessments and
Management Information System for land acquisition and rehabilitation and
resettlement as specified in rule 22 is maintained and that all relevant
documents are disclosed as per the provisions of the Act;
(f)
maintain, catalogue of
all Social Impact Assessments and associated primary material; and
(g)
continuously review,
evaluate and strengthen the quality of Social Impact Assessments and the
capacities available to conduct them.
Rule - 7. Project-specific Terms of Reference and Processing Fee for the Social Impact Assessment. [section 4(5)].
(1)
Where
the Government intends to acquire land, the proposal for such land acquisition
shall be sent alongwith all the documents to the Social Impact Assessment Unit,
which shall,
(a)
prepare a detailed
project-specific terms of reference for each proposal of land acquisition,
listing all the activities that shall be carried out indicating the appropriate
team size (and number of field teams) and profile of the team members, and
stipulate the schedule and deadlines for key deliverables for the Social Impact
Assessment as detailed in Part-B of Form-II to these rules;
(b)
determine an estimated
Social Impact Assessment fee based on the terms of reference with clear
break-up of costs for each item or activity. The fee amount shall be based on
the parameters defined by the Government including area, type of project and
number of affected families.
(2)
Ten
percent of the Social Impact Assessment fee shall be allocated to Social Impact
Assessment Unit as administrative expenses for preparing the terms of
references, Social Impact Assessment report and Social Impact Management Plan
and submitting the same to the Government.
(3)
The
Requiring Body shall deposit in advance the Social Impact Assessment fee in the
Scheduled Bank account of the concerned Social Impact Assessment Unit for the
purpose.
Rule - 8. Selection of the Social Impact Assessment team. [section 4].
(1)
The
Social Impact Assessment Unit shall be responsible for selecting the Social
Impact Assessment team for each project from the individuals and institutions
registered or empanelled in the Database of Qualified Social Impact Assessment
Resource Partners and Practitioners.
(2)
The
Requiring Body shall not be involved in any way in the appointment of the
Social Impact Assessment team being appointed to carry out the Social Impact
Assessment.
(3)
The
size and selection criteria for the Social Impact Assessment team shall be as
per the project specific terms of reference developed by the Social Impact
Assessment Unit.
(4)
The
Social Impact Assessment team may be constituted by appointing individuals or
an organization with experience in conducting Social Impact Assessments or
related field-based assessments and the team may include,
(a)
a combination of independent
practitioners, qualified social activists, academicians, technical experts, who
are not directly connected with the Requiring Body; and
(b)
at least one-woman
member.
(5)
A team
leader shall be appointed from amongst the members of the Social Impact Assessment
team to liaison with the Social Impact Assessment Unit throughout the
assessment period.
(6)
While
selecting the Social Impact Assessment team, it is to be ensured that there is
no conflict of interest involving the team members appointed to assess the
concerned project.
(7)
All the
members of Social Impact Assessment team shall give an undertaking by way of an
affidavit mentioning that neither he nor any of his blood relations shall
directly or indirectly receive any benefit from the Requiring Body or any other
stakeholder in the project.
(8)
If at
any stage, it is found that any team member or any family member of the team
member directly or indirectly receives any benefit from the Requiring Body or
any other stakeholder in the project, the said member shall be disqualified,
besides any other action against him which may be decided by the competent
authority and shall not be included in any other Social Impact Assessment.
Rule - 9. Process of conducting Social Impact Assessment. [section 4].
(1)
The
Social Impact Assessment team shall collect and analyze a range of quantitative
and qualitative data, undertake detailed site visits, use participatory methods
such as focused group discussions, participatory rural or urban appraisal
techniques, as the case may be, and informant interviews in preparing the
Social Impact Assessment report.
(2)
All
relevant project reports and feasibility studies shall be made available to the
Social Impact Assessment team throughout the Social Impact Assessment process,
as required. Any request for information from Social Impact Assessment team
shall be met at the earliest but not exceeding ten days. The District Collector
shall be responsible to provide the information requisitioned by the Social
Impact Assessment team.
(3)
A detailed
assessment based on a thorough analysis of all relevant land records and data,
field verification, review and comparison with similar projects shall be
conducted by the Social Impact Assessment team. The assessment shall in
addition to the matters provided under sub-section (4) of section 4, determine
the following, namely.
(a)
area of impact under the
proposed project, including both land to be acquired and areas that shall be
affected by environmental, social or other impacts of the project;
(b)
quantity and location of
land proposed to be acquired for the project;
(c)
whether, the land
proposed for acquisition in Scheduled Area is a demonstrable last resort;
(d)
land, if any, already
purchased, alienated, leased or acquired, and the intended use for every portion
of land required for the project;
(e)
the possibility of use
of any public, unutilized land for the project and whether any such land is
under occupation;
(f)
nature of the land,
present use and classification of land and if it is an agricultural land, the
irrigation coverage for the said land and the cropping pattern;
(g)
whether the special
provisions with respect to food security have been adhered to in the proposed
land acquisition;
(h)
size of holdings,
ownership patterns, land distribution, number of residential houses, and public
and private infrastructure and assets; and
(i)
land prices and recent
changes in matters of ownership, transfer and use of lands over the last three
years.
(4)
Based
on the land assessment, land records and field verification, the Social Impact
Assessment team shall provide an accurate estimate of the number of affected
families and the number of displaced families among them and ensure that as far
as possible all affected families are enumerated:
Provided that where enumeration is not possible, a representative sample
shall be done by the Social Impact Assessment Unit.
(5)
A
socio-economic and cultural profile of the affected area shall be prepared,
based on available data and statistics, field visits and consultations as
per Form - III.
Provided that in projects where resettlement is required, the identified
resettlement sites shall be visited and a brief socio-economic profile of the
land and its current resident population shall be indicated.
(6)
Based
on the data collected in processes listed above and in consultation with the
affected communities and key stakeholders, the Social Impact Assessment unit
shall identify and assess the nature, extent and intensity of the positive and
negative social impacts associated with the proposed project and land
acquisition as per Form - III.
(7)
(i) The
Social Impact Assessment process includes preparation of a Social Impact
Management Plan, which shall present the ameliorative measures to be undertaken
to address the social impacts identified in the course of the assessment.
(ii)
The Social Impact Assessment team must assess the viability of impact
mitigation and management strategies with clear indication of costs, timelines
and capacities.
(iii)
The Social Impact Management Plan shall include the following measures, namely.
(a)
that have been specified
in the terms of rehabilitation and resettlement and compensation for all the
categories of affected families, as outlined in the Act;
(b)
that the Requiring Body
has stated that it shall undertake in the project proposal and other relevant
project documents; and
(c)
the additional measures
being undertaken by the Requiring Body in response to the findings of the
Social Impact Assessment process and public hearings.
(8)
The
Social Impact Assessment team shall provide a conclusive assessment of the
balance and distribution of the adverse social impacts and social costs and
benefits of the proposed project and land acquisition, including the mitigation
measures, and provide an assessment as to whether the benefits from the
proposed project exceed the social costs and adverse social impacts that are
likely to be experienced by the affected families or even after the proposed
mitigation measures, the affected families remained at risk of being
economically or socially worse, as a result of the said land acquisition and
resettlement.
Rule - 10. Submission of Social Impact Assessment Report and Social Impact Management Plan. [section 6].
The final Social Impact Assessment Report and Social Impact Management
Plan shall be prepared in the local language and shall be forwarded to local
authority, and the offices of the District Collector, Sub-Divisional Officer
(C) and the Tehsildar and shall also be published.
Rule - 11. Social impact Assessment Report and Social impact Management Plan. [section 4(6)].
The Social Impact Assessment Report and Social Impact Management Plan
shall be formulated keeping in view all the relevant information and analysis
in a single document and reduced to writing that is clear, concise and accessible,
in particular to the members of the affected families.
Rule - 12. Process for conducting public hearings. [section 5].
(1)
The
public hearings shall be held in the affected areas to bring out the main
findings of the Social Impact Assessment, seeking feedback on the findings and
to seek additional information and views for incorporating the same in the
final documents.
(2)
The public
hearings shall be held in the affected area or as close to it as possible
considering the ease of access, availability of resources, infrastructure etc.
to conduct the public hearing. If the affected area encompasses more than one
local authority, the public hearing shall be held in each of the local
authorities within which land sought to be acquired is situated.
(3)
The
date, time and venue of the public hearing shall be published by the Social
Impact Assessment unit at least three weeks prior to such date of hearing in
form of notice in Form - V.
(4)
The
draft Social Impact Assessment report and Social Impact Management Plan shall
be published three weeks prior to the public hearing and distributed to all
affected local authorities. One copy of the draft report shall be forwarded to
the District Collector's office. The Requiring Body may also be served with a
copy of the draft report. Adequate copies of the report and summaries shall be
made available on the day of the public hearing. Accessible displays and other
visual shall be used to share the findings of the Social Impact Assessment
report.
(5)
A
member of the Social Impact Assessment team shall facilitate the public hearing
which shall be organized through the local administration alongwith the
Government officers i.e. Sub Divisional Officer (C)/Tehsildar, as may be
specified. Public representatives in the local authorities shall also be
included in all the decisions regarding the arrangements for the public
hearings in their respective areas.
(6)
All the
proceedings shall be held in the local language with effective and credible
translators, if needed, to ensure that all the participants may understand and
express their views.
(7)
Representatives
from the Requiring Body and land acquisition and rehabilitation and
resettlement functionaries such as Naib Tehsildar/Kanungos etc. dealing with
the subject shall also attend the public hearing and address the questions and
concerns raised by the affected parties.
(8)
Public
representatives, local voluntary organizations and media shall also be invited
to attend the public hearings.
(9)
The
proceedings of the public hearing shall be video recorded and transcribed
accordingly. This recording and transcription shall be submitted along with
final Social Impact Assessment Report and Social Impact Management Plan.
(10)
After
the conclusion of the public hearings, the Social Impact Assessment team shall
analyze the entire feedback received and information gathered in the public
meetings and incorporate the same along with their analysis, in the revised
Social Impact Assessment report accordingly.
(11)
Every
objection raised in the public meeting shall be recorded and the Social Impact
Assessment team shall ensure that every objection is considered in the Social
Impact Assessment report.
Rule - 13. Appraisal of Social Impact Assessment report by an Expert Group. [section 7].
(1)
The
Expert Group shall evaluate the Social Impact Assessment report and shall make
its recommendation to that effect within a period of two months from the date
of its constitution.
(2)
The
recommendations of the Expert Group shall be published.
Rule - 14. Consideration of Social Impact Assessment Report, recommendations of Expert Group etc. [section 7].
(1)
The
Government shall examine the report of the District Collector, Social Impact
Assessment report, the recommendations of the Expert Group, if any, and decide
such area for acquisition which shall ensure minimum displacement of people,
minimum disturbance to the infrastructure, ecology and minimum adverse impact
on the individuals affected.
(2)
The
decision of the Government under sub-rule (1) shall be published.
CHAPTER ? IV Consent
Rule - 15. Consent of affected Land owners. [section 2(2)].
(1)
In
Public Private Partnership projects and projects by private companies, a list
of all affected land owners from whom consent is required to be obtained, shall
be drawn up by the District Collector in consultation with the Social Impact
Assessment team. The list shall be published at least ten days prior to
obtaining consent.
(2)
In case
of any objection, the views of the objector shall be considered and in case of rejection,
the reasons for doing so shall be recorded in writing and conveyed to the
concerned person within ten days.
(3)
The
District Collector shall in consultation with the representatives of local
authorities, notify the date, time and venue at least three weeks in advance,
for holding the affected land owners meetings at the village or ward level.
(4)
The
proposed terms and conditions agreed to by the Requiring Body shall also be
made available in local language at least three weeks in advance of the meeting
of the affected land owners, to each and every affected land owner.
(5)
The
Requiring Body or its representatives, who are competent to take decision and
negotiate terms of rehabilitation and resettlement and compensation shall be
present at all such affected land owners meetings and respond to the queries
raised by the affected land owners. The terms and conditions of rehabilitation,
resettlement and compensation committed by the Requiring Body shall be
explained to the members in the local language and signatures of the members as
well as the representative of Requiring Body shall be obtained on such terms
and conditions.
(6)
At the
conclusion of the meeting, each individual land owner shall be asked to
indicate in the signed declaration whether he gives or withholds consent for
the acquisition of land involved. A copy of this declaration with the attached
terms and conditions shall be given to the land owner concerned. The
declaration shall be countersigned by the District Collector or any officer
authorised by him in writing for this purpose.
(7)
Those
who could not attend the affected land owners meeting may submit their signed
declarations to the District Collector within twenty one days from the date of
land owners meeting. The declaration form shall be counter-signed by the
District Collector or any officer authorised by him in writing for this purpose
and a copy of the declaration, with the attached terms and conditions, shall be
handed over to the affected landowner.
(8)
All
proceedings of taking affected land owners consent during land owners meetings
shall be recorded in video and all the proceedings must be documented in
writing.
(9)
The
outcome of the consent process shall be published.
(10)
The
members of the Social Impact Assessment team shall be present to assist the
affected land owners meeting.
(11)
No land
owner shall withdraw his consent once given in the aforesaid manner.
Rule - 16. Roles and responsibilities of the Collector for consent processes. [Section 2 (2)].
(1)
The
District Collector shall notify the date, time and venue of affected land
owners meetings for obtaining the consent and organize public awareness
campaigns to encourage participation of the affected land owners in the consent
processes.
(2)
The
District Collector shall ensure that the following are provided in the local
language at least three weeks in advance to every land owner from whom consent
is sought, namely.
(a)
a copy of the draft
Social Impact Assessment report (if readily available) in the local language;
(b)
initial package being
offered for compensation and rehabilitation and resettlement;
(c)
a list of the rights
currently enjoyed by the village and its residents under Revenue Laws, Forest
Rights Act and other legislations;
(d)
a written statement
signed by the Collector, certifying that there shall be no consequences, if
consent is denied for a project and stating that any attempt to coerce or
intimidate in order to obtain consent, shall be illegal; and
(e)
contact details of the
officer or authority along with official telephone number to be contacted in
case of any attempt to coerce for signing the declaration of consent process.
(3)
The
District Collector shall attend the land owners meetings.
(4)
The
District Collector shall ensure that all the documents relating to Social
Impact Assessment are made available to the affected land owners and any
information sought is provided within seven days.
Rule - 17. Roles and responsibilities of the Requiring Body for consent processes. [section 2].
(1)
The
Requiring Body shall appoint representatives competent to take decisions and
negotiate terms and conditions of compensation and rehabilitation and
resettlement, who shall be present in the meetings of affected land owners for
obtaining the consent and reply to the queries raised by the land owners.
(2)
The
Requiring Body shall provide all the information on the project, prior to the
taking of consent as well as any additional information, if required.
(3)
The
consent of affected land owners shall be obtained in Form - VI.
CHAPTER ? V Preliminary
Notification for Land Acquisition and Rehabilitation and Resettlement Scheme
Rule - 18. Publication of preliminary notification. [Section 11].
(1)
After
completion of the Social Impact Assessment Study and after obtaining consent of
the affected families, whenever required, if it appears to the Government that
land is required or likely to be required in any area for any public purpose, a
preliminary notification referred to in section 11 shall be published
in Form - VII.
(2)
After
the preliminary notification is published under section 11, the Collector shall
ensure completion of the exercise of updating land records as specified
hereunder; -
(a)
delete the names of
deceased persons;
(b)
enter the names of the
legal heirs of the deceased persons;
(c)
take effect of the
registered transactions of the rights in land such as sale, gift, partition,
etc.;
(d)
make all entries of the
mortgages in the land records;
(e)
delete the entries of
mortgages in case the lending agency issues letter towards full payment of
loans taken through registered re-conveyance of mortgaged property deeds;
(f)
make necessary entries
in respect of all prevalent forest laws;
(g)
make necessary entries
in case of the Government land and also in respect of land of local
authorities;
(h)
make necessary entries
in respect of assets on the land like construction, buildings, trees, wells,
etc.;
(i)
make necessary entries
of share-croppers in the land;
(j)
make necessary entries
of crops grown or sown and the area of such crops; and
(k)
any other relevant
entries.
Rule - 19. Hearing of objections. [section 15].
(1)
The
Collector after issuing notice in Form - VIII and after hearing all
objections and making enquiry as provided under sub-section (2) of section 15,
shall submit a report under the said sub-section to the Government for its
decision.
(2)
The report
of the Collector shall include the following namely.
(a)
suitability assessment
as to whether the proposed acquisition serves public purpose;
(b)
whether the extent of
land proposed for acquisition is the absolute bare-minimum extent needed for
the project;
(c)
suitability as to
whether land acquisition at an alternate place has been considered and found
not feasible;
(d)
there is no unutilised
land which has been previously acquired in the area;
(e)
the land, if any,
acquired earlier and remained unutilised, is used for such public purpose and
recommendations in respect thereof;
(f)
suitability
recommendations on the objections;
(g)
suitability record of
proceedings;
(h)
suitability as to
approximate cost of land acquisition;
(i)
particulars as to number
of affected families likely to be resettled.
Rule - 20. Preparation of Rehabilitation and Resettlement Scheme and public hearing. [section 16].
(1)
Upon
publication of the preliminary notification under sub-section (1) of section
11, the Administrator for Rehabilitation and Resettlement, shall conduct a
survey and undertake a census of the affected families within a period of two
months from the date of publication of such preliminary notification.
(2)
For the
purpose of the survey to be conducted and the census of the affected families
to be undertaken by the Administrator, he shall in addition to factors as
mentioned in sub-section (1) of section 16 of the Act, take into account.
(a)
the Social Impact
Assessment report;
(b)
the records of the local
authorities, and other Government records.
(3)
The
Administrator shall get the data verified by door to door visit of the affected
families and by site visits in case of infrastructure projects in the affected
area.
(4)
The
draft Rehabilitation and Resettlement Scheme prepared by the Administrator
shall, in addition to the particulars mentioned in the sub-section (2) of
section 16, contain the followings, namely.
(a)
list of affected
families, with Aadhaar number of its members, if available;
(b)
list of displaced
families, with Aadhaar number of its members, if available;
(c)
list of infrastructure
in the affected area;
(d)
list of land holdings in
the affected area;
(e)
list of trees,
buildings, other immovable property or assets attached to the land or building
which are to be acquired;
(f)
list of trades or
businesses in the affected area;
(g)
list of persons
belonging to the Scheduled Castes or the Scheduled Tribes, divyangs in the
affected area;
(h)
list of landless
agricultural labourers in the affected areas;
(i)
list of unemployed youth
in the affected families; and
(j)
time limit for
implementing rehabilitation and resettlement Scheme:
Provided that in case a person does not have an Aadhaar number, efforts
shall be made to get him so enrolled, provided he gives his consent for such
enrolment and the claims of the affected families may be facilitated by
carrying out consent-based Aadhaar authentication service.
(5)
The
Administrator shall prepare comprehensive and detailed draft Rehabilitation and
Resettlement Scheme and publish the draft Rehabilitation and Resettlement
Scheme.
(6)
The
Administrator or an officer authorised by him shall conduct a public hearing in
the affected areas by issuing advance notice of three weeks on the date, time
and venue mentioned in the said notice in accordance with the provisions of
rule 12 which shall, mutatis mutandis, apply to the public hearing in this
case also.
Rule - 21. Publication of approved Rehabilitation and Resettlement Scheme. [section 18].
After review of the Rehabilitation and Resettlement Scheme by the
Collector as per provisions of sub section (1) of section 17 and approval of
the scheme by the Commissioner as per provisions of sub section (2) of section
17 the approved Rehabilitation and Resettlement Scheme shall be published by
the Commissioner in the affected area and the Commissioner shall also inform
the State Monitoring Committee constituted under section 50 about the
publication of the approved Rehabilitation and Resettlement scheme.
Rule - 22. Web-based Work Flow and Management Information system.
The Government shall create a dedicated, user-friendly website that may
serve as a public platform on which the entire work flow of each acquisition
case shall be hosted, beginning with the notification of the Social Impact
Assessment and tracking each step of decision-making, implementation and audit.
Rule - 23. Development Plan for Scheduled Castes or Scheduled Tribes families. [section 41].
The Development Plan to be prepared in cases of a project involving land
acquisition on behalf of a Requiring Body which involves, involuntary
displacement of the Scheduled Castes or Scheduled Tribes families, referred to
in section 41 shall be as per Form IX.
CHAPTER ? VI Declaration
and Award
Rule - 24. Publication of declaration for acquisition. [section 19].
Upon receipt of a report of the Collector, as provided under sub-section
(2) of section 15 and after examination and taking a decision on the
objections, a declaration for acquisition of the land under sub-section (1) of
section 19 alongwith the summary of the Rehabilitation and Resettlement Scheme,
shall be published by the Government in Form-X.
Rule - 25. Determination of compensation. [section 26-30].
(1)
The
compensation shall be determined as per the provisions laid down under Section
26 to Section 30 read with the notification issued under column 3 against
serial number 2 of the First Schedule to the Act.
(2)
The
manner in which fishing rights shall be allowed to affected families in cases
of irrigation or hydel projects under item 9 of Second Schedule of Act shall be
notified by the Fisheries Department in consultation with Irrigation Department
and Revenue Department or any other Department, as may be required.
(3)
The
payment of compensation shall be made through the account payee
cheque/electronic mail transfer/Real Time Gross Settlement (RTGS) linked with
Aadhar number.
(4)
Where
any excess amount is proved to have been paid to any person as a result of the
correction made in an award under sub-section (3) of section 33 and such person
refuses to refund the said excess paid to him, then such amount shall be
recovered as an arrear of land revenue.
Rule - 26. Land acquisition award. [section 23].
The Collector, after enquiry into and disposal of the objections, if
any, raised by the interested persons in pursuance of the public notice
published and given under sub-section (l) of section 21, shall make land
acquisition award under section 23 of the Act as per Form-XI.
Rule - 27. Rehabilitation and Resettlement Award. [section 31, 37].
(1)
The
Collector shall also make Rehabilitation and Resettlement Award for each
affected family in accordance with section 31 in Form - XII and hand
over family wise awards to each affected family.
(2)
The
recovery of any rehabilitation and resettlement benefit availed of by making a
false claim or through fraudulent means, on refusal to refund shall be
recovered as an arrear of land-revenue.
(3)
The
provision of infrastructural facilities and basic minimum amenities as specified
in the Third Schedule of the Act are in Form-XIII.
CHAPTER ? VII Administrator,
Rehabilitation and Resettlement Committee and State Monitoring Committee
Rule - 28. Powers, duties and responsibilities of Administrator. [section 43].
The Sub Divisional Officer (C) or any officer not below the rank of
extra Assistant Commissioner or any other officer of equivalent rank duly
authorised by the Government in the State, shall act as Administrator for
Rehabilitation and Resettlement. The Administrator shall have the following
powers, duties and responsibilities, namely.
(a)
to conduct a survey and
undertake a census of the affected families and details of livestock possessed
by each affected family in accordance with rule 20;
(b)
to prepare a draft
Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft
scheme);
(c)
to give wide publicity
to the draft scheme in accordance with sub-rule (5) of rule 20 in the affected
areas;
(d)
to make the draft scheme
available to the concerned persons and authorities;
(e)
to organise and conduct
public hearings on the draft Scheme;
(f)
to submit the draft
scheme to the Collector;
(g)
to execute and monitor
the rehabilitation and resettlement scheme;
(h)
to assist the
Commissioner in post-implementation of social audit of rehabilitation and
resettlement scheme; and
(i)
any other work required
to be done for rehabilitation and resettlement.
Rule - 29. Rehabilitation and Resettlement Committee at Project Level. [Section 45].
(1)
The
Government shall constitute a Rehabilitation and Resettlement Committee at
project level to monitor and review the progress and implementation of the
Rehabilitation and Resettlement Scheme and to carry out post-implementation
social audits in consultation with the Gram Sabha in the rural area and Municipality,
Municipal Council or Municipal Corporation, as the case may be, in the urban
area.
(2)
The
Committee shall have its first meeting when a draft scheme has been prepared by
the Administrator. The Committee shall discuss the draft scheme and make
suggestions and recommendations. Thereafter, the Committee shall meet to review
and monitor the progress of rehabilitation and resettlement once in a month
till the process of rehabilitation and resettlement is completed;
(3)
For the
purpose of carrying out the post-implementation social audits, the Committee
shall meet once in three months;
(4)
The
Committee may visit the affected area and discuss with the affected families,
if it so desires and also visit the resettlement area to monitor the
resettlement process.
(5)
The Member-Convener
of the Committee shall be assisted by subordinate officers and staff provided
by the Government.
(6)
The
members of the Committee shall get travelling and daily allowance at the rate
admissible to the Class I Officers of the Government and amount shall be paid
by District Collector from the fund provided for these purposes by the
Requiring Body.
Rule - 30. Procedure of State Monitoring Committee. [section 50(3)].
(1)
The
State Monitoring Committee, shall review and monitor the implementation of the
Rehabilitation and Resettlement Schemes for the projects within two months of
the publication of the approved schemes by the Commissioner under section 18
and thereafter, the meetings of the Committee shall be held once in three
months to review and monitor the implementation of the rehabilitation and
resettlement schemes.
(2)
For the
purposes of sub-rule (1), the Committee may -
(a)
call for records and
information of rehabilitation and resettlement schemes;
(b)
call the Requiring Body
for discussion as and when required;
(c)
ask for report about
implementation of its decision from Rehabilitation and Resettlement Committee.
(3)
The
non-official experts associated with the State Monitoring Committee, shall be
paid travelling and daily allowance at the rate admissible to an officer of the
rank of Secretary in the Government.
CHAPTER ? VII Administrator,
Rehabilitation and Resettlement Committee and State Monitoring Committee
Rule - 31. Salaries, allowances, etc. of Presiding Officer, Registrar and other officers and employees of Authority. [section 56].
The salaries, allowances and conditions of service of the Presiding
Officer and Registrar and other officers and staffs of the Authority, shall be
specified separately by the Government after due consultation with the Chief
Justice of Punjab and Haryana High Court.
Rule - 32. Power of Authority and Recovery of Rehabilitation and Resettlement benefits availed through false claim etc. [section 60 & 84].
(1)
If the
Collector after inquiry comes to the conclusion that a person has wrongly been
given compensation because of the claim based on fraud, misrepresentation or
adopting illegal means etc., the Collector shall make a reference to the
Authority for taking action against the erring person and the said action shall
be without prejudice to the action which can be taken under any other law for
the time being in force.
(2)
The
land and houses so vacated shall be used for the Rehabilitation and
Resettlement of the affected persons by the same project or for the purpose of community,
as the case may be.
Miscellaneous
Rule - 33. Limits on extent of land. [section 2(3)(a)].
The limits on extent of land beyond which provisions of which
Rehabilitation and Resettlement under the Act in cases of purchase by a private
company through Private Negotiation for public purpose with the owner of the
land shall be as specified by the Government from time to time.
Rule - 34. Manner of return of unutilized land. [Section 10].
(1)
When
any land acquired under the Act remains unutilised for a period of five years,
the same shall be returned to the original owner or owners or their legal
heirs, as the case may be, or to the Land Bank of the Government by issuing a
notice to the Requiring Body for whom the land was acquired and by giving an opportunity
of being heard and by passing necessary order in writing by the Divisional
Commissioner in this behalf for this purpose, as per terms and conditions
decided by the Government from time to time.
(2)
After
passing the order by Divisional Commissioner under sub-rule (1), the District
Collector shall take the possession of the acquired land for the purpose of
returning the same to the original owner or owners or their legal heirs, as the
case may be, or to the Land Bank of the Government and order for making any
entries in this regard in the relevant record.
(3)
If the
Requiring Body does not handover possession of the said land to the District
Collector, the District Collector shall be competent to take the help of the
concerned Executive Magistrate and police force to take the possession by
giving prior notice to the Requiring Body.
Rule - 35. Repeal.
The Haryana Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Rules, 2014 shall stand repealed:
Provided that any action taken under the rules so repealed, shall be deemed to
have been taken under these rules.
Form ? I
[(See rule-3(1)]
Request
for Acquisition of Land
From:
Name
and/or Designation of the Requiring Body
To:
1.
The District
Collector___________________
2.
Commissioner, R&R,
_______________________
It is
requested to acquire __________________ acre(s) of land for
______________________________________ project/purpose and the details are
furnished in Annexure (Annexures) I, II & III alongwith three copies of
Combined Sketch (to scale) showing the lands to be acquired. The gestation
period of the project will be ______ years and _______months (applicable only
if gestation period is more than 5 years)
Requisite
cost of acquisition including cost of social impact assessment study (SIA) is
available and shall be deposited in your office, as provided under provisions
of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 as and when required by you. It is
certified that the land to be acquired was demarcated on the field and all
further necessary information and assistance shall be provided on the date/time
appointed/stipulated by you.
Yours
faithfully
Requiring
Body
Annexure-I
Name of
the project.
(1)
Name of the village -
(2)
Name of the Tehsil -
(3)
Name of the
Municipality/Municipal Corporation -
(4)
Name of the District -
(5)
Khasra Nos. to be
acquired -
(6)
Total area under request
(in acres) -
(7)
Boundaries of the area
to be acquired -
East -
West -
North -
South -
(8)
Area of the agricultural
and irrigated multi-cropped land (mentioned separately)
(9)
Reasons for inclusion of
agricultural and irrigated multi-cropped land
___________________________________
(10)
Details of buildings and
other structures, tanks, wells, tress, etc.,
(11)
Reasons for the
inclusion of religious building, graveyard or tomb etc. for acquisition, if
any.
Requiring
Body
Annexure ? II
Name of
the project.
1.
Department or Government
or Company, Local Authority, Institution:
2.
Official designation of
the requiring body.
3.
Purpose of Acquisition
(in detail).
4.
Whether the request is
filed u/s 2(1) of the Act by the Government or Department for its own use hold
and control.
5.
Whether the request is
filed u/s 2(1) (a) to 2(1) (f) of the Act.
6.
Whether the request is
filed u/s 2(2) (a) or (b) of the Act.
7.
How many families are
affected as described u/s 3 (c) (i) to (vi) of the Act.
8.
Whether the request is
filed under Section 40 of the Act.
9.
If so, on what ground ?
10.
Has the land for the
project been partially purchased from the owners by private negotiation?
11.
If so, on what date and
on what terms (please state the terms of negotiation in short and attach the
copy of it)
12.
Date of issue of
administrative approval for the project (copy to be attached) in case of
Government or department or local authority.
13.
Reasons for delay in
filing request, if request is filed after six weeks from the date of
administrative approval of the project in case of Government or Department or
local authority.
14.
By what time possession
of the land is required.
Requiring
Body
Annexure ? III
Certificate to be furnished along with the request
for acquisition of land by the requiring authorities.
Name of
the project.
(1)
Certified that the
project for which the land is sought to be acquired has been administratively
approved vide Department letter No. __________ dated _____________ for
acquisition under the Act (Copy of letter attached).
(2)
The estimated cost of
the project is of INR ____________ and necessary budget was sanctioned and
funds are available towards cost of acquisition.
(3)
The Department
undertakes to pay the full amount in case of decree by the Land acquisition,
Rehabilitation and Resettlement Authority/High Court/Supreme Court as and when
asked to do so by the Collector.
Requiring Body
Form ? II
[For Part-A, see rule-5(1) and for Part-B, see rule
7(1)]
Part-A. Notification of the Social Impact
Assessment
No. ....................
Chandigarh.
............, Dated .........
Whereas,
it appears to the Governor of Haryana that the land specified in the Schedule
below is needed or likely to be needed for a public purpose, namely,
..................;
And
whereas, in exercise of the powers conferred by sub section (1) of section 4 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, (Central Act 30 of 2013) the
Governor of Haryana has decided to conduct a Social Impact Assessment in the
area specified in the schedule below;
Now
therefore, sanction is accorded to the .............................. a Social
Impact Assessment Unit, ................................. District to conduct a
Social Impact Assessment Study and to prepare a Social Impact Management Plan
as provided in the Act. The process shall be completed within a period of six
months from the date of publication of this notification in the Official
Gazette.
Schedule
of The Area
District:
Village
Tehsil:
(The extent given is approximate)
Extent
of Land (in acres)
Secretary
to Government.
Part -B. Terms of Reference and Processing Fee for
the Social Impact
(i)
The Social Impact
Assessment Unit shall review the proposal for land acquisition sent by the
Government and produce a project-specific Terms of Reference and budget. Based
on the Terms of Reference and budget, a processing fee shall be determined,
which shall be deposited by the Requiring Body before the notification of the
Social Impact Assessment is issued.
(ii)
The Terms of Reference
shall include the following information.
(a)
a brief description of
the project, project area and the extent of lands proposed for acquisition.
(b)
the objectives of the
Social Impact Assessment and all the activities that shall be carried out by
the Social Impact Assessment team.
(c)
sequencing, schedule and
deadlines for deliverables with dates for the Social Impact Assessment process,
based on the size and complexity of the project and land acquisition, and
whether consent of Gram Sabhas and/or land owners is required to be sought.
(d)
the appropriate size and
profile of the Social Impact Assessment team required (including field surveyors,
if needed) to conduct the Social Impact Assessment for the specific project.
(e)
a project-specific
budget based on the Terms of Reference, with a clear break-up of costs for each
item or activity.
(f)
the schedule for the
disbursement of funds to the Social Impact Assessment team tied to clearly
defined deliverables in the Social Impact Assessment process.
(iii)
The processing fee shall
be determined based on the Terms of Reference and budget developed for each
specific project and shall be based on the type, size, location, and
sensitivity of the project and the land proposed for acquisition. Information
regarding the processing fee bands and the cost for separate components or line
items shall be made consistent and easily accessible, so that the Requiring Body
can factor this into its costs in advance. These rates shall be reviewed and
revised from time to time. A fixed proportion of the fee shall go towards
meeting the costs of the Social Impact Assessment Unit.
Form ? III
[See rules-5(3), 9(5) and 9 (6)]
Social Impact Assessment Report
A. ???List of socio-economic and
cultural parameters to be covered by the Social Impact Assessment.
1.
Demographic
details of the population in the project area
(a)
Age, Sex, Caste,
Religion
(b)
Literacy, health and
nutritional status
2.
Poverty
levels
3.
Vulnerable
groups
(a)
Women,
?
(b)
children,
(c)
the elderly,
(d)
women-headed households,
(e)
the differently abled
4.
Kinship
patterns and women's role in the family.
5.
Social
and cultural organisation
6.
Administrative
organisation
7.
Political
organisation
8.
Civil
society organisations and social movements
9.
Land
use and livelihood
(a)
Agricultural and
non-agricultural use
(b)
Quality of land - soil,
water, trees etc.
(c)
Livestock
(d)
Formal and informal work
and employment
(e)
Household division of
labour and women's work
(f)
Migration
(g)
Household income levels
(h)
Livelihood preferences
(i)
Food security
10.
Local
economic activities
(a)
Formal and informal,
local industries
(b)
Access to credit
(c)
Wage rates
(d)
Specific livelihood
activities women are involved in
11.
Factors
that contribute to local livelihoods
(a)
Access to natural
resources
(b)
Common property
resources
(c)
Private assets
(d)
Roads, transportation
(e)
Irrigation facilities
(f)
Access to markets
(g)
Tourist sites
(h)
Livelihood promotion
programmes
(i)
Co-operatives and other
livelihood-related associations
12.
Quality
of the living environment
(a)
Perceptions, aesthetic
qualities, attachments and aspirations
(b)
Settlement patterns
(c)
Houses
(d)
Community and civic
spaces
(e)
Sites of religious and
cultural meaning
(f)
Physical infrastructure
(including water supply, sewage systems etc.)
(g)
Public service
infrastructure (schools, health facilities, anganwadi centres, public
distribution system)
(h)
Safety, crime, violence
(i)
Social gathering points
for women
B. Key impact areas.
1.
Impacts
on land, livelihoods and income.
(a)
Level and type of employment
(b)
Intra-household
employment patterns
(c)
Income levels
(d)
Food security
(e)
Standard of living
(f)
Access and control over
productive resources
(g)
Economic dependency or
vulnerability
(h)
Disruption of local
economy
(i)
Impoverishment risks
(j)
Women's access to
livelihood alternatives
2.
Impacts
on physical resources.
(a)
Impacts on natural
resources, soil, air, water, forests
(b)
Pressures on land and
common property natural resources for livelihoods
3.
Impacts
on private assets, public services and utilities.
(a)
Capacity of existing health
and education facilities
(b)
Capacity of housing
facilities
(c)
Pressure on supply of
local services
(d)
Adequacy of electrical
and water supply, roads, sanitation and waste management system
(e)
Impact on private assets
such as bore wells, temporary sheds etc.
4.
Health
impacts.
(a)
Health impacts due to
in-migration
(b)
Health impacts due to
project activities with a special emphasis on.
(i)
Impact on women's health
(ii)
Impact on the elderly
5.
Impacts
on culture and social cohesion.
(a)
Transformation of local
political structures
(b)
Demographic changes
(c)
Shifts in the
economy-ecology balance
(d)
Impacts on the norms,
beliefs, values and cultural life
(e)
Crime and illicit
activities
(f)
Stress of dislocation
(g)
Impact of separation of
family cohesion
(h)
Violence against women
6.
Impacts
at different stages of the project cycle The type, timing, duration, and
intensity of social impacts will depend on and relate closely to the stages of
the project cycle. Below is an indicative list of impacts.
(a)
Pre-construction phase
(i)
Interruption in the delivery
of services
(ii)
Drop in productive
investment
(iii)
Land speculation
(iv)
Stress of uncertainty
(b)
Construction phase.
(i)
Displacement and
relocation
(ii)
Influx of migrant
construction workforce
(iii)
Health impacts on those
who continue to live close to the construction site
(c)
Operation phase.
(i)
Reduction in employment
opportunities compared to the construction phase
(ii)
Economic benefits of the
project
(iii)
Benefits on new
infrastructure
(iv)
New patterns of social
organisation
(d)
De-commissioning phase.
(i)
Loss of economic
opportunities
(ii)
Environmental
degradation and its impact on livelihoods
(e)
Direct and indirect
impacts.
(i)
"Direct
impacts" shall include all impacts that are likely to be experienced by
the affected families (i.e. Direct land and livelihood losers)
(ii)
"Indirect
impacts" shall include all impacts that may be experienced by those not
directly affected by the acquisition of land but those living in the project
area
(f)
Differential impacts.
(i)
Impact on women,
children, the elderly and the different abled
(ii)
Impacts identified
through tools such as Gender Impact Assessment Checklists, and Vulnerability
and Resilience Mapping
(g)
Cumulative impacts.
(i)
Measureable and
potential impacts of other projects in the area along with the identified
impacts for the project in question.
(ii)
Impact on those not
directly in the project area but based locally or even regionally.
C. ???Table of Contents for Social
Impact Assessment Report and Social Impact Management Plan.
Chapter |
Contents |
Executive
Summary |
(a) Project and public purpose (b) Location (c) Size and attributes of land acquisition (d) Alternatives considered (e) Social Impacts (f) Mitigation measures (g)
Assessment of social costs. |
Detailed
Project Description |
(a) Background of the project, including
developers background and governance or management structure (b) Rationale for project including how the
project fits the public purpose criteria listed in the Act. (c) Details of project size, location, capacity,
outputs, production targets, cost, risks (d) Examination of alternatives (e) Phases of project construction (f) Core design features and size and type of
facilities (g) Need for ancillary infrastructural facilities (h) Work force requirements (temporary and
permanent) (i) Details of Social Impact Assessment or
Environmental Impact Assessment if already conducted and any technical
feasibility reports (j)
Applicable legislations and policies |
Team
composition, approach, methodology and Schedule of the Social Impact
Assessment |
(a) List of all team members with qualifications.
Gender experts to be included in team. (b) Description and rationale for the methodology
and tools used to collect information for the Social Impact Assessment. (c) Sampling methodology used. (d) Overview of information or data sources used.
Detailed reference must be included separately in the forms. (e)
Schedule of consultations with key stakeholders and brief description of
public hearings conducted. Details of the public hearings and the specific
feedback incorporated into the Report must be included in the forms. |
Land
Assessment |
(a) Information from land inventories and primary
sources - Describe with the help of the maps (b) Entire area of impact under the influence of
the project (not limited to land area for acquisition) (c) Total land requirement for the project (d) Present use of any public, unutilised land in
the vicinity of the project area (e) Land (if any) already purchased, alienated,
leased or acquired, and the intended use for each plot of land required for
the project (f) Quantity and location of land proposed to be
acquired for the project (g) Nature, present use and classification of
land and if agricultural land, irrigation coverage and cropping patterns (h) Size of holdings, ownership patterns, land
distribution, and number of residential houses (i) Land
prices and recent changes in ownership, transfer and use of lands over the
last 3 years. |
Estimation
and enumeration (where required) of affected families and assets |
Estimation of the following type of families that
are - (a) Directly affected (own land that is proposed
to be acquired): (i) Are tenants or occupy the land proposed to be
acquired (ii) The Scheduled Tribes and other traditional
forest dwellers who have lost any of their forest rights (iii) Depend on common property resources which will
be affected due to acquisition of land for their livelihood (iv) Have been assigned land by the Government
under any of its schemes and such land is under acquisition; (v) Have been residing on any land in the urban
areas for preceding three years or more prior to the acquisition of the land (vi) Have depended on the land being acquired as
a primary source of livelihood for three years prior to the acquisition (b) Indirectly impacted by the project (not
affected directly by the acquisition of own lands) (c)
Inventory of productive assets and significant lands |
Socio-economic
and cultural profile (affected area and resettlement site) |
(a) Demographic details of the population in the
project area (b) Income and poverty levels (c) Vulnerable groups (d) Land use and livelihood (e) Local economic activities (f) Factors that contribute to local livelihoods (g) Kinship patterns and social and cultural
organisation (h) Administrative organisation (i) Political organisation (j) Community-based and civil society organisations (k) Regional dynamics and historical change
processes (l)
Quality of the living environment |
Social
impacts |
(a) Framework and approach to identifying impacts (b) Description of impacts at various stages of
the project cycle such as impacts on health and livelihoods and culture. For
each type of impact, separate indication of whether it is a direct or
indirect impact, differential impacts on different categories of affected
families and where applicable cumulative impacts (c)
Indicative list of impacts areas include: impacts on land, livelihoods and
income, physical resources, private assets, public services and utilities,
health, culture and social cohesion and gender based impacts |
Analysis
of costs and benefits and recommendation on acquisition |
(a) Final conclusions on: assessment of public
purpose, less-displacing alternatives, minimum requirements of land, the
nature and intensity of social impacts, the viability of the mitigation
measures and the extent to which mitigation measures described in the Social
Impact Management Plan will address the full range of social impacts and
adverse social costs. (b) The
above analysis will use the equity principle as a criteria of analysis for
presenting a final recommendation on whether the acquisition should go
through or not |
References
and Forms |
For
reference and further information |
(Seal
and signature of the Chairman and Members, Social Impact Assessment Unit.)
Form ? IV
[See rule-5 (4)]
Social Impact Management Plan
1.
Approach to mitigation
2.
Measures to avoid,
mitigate and compensate impact
3.
Measures that are
included in the terms of Rehabilitation & Resettlement and compensation as
outlined in the Act
4.
Measures that the
Requiring Body has stated it shall introduce in the Project Proposal
5.
Additional measures that
the Requiring Body has stated it shall undertake in response to the findings of
the Social Impact Assessment process and public hearings
6.
The Social Impact
Management Plan must include a description of institutional structures and key
person responsible for each mitigation measure and timelines and costs for each
activity.
(Seal
and signature of the Chairman and Members, Social Impact Assessment Unit.)
Form ? V
[See rule- 12 (3) and section 5 of the Act]
Notice
For Public Hearing
No.
Dated:
Notice under section 5 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Central Act 30 of 2013) is hereby given that the land specified in the
appended schedule and situated in village (s)
....................................., Tehsil .............................. of
District ....................................... is needed or likely to be
needed for a public purpose, namely, .................. in accordance with the
notification No. ............ published on ............, under sub-section (1)
of section 4 of the said Act. All persons interested in the said land are
accordingly required to appear before the .................. on
......................at ............ for a public hearing in connection with
the preparation of Social Impact Assessment Report.
Schedule
Serial No. |
Khasra No. |
Description |
Extent
required in hectares |
Name of
Owners of Land/Interested |
Chairman
Social
Impact Assessment Unit.
Form-VI
[See rule-17(3)]
Prior Written Consent / Declaration Form
Sr. No. |
Detail of person Concerned |
|||
1 |
Name of
the person(s) as per section 3(c) (i) & (v) of the Act |
|||
2 |
Name of
the spouse |
|||
3 |
Name of
father/ mother |
|||
4 |
Address |
|||
5 |
Village /
Basti |
|||
6 |
Gram
Panchayat / Municipality / Municipal Corporation |
|||
7 |
Tehsil: |
|||
8 |
District: |
|||
9 |
Name of
other members in the family with age: (including children and adult
dependents) |
|||
10 |
Extent of
land owned |
|||
11 |
Area for
the acquisition |
|||
12 |
Plot No |
|||
13 |
Record of
Rights |
|||
14 |
Disputed
lands if any |
|||
15 |
Pattas/
leases/ grants, if any |
|||
16 |
Any other
right, including tenancy, if any: |
|||
17 |
Regarding
the acquisition of my land by the government, I wish to state the following
(please circle) |
|||
(i) |
I have
read/readout the contents of this consent form and explained to me in
__________language and |
Yes |
No |
|
(ii) |
I do not
agree to this acquisition |
Yes |
No |
|
(iii) |
I agree to
this acquisition |
Yes |
No |
|
Singnature or Thumb impression of the affected family (s) and date: |
||||
18 |
The terms
and conditions, Rehabilitation and Resettlement, compensation and other
measures committed by the Requiring Body have been explained in the local
language. (These terms and conditions must be attached to the Form). |
|||
Date and
Signature of designated district official receiving the signed form |
||||
It is a
crime under law to threaten any person or to cause them any harm if they
refuse to consent or if they choose to state that they do not consent on this
form. This includes any threat or act that causes them to lose money, that
hurts them physically or that results in harm to their family. If any such
threat has been made this form is null and void. |
Declaration
I
hereby declare that all the facts stated above are true and correct to the best
of my information, knowledge and belief and no material has been concealed
there from.
I have
read the contents of this consent form/the contents of this consent form have
been read out to me and explained to me in language and I agree/do not agree to
give my consent to the proposed acquisition of the land described above in my
ownership.
Signature
of the person(s) giving the declaration:
Signature
or Thumb impression of the affected family(s) and date:
Countersigned
by: The Collector or the Officer
Form ? VII
[See rule-18(1)]
Preliminary Notification
No.
____________
Dated:__________
Whereas,
it appears to the Governor of Haryana that a total of ________ acres land is
required in the _________________ Village _______________ Tehsil ___________
District for public purpose, namely,
________________________________________ Social Impact Assessment Study was
carried out by Social Impact Assessment Unit and a report submitted/preliminary
investigation was conducted by a team of officers constituted by the Collector
as laid down under rule 9 of the Haryana Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017.
The summary of the Social Impact Assessment report/preliminary investigation is
as follows (Attach copy of SIA report):
________________________________________________________________
A
total _________ (no.) families are likely to be displaced due to the land
acquisition. The reason necessitating such displacement is given below.
______________________________________________________________________
is appointed as Administrator for the purpose of rehabilitation and
resettlement of the affected families. Therefore, it is notified that for the
above said project in the ______________________________ village of
______________ Tehsil __________________________ District a piece of land
measuring, _____________ acres viz, __________ hectare of standard measuring,
whose detail description is as following, is under
acquisition:
Sr. No. |
Khasra No. |
Type of Title |
Type of Land |
Area under Acquisition (in acre) |
Name & Address of person interested |
Boundaries |
|||
N. |
S. |
E. |
W. |
||||||
Tress |
Structures |
|
Variety
Number |
Type
Plinth area (in sq m) |
This
notification is made under the provisions of sub-section (i) of section-11 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), to all to
whom it may concern.
A plan
of the land may be inspected in the office of the Collector and
_________________ on any working day during the working hours.
The
Governor of Haryana hereby authorizes Officers ______________ and his staff
_____________ to enter upon and survey land, take levels of any land, dig or
bore into the sub-soil & do all other acts required for the proper
execution of their work as provided and specified in section 12 of the said
Act.
Under
section 11(4) of the Act, no person shall make any transaction or cause any
transaction of land i.e. sale/purchase, etc., or create any encumbrances on
such land from the date of publication of such notification without prior
approval of the Collector.
Objections
to the acquisition, if any, may be filed by the person interested within a
period of sixty days from the date of publication of this notification as
provided under section 15 of the Act before the Collector.
Encl:
As above
Place:
Date:
Secretary
to the Government
Form ? VIII
[See rule-19 (1) and sub section (2) of section 15
of the Act]
Notice By Collector
No. _______________________
Dated __________________
Notice is hereby given that the land specified in the appended schedule and
situated in the village of _________________ in the Tehsil/other nomenclature
_________________________ in the District of _______________ is needed in
accordance with the notification under sub-section (i) of section 11 of the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (Central Act 30 of 2013) published by the Government
in Offical Gazette dated ______________ All persons interested in the land are
accordingly required to lodge their objections before
_______________________________________________________________________ within
a period of sixty days from the date of publication of the above notification
in writing, if any, to the acquisition of the said land. Any objection
statement which is received after the due date or which does not clearly
explain the nature of the senders interest in the lands is liable to be summarily
rejected.
Objections
received within the due date, if any, shall be enquired into on
________________ at _________________ when the objectors shall be at liberty to
appear in person or by Advocate and to adduce any oral or documentary evidence
in support of their objections.
Schedule
Sr. No. |
Khasra No. |
Total
extent (in acres) |
Extent
under acquisition (in acres) |
Name &
address of the person interested |
Boundaries
N.S.E.W. |
Details of
Trees, Structures etc., if any |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
Collector
Place:
Date:
Form - IX
[See rule-23]
Format
for Development Plan under Rehabilitation and Resettlement scheme for SC/ST
families displaced due to land acquisition
Sr. No. |
Name of the Claimant/family head |
Permanent Address |
Entitlements (See section 31,41 and Second Schedule of the Act) |
Remarks |
1.
Particulars of land for agricultural, horticultural, cattle grazing field per
family shall be provided. |
||||
2.
Provision of dwelling housing unit per family, Drinking Water facility
toilette etc., |
||||
3. One
time financial assistance of INR ???? per family shall be given. |
||||
4. For
landless laborers employment shall be provided under Mnrega or/and any other
job providing scheme of the government. |
||||
5. Skill
development through different training programs for the youth of affected
family. |
||||
6.
Subsistence grant for displaced family allowance equivalent to INR ???? per
month for a year from the date of award. |
||||
7. For
cattle shed and petty shop minimum Rupees ??? |
(a)
Details of Land right
due, but not settled:
(b)
Details of actions for
restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the
alienated land by undertaking a special drive.
(c)
Programme for
development of alternate fuel, fodder and non-timber forest produce resources
on non-forest lands within a period of five years, sufficient to meet the
requirements of tribal communities as well as the Scheduled Castes.
Form ? X
[See rule-24]
Declaration
No.
___________________
The_____________
Whereas, it appears to the Governor of Haryana that a total of _________ acres
land is required in the Village _____________ Tehsil _____________ District
_____________ for public purpose, namely,
__________________________________________.
Therefore
declaration is made that a piece of land measuring _________ acres viz;
_________ hectares of standard measurement under acquisition for the above said
project in the Village ___________ Tehsil ___________________ District
______________ whose detailed description is as
following.
Sr. No. |
Khasra No. |
Type of
title |
Type of
Land |
Area under
Acquisition (in acres) |
Name &
Address of person interested |
Boundaries |
|||
N. |
S. |
E. |
W. |
||||||
Trees |
|
Variety |
Number |
Structure |
|
Type |
Plinth
area (in sq m) |
This
declaration is made after hearing of objections of persons interested and due
enquiry as provided under section 15 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Central Act 30 of 2013). The number of families likely to be resettled due to
Land Acquisition is ___________ for whom Resettlement area has been identified,
whose brief description is as following.
Village
__________ Tehsil ___________District __________ Area _______ (in acres).
A plan
of the land may be inspected in the office of the Land Acquisition Officer and
__________________ on any working day.
A
summary of the Rehabilitation and Resettlement Scheme is appended.
Encl:
As above
Place:
Date:
Secretary
to the Government
Form ? XI
[See rule-26]
Land
Acquisition Award
Land
Acquisition Case No.
Name of
the Project - |
||||||
Number and
date of declaration under which the land is to be acquired |
||||||
Situation
and extent of the land in acres, the number of field plots on the survey map,
the village in which situated with the number of mile plan if any. |
||||||
Description
of land, i.e., whether fallow, cultivated, homestead, etc. if cultivated, how
cultivated ? Source of irrigation. |
||||||
Names of
persons interested in the land and the nature of their respective interests. |
||||||
Amount
allowed for the land itself, without trees, buildings etc, if any |
||||||
Amount
allowed out of such sum as compensation for the tenants interest in the land. |
||||||
Basis of
calculation: |
||||||
Amount
allowed for trees, house or any other immovable property |
||||||
Amount
allowed for crops. |
||||||
Additional
compensation on the market value under section 30(3) |
||||||
Damages
under section 28 |
||||||
Solatium
under section 30(1) |
||||||
Award
under sections 23 and 30 |
||||||
Particulars
of abatement of Government Revenue, or of the capitalized value paid, the
date from which the abatement takes effect. |
||||||
Apportionment
of the amount of compensation |
Serial No |
Name of
claimants |
Amount
payable to each |
Bank A/C
No. * |
Remarks |
|
Area (in
acres) |
||||||
Date on
which possession was taken u/s 38(1) of Act of 30/2013. |
Date:
Seal & Signature of the Collector
Bank
account detail to be collected in all cases where Aadhaar number is not
available or Aadhaar is not seeded in the bank account of the claimant.
Form ? XII
[See rule-27]
Award
For Rehabilitation and Resettlement
Land
Acquisition Case No.
1. |
Name of
the Project - |
|||||||
2 |
Number and
date of declaration under which the land is to be acquired |
|||||||
3. |
Situation
and extent of the land in acres, the number of field plots on the survey map,
the village in which situated with the number of mile plan if any. |
|||||||
4. |
Description
of the housing units, transportation cost, housing allowances, annuity,
employment subsistence grant, cattle shed, petty shop, one time resettlement
allowances etc. |
|||||||
5. |
Name/Names
of persons interested in the land and the nature of their respective claim
for rehabilitation and resettlement. |
|||||||
6. |
Apportionment
of the amount of compensation area (in acres) |
Sr. No. |
Name of
claimants/ affected family |
R & R
entitlements |
Bank A/C
No. * |
Amount
payable to each |
Non
monetary entitlements |
Remarks |
(i)House to be allotted (ii) Land to be allotted (iii) Fishing rights (iv) Annuity (v) Employment (vi) Transportation cost (vii) Housing allowances, (viii) Subsistence grant (ix) Cattle shed, Petty shop, (x) One
time resettlement allowances |
||||||||
7. |
Date on
which Rehabilitation and Resettlement entitlements given to the affected
family. |
|||||||
8. |
Basis of
calculation: |
|||||||
9. |
Amount
allowed for trees, house or any other immovable things. |
|||||||
10. |
Amount
allowed for crops. |
|||||||
11. |
Additional
compensation on the market value under section 30(3) of the Act |
|||||||
12. |
Damages
under section 28 |
|||||||
13. |
Solatium
under section 30(1) |
|||||||
14. |
Award
under sections 23 and 30 |
|||||||
15. |
Particulars
of abatement of Government Revenue, or of the capitalized value paid, the
date from which the abatement takes effect. |
|||||||
Appointment
of the amount of compensation |
Sr. No. |
Name of
claimants |
Amount
payable to each |
Bank A/C
No. * |
Remarks |
|||
Area (in
hectares) |
||||||||
16. |
Date on
which possession was taken u/s 38(1) of the Act. |
Date:
Seal
& Signature of the Collector
Bank
account detail to be collected in all cases where Aadhaar number is not
available or Aadhaar is not seeded in the bank account of the claimant.
Form ? XIII
[See rule-27(3)]
Format for Provision of Infrastructural Amenities under
Rehabilitation and Resettlement scheme for families displaced due to Land
Acquisition
Sr. No. |
Components |
Details of infrastructure amenities |
1 |
Roads |
|
2 |
Drainage |
|
3 |
Drinking
water |
|
4 |
Drinking
water for cattle |
|
5 |
Grazing
land |
|
6 |
Fair price
Shops |
|
7 |
Panchayat
buildings |
|
8 |
Post
Offices |
|
9 |
Fertilizer
Storage |
|
10 |
Irrigation
Facilities |
|
11 |
Transport
Facilities |
|
12 |
Burial or
Cremation Ground |
|
13 |
Toilet
points |
|
14 |
Electric connections |
|
15 |
Nutritional
services |
|
16 |
Schools |
|
17 |
Sub-Health
Centre |
|
18 |
Primary
Health Centre |
|
19 |
Play
ground |
|
20 |
Community
Centre |
|
21 |
Places of
worship |
|
22 |
Separate
land for tribal institutions |
|
23 |
Timber
forest produce |
|
24 |
Security arrangements |
|
25 |
Veterinary
services |
|
26 |
Any other
infrastructure amenity |