JHARKHAND RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION AND RESETTLEMENT RULES, 2015[1] The following draft of certain rules, which the Governor of
the State of Jharkhand proposes to make in exercise of the powers conferred by
sub-sections (1) and (2) of Section 109 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30
of 2013) is hereby published, as required by Section 112 of the said Act, for
the information of all persons likely to be affected thereby; and notice is
hereby given that the said draft rules shall be taken into consideration after
the expiry of a period of thirty days from the date of publication in the State
Gazette; 2. Any objection or suggestion which may be received from
any person with respect to the said draft rules within the period so specified
shall be considered by the State Government; Objections or suggestions, if any,
may be sent to the Director (Land Acquisition), Department of Revenue and Land
Reforms, Government of Jharkhand, Ranchi. DRAFT RULES (1)
These rules may be called the
Jharkhand Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Rules, 2015. (2)
They extend to the whole of the State
of Jharkhand. (3)
They shall come into force on the date
of their final publication in the State Gazette. (1)
In these rules, unless the context
otherwise requires, (a)
"Act" means the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013); (b)
"Administrator" means an
officer appointed by the State Government under sub-section (1) of Section 43; (c)
"Affected area" means
village or ward in which land is being acquired. (d)
"Appropriate Government"
means the State Government and includes the Deputy Commissioner of the District
concerned, appointed by the State Government for the area notified under
proviso to the clause (e) of Section 3; (e)
"Authority" means the Land
Acquisition, Rehabilitation and Resettlement Authority/authorities established
by the State Government under sub-section (1) of Section 51; (f)
"Collector" means the Deputy
Commissioner of the district and includes the Additional Collector/Additional
Deputy Commissioner and any other officer designated by the State Government to
perform all or any of the functions of the Collector under the Act i.e.
District Land Acquisition Officer and Special Land Acquisition Officer. (g)
"Commissioner" means the
Commissioner of Rehabilitation and Resettlement as notified by the State
Government; (h)
"Form" means Form to these
rules; (i)
"Section" means section of
the Act; (j)
"SIA" means Social Impact
Assessment; (k)
"SIA Unit" means an agency
or agencies notified by the State Government to carry out the Social Impact
Assessment Study and prepare Social Impact Management Plan; (l)
"Social Impact Assessment"
means an assessment being made under sub-section (1) of Section 4 of the Act; (m)
"Social Impact Management
Plan" means the plan prepared as part of Social Impact Assessment Process
under sub-section (6) of Section 4 of the Act; (n)
"State Government" means the
Government of Jharkhand; (o)
"Gram Sabha" means Gram
Sabha as defined in the Jharkhand Panchayat Raj Act, 2001. (p)
"Urban Area" means Municipal
Area as defined in the "Jharkhand Municipal Act, 2011. (2)
Words and expressions used and not
defined in these rules but defined in the Act, shall have the meaning
respectively assigned to them in the Act. CHAPTER-II : PROPOSAL FOR LAND
ACQUISITION (1)
Proposal for land acquisition shall be
submitted by the Requiring Body to the Collector in Form I together with
following documents, as the case may be: (i)
Proposal in Form I. (ii)
Detailed Project Report. (iii)
Administrative Approval/Proposal of
the concerned department/Requiring body. (iv)
Estimated cost of the project. (v)
Three copies of village map(s) showing
the lands to be acquired. (vi)
Certified copies of the khatiyan of
the lands to be acquired. (vii)
Information as to whether the land is
irrigated multi-cropped land. If it is irrigated multi-cropped land, whether it
is covered under the proviso to Section 10; if not, then what are the
demonstrable exceptional circumstances for acquiring the land. (viii)
Any other document or information
required by the Collector. (2)
Upon receipt of the proposal, the
Collector shall constitute a team of Revenue, Agriculture Officers, Forest
Officers and any other officers authorized by the Collector of the district to
visit the spot and enquire whether the proposal is consistent with the
provisions contained in Section 10. The team shall make field visits with the
requiring body, examine the revenue records, meet the families likely to be
affected and submit a report to the Collector regarding the proposal being
consistent or contrary to the provisions contained in Section 10: Provided that no such enquiry shall be required in cases
where the proposal has been made for the projects covered by the proviso to
Section 10. (3)
If the Collector, based on the report
of the team, other information available with him and instructions issued by
the State Government in this regard, is satisfied that the proposal is
consistent with the provisions contained under Section 10; he shall pass a
speaking order to this effect. If he is satisfied that the proposal is not
consistent with the said provisions, he shall record the reasons in writing and
return the proposal to the requiring body. (4)
If the Collector is satisfied that
proposed land can be acquired, he shall calculate the cost of undertaking SIA,
and direct Requiring Body to deposit the same. However, the estimated cost of
acquisition and Rehabilitation and Resettlement shall be deposited before
publication of declaration under Section 19(1). (5)
After deposit of the estimated cost of
acquisition, the appropriate Government shall proceed with the acquisition in
accordance with the Act and these Rules. (6)
The proviso to sub-clause V of clause
(e) of Section 3 of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (no. 30 of 2013) the
State Government hereby declares the maximum limit of land to be acquired for
public purpose under the said Act by the Collector of the State in their
jurisdiction and Collector of such district shall be deemed to be appropriate
Government. Sl. No. The Purpose of Land Acquisition The area proposed for acquisition of Private Land Appropriate Government. 1. Public Purpose upto 5000 Hectares Deputy Commissioner 2. Public Purpose above 5000 Hectares State Government (1)
The estimated cost of acquisition and
other charges to be deposited by the requiring body under sub-rule (4) of Rule
3 shall be the approximate value of land, value of the assets standing on the
said land, solatium and any other additional compensation amount provided under
the Act, rent of the land for 25 years together with the specified
establishment and contingency charges. However, ten per cent of the gross
rental amount would be deducted on account of collection charges. (2)
Establishment charges shall be as
follows: (i)
Establishment Charge for Land
Acquisition shall be 5 per cent of compensation. (ii)
Establishment charge of Rehabilitation
and Resettlement shall be 5 per cent of the Rehabilitation & Resettlement
compensation. (iii)
Establishment Charge for SIA study
will be 5 per cent of the SIA fee. (3)
The contingency charges shall be 0.5
per cent of the SIA fee, compensation amount of land award and Rehabilitation
and Resettlement award. (4)
The requiring body shall deposit the
estimated cost of acquisition including establishment and contingency charges
by way of bank draft to the Collector and the Collector shall deposit the cost
of Land Acquisition in the Public Deposit Account in the district treasury. (5)
The Collector shall thereafter cause
to deposit the Establishment Charges in the land revenue head-0029008000001
through challan. (6)
The Collector shall also cause to
deposit the contingency charges in the savings account to be jointly operated
by District Land Acquisition Officer and Deputy Commissioner. The contingency
charges shall be spent on stationery, other contingent expenses like expenses
on computer, computer operator, Amins, Drafts men or any purpose as decided by
Deputy Commissioner. (7)
The requiring body shall have to
deposit the remaining amount, if any, after final estimate is prepared and any
excess amount if awarded by the Authority or a competent court in the same
manner. (8)
The requiring body shall also be
required to deposit the amount calculated for Rehabilitation and Resettlement
with the appropriate Government for project affected person in the same manner. CHAPTER-III : SOCIAL IMPACT ASSESSMENT Where any land is proposed to be acquired invoking urgency
provisions under Section 40, or any other Social Impact Assessment Study
exempted public purpose project, Deputy Commissioner shall pass speaking order
for exemption from undertaking Social Impact Assessment Study in such
acquisition. In cases where State Govt. is Appropriate Government, the
Collector shall submit his recommendation to State Government and based on
which the State Government shall pass such a speaking order which will be
communicated to the Collector. The Collector thereafter shall proceed with the
acquisition in accordance with the Act and these Rules. (1)
The Appropriate Government shall, for
the purposes of the Act, issue a notification for carrying out Social Impact
Assessment (SIA) in accordance with Part-B of FORM-II of these rules and the
same shall be made available in the Hindi language to the Gram Panchayat, Nagar
Parishad, Nagar Panchayat or Municipal Corporation, Notified Area Committee and
cantonment areas the case may be, and in the offices of the Deputy
Commissioner, the Sub-Divisional Officer, Additional Collector, District Land
Acquisition Officer, Special Land Acquisition Officer and the Anchal Adhikari.
The notification shall also be published in two daily Hindi and English news
papers circulating in the affected area, and also by way of a public notice in
Hindi language to be published by affixing it at some conspicuous places in the
affected areas and shall be uploaded on the website of the Appropriate
Government. The Appropriate Government shall notify the name of the SIA Unit to
carry out such Social Impact Assessment Study: Provided that, such notification shall be issued within a
period of thirty days from the date of deposit of the processing fee for
carrying the SIA study by the Requiring Body, as determined by the State
Government under sub-rule (1) of Rule 7. (2)
The SIA shall be conducted in
consultation with concerned Panchayat, Nagar Parishad, Nagar Panchayat or
Municipal Corporation, as the case may be, at village level or ward level in
the affected areas, for the purposes of Section 4 of the Act, followed by a
public hearing at the affected areas by giving adequate publicity about the
date and time and venue for the public hearing to ascertain the views of the
affected families which shall be recorded in writing. (3)
The Social Impact Assessment Report
shall be submitted in FORM-III to these rules to the Appropriate Government
within a period of six months from the date of its commencement and shall
include the views of the affected families recorded in writing. (4)
The Social Impact Management Plan
(SIMP) listing the ameliorative measures required to be undertaken for
addressing the impact of the project under sub-section (6) of Section 4 shall
be submitted in FORM-IV to these rules to the Appropriate Government. (5)
The SIA Report and the Social Impact
Management Plan shall be made available in the Hindi language to the concerned
Gram Panchayat, Nagar Parishad, Nagar Panchayat or Municipal Corporation, at
village level or urban ward level in the affected areas and in the Offices of
the Deputy Commissioner, Additional Collector, District Land Acquisition
Officer, Special Land Acquisition Officer, Sub-Divisional Officer and Anchal
Adhikari. Summary of Social Impact Assessment report and Social Impact
Management Plan shall also be published in two daily newspapers circulating in
the affected areas, and also by way of a public notice to be published by
affixing it at some conspicuous places in the affected areas and shall be
uploaded in the website of the Appropriate Government. (1)
The State Government shall notify an
agency or agencies as a State SIA unit for carrying out the Social Impact
Assessment study. The State SIA unit shall be responsible for ensuring that SIA
is conducted through SIA team as per the provision of the Act for all cases of
land acquisition. (2)
The State SIA Unit shall undertake the
following tasks namely: (a)
build and continuously expand a State
Database of Qualified SIA Resource Partners and Practitioners, which will serve
as a network of individuals and institutions with the required skills and
capacities to conduct SIAs for land acquisition and Rehabilitation and
Resettlement; (b)
respond immediately to the State
Government or Deputy Commissioner's request for an SIA to be conducted by
preparing a project-specific Terms of Reference (hereinafter referred to as
ToR); (c)
conduct training and capacity building
programmes for the SIA team and community 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 SIA process; (e)
as early as possible, the transaction
based web-based workflow for SIAs and MIS for land acquisition and
Rehabilitation and Resettlement as specified in Rule 15 is maintained and that
all relevant documents are disclosed as per the provisions of the Act; (f)
maintain, catalogue of all SIAs and
associated primary material; and (g)
continuously review, evaluate and
strengthen the quality of SIAs and the capacities available to conduct them
across the State. (3)
If at any stage, the SIA team or SIA
Unit is unable to complete the SIA process and prepare the SIA Report or SIMP
due to incapacity or otherwise, the Appropriate Government shall blacklist the
SIA team or SIA Unit through a show cause. It may allot the SIA study to
another SIA Unit or constitute another SIA team, as the case may be, to
complete the Social Impact Assessment Process. (1)
Where the Appropriate Government
intends to acquire land, the proposal for such land acquisition shall be sent
along with all the relevant documents to the State SIA Unit, which shall- (a)
prepare a detailed project-specific
ToR for each proposal of land acquisition, listing all the activities that must
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 SIA as detailed in Part-A of FORM-II to these rules; (b)
determine in consultation with the
Appropriate Government an estimated SIA fee based on the ToR with clear
break-up of costs for each item or activity. The fee amount shall be based on
defined parameters including area, type of project and number of affected
families. (2)
Ten per cent of the SIA fee shall be
allocated to SIA Unit as administrative expenses for preparing the Terms of
Reference (ToR) and estimated SIA fee report and to submit the same to the
Appropriate Government. (3)
The Requiring Body shall deposit the
SIA fee in the Scheduled Bank account of the Collector opened for the purpose. (1)
The State SIA Unit shall be
responsible for selecting the SIA team for each project from the individuals
and institutions registered or empanelled in the State Database of Qualified
SIA Resource Partners and Practitioners. (2)
The Requiring Body shall not be
involved in any way in the appointment of the SIA team being appointed to carry
out the SIA. (3)
The size and selection criteria for
the SIA team shall be as per the project-specific ToR developed by the State
SIA Unit. (4)
The SIA team may be constituted by
appointing individuals or an organization with experience in conducting SIAs or
related field-based assessments and the team may include at least one women
member. (5)
A team leader shall be appointed from
amongst the SIA team to liaison with the State SIA Unit throughout the
assessment period. (6)
While selecting the SIA team, it is to
be ensured that there is no conflict of interest involving the team members
appointed to assess the concerned project. (7)
(i) 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. (ii) All the members of the SIA team shall give an
undertaking that any team member or any family member of the team member
directly or indirectly shall not receive any benefit from the Requiring Body or
any stake holder in the project. (1)
The SIA team shall collect and analyze
a range of quantitative and qualitative data, undertake detailed site visits,
use participatory methods such as focussed group discussions, participatory
rural appraisal techniques and informal interviews in preparing the Social
Impact Assessment report. (2)
All relevant project reports and
feasibility studies shall be made available to the 'SIA team throughout the SIA
process, as required. Any request for information from SIA team shall be met at
the earliest but not exceeding seven days. The Deputy Commissioner shall be
responsible for providing the information which is available on record
requisitioned by the SIA 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 SIA team.
The assessment shall determine the following, namely: (a)
area of impact under the proposed
project, including both land to be acquired and areas that will be affected by
environmental, social or other impacts of the project; (b)
area and location of land proposed to
be acquired for the project; (c)
the land proposed for acquisition is
the bare minimum required; (d)
possible alternative sites for the
project and their feasibility; (e)
whether the land proposed for
acquisition is irrigated multi-cropped land and if so, whether the acquisition
is a demonstrable last resort; (f)
land, if any, already purchased,
alienated, leased or acquired, and the intended use for each plot of land
required for the project; (g)
the possibility of use of Government
unutilized and unsettled land for the project. (h)
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; (i)
the special provisions with respect to
food security have been adhered to in the proposed land acquisition; (j)
size of holdings, ownership patterns,
land distribution, number of residential houses, and public and private
infrastructure and assets; and (k)
land prices and recent changes in
ownership, transfer and use of lands over the last three years. (4)
Based on the land assessment, land
records and field verification, the SIA 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. (5)
A socio-economic and cultural profile
of the affected area must be prepared, based on available data and statistics,
field visits and consultations as per FORM-III to these rules: 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 SIA team 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 to these rules. (7)
i. The SIA process includes the
preparation of a Social Impact Management Plan (SIMP), which will present the
ameliorative measures to be undertaken to address the social impacts identified
in the course of the assessment. ii. The SIA team must assess the viability of impact
mitigation and management strategies with clear indication of costs, timelines
and capacities. iii. The SIMP shall include the following measures (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 will undertake in the project proposal and other relevant project
documents; and (c)
that additional measures being
undertaken by the Requiring Body, which has been undertaken by it in response
to the findings of the SIA process and public hearings. (d)
The SIA team must 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. (1)
Public hearings shall be held in the
affected areas to bring out the main findings of the SIA, seeking feedback on
the findings and to seek additional information and views for incorporating the
same in the final documents. (2)
Public hearings shall be conducted in
the Gram Sabhas or Ward Sabha of the affected areas. (3)
The date and venue of the public
hearing must be announced and publicized two weeks in advance through public
notice, advertisement in two daily Hindi and English newspapers and uploading
the information on the website of the Appropriate Government. (4)
i. The draft SIA report and Social
Impact Management Plan shall be published in the Hindi language two weeks prior
to the public hearing and distributed to all affected Gram Panchayats and
Municipal offices. One copy of the draft report shall be made available in the
Deputy Commissioner's office. ii. 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. (5)
A member of the SIA team shall
facilitate the public hearing. The concerned Anchal Adhikari, Circle Inspector
and Halka Karmcharies shall also be present in the public hearing to assist the
SIA team. (6)
All the proceedings shall be held in
the Hindi language as for as possible in Tribal Areas in presence of credible
translators to ensure that all the participants could understand and express
their views. (7)
Representatives from the Requiring
Body and District Land Acquisition Officer and Administrator shall also attend
the public hearing and address the questions and concerns raised by the
affected parties. (8)
The proceedings of the public hearing
shall be video recorded and transcribed accordingly. This recording and
transcription shall be submitted along with the final SIA report and SIMP to
the Collector. (9)
After the conclusion of the public
hearings, the SIA 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 SIA report accordingly. (10)
Every objection raised in the public
meeting shall be recorded and the SIA team shall ensure that the every
objection shall be considered in the SIA report. The SIA Report and SIMP shall be prepared in the Hindi
language and shall be made available to Gram Panchayat, Nagar Parishad, Nagar
Panchayat or Municipal Corporation, as the case may be, and the offices of the
Deputy Commissioner, the Sub-Divisional Officer and the Anchal Adhikari and
shall be uploaded on the website of the Appropriate Government. (1)
For this purpose Collector will be
appropriate Government. Collector will constitute the expert group. The Expert
Group constituted under sub-section (1) of Section 7 of the Act shall evaluate
the SIA 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 made available in the Hindi language to the concerned Panchayat,
Nagar Parishad, Nagar Panchayat or Municipal Corporation, at village level or
ward level in the affected areas and in the Offices of the District Collector,
the Sub-Divisional Officer and the Anchal Adhikari and shall be uploaded on the
website of the Appropriate Government. (1)
The Appropriate Government shall
examine the Social Impact Assessment report, the recommendations of the Expert
Group, report of the Collector, if any, and decide such area for acquisition
which would ensure minimum displacement of people, minimum disturbance to the
infrastructure, ecology and minimum adverse impact on the individuals affected. (2)
The decision of the Appropriate
Government under sub-rule (1) shall be made available in the Hindi language to
the concerned Gram Panchayat, Nagar Parishad, Nagar Panchayat or Municipal
Corporation at village level or ward level in the affected areas and in the
Offices of the Deputy Commissioner, Additional Collector, District Land
Acquisition Officer, Special Land Acquisition Officer, Sub-Divisional Officer and
the Anchal Adhikari and shall be uploaded on the website of the Appropriate
Government. The State Government shall create a dedicated, as early as
possible, user-friendly website that may serve as a public platform on which
the entire work flow of each acquisition case will be hosted, beginning with
the notification of the SIA and tracking each step of decision-making, implementation
and audit. Parameters and a table of contents for the Social Impact
Assessment Study and the Social Impact Management Plan are given in FORM-III
and IV to these rules which should be used by the SIA team while preparing its
report. To ensure acquisition of minimum amount of land and to
facilitate the utilization of unutilized Government Lands, the State Government
may prepare a district-level inventory report of waste, barren and unutilized
Government Land, and land available in the Government land bank and that may be
made available to the SIA team and Expert group. The inventory report shall be
updated from time to time. In case of acquiring irrigated multi-crop land, as
demonstrable last resort, the total acquired irrigated multi-crop land the
district should not exceed two per cent of total irrigated multi-crop land in
that concerned district or special exemption notification issued by State
Government for that concerned district. (1)
In case land is sought to be acquired
for the purposes as specified under sub-section (2) of Section 2, the prior
consent of the affected land owners as per provisions of sub-section (2) of
Section 2 shall be obtained by the Deputy Commissioner concerned in PART-A of
FORM-V to these rules along with the Social Impact Assessment study. (2)
The concerned Deputy Commissioner may constitute
a team of officers under his control to assist him in the process of obtaining
the prior consent. (3)
The Collector shall take necessary
steps for updating the records relating to land rights, title in the land and
other revenue records in the affected areas, so that the names of land owners,
occupants of the land and individuals are identified for initiating the prior
consent process and land acquisition. (1)
(i) 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 Deputy
Commissioner in consultation with the Social Impact Assessment team. (ii) The list shall be made available in the affected area
by displaying the list in conspicuous places of the affected areas for at least
ten days before obtaining consent. (2)
In case of any objection, the view of
the objector shall also be taken, and reason for doing so shall be recorded in
writing and conveyed to the concerned person within 10 days. (3)
The District Collector shall in
consultation with the representatives of Gram Panchayats, Nagar Parishad, Nagar
Panchayat or Municipal Corporations, as the case may be, notify the date, time
and venue at least two 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 Hindi language
at least two weeks in advance of the meeting of the affected land owners to
each and every affected land owner. (5)
i. The Requiring Body or his/her
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. ii. The terms and conditions, Rehabilitation and
Resettlement, compensation and other measures committed by the Requiring Body
shall be explained to the members in the Hindi language and also local tribal
language if substantial population is tribal and signatures of the members as
well as the representative of Requiring Body shall be obtained on such terms
and conditions. (6)
i. At the conclusion of the meeting,
each individual land owner shall be asked to give his consent on the
declaration form whether he or she gives or withholds consent for the
acquisition of land involved. ii. A copy of this declaration with the attached terms and
conditions shall be given to the land holder concerned. The declaration Form
shall be countersigned by the Collector, Additional Collector, Anchal Adhikari
on its receipts. (7)
i. Arrangement shall be made for those
who could not attend the land owners meeting. They may submit their signed declarations
to the Collector or the Anchal Adhikari within fifteen days from the date of
land owners meeting. ii. The declaration Form shall be counter-signed by the
Collector, Additional. Collector or Anchal Adhikari on its receipt and a copy
of the declaration, with the attached terms and conditions shall be handed over
to the affected landowner consent may be given or withheld by signing and+
declaration Form or by affixing thumb impression on it. (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)
Members of the Social Impact
Assessment team shall be present to assist the affected land owners meeting. (10)
No land holder can withdraw his
consent once given in the above manner. (1)
In case of acquisition of land in
Scheduled Areas mentioned in the Fifth Schedule of the Constitution of India,
the consent of Gram Sabha shall be obtained by the Collector in PART B of FORM
V to these rules. He shall notify the date, timing and venue for holding
special Gram Sabhas in the affected areas before two weeks in advance and
conduct public awareness campaigns to motivate members of the Gram Sabhas to
participate in the Gram Sabhas. The consent for Land Acquisition shall be taken as per the
Panchayat Raj Extension to Scheduled Areas Act, 1996 and provision mentioned
u/s. 41 of the Act. For linear projects, Gram Sabha may be conducted at the
level of Gram Panchayat for the area involving more than one village, at
Panchayat Samiti level for projects involving more than one Gram Panchayat, at
District Board level for projects involving more than one block in a district. (2)
The procedure to be followed to obtain
the prior consent of the Gram Sabha shall be same as prescribed under Rule 19. (3)
The quorum shall be at least one third
of the total members of the Gram Sabha for considering the consent as valid: Provided that one third of the total women members of
attending members of the Gram Sabha shall also be present in the Gram Sabha
meeting. If in the first Gram Sabha meeting, the quorum is not
available, then in subsequent meeting quorum is not necessary. (4)
No Gram Sabha can withdraw her consent
once given in the above manner. (1)
The Collector shall notify and publish
the date, time and venue of Gram Sabhas, Gram Panchayats and affected land
owners meetings for obtaining the consent and organise public awareness
campaigns to encourage participation of the affected land owners in the consent
processes. (2)
The Collector shall ensure that the
following are provided at least two weeks in advance to every member from whom
consent is sought, in the Hindi language, namely: (a)
A copy of the draft SIA report (if
readily available) in the Hindi language; (b)
Initial package being offered for
compensation and Rehabilitation and Resettlement; (c)
A written statement signed by the
Deputy Commissioner, certifying that there will 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 (d)
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 Deputy Commissioner or any
official appointed by the Deputy Commissioner shall attend the Gram Sabhas,
Panchayats and land owners meetings. (1)
The Requiring Body shall appoint
representatives competent to take decisions and negotiate terms and condition
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 by the Appropriate Government. CHAPTER-V : NOTIFICATION AND
ACQUISITION (1)
After conclusion of the Social Impact
Assessment study and consent of the affected persons or Gram Sabha, as the case
may be, when it appears to the Appropriate Government that land is required or
likely to be required in any area for any public purpose, a preliminary
notification shall be issued in FORM VI. In case of Land Acquisition u/s. 40 or
any other SIA study exempted project, the preliminary notification shall be
issued in Form-VIA. (2)
The preliminary notification shall be
published in the manner provided in Section 11 of the Act. (3)
A copy of the notification shall be
affixed at some conspicuous places in the affected areas. (4)
After issuing the preliminary
notification, the Collector shall undertake and complete the exercise of
updating land records within a period of two months as specified here as under (a)
Delete the entries of dead 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 mortgage in
the land records; (e)
Delete the entries of mortgage in case
the lending agency issues letter towards full payment of loans taken; (f)
Make necessary entries about the
individuals are communities' rights as given under The Scheduled Tribes and
Other Traditional Forest Dwellers Rights Act, 2006; (g)
Make necessary entries in case of the
Government land if settled with eligible person as per the provisions of State
Government; (h)
Make necessary entries in respect of
assets in the land like trees, wells, etc.; (i)
Make necessary entries of usufructuary
mortgage as per the Tenancy Law; (j)
Make necessary entries of crops grown
or sown and the area of such crops; and (k)
Any other entries or up-dation in
respect of land acquisition, Rehabilitation and Resettlement. (1)
Upon receipt of a report of the
Collector as provided under sub-section (2) of Section 15, a declaration for
acquisition of the land under sub-section (1) of Section 19 of the Act along
with the summary of the Rehabilitation and Resettlement Scheme shall be made by
the Appropriate Government in FORM VII. However, no such declaration shall be
made unless the requiring body has deposited an amount in full towards the cost
of acquisition of the land and cost of Rehabilitation and Resettlement with the
Collector. (2)
Such declaration shall be published in
the affected areas by way of affixing a copy of the declaration at some
conspicuous place in the Gram Panchayat, Nagar Parishad, Nagar Panchayat or
Municipal Corporation under which the affected area falls. (3)
The date of publication shall be the
date of publication of declaration under sub-section (1) of Section 19. CHAPTER-VI : REHABILITATION AND
RESETTLEMENT SCHEME (1)
On publication of the preliminary
notification under sub-section (1) of Section 11 by the Collector, the
Administrator for Rehabilitation and Resettlement shall, himself or through
District Land Acquisition Officer, Additional Collector or Deputy Collector Land
Reforms or Anchal Adhikari or by out-sourcing the work to any agency, conduct a
survey and undertake a census of the affected families within a period of three
months from the date of publication of such preliminary notification. (2)
In the survey conducted and the census
of the affected families so undertaken by the Administrator, he shall collect
the data based on the SIA report as well as collect the data from the secondary
sources such as Panchayat and Government records and verify that data by door to
door visit of the affected families and by site visits in case of
infrastructure in the affected area. (3)
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
following: (i)
List of likely to be displaced
families; (ii)
List of infrastructure in the affected
area; (iii)
List of land holdings in the affected
area; (iv)
List of businessmen in the affected
area; (v)
List of landless people in the
affected area; (vi)
List of persons belonging to
disadvantageous groups like persons belonging to Scheduled Castes or Scheduled
Tribes, handicapped persons in the affected area; (vii)
List of landless agricultural
labourers in the affected area; (viii)
List of unemployed youth in the
affected area. (4)
The Administrator shall prepare
comprehensive and detailed draft Rehabilitation and Resettlement Scheme as for
as possible. (5)
The Administrator shall by way of
public notice publish the summary of draft scheme in two local daily newspapers
circulating in the affected area so that people come to know of the draft
scheme. (6)
The Administrator or an officer
authorized by him shall conduct a public hearing in the affected areas on such
a date, time and venue as deem fit but not earlier than fifteen days of the
publication of the draft scheme. The provision of Rule 10 relating to the
public hearing shall, mutatis mutandis, apply to the public hearing in this
case also. Additional Collector of the district will be Administrator
of the concern districts. Duties and responsibilities of the Administrator are
as follows (a)
To conduct a survey and undertake a
census of the affected families in the manner and within time as provided under
Rule 25; (b)
To prepare a draft Rehabilitation and
Resettlement Scheme; (c)
To publish the draft scheme by the provided
under Rule 25; (d)
To make the draft scheme available to
the concerned persons and authorities; (e)
To organize and conduct public
hearings on the draft scheme; (f)
To provide an opportunity to the
Requiring Body to make suggestions and comments on the draft scheme; (g)
To submit the draft scheme to the
Collector; (h)
To publish the approved Rehabilitation
and Resettlement Scheme in the affected area; (i)
To help and assist the Collector in
preparing the Rehabilitation and Resettlement award; (j)
To monitor and supervise the
implementation of the Rehabilitation award; (k)
To assist in post-implementation audit
of Rehabilitation and Resettlement, and (l)
Any other work required to be done for
Rehabilitation and Resettlement. (1)
The Commissioner of Rehabilitation and
Resettlement by way of public notice shall publish a summary of the approved
Rehabilitation and Resettlement Scheme as finalized by him under Section 18 of
the Act in the two local daily Hindi and English newspapers circulating in the
affected area and website of Appropriate Government for making it known to the
general public. (2)
The copies of the approved scheme
shall be made available in the offices of the District Collector, Additional
Collector, Sub-divisional Officer, District Board, Panchayat Samiti, Gram
Panchayat and Administrator of the concerned area. (1)
The affected families of the projects
where preliminary notification under sub-section (1) of Section 11 is issued
are only entitled to receive elements of rehabilitation and resettlement as per
the Second and Third Schedules of the Act as applicable. (2)
While offering twenty percent of the
developed land when the land is acquired for urbanization purposes, then in
that case, the land used for the components of infrastructure amenities shall
not be taken into account for the calculation of twenty percent of developed
land. (3)
Where jobs are created through the
project, the requiring body shall arrange for suitable training and skill
development in the required field in cases where choice of employment is given
and accepted by the project affected family under Second Schedule of the Act. (4)
The Requiring Body shall arrange for
training facilities to the project affected persons for development of
entrepreneurship, technical and professional skills for self employment. (5)
In case of a project involving land
acquisition on behalf of a Requiring Body which involves involuntary
displacement of the Scheduled Castes or Scheduled Tribes families, a
Development Plan in FORM VIII shall be prepared by the Collector in
consultation with the affected families. The said plan shall be read out and
discussed during the public hearing of Rehabilitation and Resettlement scheme
and finalized. CHAPTER-VII : AWARD AND COMPENSATION (1)
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 (1) of
Section 21, shall make land acquisition Award under Section 23 of the Act in
the FORM IX and in accordance with the provisions contained under Rule 30 of
these rules. (2)
The Collector while calling the claims
of the persons interested in the land to be acquired as per Section 21 shall
give a notice to the Requiring Body. The Requiring Body may express its opinion
with the Collector regarding the amount of the compensation including the
market value of the land to be acquired. (3)
It shall be the duty of the Collector
to ensure that the Award is made within the period prescribed under Section 25
of the Act. (1)
The Collector shall also make
Rehabilitation and Resettlement Award for each affected families in accordance
with the Second Schedule of the Act or as per the negotiated agreement reached
with the affected families where consent is involved and hand over family wise
Awards to each affected family in the FORM X. (2)
The Collector shall also issue orders
for provision of infrastructure facilities to be provided for every
resettlement area, in the FORM XI. (3)
The Commissioner, Rehabilitation and
Resettlement shall closely monitor the implementation of Rehabilitation and
Resettlement Scheme. (1)
The compensation shall be calculated
as per the provisions laid down under Section 26 to Section 30 read with the
First Schedule of the Act and paid to all parties whose land or other immovable
property has been acquired. (2)
Compensation shall be given to
agriculture labourers, usufructuary mortgagor, small traders and artisans
referred to in sub-clause (ii) of clause (c) of Section 3 of the Act at the
following rates: (i)
In case of an agricultural labourer, a
lump sum amount equivalent to the current minimum wages of two hundred days
shall be paid. (ii)
The usufructuary mortgagor shall be
paid a lump sum amount of Rs. twenty five thousand per acre of the land they
cultivate as usufructuary mortgagee. (iii)
In case of artisans or small traders
who may be working in the affected area for three years prior to the
acquisition of the land shall be paid current minimum wages of two hundred
days. (3)
The payment of compensation shall be
made within a period of 15 days by organizing disbursement camps and through
account in Scheduled Bank. (4)
The date of determination of the
market value shall be the date on which the preliminary notification was issued
under Section 11. (5)
Where the words "near vicinity
area" have been used in Explanation I of Section 26, they shall be taken
to mean the land holdings immediately contiguous to the land whose acquisition
is taking place. (6)
For an acquisition process that takes
place in phases and where land is acquired sequentially, the base rate as
calculated under Section 26 shall be taken to be effective rate for all
affected families to be compensated across the entire area to be acquired for
the said acquisition. (7)
The amount involved in award of an
area of 5000 hectare of land the Deputy Commissioner will be competent
authority. The amount involved in award of more than of an area of 5000 hectare
the State Government will be competent authority. The amount of compensation
involved more than of an area of 5000 hectare prior approval of the State
Government shall be mandatory before declaration of land acquisition award. (8)
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 (1) of Section 33 and such person refused to refund the said
excess amount paid to him, then such amount shall be recovered from him as an
arrear of land revenue. The Provisions relating to rehabilitation and resettlement
under these rules shall apply in the cases where any person other than a
specified person purchases land exceeding 2000 hectares in Rural and Urban Area
through private negotiations with the owners of the land. CHAPTER-VIII : REHABILITATION AND
RESETTLEMENT COMMITTEE AND STATE MONITORING COMMITTEE (1)
The Deputy Commissioner 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 Nagar Parishad, Nagar
Panchayat or Municipality, as the case may be, in the urban area. (2)
The Committee shall have its first
meeting when a draft Rehabilitation and Resettlement Scheme has been prepared
by the Administrator. The Committee shall discuss the scheme and make
suggestions and recommendations. Thereafter, the Committee shall meet and
review and monitor the progress of the 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 members of the Committee shall get
travelling and daily allowance at the rate admissible to the Class I Officers
of the State Government and amount will be paid by Deputy Commissioner from the
fund provided for these purposes by the project authority. (1)
The State Government shall constitute
a State Monitoring Committee for monitoring and reviewing the implementation of
Rehabilitation and Resettlement Schemes under the Act. (2)
The State Monitoring Committee shall
have its first meeting for reviewing and monitoring the implementation of the
Rehabilitation and Resettlement Schemes within a month from the notification of
this rule. Thereafter, the meetings of the Committee shall be held once in six
months to review and monitor the implementation of the Rehabilitation and
Resettlement Schemes. (3)
The members of the State Monitoring Committee
shall get travelling and daily allowance at the rate admissible to the
Secretary rank Officers of the State Government from the Budget of Revenue
Department. CHAPTER-IX : LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT AUTHORITY (1)
The State Government shall establish,
by notification in the Official Gazette, the Land Acquisition, Rehabilitation
and Resettlement Authority at the headquarters of every revenue division in the
State to exercise jurisdiction, powers and authority conferred on it by or
under the Act: Provided that till such an Authority is established, the
State Government with the consent of the Jharkhand High Court may declare
Courts of the District Judges of the concern district to act as the Land
Acquisition, Rehabilitation and Resettlement Authority. (2)
The jurisdiction of every Authority
shall be such as may be described in the notification establishing the
Authority. (3)
The Presiding Officer of such
Authorities shall be appointed by the State Government in consultation with the
Chief Justice of Jharkhand High Court by issuing notification in the official
gazette. (4)
The salaries, allowances and
conditions of service of the Registrar and other officers and staffs of the
Authority shall be the same as applicable to the officers and staffs of similar
grades working in the State Government. (5)
The salary and allowances of the
Presiding Officer of the Authority shall be same as applicable to a district Judge
working in the State: Provided that in case of a retired district Judge appointed
as a Presiding Officer he shall be entitled to a salary equivalent to the
remuneration last pay drawn by him at the time of his retirement minus the
pension. In addition, he shall draw his pension and other benefits accrued to
him under the concerned rules applicable to him. (6)
The other service conditions of the
Presiding Officer shall be the same as applicable to a district Judge working
in the State of Jharkhand. (1)
The Land Acquisition, Rehabilitation
and Resettlement Authority shall have the powers of a civil court in the
matters of recovery of any rehabilitation and resettlement benefits availed
through false claims or fraudulent means. (2)
If any case of availing benefits of
rehabilitation and resettlement benefits by any person comes to the notice, the
Collector shall make a reference to the Authority which shall adjudicate the
matter. After adjudication is made by the Authority, the benefits thus availed
shall be liable to be recovered by the Collector as an arrear of land revenue,
in case of the said benefits have been availed in terms of money, and by evicting
the wrong doer from the land and houses if the said benefits have been availed
in terms of land and houses. (3)
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. (1)
Where any land acquired under the Act
remains unutilized for a period specified for setting up any project or for
five years from the date of taking over the possession, whichever is later, the
same shall be returned to the Land Bank of the State 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 the necessary written order by the
State Government in this behalf. (2)
After passing the written order as
above the State Government may direct the Collector to take the possession of
the acquired land for the purpose of returning the same to the Land Bank of the
State Government. (3)
If the Requiring Body does not
handover possession of the said land to the Collector, then Collector shall be
competent to take the help of Executive Magistrate and police force to take the
possession by giving prior notice to the Requiring Body. The forms mentioned in these Rules, templates for
calculation of estimates are given in the Schedule appendix with these Rules. (1)
If any difficulty arises as to the
interpretation of any provisions of this Rule or in the implementation of such
provisions, the Department of Revenue and Land Reforms shall have powers to
issue directions for the purpose of removal of the difficulties. The directions
so issued shall be binding on all concerned. The Department of Revenue and Land Reforms shall be
competent to amend or rectify the schedule as and when necessary. FORM-I FORM-II FORM-III FORM-IV FORM-V FORM-VI FORM-VI FORM-VIII FORM-IX FORM-X FORM-XIJHARKHAND RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT RULES, 2015
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