Whereas the draft of certain rules,
which the State Government proposes to make in exercise of the powers conferred
by sub-section (1) of Section 109 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30
of 2013) was published, as required by Section 112 of the said Act, in an
Extraordinary issue of the Odisha Gazette No. 1480/N. dated 19th October, 2015
under the notification of the Government of Odisha in Revenue & Disaster
Management Department No. 29814-R&REH-24/2015., dated the 19th October,
2015, inviting objections and suggestions from all persons likely to be
affected thereby till the expiry of a period of fifteen days from the date of
publication of the said notification in the Odisha Gazette; And, whereas, no objection or
suggestion on the said draft has been received by the Government during the
stipulated period; Now, therefore, in exercise of the
powers conferred by sub-section (1) of Section 109 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013), the State Government do hereby make the
following rules, namely: CHAPTER-I PRELIMINARY (1)
These rules may be called the Odisha Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Rules, 2016. (2)
They shall extend to the whole of the State
of Odisha. (3)
They shall come into force on the date of
their publication in the Odisha 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)
"Central Government" means the
Government of India; (c)
"District Collector" means the
officer appointed by the State Government as Collector and District Magistrate
for a District; (d)
"District Office" means office of
the District Collector; (e)
"Form" means forms appended to
these rules; (f)
"Land Acquisition Collector" means
the Deputy Collector or any other officer designated as Land Acquisition
Officer or Special Land Acquisition Officer by the State Government to perform
all or any of the functions of Collector under the Act; (g)
"landless" means landless person as
defined in the Odisha Prevention of Land Encroachment Act, 1972; (h)
"R and R" means Rehabilitation and
Resettlement; (i)
"Secretary/Commissioner R & R"
means an officer not below the rank of Additional Secretary appointed by the
Government; (j)
"Section" means section of the Act; (k)
"SIA" means Social Impact
Assessment made under sub-section (I) of Section 4; and includes with grammatical
variations and SIA team shall be constituted accordingly; (l)
"SIMP" means the Social Impact
Management Plan prepared as part of the Social Impact Assessment study under
sub-section (6) of Section 4. (2)
The words and expressions used but not
defined in these rules, but defined in the Act unless the context otherwise
requires, shall have the same meaning as assigned to them in the Act. Whenever any Requiring Body proposes acquisition
of land for public purpose, the detailed proposal for acquisition of land shall
be submitted by the Requiring Body in Form-'A' with the approval of the
Department to which the project relates, to the concerned District Collector
and if the land under proposed acquisition includes double cropped irrigated
land, the District Collector shall forward the proposal to the Agriculture
Department for their recommendation keeping in view the provision contained in
Section 10 and the Agriculture Department with their recommendation or
objections, if any, shall return the same to the District Collector. (1)
On receipt of the application in Form-A
completed in all respect, the District Collector, shall make summary scrutiny
of the application and on being satisfied, shall forward it to the authority
conducting SIA study with copy to the Department dealing with the subject
matter of land acquisition and the Department to which the project relates. (2)
The District Collector shall send the land
particulars of the proposed project area to the Tahasildar for updating the
record-of-rights within a period of three months and where necessary, the
Tahasildar shall obtain a plot-wise encumbrance from the concerned
Sub-Registrar or Registrar to initiate suo motu mutation proceedings to ensure
that updation of records is complete. (1)
Settling land rights due, but not settled and
restoring of the titles of the Scheduled Tribes as well as the Scheduled Castes
and other eligible families on the land to be acquired for public purpose shall
be undertaken as a special drive together with land acquisition and immediately
after the notification issued under section 4, the process of recognition and
vesting of forest rights shall also be undertaken under the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006,
and the rules made thereunder. (2)
The District Collector shall take monthly
review meetings on restoration of titles, settlement of rights and updation of
the records. (1)
The State Government shall establish an
independent organization (hereinafter referred to as the State SIA Unit), which
shall be responsible for ensuring that the SIA study is conducted by such
persons or bodies other than the Requiring Body as per the provisions of the
Act. (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 shall
serve as network of individuals and institutions with the required skills and
capacities to conduct SIA for land acquisition, Rehabilitation and Resettlement; (b)
respond immediately to the appropriate
Government's request for SIA study 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 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)
ensure that the transaction based, web-based
workflow for SIA and Management Information System for land acquisition,
Rehabilitation and Resettlement is maintained and that all relevant documents
are disclosed as per the provisions of the Act; (f)
maintain catalogue of all SIA and associated
primary material; (g)
continuously review, evaluate and strengthen
the quality of SIAs and the capacities available to conduct them across the
State; and (h)
form group of District Level Resource persons
comprising of minimum twenty persons with experts. (3)
(a) The Secretary or Commissioner Rehabilitation
and Resettlement shall act as State Level Nodal Officer for facilitating State
Level SIA unit for ensuring completion of SIA studies within the stipulated
period. (b) Additional District Magistrate
shall act as District Level Nodal Officer to facilitate SIA teams for ensuring
completion of SIA studies for each project within the stipulated period. (1)
After receipt of proposal from the District
Collector, the State SIA Unit 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, 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 Form-B; and (b)
determine an estimated SIA fee based on the
ToR with clear break-up of costs for each item or activity which shall be based
on the parameters including area, type, location of project and number of
affected families as specified by the State Government to be deposited by the
Requiring Body. (2)
The Requiring Body shall deposit the
estimated SIA fee along with ten percentum of it towards administrative cost
with the authority conducting SIA study in the Scheduled Bank account of the
said authority under intimation to the Land Acquisition Collector and the State
Government. (1)
The State Government, on receipt of
intimation from the authority conducting SIA study regarding deposit of SIA
fee, shall issue notification within thirty days from the date of such
intimation for carrying out SIA study in Form-C for commencement of
consultation and Social Impact Assessment study, which shall be published in
the official Gazette. (2)
The notification shall be made available in
Odia language in the office of Panchayat, Notified Area council, Municipality
or Municipal Corporation, as the case may be, and in the offices of the
District Collector, the Sub-Divisional Magistrate and the Tahasildar and shall
also be published at some conspicuous places of every village or ward, as the
case may be, in the affected area and in token of such service, signature of
two persons shall be obtained and in case the area is uninhabited, such
publication shall be made in the adjacent habituated villages and shall be
uploaded in the website of the State Government and the district concerned. (1)
The SIA study shall be conducted in
consultation with concerned Panchayat, Notified Area Council, Municipality or
Municipal Corporation, as the case may be, at village level or ward level in
the affected areas, for the purpose of Section 4 followed by a public hearing
in the affected areas to ascertain the views of the affected families which
shall be recorded in writing. (2)
The Social Impact Assessment Report prepared
by the Authority conducting the SIA study shall be submitted in Form-D to the
State Government along with Social Impact Management Plan in Form-E listing the
ameliorative measures required to be undertaken for addressing the impact of
the project on any specific component referred to in sub-section (5) of Section
4 within a period of six months from the date specified in the notification
issued under sub-section (1) of Section 4. (1)
The Authority conducting SIA study 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, in no way, be
involved in the appointment of the SIA team to carry out the SIA. (3)
The size and selection criteria for the SIA
team shall be project-specific. The team size shall comprise of minimum five
(5) and more members depending on the area, type and location of the project. (4)
The SIA team may be constituted by appointing
individuals or an organization with experience in conducting SIA study or
related field-based assessments and the team may include (a)
a combination of independent practitioners,
qualified social activists, academics, 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 SIA team members to liaison with the Authority conducting SIA study, public
representatives, Government functionaries and the Requiring Body throughout the
assessment period. (6)
The Authority conducting SIA study shall have
the right to change the team member and size of the team during the process of
study. (7)
If at any stage, it is found that any team
member or any member of his or her family directly or indirectly receives any
benefit from the Requiring Body or any other stakeholder in the project, the
said member shall be disqualified for the said project. (1)
The authority conducting SIA study shall
collect and analyse a range of quantitative and qualitative data, undertake
detailed site visit, use participatory methods such as focussed group
discussions, participatory rural appraisal techniques and informant interviews
in preparing the Social lmpact Assessment report. (2)
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 such authority and for
the purpose, all relevant information or records shall be provided by the
District collector within fifteen days to such authority from the date of
receipt of its written requisition. (3)
Based on the land assessment, land records
and field verification, the SIA shall provide an accurate estimate of the
number of affected families and the number of displaced families among them. (4)
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-F: Provided that where the land proposed
to be acquired involves displacement of families, area for rehabilitation and
resettlement of those families shall be identified in due consultation with
those families and their representatives in the concerned local bodies and such
identified resettlement sites shall be visited and a brief socio-economic
profile of the site and its current resident population shall be indicated. (5)
Basing on the data collected in processes
mentioned in the preceding sub rule and in consultation with public
representatives, the affected communities and key stakeholders, the nature,
extent and intensity of the positive and negative social impacts associated
with the proposed project the Key Impact Area shall be identified and assessed
as per Form-G. Social Impact Management Plan shall,
along with other ameliorative measures, provide detail Rehabilitation and
Resettlement Entitlement Matrix of each of the enumerated affected and
displaced families and detail land Schedule of the area identified for
resettlement and rehabilitation of the displaced families. (1)
Where land proposed to be acquired comes
under Scheduled Areas and involves displacement of Schedule Caste and Schedule
Tribe families, the Social Impact Management Plan shall contain a Development
Plan prepared in accordance with the provisions under section 41 and in the
formulation of such Development Plan, affected Scheduled Caste and Scheduled
Tribe families, their representatives in the affected local bodies and the
District Collector shall be consulted by the SIA. (2)
The Development Plan so prepared shall be
discussed in the Gram Sabha or the Panchayats at the appropriate level in the
Scheduled Areas in accordance with the provisions of the Panchayats (Extension
to the Scheduled Areas) Act, 1996. (3)
Based on the discussions and opinion
generated in the Gram Sabha or the Panchayats at the appropriate level, the
District Collector shall review the Development Plan and modify it, if
considered necessary, by giving sufficient reasons and justifications and
during the review of the Development Plan by the District Collector, the
Requiring Body shall also be consulted after which, the Development Plan shall
be placed before the Gram Sabha for consideration and consent to the proposed
acquisition of land and the Development Plan so consented by the Gram Sabha
shall become final, copy of which shall be made available by the District
Collector to the State Government, the Department to which the project relates,
the Department dealing with the subject matters relating to the Scheduled
Tribes and Scheduled Castes Development, Requiring Body and the Administrator,
R and R. (4)
Where a Development Plan is prepared, such
Development Plan shall be implemented by the Requiring Body at its own cost in
consultation with the Gram Sabha, which shall conduct regular social audit of
the execution of the Development Plan and its findings shall be sent to the
Requiring Body, Administrator, R and R, District Collector, the State
Government, Department to which the project relates and the Department dealing
with the subject matter relating to Scheduled Tribes and Scheduled Caste
Development for appropriate action. (1)
Public hearings shall be held in the affected
areas seeking feedback on the findings of SIA and to seek additional
information and views which shall be recorded and incorporated in the final
report. (2)
Public hearings shall be conducted in each
Gram Sabha or ward, as the case may be, in the affected area where more than
twenty-five per centum of the members are directly or indirectly affected by
the acquisition of the land. (3)
he notice indicating date, time and venue of
the public hearing shall be published two weeks in advance in the same manner
as laid-down in sub-rule (2) of rule 8. (4)
At least twenty-five percentum of adult
members of the affected families in the Gram Sabha or Ward shall constitute the
quorum for the meeting: Provided that if in the first meeting
of the Gram Sabha or Ward Sabha the quorum is not available then in subsequent
meetings the quorum is not necessary. (5)
The draft SIA report and SIMP in the form of
booklet shall be published in Odia language and given to the Panchayat,
Notified Area Council, Municipality or Municipal Corporation, as the case may
be, and to the offices of the District Collector, the Sub-Divisional Magistrate
and the Tahasildar and the Requiring Body shall also be served with a copy of
the draft SIA report and SIMP. (6)
The Authority conducting the SIA study shall
facilitate the public hearing which shall be organised by the district
administration through the concerned Land Acquisition Collector and the
Administrator, R and R. (7)
All the proceedings shall be held in Odia
language to ensure that the participants understand and express their views. (8)
Representatives of the Requiring Body,
concerned Sub-Collector, Land Acquisition Officer, Administrator, R and R,
Tahasildar and other officers as decided by the District Collector shall also
attend the public hearing and address the questions and concerns raised by the
affected parties. (9)
Public representatives, representatives of Non-Government
Organisations and media as may be allowed by the District Collector shall also
be invited to attend the public hearings. (10)
The proceedings of the public hearing shall
be video recorded and transcribed accordingly, which shall be submitted along with
the final SIA report and SIMP. (11)
Objections raised during public hearing shall
be recorded and shall form part of the SIA report. (12)
After the conclusion of the public hearings,
the entire feedback received and information gathered in the public meetings shall
be analysed and incorporated in the SIA report to be submitted to the authority
conducting the SIA study. (13)
Consultation with the Gram Sabhas in the
Scheduled Areas shall be in accordance with the provisions of the Panchayats
(Extension to the Scheduled Areas) Act, 1996. The SIA Report and SIMP shall be
prepared in Odia language and shall be published byway of uploading them in the
website of the State Government and website of District concerned and shall be
made available to the concerned Gram Panchayat, Notified Area Council,
Municipality or Municipal Corporation, as the case may be, and to the offices of
the District Collector, the Sub-Divisional Magistrate and the Tahasildar by the
State SIA Unit and the notice of such publication shall also be affixed at some
conspicuous places in the affected Village or Ward, as the case may be, in
presence of two witnesses. The recommendations of the Expert
Group as constituted under sub-section (1) of Section 7 shall be prepared in
Odia language and published in the same manner as laid down in rule 15. The decision of the State Government
after examination of report of the Collector and the Expert Group shall be
prepared in Odia language and published in the same manner as laid down in rule
15 and the State Government thereafter shall proceed for notification under
sub-section (1) of section 11. In addition to the manner of
publication as provided under sub-section (1) of Section 11 and sub-section (4)
of Section 19, the preliminary notification as specified in Form H and the
Declaration as specified in Form I shall be prepared in Odia language and shall
be announced by beat of drum or by loud speaker at conspicuous place of every
village or ward in the affected area and also by way of affixture in presence
of at least two persons and where the affected area is uninhabited, such
publication shall be made in the nearest inhabited village. The publication of the preliminary
notification or declaration, which are to be made under the provisions of
sub-section (1) of Section 11 or sub-section (4) of Section 19, shall be
completed in all modes as specified therein within a period not exceeding
thirty days from the date of issue of such notification or declaration and the
last date of such publication shall be considered as the date of the
publication of the notification or declaration. (1)
A copy of the preliminary notification shall
be sent to the concerned Registrar or Sub-Registrar for complying with the
provisions under sub-section (5) of Section 11. (2)
Copy of such notification shall also be sent
to the Tahasildar for final updation of land records as required under
sub-section (5) of Section 11, who shall enter the notification number in the
remarks column against the notified plots to ensure that no transaction of such
plots are made violating the provisions of sub-section (4) of Section 11. (1)
In case of acquisition of land for public
purpose or public private partnership projects, private companies, as specified
in sub-section (2) of Section 2, the Land Acquisition Collector concerned shall
initiate the process of obtaining consent of those affected families during the
SIA study. (2)
After updating the land records under rule
20, the Land Acquisition Collector shall prepare a list of all affected
families of the affected area from whom consent shall be sought for and the
terms and conditions, if any, proposed by the land owners and agreed to by the
Requiring Body shall also be made available to the affected families. (3)
The Land Acquisition Collector shall, in
consultation with the representatives of Gram Panchayats, Municipality,
Notified Area Council, Municipal Corporations, as the case may be, notify the
date, time and venue of the meeting of affected persons at least two weeks in advance,
where the purpose of obtaining consent shall be explained to the affected
persons. (4)
At the end of the meeting the affected
persons shall file their consent in Form J and a photo copy of the consent duly
countersigned by the Land Acquisition Collector shall be handed over to the
affected families. (5)
Consent shall be obtained as per holding of
land and the persons interested in the same holding of land can give combined
consent. (6)
The affected families shall not be compelled
to file their consent and consent once given cannot be withdrawn. (7)
Notice shall be issued by registered post to
the affected families who fail to attend the meeting to submit their consent
before the Land Acquisition Collector by registered post within a period of
thirty days from the date of affected families meeting and non-receipt of
consent within such stipulated time shall imply that the affected families has
no consent to the proposed acquisition. (8)
Where acquisition is spread across multiple
locations consent shall be obtained in all affected areas proposed to be
included in the preliminary notification. The District Collector, on getting
required inputs from the Administrator, R and R, shall prepare an estimate of
land acquisition on the basis of the components as defined under clause (i) of
Section 3. There shall be a Single Window
Valuation Committee under the Chairmanship of Additional District Magistrate
with Executive Engineer, Works, District Agriculture Officer, District Forest
Officer, District Horticulture Officer and Soil Conservation Officer as members
and Land Acquisition Collector as member Convener, which shall estimate the
valuation of structures, trees etc. and submit the report to the District
Collector for reference by the Land Acquisition Collector in assessing the cost
of acquisition. (1)
The Requiring Body shall deposit such
percentage of the cost of acquisition towards administrative cost as to be
specified by the State Government by notification, to be revised, from time to
time. (2)
The administrative cost shall be deposited by
the Requiring Body with the District Collector, fifty per centum of the
administrative cost shall be kept in the joint Savings Bank Account of District
Collector and Land Acquisition Collector in any Scheduled Bank for meeting the
day-to-day expenditures on account of land acquisition, rehabilitation and
resettlement works as per guidelines to be issued by the State Government, from
time to time, and the balance fifty per centum shall be deposited in the
Government Treasury under the appropriate receipt Head of Account. (3)
Out of fifty per centum kept in the Savings
Bank Account, the District Collector shall transfer ten per centum to the State
Government to meet the expenses on monitoring of land acquisition, R and R. (4)
Interest accrued on such Savings Bank Account
shall be credited to the appropriate receipt Head of Account of the State
Government. The District Collector shall prepare
the actual estimate of cost of land acquisition taking into consideration all
the components as required under the Act for the said acquisition and after
following the method and manner in which the Land Acquisition, R and R award
shall be made including the investment to be made for food security as required
under sub-section (3) of Section 10 and the Land Acquisition Collector shall
then send the cost of land acquisition to the concerned Department to which the
project relates and to the Requiring Body for sanction of the estimate. (1)
Before the declaration under sub-section (1)
of Section 19 is made, the Requiring Body shall deposit the cost of acquisition
with the District Collector and where the land is required for any private
company or under Public Private Partnership mode, the Requiring Body, instead
of depositing the cost assessed towards constructions under R and R Scheme,
shall retain it and execute and complete the constructions as per the timeline
given in the Scheme and deliver the same to the Administrator for compliance of
R and R award. (2)
Where the Requiring Body is the State
Government; the cost of all acquisition shall be deposited with the District
Collector who shall execute the work through available executing agencies, as
deemed proper to complete the work in time. The District Collector shall send
draft Declaration papers along with the estimated cost of acquisition to the
Administrative Department with advance copy thereof to the Revenue &
Disaster Management Department. (1)
The compensation shall be determined and
award shall be made as per the provisions laid down under sections 26 to 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 agricultural
labourers, tenants, share croppers or artisans and others as referred to in
sub-clause (ii) of clause (c) of section 3 at the following rates, namely:- (a)
In case of an agricultural labourer, a lump
sum amount equivalent to the current minimum wages of two hundred days; (b)
In case of the tenants and share croppers, a
lump sum amount of rupees twenty five thousand per acre of the land they
cultivate as tenants or share croppers; (c)
In case of artisans who may be working in the
affected area for three years prior to the acquisition of the land, a lump sum
amount of Rupees twenty five thousand, per each such artisan. (3)
The payment of compensation shall be made
within a period of fifteen days of passing of the awards by organizing
disbursement camps and through account payee cheques or by way of electronic
transfer of funds to the bank accounts of the awardees, whichever is
preferable. (4)
The date of determination of the market value
shall be the date on which the preliminary notification was issued under
section 11. (5)
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. (1)
The District 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 in Form K. (2)
The District 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 and the Requiring Body may express
its opinion with the Collector regarding the amount of the compensation of the
land to be acquired. CHAPTER-IV REHABILITATION AND RESETTLEMENT (1)
The Administrator, Rehabilitation and
Resettlement, under the provisions of sub-section (1) of Section 16, shall
conduct survey and undertake census of the affected families either by his own
staff or by out-sourcing the work to any agency by way of collecting data from
the Social Impact Assessment Study report and the Government records and
verification of data by field survey and door to door visit of the affected
families which shall be completed within a period of sixty days from the date
of publication of the preliminary notification. (2)
Where the option of choosing alternative
Rehabilitation and Resettlement entitlement is available, option of the
affected families shall be obtained during the survey in writing and where the
affected family comprised of more than one member, the option shall be obtained
from the head of the family. (1)
The Administrator, R and R shall prepare the
draft R and R Scheme within a period of sixty days from the date of completion
of survey. (2)
Where consent is involved, the draft R and R
Scheme shall be prepared by taking into account the negotiated terms and
conditions of R and R reached between the Requiring Body and the affected
families. The Administrator shall exercise the
powers and perform the duties and have the responsibilities as follows, namely: (a)
to conduct a survey and undertake a census of
the affected families in the manner and within the time as provided under these
rules; (b)
to prepare a draft R and R scheme; (c)
to publish the draft scheme by the mode
provided under these rules; (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 District
Collector; (h)
to publish the approved scheme in the
affected area; (i)
to help and assist the District Collector in
preparing the scheme; (j)
to monitor and supervise the implementation
of the rehabilitation award; (k)
to assist in post-implementation audit of R
and R; and (l)
to do any other work required to be done for
R and R. The Administrator, R and R or an
officer authorized by him shall conduct a public hearing in the affected areas
on such date, time and venue as deem fit but not earlier than fifteen days of
the publication of the draft scheme and the provisions of rule 14 relating to
the public hearing shall, mutatis mutandis, apply to the public hearing in this
case also. R and R Scheme approved by the Commissioner
shall be published by the Administrator, R and R in the same manner as laid
down in rule 15. The District Collector shall make R
and R Award for each affected family 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 FormL. (1)
where the proposed acquisition is more than
one hundred acres, the Government shall constitute the R and R Committee at the
Project Level after publication of the preliminary notification under
sub-section (1) of Section 11. (2)
The member-convenor, while intimating the
date, time and venue of the meeting, shall supply a copy of the draft scheme
for R and R to all the members. (3)
The quorum of the meeting shall be not less
than two thirds of all members. (4)
The meeting shall be held at least once in
every three months. (5)
The first meeting shall be convened before award
is made under section 31 and successive meetings will review the payment
entitlements and work out the displacement work plan on agreed terms. (6)
After completion of resettlement process, the
R and R Committee shall suggest the name of an organisation to undertake an
independent social audit at the cost payable by the District Collector. (1)
The State Government shall issue guidelines
for the constitution and functioning of a State Monitoring Committee for
reviewing and monitoring the implementation of R and R schemes or plans under
the Act. (2)
The Committee shall meet at least once in
every year to review and monitor implementation of R and R schemes or plans in
all projects under the Act. The Secretary to Government of the
Department, dealing with the subject matters of land acquisition or his
authorised officer on receipt of the sanction estimate from the Department, to
which the project relates, shall issue a declaration under sub-section (1) of
section 19 along with the summary of draft R and R scheme. Provided that no such declaration
shall be made unless the Requiring Body has deposited the actual amount of
acquisition of the land. The Government in Agriculture
Department shall fix up and separately specify by way of notification the
limits of acquisition of irrigated Double cropped land and percentage of the
limits of net sown area in any district for acquisition of the agricultural
land in aggregate for all projects in that district. (1)
Where irrigated Double cropped land is under
acquisition, the Requiring Body shall provide equal extent of alternative land
to the District Collector by way of registered deed of transfer and deposit
reclamation cost as assessed by the Agriculture Department for investment in
agriculture. (2)
The District Collector shall, in all such
cases, transfer the said land including the reclamation cost to the Agriculture
Department for investment to enhance food security. (3)
The land so transferred shall be brought to
the record of the Agriculture Department in the record of rights to be updated
by the Tahasildar and accordingly, special mention regarding transfer of land
for food security be made in the remarks column of the record of rights. (4)
Where the Requiring Body is unable to provide
equal extent of land, it shall deposit the market value of the land with the
District Collector who shall deposit the same in appropriate Head of Account of
the Agriculture Department. In all cases of acquisition or
alienation of any land in Scheduled Areas, consent of the concerned Gram Sabha
and the Panchayats shall be obtained in Form-M before publication of
notification under sub-section (1) of Section 11. (1)
The State Government may, by notification,
form a Land Bank, (a Governmental entity) in charge of local Tahasildar that
focuses on the conversion of the Government owned waste land, vacant,
abandoned, unutilized acquired lands and tax-delinquent properties into
productive use. (2)
To ensure acquisition of minimum amount of
land and to facilitate utilization of unutilized public lands including land
acquired earlier and not utilized and to ensure food security, the Tahasildar
shall maintain a village-wise Land Bank of all Government waste land,
unutilized acquired land and land to be deposited by the Requiring Body in case
of acquired irrigated double-cropped land, which shall be made available to the
SIA team and expert group as per their requirement. (1)
Land acquired and possession taken over but
not utilized within a period of five years from the date of possession shall,
in all cases, revert back to the State and deposited in the Land Bank
automatically. (2)
The Requiring Body shall deliver possession
of the land to the Tahasildar and on failure to deliver the possession and
occupation by the Requiring Body the same shall be treated as unauthorized and
the Requiring Body shall be evicted in due course of law. (3)
The Land Acquisition Officers shall furnish
this information to local Tahasildars at the end of every six months in a
calendar year and Tahasildars shall update the database of the Land Bank. For the purpose of sub-section (3) of
Section 33 the awardee shall furnish an Indemnity Bond to the Land Acquisition
Collector for refund of excess amount and in case of any default, or in case of
availing benefit fraudulently as mentioned in sub-section (2) of Section 84 or
refusal to refund, such amount shall be recovered as arrears of land revenue
under the provisions of the Odisha Public Demands Recovery Act, 1962. The State Government shall create a
dedicated, user-friendly website that may serve as a public platform on which
the entire work flow of each land acquisition case will be hosted, beginning
with the notification of the SIA and tracking each step of decision-making,
implementation and audit. Where land is taken on lease by the
State Government under section 104 on consent of the land owners such lease may
be for a period of 99 years, and thereafter can be renewed. The limits on extent of land, beyond
which provisions of Rehabilitation and Resettlement under the Act shall apply
in cases of purchase by a private company through negotiation with the owner of
the land, shall be two hundred (200) acres of dry land or equivalent extent of
irrigated or wet lands in rural areas and fifty (50) acres in urban areas
subject to any further notification as may be issued by the Government, from
time to time.ODISHA RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT RULES, 2016
PREAMBLE