Whereas the draft rules, namely
"The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Uttar Pradesh) Rules, 2015" were
published as required Under Section 112 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(Act no. 30 of 2013), vide Government notification no. 368/1-13-2015-5
Ka(25)-2013, dated May 12, 2015 for inviting objections from all persons likely
to be affected there by within the stipulated time; And whereas the objections and
suggestions received within the stipulated time have been considered by the State
Government; Now, therefore, in exercise of the
powers conferred by sub-section (2) of Section 109 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act no. 30 of 2013), the Governor is pleased to make
the following rules CHAPTER I GENERAL (1)
These rules may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Uttar Pradesh) Rules, 2016. (2)
They shall extend to the whole of the State
of Uttar Pradesh. (3)
They shall come into force on the date of
their publication in the 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
(Act No. 30 of 2013); (b)
"Agency" means an agency appointed
by the State Government doing the Social Impact Assessment Process and
Preparing the social Impact Management Plan; (c)
"Collector" means the Additional
Collector (Land Acquisition) Special Land Acquisition Officer and Deputy Land
Acquisition Officer and other Officer and other such Officer appointed by the
State Government under clause (g) of Section 3; (d)
"District Collector" means the
Collector of revenue district; (e)
"Form" means a Form appended to
these rules; (f)
"Government" means the State
Government of Uttar Pradesh; (g)
"Local body" or Local
Authority" shall include rural local bodies namely Gram sabha Gram
Panchayat, zila Panchayat and urban local authorities namely Nagar Nigam, Nagar
Panchayat or Nagar Palika Parishad constituted or established under their
respective Acts; (h)
"Scheme" means the Rehabilitation
and Resettlement scheme prepared by an Administrator according to sub-section
(2) of Section 16 of the Act; (i)
"Social Impact Assessment" (SIA)
means an assessment being made under Section 4 of the Act; (j)
"Social Impact Assessment Plan"
(SIMP) means the plan prepared as part of social Impact Assessment Process
under sub-section (6) of Section 4 of the Act; (k)
"State Monitoring Committee" means
committee constituted by the State Government for reviewing and monitoring the
implementation of Rehabilitation and Resettlement schemes of plans under the
Act, as provided in sub-section (1) of Section 50 of the Act. (2)
Words and expressions used but not defined in
these rules, but defined in the Act, shall have the same meanings respectively
assigned to them in the Act. CHAPTER II SOCIAL IMPACT ASSESSMENT (1)
After getting the final proposal for
acquisition, the State Government, for the purpose of the Act, shall issue a
notification for carrying out Social Impact Assessment in accordance with
Section 4(1) of the Act, in the Form 1 regarding the commencement of Social
Impact Assessment. It shall notify the name of the Social Impact Assessment
agency assigned with the task of carrying out Social Impact Assessment Study. (2)
The notification shall be made available in
the local language to the Gram Panchayat, Nagar Nigam/Nagar Panchayat/Nagar
Palika Parishad, in the offices of the District Collector, the Sub-Divisional
Magistrate, Office of concerned Land Acquisition Officer, Administrator,
Tehsildar. It shall also be published in two daily newspapers circulating in
the affected area of which at least one shall be in the regional language, and
also by way of a public notice by affixing it at same conspicuous places in the
affected areas and shall be uploaded on the website of the district or the
Government. (3)
Such notification shall be issued within
thirty days after the deposit of the processing fee for carrying Social Impact
Assessment by the requiring body. (4)
No such notification of the commencement of
the Social Impact Assessment Study shall be issued if the requiring body has
not deposited the advance amount as prescribed under the relevant rule of these
rules. (5)
The Social Assessment study shall be
conducted in consultation with concerned local authority at Town/Village level
or ward level in the affected areas, for the purposes of section. (1)
The State Government or Collector, as the
case may be, shall identify or establish an independent outsourced district
Social Impact Assessment agency, hereinafter referred to as Agency, which shall
be responsible for ensuring that social impact assessment study is conducted by
such person other than the requiring body, for all the cases of land
acquisition provided under the Act. The State Government may also nominate
Planning Department of the government for the purpose of selecting Social
Impact Assessment agency. It shall complete the work described in sub-rule (3). (2)
For this purpose, the State Government or the
Collector or the Planning Department, as the case may be, shall invite an
application from the department of social work of the recognized Universities
and Colleges, faculties, NGO'S and professionals, who shall be responsible for
conducting the Social Impact Assessment as per the Act. (3)
The State Government, the Collector or the
Planning Department, as the case may be, shall draw out a list of such
accredited people of the department of social work of the universities and
colleges, faculties, NGO'S and professional, After assessing their capacity
through an interview and the experienced accredit to them to evaluate the
Social impact assessment study for the project, shall constitute an experts
group and the name of the agency shall be notified as per the provision given
under sub-rule (2) of Rule 3 of these rules. (4)
The requiring body shall not be involved in
any way in the appointment of the Agency being appointed to carry out the
Social Impact Assessment in the project area. (5)
The size and selection criteria for the
Agency shall be as per the project-specific terms of reference. (6)
In those areas, where Agencies with such
capacities are not available or where engagement of such agencies is infeasible
in cost-benefit terms, then the State Government may go ahead with the Social
Impact Assessment study process through its own employees or officers. For this
purpose, State Government may nominate Chief Development Officer or other
district level officer, not below the rank of Additional District Magistrate,
as nodal officer who shall be responsible to monitor the process. (7)
The selected agency conducting the Social
Impact Assessment shall appoint a group leader to liaison with the Collector
and other members of Social Impact Assessment agency throughout the assessment
period, who shall be responsible for carrying out the required activities
within the given time frame. (8)
While selecting the agency, it is to be
ensured that there is no conflict of interest involving the team members
appointed to assess the concerned project. (9)
If at any stage, it is found that any team
member or any family member of the team member has directly or indirectly
received any benefit from the requiring body or any other stakeholder in the
project, the said member shall be disqualified and the State Government shall
terminates his/her services. (1)
The Collector shall finalise the term of
reference for the Social Impact Assessment in consultation with the Agent
selected for carrying out the Social Impact Assessment in the Form 2. (2)
Once the State Government/Collector and
Agency arrived at mutually agreeable workable rates, the District Collector
shall approve terms of reference, if he is an appropriate government for the
project. In other projects, the collector shall forward the proposal to the
concern administrative department of State Government with the recommendation
for approval. (3)
If acquisition of land for any project area
falls under the jurisdiction of more than one district, then the appropriate
government or the Collector shall send the proposal to the State Government,
for the necessary approval. The decision of the State Government shall be
final. (4)
The estimated Social Impact Assessment fee
shall be deposited to the Collector, by the requiring body. Out of which, Ten
per cent of the Social Impact Assessment fee shall be allocated to
administrative expenses for preparing the Term of Reference and be deposited to
the State Government in appropriate head by the Collector. (5)
Remaining ninety per cent Social Impact
Assessment fee shall be deposited in the deposited Account of the Collector in
the concerned treasury. This amount shall be spent with the approval of
Collector for expenses related to Social Impact Assessment as per terms of reference. (1)
The Collector or any officer specially
authorized by the Collector and the requiring body shall as far as possible
furnish the information requisitioned by the Agency throughout the Social
Impact Assessment process. Any request for information from agency shall be met
at the date, but not exceeding fifteen days from the date of such request. (2)
The Agency shall collect and analyse a range
of quantitative and qualitative data, undertake detailed site visits, use
participatory methods such as focused group discussions, participatory rural
appraisal techniques and informant interviews in preparing the Social Impact
Assessment Report. Detailed assessment based on a through 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 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
environment, social or other impacts of the project; (b)
Quality and location of land proposed to be
acquired for the project; (c)
The land proposed for acquisition is the bare
minimum required 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 in
Scheduled Area as defined in Schedule 5 or 6 of Indian Constitution, is a
demonstrable last resort: 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. (3)
Based on the land assessment, land records
and field verification, the agency 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, Social Impact Assessment Team shall enumerate
all affected families. (4)
Socio-economic and cultural profile of the
affected area must be prepared, based on available data and statistics, field
visits and consultations. (5)
The Social Impact Assessment Report shall be
submitted in the given Form 3 to the State Government within a period of two
months from the date of its commencement and shall include the views of the
affected families recorded in writing. However the State Government may extend
this period up to six months (including the period already given). (6)
The Social Impact Management Plan (SIMP) will
present the ameliorative measures to be undertaken to address the social impact
identified in the course of the assessment. The Social Impact Assessment Team
must assess the viability of impact mitigation and management strategies with
clear indication strategies with clear indication of costs and timelines. It
shall be prepared as per the provisions given under sub-section (5) of Section
4 of the Act. (7)
The Social Impact Management Plan 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 exceeds 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. Format for Social Impact Management
Plan in being given as Form 4. (8)
Wherever environment impact assessment is
carried out, a copy of the Social Impact Assessment Report shall be made
available to the Impact Assessment Agency authorised by the State Government. (9)
The Agency shall also provide summaries of
the feasibility/project impact report and Social Impact Management Plan. (1)
Soon after completion of Social Impact
Assessment Study Report and Social Impact Management Plan, a public hearing
shall be conducted by the State Government, in the affected area by giving
notice to be published in two daily newspapers circulating in the affected area
of which at least one shall be in the regional language, and also by way of a
public notice by affixing it at some conspicuous places in the affected areas
not less than seven days before the public hearing indicating its time, place
and date and other necessary details. This notice shall also uploaded on the
website of the concern district or the State Government. (2)
The public hearings shall be conducted in the
concern Gram Panchayat offices or urban local bodies offices, as the case may
be, any public place or convenient place in the affected areas. The State
Government may take decision to conduct hearing at some conspicuous place other
than affected areas within the concern district by giving the justification for
it and duly published in a notice. (3)
The State Government may appoint any Revenue
Officer of the rank of Deputy Collector, Tehsildar or Block Development Officer
to conduct the hearings. (4)
A member or members, as the case may be, of
the Social Impact Assessment Agency shall facilitate the public hearing which
shall be organised through the local administration with the designated
Government Officer of appropriate level. (5)
Public hearings generally are 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. (6)
Public hearings shall be conducted in all
Gram Sabha where more than twenty per cent of the members are directly or
indirectly affected by the acquisition of the land. (7)
The draft of Social Impact Assessment Report
and Social Impact Management Plan shall be published for inspection of general
public in the office of the Collector for the purpose of land acquisition not
less than seven days before the public hearing. (8)
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 to the public on the day of the public hearing by the agency. (9)
All the proceedings shall be held in the
local language to ensure that all the participants can understand and express
their views. (10)
Representatives from the requiring body shall
also attend the public hearing and address the questions and any issue raised
by the affected parties. (11)
The proceedings of the public hearing will be
video recorded and transcribed accordingly. The said recording and
transcription shall be submitted to the Collector along with the final Social
Impact Assessment Report and Social Impact Management Plan. (12)
After the conclusion of the public hearings,
the Social Impact Assessment Team shall analyse the entire feedback received
and information gathered in the public hearing and incorporate the same along
with their analysis, in the revised Social Impact Assessment Report
accordingly. (13)
Every objection raised in the public hearing
shall be recorded and the Social Impact Assessment Agency shall ensure that the
every objection shall be considered in the Social Impact Assessment Report. (14)
No public re-hearing shall be conducted if
the public hearing is disturbed by misbehaviour of the miscreant's presents,
leading to disturbance of public peace and law and order. In case of any
disturbance, the next public hearing shall be treated as conclusive. In such
circumstances, seven days shall be provided to file claims
objections/suggestions. After completion of public hearing,
the final Social Impact Assessment Report and Social Impact Management Plan
shall be prepared and made available to the Collector or State Government, as
the case may be, for publication at the level of Gram Panchayat, Nagar
Nigam/Nagar Panchayat/Nagar Palika Parishad, in the offices of the Collector,
the Sub-Divisional Magistrate, office of concerned Land Acquisition Officer,
Administrator, Tehsildar. It shall also be published in two daily newspapers
circulating in the affected area of which at least one shall be in the regional
language, and also by way of a public notice by affixing it at some conspicuous
places in the affected areas and uploaded on the website of the district or
State Government. A copy of the final Social Impact Assessment Report and
Social Impact Management Plan shall also be given to the concerning requiring
body. (1)
With all the relevant information and
analysis in a single document, the Social Impact Assessment Report and Social
Impact Management Plan shall be submitted to the Collector or State Government,
as the case may be, by the agency. (2)
It shall then forward the Social Impact
Assessment Report and Social Impact Management Plan with his recommendations
within two weeks of submission by the agency to the Multi-disciplinary Expert
Group for appraisal. (3)
Before forwarding the Social Impact
Assessment Report and Social Impact Management Plan, an opportunity shall be
given to the requiring body to make objections and suggestions on the draft of
Social Impact Assessment Report and Social Impact Management Plan as well as on
the claims and objections raised in the public hearing conducted. The requiring
body shall submit such objections and suggestions within a period of ten days after
receiving a draft. If no such suggestions are received within a period of ten
days then it shall be presumed that the requiring body has accepted the draft
Scheme. Then the Collector or the State Government, as the case may be, shall
forward the Social Impact Assessment Report and Social Impact Management Plan,
with his recommendations and all such documents which require to be sent, to
the Multi-disciplinary Expert Group for appraisal. (1)
The State Government shall constitute a
Multi-disciplinary Expert Group as provided under sub-section (1) of Section 7
of the Act. The Expert Group shall consist of (a)
Two non-official social scientists to be nominated
by the State Government; (b)
Two representatives of Panchayats, Grams
Sabha, Municipality or Municipal Corporation, as the case may; (c)
Two experts on rehabilitation; and (d)
A technical expert in the subject relating to
the project: Provided that, the State Government
may authorise the Planning Department for the empanelment of such members to
exercise the powers given under the provisions of the Act. (2)
The Expert Group shall evaluate the Social
Impact Assessment Report in preview of conditions given under sub-sections (4)
and (5) of Section 7 of the Act and shall make its recommendations to that
effect within a period of two months from the date of its submission: Provided that, if Expert Group in its
opinion recommends that the project shall be abandoned forthwith and no further
steps to acquire the land will be initiated, then such recommendations shall be
recorded in writing by the Expert Group giving the details and reasons for such
decisions. But if the Expert Group agrees then it shall make specific recommendations
whether the extent of the land proposed to be acquired is the absolute bare
minimum extent needed for the project and whether there are no other less
displacing options available. A copy of such recommendation shall be sent to
the State Government and another copy to the Collector for publication. (3)
The Collector shall make arrangements to
publish the recommendations of the Multi-disciplinary Expert Group and the same
shall be made available in the local language at the level of Gram Panchayat,
Nagar Nigam/Nagar Panchayat/Nagar Palika Parishad, in the offices of the
Collector, the Sub-Divisional Magistrate, office of concerned Land Acquisition
Officer, Administrator/Tehsildar. It shall also be published in two daily
newspapers circulating in the affected area of which at least one shall be in
the regional language, and also by way of a public notice by affixing it at
some conspicuous places in the affected areas and uploaded on the website of
the district or State Government. (1)
Decision on Social Impact Assessment Report
and Social Impact Management Plan shall be taken by State Government as per the
norms given under Section 8 of the Act. (2)
The State Government shall examine the
recommendations of the Multi-disciplinary Expert Group, report of the
Collector, if any, and make its final recommendations for 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 in its evaluations process. The State Government shall
also comply with the directions given under sub-section (1) of Section 8 of the
Act. (3)
When it appears that land is required or
likely to be required in any area for any public purpose, then the final
recommendation shall be made available to the Collector to take further steps
for acquisition. These recommendations shall also be made available in local
language to the Gram Panchayat, Nagar Nigam/Nagar Panchayat/Nagar Palika
Parishad, in the offices of the Collector, the Sub-Divisional Magistrate,
office of concerned Land Acquisition Officer, Administrator, Tehsildar. It
shall also be published in two daily newspapers circulating in the affected
area of which at least one shall be in the regional language, and also by way
of a public notice by affixing it at some conspicuous places in the affected
areas and uploaded on the website of the district or State Government. The State Government shall create a
decided, user-friendly website at state and district level 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 Social Impact Assessment and tracking
each step of decision-making, implementation and audit. To ensure acquisition of minimum
amount of land and to facilitate the utilisation of unutilised public lands,
the State Government, by way of notification, shall make necessary arrangements
to authorise any department to prepare a district-level inventory report of
waste, barren and unutilised public land. If it is requested or required then
the land available in the State Government land bank and shall be made
available to the Social Impact Assessment Team and Expert Group. The inventory
report shall be updated from time to time. CHAPTER III CONSENT In case land is sought to be acquired
for the purpose 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 Collector concerned in Form 5, along with
the Social Impact Assessment Study. Some of the principles to obtain consent
given as under (a)
The Collector may constitute a team of
Revenue Officers or depute any other officers under his control to assist him
in the process of obtaining the prior consent. (b)
The Collector and Sub-Divisional Officer
exercising the powers of District Collector shall take steps to resolve
outstanding issues of land rights, land title and land records in the affected
areas, so that all the land owners can be correctly identified before
initiating consent procedures. (c)
The Collector shall also undertake a special
drive for the purpose and complete the said exercise within a period of sixty
days from the date of issuance of preliminary notification. (d)
The Collector shall, after completion of the
aforesaid exercise of correcting and updating the land records shall draw out a
list, of all affected land owners from whom consent must be sought, after
considering the list prepared by the Social Impact Assessment Agency. (e)
The list shall be made available in the
affected area by displaying the list in conspicuous places of the affected
areas for a least ten days before obtaining consent. (f)
The Collector shall in consultation with the
representatives of Gram Panchayat or Nagar Panchayat or Nagar Palika Parishad
or Municipal Corporation, as the case may be, notify the date, time and venue
at least two weeks in advance, for holding the effected land owners meetings at
the concern village or ward level. It shall also be published in two daily
newspapers circulating in the affected area of which at least one shall be in
the regional language. (g)
The requiring body or its representative
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 the
project, Rehabilitation and Resettlement, Compensation and other measures
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. (h)
The proposed terms and conditions agreed by
the requiring body shall also be made available in local language to each and
every affected land owner, at least one week in advance. (i)
The land owner shall give his individual
consent to the Authorised Officer. (j)
The land owner shall give his written consent
having his photograph affixed on it in the format attached and the digital
impression of his thumb along with his signature (if he can make it) shall be
printed on his affidavit. (k)
The authorised representative of the
requiring body shall sign on the prescribed consent form and shall put the seal
of the requiring body towards its commitment to the consented terms and
conditions. (l)
Any member of Gram Panchayat, or Zila
Panchayat, Lekhpal, Gram Vikas Adhikari or any Government servant may sign on
the affidavit as a witness thereof that he recognises the person who has given
consent. (m)
The prescribed consent form shall be
countersigned by the officer authorised by the Collector. (n)
The form of consent and declaration so
obtained shall be made available to the land acquisition officer in original,
who will then prepare a list of all such land owners and shall provided it to
the requiring body. One copy of this list shall also be attached with
acquisition proposal, before issuing the Preliminary Notification under Section
11(1) of the Act. (o)
All the individual consent taking procedure
shall be video recorded. (p)
All persons interested in the same land can
give consent on a single form. (q)
Single forms shall be used for giving consent
by a same person for his different lands under acquisition. (r)
No land owner can withdraw his consent once
given in the above manner. (s)
In case of a land situated in the Scheduled
Area mentioned in the Fifth Schedule appended to the Constitution of India, the
consent of the Gram Sabha shall be sought prior to the consent of the land
owners. (t)
The consent taking process shall be concluded
before issuing the Preliminary Notification under sub-section (1) of Section
11. (u)
Every objection raised during the process of
taking consent meeting shall be recorded and shall be considered by the
requiring body. (v)
During the process of obtaining consent,
those land owners, who were absent and not given his/her consent and also has
not raised any objections before issuing of preliminary notification under
Section 11(1) of the Act, shall be considered as they have no objection for the
on-going proposed acquisition. (1)
In case of acquisition of land in a Scheduled
Areas mentioned in the Fifth Schedule of the constitution on of India, the
consent of Gram Sabha shall be obtained by the Collector in Form 6. He shall in
consultation with the representatives of the Gram Panchayat notify the date,
timing and venue for holding special Gram Sabha meeting in the affected areas
two weeks in advance and conduct public awareness campaigns to motivate members
of the Gram Sabha to participate in the Gram Sabha. (2)
The procedure to be followed to obtain the
prior consent of the Gram Sabha shall be same as prescribed under Rule 14. (3)
The quorum shall be the same as defined under
the U.P. Panchayat Raj Act, 1947: Provided that, one third of the total
women members of the Gram Sabha shall also be present in the Gram Sabha
meeting. (4)
No Gram Sabha can withdraw its consent once
given in the above manner. CHAPTER IV REQUEST FOR LAND ACQUISITION The Collector shall facilitate and
assist to the requiring body in the process to initiate acquisition. Request
for land acquisition shall be submitted by the requiring body to the Collector
or Authorised Officer for the purpose of acquisition of land in the district,
in the form appended to these rules, along with the following documents as the
case may be (a)
Request for acquisition in Form 7 duly signed
by the competent officers of the requiring body bearing the seal, name and
designation of the concerned officers; (b)
Detailed Project Report in Form 8 with the
Schedule of land proposed for acquisition specifying the name of the Village,
Pargana, Tehsil, Plot/Khasra number with their areas and purpose for which the
land is proposed to be acquired; (c)
A certificate to the effect that
administrative sanction for the project for which the land is proposed to be
acquired has been obtained from the competent authority; (d)
A certificate by the requiring body in Form 9
(Part A) certifying that the land proposed for acquisition is absolutely bare
minimum for the purpose of the project and there is no other less displacing
option available; (e)
As required in Form 9 (Part A), certificate
of satisfaction of requiring body shall also be furnished indicating that the
said project fulfills the definition of public purpose as defined under Section
2 of the Act; (f)
A certificate to the effect that sufficient
provisions of funds in respect to cost of compensation, estimated values of
assets and rehabilitation and resettlement of the affected people have been
made in the budget with the estimated cost of the project and status of dues in
Form 10(a) and Form 10(b); (g)
A sketch map of the land which is
contemplated under acquisition, drawn on the village map (shajra map)
demarcating and showing the areas of banzar or uncultivated land lying within
that village; (h)
A detail list of structures, buildings,
wells/tube wells, tree, etc. in Form 11 including the estimated compensation
which may be paid for each item; (i)
Certificate of non existence of temples,
mosques, graveyards, etc. on the land proposed for acquisition in Form 12; (j)
Requiring body shall also put up certified
copied of the Khasra and Khatauni of the proposed land issued by the Revenue
Authority verified by Tehsildar/Revenue Inspector certifying that the proposed
land is private in nature. If the concerned village is under the record
operations or consolidation, then relevant record of title, duly signed by the
concerned Assistant Record Officer/Settlement Officer Chakbandi/Consolidation
Officer shall be submitted; (k)
Any other document or information required by
the Collector. (1)
The Collector shall make an enquiry whether
the proposed acquisition is consistent with the provisions contained in Section
10 of the Act. (2)
The Collector shall call upon an enquiry
reports from Revenue Authorities, as follows (i)
Certificate regarding no such land belonging
to State Government, Central Government or any other local authority, Gram
Sabha land, land defined under Section 77 of the Uttar Pradesh Revenue Code
2006, has been included in the land proposed for acquisition in Form 13; (ii)
Certificate regarding, no such ceiling land
has been included in the land proposed for acquisition in Form 14; (3)
The Collector shall also prepare such records
and make an enquiry in respect of land proposed for acquisition, as under (i)
Preliminary enquiry in Form 15; (ii)
Khasra and Khatauni in Form 16(a) and 16(b); (iii)
Spot inspection and verification of assets
submitted by the requiring body mentioned in Form 11; (iv)
Make an observation on the report submitted
in Form 9 (Part B) by the requiring body: Provided that, all such records and
reports prepared by the Revenue Officers shall be duly signed by the Tehsildar,
Revenue Inspector and Lekhpal, Naib Tehsildar/land acquisition Amin. In cases
of villages, which are under record operations or consolidations, the same
shall be signed by the concerned Assistant Record Officer/Settlement Officer
Chakbandi/Consolidation Officer. The copy of such records and reports shall be
kept in the officer records. The Collector shall cause the
estimated cost of acquisition of the land to be calculated with due care and
diligence, so that abnormal differences at the time of final award can be
avoided. He shall also cause the administrative cost to be calculated and the
same shall be deposited by the requiring body before proceedings initiated
under Section 11 of the Act. Cost of conducting the Social Impact Assessment
shall be such as may be fixed according to the project from time to time by the
State Government/Collector. (1)
The estimated cost of acquisition and
administrative costs specified under sub-clause (i) to (vi) of clause (i) of
Section 3 of the Act, shall be deposited by the requiring body at the time of
proceedings initiated under Section 11 of the Act. (2)
The requiring body shall deposit in advance
the estimated cost of acquisition. Such amount be deposited by way of different
modes acceptable as per extent of bank practices. (3)
The Collector shall thereafter deposit the
advance amount forwarded against cost of acquisition and administrative cost in
the specified land revenue head through challan. (4)
The State Government shall provide requisite
budget under admissible heads of administrative costs for the purpose of
acquisition separately through regular budget. (5)
It shall be mandatory upon the requiring body
to deposit any remaining amount after final estimates have been prepared,
expenses required for conducting Social Impact Assessment Study and also any
excess amount, if awarded by the authority or a competent court under relevant
provisions of the Act, in the same manner. CHAPTER V PRELIMINARY NOTIFICATION FOR LAND
ACQUISITION AND REHABILITATION AND RESETTLEMENT SCHEME (1)
Once the consent process has been completed
and the necessary approval of Social Impact Assessment and Social Impact
Management Plan has been given, the Collector will make scrutiny of the
proposal and the documents and conduct such Preliminary Enquiry as he may think
necessary. He shall then record his observation for issuing Preliminary
Notification in Form 17. (2)
After the scrutiny of the proposal the
Preliminary Notification for acquisition shall be issued by the State
Government or the Collector, as the case may be, in Form 18, applying the
provisions of Section 15 of the Act for filing objections. The notification
must contain name of Village, Pargana, Tehsil, District, particulars of
Khasra/Gatas numbers with respective areas of acquisition and the purpose for
which the land is to be acquired. (3)
The Collector shall however, not issue a
notification under Section 11 of the Act, if; (i) The acquisition is for the
purpose of the Union; (ii) The provisions of Section 40 of
the Act are to be applied and the application of Section 15 is waived. In such
cases he shall forward the record of the proceedings conducted by him and the
report containing his recommendations on objections to the State Government.
The State Government shall take the final decision. (4)
The Preliminary Notification shall be
published and informed in the manner provided in sub-sections (1) and (2) of
Section 11 of the Act. It shall also be published in two daily newspapers
circulating in the affected area of which at least one shall be in the regional
language. (5)
The proceedings of an acquisition shall start
from publication of preliminary notification in Government Official Gazette,
after its issuance by the Collector or State Government, and shall complete at
the stage of last publication of the notification as prescribed under
sub-section (1) of Section 11 of the Act: Provided that, in computing the period
of twelve months, referred in sub-section (7) of Section 19 of the Act, shall
be count from the last date of such publication: Provided further that, the proceedings
for publication of notification shall be completed within thirty days from the
date of publication of notification in Government Official Gazette. (6)
A copy of the notification shall be affixed
at some conspicuous places in the affected areas. (7)
No person shall make any transaction of land
specified in the preliminary notification or create any encumbrances on such
land from the date of publication in the Government Official Gazette, till such
time as the proceedings under the Chapter IV of the Act are completed: Provided that, the Collector may on
the application made by the owner of the land so notified, exempt in special
circumstances to be recorded in writing, such owner from the operation of the
rule: Provided further that, any loss or
injury suffered by any person due to his wilful violation of this provision
shall not be made up by Collector. (8)
The copy of the preliminary notification
issued shall be made available to concern Tehsildar, Assistant Record
Officer/Settlement Officer Chakbandi/Consolidation Officer, Executive Officer,
Municipal Commissioner of concerned Local Authority as the case may be, to take
necessary steps in compliance to the preceding rules. It shall also be made
available to the concern Registration Officer/Sub-Registrar to take necessary
steps in compliance to the rules. After issuing the notice under
sub-section (1) of Section 11, the Collector shall update the land records
within a period of two months from the date of preliminary notification issued,
and take such necessary action to rectify and mutate the relevant entries in
the revenue records, as required. (1)
When a notification is issued under
sub-section (1) of Section 11 of the Act, the Collector shall take necessary
steps for preliminary survey of the land notified in the manner provided in
Section 12 of the Act. (1)
The intimation of Public hearing shall be
conducted by giving notice in two daily newspapers circulating in the affected
area of which at least one shall be in the regional language, and also by way
of a public notice by affixing it at some conspicuous places in the affected
areas, indicating its time, place of the office for hearing (preferably at the
office of land acquisition officer) and the date therein. (2)
Hearing of objections under sub-section (2)
of Section 15 should be performed by the Collector for the purpose of
acquisition, in person and not be delegated. (3)
When the Collector receives, within the
prescribed period, a written objection from a person interested in the land, he
should cause a notice to be served on the objector to appear before him in
person or by a duly authorised representative or by an authorised pleader on a
specified date, time and place to produce the evidence, if any, on which he
relies. Notice of the hearing and enquiry should also be given to the requiring
body; the latter, if he desires to be heard or to adduce evidence in support of
the proposed acquisition, should be permitted to do so either in person or
through an authorised representative. (4)
On the application of either party the
Collector may exercise his powers under Section 35 of the Act. (5)
The hearing may be adjourned by the Collector
from time to time, if necessary. (6)
The enquires must be completed most
expeditiously in view of first proviso to Section 19, whereby time limit of one
year has been prescribed from the date of publication of preliminary
notification under sub-section (1) of Section 11 to publication of declaration
under Section 19 of the Act: Provided that the State Government
shall have the powers to extend the period of hearing objections if in opinion
circumstances exist justifying the same: Provided further that any such
decisions to extend the period shall be recorded in writing and the same shall
be notified and be uploaded on the website of authority concerned. (7)
The Collector after hearing all the
objections and recording a memorandum of the evidence produced in support
thereof or in support of the proposal to acquire the land and after making
further enquiry if he thinks necessary, he shall submit the case for decision
of the State Government containing his recommendations on the objections,
together with the record of proceedings held by him along with a separate
report giving therein the approximate cost of land acquisition, particulars as
to the number of affected families likely to be resettled, for the decision of
the Government, at the time of sending proposal of declaration under Section 19
of the Act: Provided that, the State Government or
District Collector as case may be shall take decision on such recommendations
for the project. The decision of the State Government/District Collector shall
be final: Provided further that, if acquisition
of land for any project area falls under the jurisdiction of more than one
district, then the district State Government or the District Collector, as the
case may be, shall send the proposal to the concerned Administrative Department
at Government level, for the necessary approval. The decision of the
administrative department shall be final. CHAPTER VI PREPARATION OF REHABILITATION AND RESETTLEMENT
SCHEME AND PUBLIC HEARING (1)
On publication of the Preliminary
Notification under sub-section (1) of Section 11 by the Collector, the
Administrator for Rehabilitation and Resettlement shall conduct a survey and
undertake a census of the affected families, in a manner provided under
sub-section (1) of Section 16 of the Act, within a period of three months from
the date of publication of Preliminary Notification under Section 11(1) of the
Act. (2)
In the survey conducted and the census of the
affected families so undertaken by the Administrator, he shall collect the data
of Social Impact Assessment Study Report. (3)
He shall verify that data by door visit of
the affected families and by paying site visits in case of an infrastructure in
the affected area. (4)
On the basis of the survey, the Draft of
Rehabilitation and Resettlement Scheme shall be prepared by the Administrator,
in addition to the particulars mentioned in sub-section (2) of Section 16 of
the Act, contain the following (a)
List of likely to be displaced families; (b)
List of infrastructure in the affected area; (c)
List of land holdings in the affected area; (d)
List of businessmen in the affected area; (e)
List of landless people in the affected area; (f)
List of disadvantage groups like persons
belonging to Scheduled Castes or Scheduled Tribes, Handicapped Persons, in the
affected area; (g)
List of landless agricultural labourers in
the affected area. (5)
The Administrator shall as far as possible try
to prepare comprehensive and detailed draft Scheme in order to reduce future
objections. (6)
The Administrator shall by way of a public
notice to be published in two daily newspapers circulating in the affected area
of which at least one shall be in the regional language, inform the people
about the draft Scheme as prepared by him under sub-section (2) of Section 16
of the Act. The copy of the draft shall be made available and discussed in
concern Gram Panchayat, Municipality or Municipal Corporation, as the case may
be. (7)
The Administrator or an officer designated by
him shall conduct a public hearing in the affected areas on such a date as he
thinks suitable, before publication of the Scheme as prepared by him under
sub-section (2) of Section 16. The provisions of the Rule 23 relating to public
hearing shall, mutatis mutandis, apply to the public hearing to be conducted as
per the provisions of sub-section (5) of Section 16. (8)
The Administrator shall on completion of
public hearing submit the draft scheme for Rehabilitation and Resettlement
along with the specific report on the claims and objections raised in the
public hearing to the Collector. (9)
The Collector shall follow the process for
review of the Rehabilitation and Resettlement prescribed under sub-section (1)
and sub-section (2) of Section 17 of the Act. (10)
The process for approval of Rehabilitation
and Resettlement Scheme and its publication shall be followed as per the manner
provided under Section 18 of the Act and sub-rule (3) of Rule 11. The Administrator shall exercise the
powers and perform the duties, and have responsibilities as follows (a)
To conduct a survey and undertake a census of
the affected families in the manner and within the time as provided in the
rules; (b)
To prepare a draft Rehabilitation and
Resettlement Scheme; (c)
To make known to the people about the
Rehabilitation and Resettlement Scheme by the mode as provided in the rules; (d)
To make available the draft Rehabilitation
and Resettlement Scheme to the concerned persons and authorities; (e)
To issue and publish notices for public
hearings on the draft Rehabilitation and Resettlement Scheme in the affected
areas; (f)
To conduct public hearings on the draft
Rehabilitation and Resettlement Scheme in the affected areas; (g)
To give an opportunity to the requiring body
Make to suggestions and comments on the draft Rehabilitation and Resettlement
Scheme; (h)
To submit to draft Rehabilitation and
Resettlement Scheme and to the Collector; (i)
To publish the approved Rehabilitation and
Resettlement Scheme and in the affected areas; (j)
To help and assist the Collector in preparing
the Rehabilitation and Resettlement award; (k)
To monitor and supervise the progress in
Rehabilitation and Resettlement Study; (l)
To assist in post implementation audit of
Rehabilitation and Resettlement; and (m)
Any other work required to be done or
assigned for Rehabilitation and Resettlement. (1)
The Commissioner of Rehabilitation and
Resettlement shall by way of a public notice in two newspapers circulating in
the affected areas of which one at least shall be in the regional language and
also by way of public notice affixing it at conspicuous places in the affected
areas and shall be uploaded on the website of the district or Government to
inform the people about the approved Rehabilitation and Resettlement Scheme as
finalised by him under Section 18 of the Act. (2)
The copies of approved Scheme shall be made
available in the offices of Gram Panchayat, Nagar Nigam/Nagar Panchayat/Nagar
Palika Parishad, in the offices of the Collector, the Sub-Divisional
Magistrate, office of concerned Land Acquisition Officer, Administrator,
Tehsildar. (1)
The State Government shall issue a
declaration under sub-section (1) of Section 19 along with the summary of the
Rehabilitation and Resettlement Scheme and the land identified as settlement
area for the displaced families, if any, in the manner prescribed under Section
19 of the Act in Form 19. (2)
No such declaration shall be made unless the
requiring body has deposited rest of amount in, as prescribed in sub-rule (4)
of Rule 19. (3)
Such declaration shall be published in the
manner provided under sub-section (4) of Section 19 of the Act and the relevant
rules. (4)
The date of last publication shall be the
date of publication of declaration under sub-section (1) of Section 19. When a declaration is issued under
Section 19 of the Act, the officials authorised shall proceed to marked out
measured the land, unless, it has been already marked out under Section 12 of
the Act. In case of discrepancy between the area computed in the Khasra and
that notified under notification or declaration of acquisition, a date should
be fixed by the Collector, on which the Deputed Officer of Revenue Department,
requiring body and Amin of Land Acquisition Office should go and take the
measurements as well as the verification from revenue records. If any error is
found then this should be immediately brought to the knowledge of Collector, so
that it can be rectified. If the area notified is proved to be materially less
than the area intended to be acquired, than the matter should be reported,
through Collector, to the Government for the issue to be resolved. After the measurements being settled,
the Collector shall cause to issue general notice as per the provision of the
Act in Form 20(a) and 20(b), requiring the persons interested to file claims
and objections within a period mentioned in the public notice. The notice
should also be communicated to the Record Officer, i.e., Tehsildar,
Consolidation Officer or Assistant Record Officer as the case may be.
Intimation of this notice shall also be posted in the village at some
conspicuous public place. CHAPTER VII AWARD COMPENSATION AND POSSESSION OF
ACQUIRED LAND (1)
The Collector after making enquiry into and
disposal of the objections, if any, raised by the interested persons in
pursuance of the public notice published and given under the preceding rules,
shall proceed to make Land Acquisition Award under Section 23 of the Act. For
the award for compensation, the Collector shall ensure the following steps to
be taken (a)
Separate map of the land demarcated in each
village should be prepared on the scale of the village map for record with the
proceedings, which should be conducted in the villages; (b)
For each village, a Khasra will be prepared
in Form 16(a), showing the nature, area of each plot and numbers and quantity
of the trees, crops, structures or other assets situated upon it. The entries
of the form should be checked personally by the Amin of the Land Acquisition
Office. This Khasra should be countersigned by the concerned Revenue Officers
and the Land Acquisition Officer; (c)
While the Khasra being prepared, such details
should be collected as may be necessary to determine the market value from the
office of registrar of registration department regarding sale deeds registered
during the period of three years just prior to the last such publication of
preliminary notification under Section 11(1) of the Act in the Form 21. The
date for determining the market value shall be the date on which the
preliminary notification has been issued under Section 11 of the Act; (d)
The simultaneous process shall take place for
valuation of assets, such as trees, tubewell, structures and other things
situated thereupon on acquired land shall be done by the concerned department
as provided in the Section 29 of the Act. The Land Acquisition Officer may
request to the District Collector to direct the concern department for the
valuation of the assets. The valuation report will be prepared on annexed as
Form 22. The cut-of-date for valuation of these assets would be the date when
the preliminary notification has been issued under Section 11 of the Act; (e)
A khatauni in Form 16(b) will be prepared
from the revenue records of the concerned village kept at the officer of
Tehsildar, consolidation or Assistant Record Officer. Respective land revenue
of the acquired land shall be worked out at the time of preparation of
khatauni; (f)
There shall be a detailed valuation report
for each item of property to be acquired and shall be made in Form 22 in
accordance with the market value on the date of publication of preliminary
notification. (2)
The Land Acquisition Officer, if it is not
District Collector, may consult the District Collector and take his order as to
what he considers to be the fair estimates of the amount of compensation to be
paid and the revenue to be deducted. For this, the District Collector may
appoint such officers to examine the feasibility of fair compensation. (3)
On the date specified in the notice, the
Collector shall explain the grounds on which the compensation has been
estimated, which will ordinarily be the figure contained in the aggregate
statement of compensation payable in Form 23 and shall make an award in Form
24. (4)
Any variation in estimated compensation shall
be informed to the requiring body. The requiring body shall on demand deposit
the amount within the period of one month. If the requiring body makes any
objection in consequence of the excess cost or denies depositing the amount,
further proceedings shall be dropped. In such cases where proceedings have been
stopped, the State Government can deduct such an amount, which it may think
fit, by way of Government order. (5)
The Collector may adjourn the proceedings on
the request of any party or otherwise. He shall carefully and expeditiously
decide all the objections raised by the parties. (6)
The Collector on the date fixed for hearing,
shall proceed to enquire into the claims and objections, if any, made by
interested persons, whether to the measurements of the land, the amount of
compensation, the person to whom it is payable, or the apportionment of
compensation among the person interested and shall prepare an award regarding
each of the matter referred in Section 23 of the Act. (7)
Under the provision of Section 23 of the Act,
the financial limit for declaration of the award will be as fixed by the State
Government. (8)
The award shall include all the items which
are described under Sections 28, 29 and 30 of the Act. Each award shall be
announced or communicated to the parties as soon as possible, when it is made. (9)
If after making an award a clerical or
arithmetical mistake comes to the notice of Collector or is brought to his
notice, he can correct the same within six months of announcement of award or
before making a reference to the Authority under Section 64 of the Act. (10)
If the land proposed for acquisition is
situated in the rural areas, then the market value calculated as per
sub-section (1) of Section 26 of the Act, shall be multiplied by a factor
notified by the State Government. (11)
Before invoking urgency clause to any land
acquisition proceedings the Collector shall take the prior sanction of the
State Government. (12)
If after the payment of compensation as per
the award, it transpires that the owner/claimant/claimants is/are not
exclusively entitled or such or entire amount of compensation awarded by the
Collector and the Government is required to pay any compensation to any other
persons, then the claimant/claimants shall on demand refund to the Collector
the entire amount of money received by him/them or such amount as may be
determined by the Collector as refundable by him/them to the Government and
shall also indemnify (jointly or separately) the Government against any claim
or compensation or part thereof by any other person and against all proceedings
and liabilities of any loss or damage suffers or any costs, charges or expenses
incurred by Government by reason of the payment to him/them and the claimant/claimants
shall pay the interests at the rate of 9% on the amount so refundable for the
first year and at the rate of 15% for the subsequent years. (13)
If the claimant/claimants fail to refund to
the Government the amount mentioned in the previous sub-rule, the Government
shall recover the same as arrears of land revenue or proceed under any law in
force for recovery of such amount. (14)
Without prejudice to any other remedy for the
enforcement of any refund or indemnity, the Government may recover any sum
determined and certified by the Land Acquisition Officer concern to be due and
payable by the claimants to the Government by way of refund or otherwise as
arrear of land revenue. (15)
The Government dues/loans of public financial
institutions, if any, falls against the awardees are payable by the claimants
or person interested, the same shall be deducted from the said compensation
amount that may be awarded. (1)
The Collector shall also make Rehabilitation
and Resettlement 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 the Form 25. (2)
The affected families of the Projects where
preliminary notification under sub-section (1) of Section 11 of the Act is
issued are entitled for receiving elements of Rehabilitation and Resettlement
as per the Second and Third Schedules of the Act. (3)
While offering twenty per cent of the
developed land, when the land is acquired for urbanisation purposes, then in
that case the land used for components of infrastructure amenities shall not be
taken into account for the calculation of twenty per cent of developed land. (4)
In case of a Project involving and
acquisition on behalf of a requiring body which involves involuntary
displacement of the Scheduled Castes and Scheduled Tribes families in scheduled
areas, a Development Plan shall be prepared by the State Government in consultation
with the concerned Social Welfare Department of the State and the Gram
Panchayats or urban local bodies in that area. The said plan shall be read out
and discussed at the time of obtaining the consent of the Gram Sabha or the
Panchayat or the urban local bodies, as the case may be. (5)
Under the provision of Section 31 of the Act,
the Rehabilitation and Resettlement Award shall be made by the Collector. The
Collector shall seek the prior approval of the Division
Commissioner/Commissioner Rehabilitation and Resettlement before making the
award of any amount. (6)
The financial limit authorised for
declaration of Rehabilitation and Resettlement Award will be as fixed by the
State Government. (7)
If after the payment of Rehabilitation and
Resettlement entitlements as per the award, it transpires that the
claimant/claimants is/are not exclusively entitled for such or entire amount of
entitlements awarded by the Collector and the Government is required to pay any
benefits to any other persons, then the claimant/claimants shall on demand
refund to the Collector the entire amount of money or the entitlements, as the
case may be, received by him/them or such amount as may be determined by the
Collector as refundable by him/them to the Government and shall also indemnify
(jointly or separately) the Government against any claim or entitlements or
part thereof by any other person and against all proceedings and liabilities of
any loss or damage suffers or any costs, charges or expenses incurred by
Government by reason of the payment to him/them and the claimant/claimants
shall pay the interests at the rate of 9% on the amount so refundable for the
first year and at the rate of 15% for the subsequent years. (8)
If the claimant/claimants fail/fails to
refund to the Government the amount or entitlements, as the case may be,
mentioned in the previous sub-rule, the Government shall recover the same as
arrears of land revenue or proceed under any law in force for recovery of such
amount. (9)
The Collector shall issue orders for
provision of infrastructure facilities and basic minimum amenities specified in
the Third Schedule of the Act for every resettle area in the Form 26. (10)
In case of project involving land acquisition
on behalf of a requiring body which involves involuntary displacement of the Scheduled
Castes or Scheduled Tribes families in scheduled areas, a Development Plan
shall be prepared by the Collector in consultation with the affected family in
the manner provided under Section 41(4) of the Act. The said plan shall be read
out and discussed during the public hearing of Rehabilitation and Resettlement
Schemes. While making the award of Rehabilitation and Resettlement
Entitlements, the Collector shall passed an order in Form 27. (11)
The provisions relating to Rehabilitation and
Resettlement under these rules shall apply in the cases where any person other
than a specified person is purchasing land through private negotiations, for an
area equal to or more than the limit notified by the State Government. (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 the affected families, as defined under
sub-section (c) of Section 3 of the Act. The statement of the entire project
affected persons who have been paid compensation and Rehabilitation and
Resettlement Entitlements shall be kept in Form 28. (2)
While determining the amount of compensation
as required under Section 28 of the Act, the Collector can settle down the
terms and conditions and rates of the land with the landowners and also
consider mutual consent award to minimise the possibilities of litigations,
which is in the best interest of equity, justice and beneficial to the affected
families and requiring body. (3)
The proportion of Compensation as per the
First Schedule of the Act, which is to be given to the affected families
referred to in sub-clause (ii) of clause (c) of Section 3 of the Act, shall be
determined by the State Government. (4)
The payment of compensation shall be made
within a period of 90 days from the date of award as per the procedure
prescribed in Government Order A-1-961/X-2012-10(28) 2011, dated 31-1-2013 of
Finance (Account) Section 1 by way of e-Payment or any other mode of payment as
may be prescribed by the Finance Department of State Government from time to
time. (5)
The date of determination of the market value
shall be the date on which the preliminary notification has been issued under
Section 11 of the Act. (6)
In all cases of land acquisition, the market
value per hectare will be finalised by the acquisition authorities as per the
guidelines issued by the State Government. (1)
The Collector shall cause the possession of
the land acquired after satisfying the conditions provided under Section 38 of
the Act. The Collector may appoint any Subordinate Officer to take possession
of the land formally on behalf of the Government and then hand over to the
person appointed on requiring body. The possession memo shall be made at the
time of taking possession on behalf of Government and requiring body as well. (2)
In certain cases of urgency the Collector may
be empowered by the Government to take possession under sub-section (1) of
Section 40 of the Act in anticipation of the award. Before taking possession
under urgency cases, other than the terms specified under the section, the
conditions mentioned in sub-sections (3) and (5) of Section 40 of the Act must
be fulfilled. In such cases the requiring body should be asked to specify the land
urgently required. (3)
Unless possession is taken by the written
agreement of the parties concerned, the mode of taking possession obviously
would be for the authority to go upon the land and to do some act which would
indicate that the authority has taken possession of the land. It may be in the
form of a declaration by beat of drum or otherwise or by hanging a written
declaration on the spot that the authority has taken possession of the land.
The presence of the owner or the occupant of the land to effectuate the taking
of possession is not necessary; however signatures of the independent witnesses
present at the time of taking possession shall be taken on the possession memo. (4)
No hard-and-fast rule can be laid down as to
what act would constitute taking of possession of the acquired land. However,
some of the principles laid down for taking the possession of the land are (i)
If the acquired land is vacant, the act of
the concerned State Authority to go to the spot and prepare a possession memo,
along with the signatures of the villagers/representatives of land management
committee, will ordinarily be treated as sufficient to constitute taking of
possession; (ii)
If crop is standing on the acquired land or
building/structure exists, mere going on the spot by the concerned authority
will, by itself, be not sufficient for taking possession. Ordinarily, in such
cases, the concerned authority will have to give prior notice to the occupier
of the building/structure or the person who has cultivated the land and take
possession in the presence of independent witnesses and get their signatures on
the possession memo. Of course, refusal of the owner of the land or
building/structure may not lead to an inference that the possession of the
acquired land has not been taken; (iii)
If beneficiary of the acquisition is an
agency/institution of the State and condition has been fulfilled in terms of
sub-section (3) and sub-section (5) of Section 40 and substantial portion of
the acquired land has been utilised in furtherance of the particular public
purpose, then it may reasonably be presumed that possession of the acquired
land has been taken. (1)
In the case of an Irrigation Project, while
conducting the survey, the administrator shall consider the possibility of
sufficient land in the command area of the project. The assessment for the
requisition of land shall be as per the request submitted by the affected
families for giving land in lieu of compensation. (2)
In consultation with the officers of the
concerned department or the project officer, as the case may be, if the
administrator is satisfied that sufficient land in the command area is
available, then he shall finalise and put forward with all the details of finalised
land to the concerned Collector to take necessary steps to make available of
finalised land. Preferably land management committee land can be the best
option while selecting the land for the purpose. If he finds that sufficient
land is not available then he shall request to Collector to take necessary
steps for it. (3)
Each affected family, who's land has been
acquired or who has as the consequences of the acquisition of land been reduced
to the status of the marginal farmer or landless, shall be given notice by the
Collector, that in lieu of the compensation to be paid for land acquired, the
eligible area for the grant of land in command area and the cost of the land
along with the proportionate administrative cost for the acquisition of land,
the amount to be deposited with the Collector towards the occupancy price of
the land at the time of payment of such compensation of such affected persons. (4)
After receiving the Notice, an affected
person, eligible for the grant of land shall give in writing to the Collector
that, he is willing to accept the land for land in lieu of compensation for the
land acquired. (5)
Request of all such persons who has given
willingness to accept the land shall be maintained in the Register for this
purpose by the Collector. Signature of the Project Affected Persons shall be
taken on the said register. The register shall also contain names of all such
affected persons who are eligible for the grant of land but not willing to
accept the land for land. (6)
Only after receiving such willingness in
writing, the affected person shall be paid the amount of compensation for the
land acquired and no further request from him or his heirs regarding land for
land shall be considered at later stage. (1)
The option for one-time payment in lieu of
employment shall be given to all affected families, as per the directions
issued by the State Government for the projects. (2)
It is in the interest of the affected
families in the acquisition affected areas that the requiring body makes
necessary arrangements for training facilities for development of
entrepreneurs, technical and professional skills for self-employment of the
affected persons, so as to enable such persons to get the opportunity to find
suitable jobs. (3)
In the case of the Irrigation Project the
permission for land submergence shall not be given to the requiring body unless
infrastructural facilities and basic minimum amenities as per the Third
Schedule appended to the Act are completed and transferred to the local bodies
and land for land is allotted to the eligible and willing Project Affected
Persons. CHAPTER VIII CONSTITUTION AND FUNCTIONS OF
REHABILITATION AND RESETTLEMENT COMMITTEE (1)
The State Government shall constitute a
Rehabilitation and Resettlement Committee at project level to monitor and
review the progress of implementation of the Rehabilitation and Resettlement
Scheme and to carry out post-implementation social audits in consultation with
the Gram Sabha in rural areas and Municipal Council in urban areas. (2)
The Committees shall have its first meeting
when a draft Rehabilitation and Resettlement Scheme has been prepared by an
administrator. The Committee shall discuss the Scheme and make suggestions and
recommendations. Thereafter, in subsequent meetings, the Committee shall meet
and discuss the progress of the Rehabilitation and Resettlement, as required,
till the process of resettlement is concluded. It shall also discuss on
different aspects of post-implementation of social audits. (3)
The members of the Committee shall get
travelling allowance at the rate specified, from time to time, by the State
Government for the Government servants. (4)
The Committee may visit the affected area and
discuss with the affected families of the resettlement areas to monitor the
resettlement process. (1)
The State Government shall constitute a State
Monitoring Committee for reviewing and monitoring the implementation of Rehabilitation
and Resettlement Schemes or Plans under the Act. (2)
The State Monitoring Committee shall have its
first meeting for reviewing and monitoring the implementation of Rehabilitation
and Resettlement Scheme for the project, as soon as possible, from the approval
of the Rehabilitation and Resettlement Scheme by the Commissioner of
Rehabilitation and Resettlement under Section 18 of the Act. (3)
The allowances payable to the experts shall
be specified, from time to time, by the State Government for the Government
servants. 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 Authorities for the purpose of providing speedy disposal of
disputes relating to land acquisition in the State. (2)
The State Government my assign duties, powers
and procedure of work to the Authority, by way of notification. The Authority
shall exercise the powers and functions defined under the Act and these rules. (3)
The Presiding Officer of an Authority shall
be appointed from the officers of the rank of District Judge (super timescale)
by the State Government in consultation with the Chief Justice of the High
Court by issuing notification in the Official Gazette. (4)
The State Government shall, by notification,
appoint an officer from Uttar Pradesh Judicial Service of the rank of Civil
Judge (Junior Division) as Registrar of the Authority, in consultation with the
Chief Justice of the High Court. Other staff including employees such as
reader, senior clerk, stenographer, clerks, driver, orderly and peons shall be
appointed from the different cadres of the Government servants including the
Revenue Department till the creation and posting of the employees from separate
independent cadre of Land Acquisition Authority. (5)
The salaries and allowances of the Registrar
and other officers and employees of the said Authority shall be the same as
they were drawing in their Parental Departments and a deputation allowance,
which may be determined by the State Government in consultation with the
parental department of an employee. The conditions of service shall be thereof
same as those applicable to them under the State Government Civil Services
Rules. (6)
(a) The Presiding Officer of the said
Authority shall get the salary, perks and other allowances, same as they were
drawing in their Parental Departments and the deputation allowance, which may
be prescribed by the State Government in consultation with the High Court. (b) The Presiding Officer of the said
Authority shall discharge their function under the general superintendence of
the High Court. The Establishment of Land Acquisition,
Rehabilitation and Resettlement Authority shall have the power of Civil Court
in the matters where any Rehabilitation and Resettlement benefit have been
availed of by making a false claim or through fraudulent means. The benefits
shall be liable to be recovered by the State Government as an arrear of land
revenue, in case of the said benefits have been availed in terms of money, and
by evicting a wrongdoer from the land and houses if the said benefits have been
availed in the terms of land and houses. The land and houses so vacated shall
be used for the Rehabilitation and Resettlement of the affected persons of the
same project only and shall not be used for any other purpose. CHAPTER X MISCELLANEOUS MATTERS (1)
(a) The
Collector shall cause to be recorded in the revenue papers the area of the
portion of each holding which has been acquired and the amount of rent/revenues
as payable for it. He shall also ensure that the area acquired for a
department/requiring body is shown in the revenue records and necessary entries
has been done in favour of concerned department/requiring body. (b) Soon after the completion of acquisition proceedings the
Collector/Land Acquisition Officer shall make a request to the District
Collector, for mutation of acquired land in revenue records in Form 29, in
quadruplicate. The District Collector shall issue Parwana Amal daramad in Form
30 in duplicate to the concern Record Officer. (c) The concern Revenue Record Officer will return one copy to the
Collector/Land Acquisition Officer, after duly mutated in revenue records. (d) In case of acquisition for private entries or companies, the names
of the tenure-holders concern, whose land has been acquired, has to be expunged
and replaced by the concern private entries or companies, whatever be the case.
The company may get its name mutated under the prevailing laws in the State. (e) Where acquisition has been done, a statement of reduction and
remission in land revenue shall be prepared village wise for every project in
Form 31. (f) The monthly statement regarding reduction/remission in land revenue
shall be submitted in duplicate in the following tabular to the Commissioner
and Secretary Board of Revenue, Uttar Pradesh. District Details of
Notification/Declaration made for acquisition Number and
date of order sanctioning reductions and remission Amount
remitted from.......to....... Amount reduced
from fasli.... 1 2 3 4 5 (2)
Capitalised
value of land revenue. The Capitalised value of land revenue is the aggregate land revenue for
certain numbers of years, payable by an acquiring body to State Government to
compensate the latter for loss of land revenue, suffered as a result of its
reduction in case of compulsory acquisition. The following instructions shall
be followed by the Collector (i)
The
Capitalised value of land revenue shall be calculated by multiplying the annual
land revenue by one hundred and fifty. In cases where the land is not assessed
to land revenue (i.e., villages where record operations or consolidations
proceedings are going on) on the date immediately preceding the date of
compulsory acquisition. I shall be calculated at the average rate of land
revenue per hectare for the entire village; (ii)
The
Capitalised value of land shall not be charged where land is compulsory
acquired for the non-commercial departments of State Governments, but the land
revenue shall be remitted in favour of such departments; (iii)
The
Capitalised value of land shall be charged from all other commercial
departments of the State Government. In such cases land revenue will also be
remitted with effect from the date of acquisition; (iv)
Local bodies
or Societies registered under the Societies Registration Act, 1860, on whose
behalf land is compulsory acquired, will however, have an option either to
continue paying the land revenue from the date of they are given possession of
the land or to pay the Capitalised value of the land revenue. In the latter
case future land revenue will be remitted; (v)
In cases
where land is acquired for the purposes of the Union Government or Central
Government Department shall be liable to pay one hundred times of land revenue
as Capitalised value. The Collector shall cause to maintain in register of all permanent
appropriations of land for public purpose or for a company. The entries in the
register shall be made chronologically, and not necessary by department wise.
They shall be made in the first instance as soon as the requiring body or
department submit its request for acquisition and the requiring body has been
informed of the cost of the acquisition. Where any land acquired under the Act remains unutilised for a period of
five years from the date of taking over the possession, the small 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 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 by taking the possession of acquired land. If the requiring body
does not hand over the possession of the land then the Magistrate shall take
possession of the land by giving prior notice to the requiring body concerned
and hand it over to the State Government. CHAPTER XI REMOVAL OF DIFFICULTIES (1)
If any difficulty arises in giving effect to
the provisions of these rules, the Government may, by order, make such
provisions or give such directions not inconsistent with the provisions of the
Act or these rules as may appear to it to be necessary or expedient for the
removal of the difficult: Provided that no such power shall be
exercised after the expiry of a period of two years from the date of
commencement of these rules. (2)
Every order made under this rule shall be
laid, as soon as may be after it is made before the State Legislature.RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT (UTTAR PRADESH) RULES, 2016
PREAMBLE