Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
17. Preparation of
Rehabilitation and Resettlement Scheme by the Administrator.
1.
Upon
the publication of the preliminary notification under sub-section (1) of
section 11 by the Collector, the Administrator for Rehabilitation and
Resettlement shall conduct a survey and undertake a census of the affected
families, in such manner and within such time as may be prescribed, which shall
include-
a. particulars of lands
and immovable properties being acquired of each affected family;
b. livelihoods lost in
respect of land losers and landless whose livelihoods are primarily dependent
on the lands being acquired;
c. a list of public
utilities and Government buildings which are affected or likely to be affected,
where resettlement of affected families is involved;
d. details of the
amenities and infrastructural facilities which are affected or likely to be
affected, where resettlement of affected families is involved; and
e. details of any common
property resources being acquired.
1.
2.
The
Administrator shall, based on the survey and census under sub-section (1),
prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which
shall include particulars of the rehabilitation and resettlement entitlements
of each land owner and landless whose livelihoods are primarily dependent on
the lands being acquired and where resettlement of affected families is
involved-
i.
a
list of Government buildings to be provided in the Resettlement area;
details
of the public amenities and infrastructural facilities which are to be provided
in the resettlement area.
1.
2.
3.
The
draft Rehabilitation and Resettlement scheme referred to in sub-section (2)
shall include time limit for implementing Rehabilitation and Resettlement
Scheme;
4.
The
draft Rehabilitation and Resettlement scheme referred to in sub-section (2)
shall be made known locally by wide publicity in the affected area and
discussed in the concerned Gram Sabhas or Municipalities.
5.
A
public hearing shall be conducted in such manner as may be prescribed, after
giving adequate publicity about the date, time and venue for the public hearing
at the affected area:
Provided that in case
where an affected area involves more than one Gram Panchayat or Municipality,
public hearings shall be conducted in every Gram Sabha and Municipality where
more than twenty-five per cent. Of land belonging to that Gram Sabha or
Municipality is being acquired:
Provided further that
the consultation with the Gram Sabha in Scheduled Areas shall be in accordance
with the provisions of the Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996
1.
2.
3.
4.
5.
6.
The
Administrator shall, on completion of public hearing submit the draft Scheme
for Rehabilitation and Resettlement along with a specific report on the claims
and objections raised in the public hearing to the Collector.