JAMMU AND KASHMIR REHABILITATION AND RESETTLEMENT POLICY (DRAFT)

Transcription

1 GOVERNMENT OF JAMMU AND KASHMIR DISASTER MANAGEMENT, RELIEF, REHABILITATION AND RECONSTRUCTION DEPARTMENT JAMMU AND KASHMIR REHABILITATION AND RESETTLEMENT POLICY (DRAFT) Page 1

2 CHAPTER 1 1. Short Title, Application: 1.1 This Policy may be called as The J&K Rehabilitation and Resettlement Policy 1.2 It shall apply to all Hydro-Electric Power Projects (HEPs), for which acquisition has been notified. 1.3 This Policy shall also be applicable to all developmental related projects including linear projects and acquisitions for decongestion of congested areas. 1.4 The Policy shall be applicable to all such acquisitions of land and structures, where voluntary or involuntary displacement of community is affected from vulnerable areas, on account of disaster proofing and mitigation measures, or as a result of consequences of disasters. CHAPTER 2 2. Definitions: The definition of various expressions used in this Policy are as follows: 2.1 "Government" means the Government of Jammu and Kashmir. 2.2 "Commissioner for Rehabilitation and Resettlement" means such officer not below the rank of Deputy Commissioner, appointed by the State Government for rehabilitation and resettlement of Project Affected Families and Project Displaced Families, under this Policy. The Commissioner shall be Page 2

3 responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. 2.3 "Collector for Rehabilitation and Resettlement : Collector shall have the same meaning as defined in the J&K Land Revenue Act 1996, but appointed for the purpose of rehabilitation and resettlement of affected persons. 2.4 Policy means the J&K Rehabilitation and Resettlement Policy. 2.5 "Affected area" means area of a village or locality, for which notification is issued by Govt., for purposes of acquisition, or area declared to be affected by disaster. 2.6 "Project Displaced Family (PDF): a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for a Project or involuntary displacement for any other justified reason; or any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land, including plot in the Abadi-deh or other property, excluding Kahchari land, in the affected area or otherwise, has been involuntarily displaced from such land or other property; or any agricultural or non-agricultural labourer, landless person, not having homestead land, agricultural land, or either homestead or agricultural land, rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years, preceding the date of declaration of the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason. 2.7 Project Affected Families : Families within the Project area, affected by the Project, but not required to be displaced from the Project area and therefore involves only compensation measures, whenever their land holdings have been adversely affected by the Project, whether the rights of the said families over such land are ownership rights, community rights, customary rights over forest or agricultural lands or individual rights.; Page 3

4 2.8 Family means the person and his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him or her and dependent on him or her for their livelihoods. Note: Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits under this Policy. (i) A major son irrespective of his marital status. (ii) Unmarried daughter or sister more than 25 years of age. (iii) Any person with disability, irrespective of age and sex (Duly certified by the authorized Medical Board). (iv) Minor orphan, who has lost both his/her parents. (v) A widow or a woman divorcee. (vi) Old aged father. 2.9 Person with Disability means any person suffering from not less than 40% of any disability, as certified by a medical authority. The disability being (a) blindness (b) low vision (c) leprosy cured (d) hearing impairment (e) locomotor disability (f) mental retardation (g) mental illness (h) autism spectrum disorder, (i) cerebral palsy, (j) muscular dystrophy, (k) chronic neurological conditions or (l) a combination of them Person interested" means all such persons claiming an interest in compensation to be made on account of the acquisition of land under this Policy; it also includes the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights or a person interested in an easement affecting the land or persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and any person whose primary source of livelihood is likely to be adversely affected 2.11 "Agricultural labourer" means a person primarily resident in the affected area for a period of not less than three years immediately before the declaration of the affected area, who does not hold any land in the affected area, but who earns his livelihood principally by manual labour, on agricultural land therein immediately before such declaration and who has been deprived of his livelihood "Non-agricultural labourer" means a person who is not an agricultural labourer but is primarily residing in the affected area for a period of not less than three years immediately before the Page 4

5 declaration of the affected area and who does not hold any land under the affected area but who earns his livelihood principally by manual labour or as a rural artisan and who has been deprived of earning his livelihood principally of manual labour or as such artisan in the affected area; 2.13 "Agricultural land" includes lands being used for the purpose of Agriculture or Horticulture, Dairy farming, Poultry farming, Pisciculture, Breeding of livestock or Nursery growing medicinal herbs etc., raising of crops, grass or garden produce; and land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only; 2.14 BPL family : means the families living below poverty line (BPL) as defined by the Consumer Affairs and Public Distribution Department from time to time and included in BPL list for the time being in force; 2.15 Holding" means the total land held by a person as an occupant or tenant or as both "Land acquisition" means acquisition of land under the J&K Land Acquisition Act, 1934, as amended from time to time, or any other law for the time being in force "Marginal farmer" means a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding up to half hectare "Small farmer" means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer "Notification" means a notification published in the Government Gazette; 2.20 "Occupiers" means Nomadic members of the houseless/ landless Scheduled Tribes having possession and rights over forest land prior to the issuance of Notification Prescribed means, unless otherwise specified, prescribed by guidelines or orders issued by the Government under this policy Project" means a project for which land is being acquired, irrespective of the number of persons affected Requiring body" means a Company, a Corporate body, an Institution, or any other Organization for whom the land is to be acquired by the Government, and includes Government, if the acquisition of land is for Government, either for its own use or Page 5

6 for subsequent transfer of such land in public interest to a Company, a Corporate body, an Institution, or any other Organization, as the case may be, under lease, license or through any other system of transfer of land "Market value" means the value of land determined, as defined in Chapter "Resettlement area" means any area, so declared by the Government, for rehabilitation and resettlement of the affected families NGO or Non-Governmental Organisation means a Society registered under Societies Registration Act Disaster means any event, Natural or Human-induced, which has potential to disrupt the functioning of a Community or a Society, and has potential to involve widespread human, material, economic or environmental losses, which exceed the coping capacity of the affected community, with its own resources. Disasters shall include Earthquakes, Floods, Urban floods, Fires, Forest Fire, Landslides, Mudslides, Avalanches, Windstorms, Cyclones, High Winds, Blizzards, Snowstorms, Heat & Cold Waves, Drought, Hailstorms, Nuclear, Chemical, Biological, Conflict, Industrial disasters, Climate change, Cross border Firing/Tensions, Explosions, Accidents, but will not be limited to these only Disaster Proofing : means taking proactive and mitigation measures to ensure continuity of services, during times of disasters Hazard is a phenomenon or situation that poses a level of risk to life, health, property or environment. Hazards may be dormant or potential in nature Vulnerability is the susceptibility to damage due to a Hazard. It is also the capacity of an individual or society to anticipate, cope, resist and recover from the impact of a disaster. Vulnerability is often higher in poverty, but it can also arise when people are staying in a Hazard prone area Disaster Mitigation Measures are measures taken before the advent of a disaster in order to eliminate or reduce the impacts and risks of disasters, through proactive measures. The measures may be structural or non-structural in nature Structural Mitigation Measures means physical constructions, undertaken to reduce impact of Hazards, by Page 6

7 application of engineering techniques to achieve Hazardresistance & resilience in structures or systems Non-structural Mitigation Measures are measures not involving physical construction. It involves use of appropriate knowledge and skills, in order to reduce impacts of Disasters, through Policies, Land Use Planning, Building Codes and their Enforcement, Research & Assessment, Public Awareness, Information, Education and Communication programmes. CHAPTER-3 3. Policy Preamble: 3.1 Various initiatives have been taken by the Government to ensure overall development of the State. Though peoples participation is primary focus, however, provisions of public facilities or infrastructure often demands the exercise of legal powers by the State for acquisition of private property, leading to involuntary displacement of people, depriving them of their land, livelihood and shelter; restricting their access to traditional resource base, and uprooting them from their socio-cultural environment. 3.2 It is for this reason that Rehabilitation and Resettlement Policy is being put in place. The current intervention of policy formulation has taken note of past experiences. Consultations with various direct and indirect stakeholders, including civil society of the State has been done and views of the academicians and specialists in the field of resettlement and rehabilitation have been considered, as a part of a democratic process in the Policy formulation. 3.3 The State of Jammu and Kashmir is vulnerable to disasters, ranging from destructive floods to catastrophic earthquakes, snow blizzards to avalanches, wind storms to fires, landslides to soil erosion etc. All owing to its peculiar location, topography, rugged terrain, extreme weather conditions, and unique geographical and geo-climatic settings, which render it vulnerable to various disasters. This is besides the share of human-induced disasters the State is vulnerable to. Though majority of these disasters cannot be averted, however loss of life and property due to disasters can be mitigated, which may Page 7

8 also include voluntary or involuntary displacement of the community from the affected or vulnerable areas. 3.4 Displacement of the communities, for any reason, has traumatic, psycho-social, and socio-cultural consequences, on the affected population. It is thus imperative to protect their rights, particularly the weaker sections of the society, including members of the Scheduled Castes, Scheduled Tribes, Marginal Farmers, Women, Children, Old Aged and Persons with Disabilities. Involuntary displacement of people may be caused by other unforeseen factors, as well. 3.5 Rehabilitation and Resettlement Policy has to be intrinsic to the development process and has to be implemented with the active participation of the affected persons; rather than as an externally-imposed requirement. 3.6 Additional benefits beyond monetary compensation may be provided to the families, affected adversely by involuntary displacement. The plight of those who do not have legal or recognized rights over the land, on which they are critically dependent for their subsistence, has also to be considered. 3.7 Thus a broader concerted effort is required on the part of the planners to include in the displacement, rehabilitation and resettlement process framework not only those who directly lose land and other assets but also those who are affected by acquisition of assets. 3.8 The displacement process often poses problems that make it difficult for the affected persons to continue their livelihood activities after resettlement. Assessment of economic disadvantages and social impact of displacement is an essential part of the process. 3.9 The Policy has adopted a humane, participative, informed and transparent process for land acquisition for the purposes of industrialisation, development of essential infrastructural facilities, urbanisation or displacement related to disasters, in order to facilitate the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected, by acquisition. It also has adequate provisions for such affected persons for their rehabilitation, resettlement and recovery, so as to ensure that the cumulative outcome of compulsory acquisition is that the Page 8

9 affected persons become partners in development, leading to an improvement in their post-acquisition socio-economic status 3.10 A holistic effort, aimed at improving the all-round living standards of the affected people, has been the essence of the Policy An effort, aimed at providing multi-disaster resilient construction/infrastructure to the communities. CHAPTER-4 4. Policy Objectives: 4.1 In order to ensure sustained development through a participatory and transparent process the State Government has framed the Rehabilitation and Resettlement Policy. 4.2 The basic objectives of the Policy are: To avoid displacement wherever possible and minimise it by acquiring minimum land, commensurate with the purpose of the Project, exercising other available options To minimise acquisition of agricultural land for nonagricultural use in the Project; multi-cropped land may be avoided to the extent possible for such purposes, and acquisition of irrigated land, if unavoidable, may be kept to the bare minimum To take into consideration alternatives such as wasteland, degraded land or un-irrigated land that will minimize the displacement of people due to the acquisition of land for the Project To recognise voices of displaced communities emphasising the needs of the indigenous communities and vulnerable sections of the society To ensure environmental sustainability through participatory and transparent process and To help guide the process of developing institutional mechanism for implementation, monitoring, conflict resolution and grievance redressal To ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process, with active participation of the affected families; Page 9

10 4.2.8 To ensure that special care is taken for protecting the rights of the weaker sections of society, and for their treatment with concern and sensitivity To provide a better standard of living, making concerted efforts for providing sustainable income to the affected families To integrate rehabilitation concerns into the development planning and implementation process To facilitate harmonious relationship between the Requiring Body and affected families, through mutual cooperation, where displacement is on account of land acquisition To provide alternative Project plans, potentially suitable sites, technological choices available, or a combination of these To provide safer and disaster-resilient infrastructure, for the displaced communities, on account of land acquisition for Projects, or on account of disaster mitigation measures, or as a result of consequences of disasters To provide suitable institutional mechanism, for carrying out the task in a transparent and time-bound manner To do a Social Impact Assessments and provide all required infrastructural facilities and amenities in the resettlement area, in case large numbers of families are affected To resettle communities to the least vulnerable areas To ensure disabled-friendly infrastructure in the resettled areas. CHAPTER 5 5. Provisions of the Policy 5.1 The provisions of the J&K Rehabilitation and Resettlement Policy provide basic minimum compensation for Projects leading to voluntary or involuntary displacement of people. 5.2 The State Government, Public Sector Undertakings or Agencies, and other Requiring Bodies shall be at liberty to provide greater benefit levels than those prescribed in the Policy. 5.3 The principles of this Policy may also apply to the Rehabilitation and Resettlement of persons, voluntarily or involuntarily displaced, due to any other reason, as may be decided by Govt. Page 10

11 5.4 The policy shall provide benefits to the displaced on account of displacement due to disasters or developmental projects. CHAPTER Social Impact Assessment (SIA) and Environmental Impact Assessment (EIA) of Projects: 6.1 Whenever Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat. Municipality or Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such a manner and from such date as may be specified by the Government by notification. 6.2 The notification issued by Government for commencement of consultation and of the Social Impact Assessment study shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the Deputy Commissioner, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website. 6.3 Provided that the Government shall ensure that adequate representation has been given to the representatives of Halqa Panchayat, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study. 6.4 Provided further that the Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement. 6.5 The Social Impact Assessment study report shall be made available to the public. 6.6 The Social lmpact Assessment study shall, amongst other matters, include all the following: (i) Assessment as to whether the proposed acquisition serves public purpose. (ii) Estimation of affected families and the number of families among them likely to be displaced; Page 11

12 (iii) Extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition; (iv) Whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the project; (v) Whether land acquisition at an alternate place has been considered and found not feasible; (vi) Study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-à-vis the benefits of the project: 6.7 Provided that Environmental Impacts Assessment (EIA) study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study. 6.8 While undertaking SIA, the Government shall, inter alia, take into consideration the impact that the Project will have on public and community properties, assets and infrastructure, particularly roads, bridges, public transport, drainage, sanitation, sources of safe drinking water, sources of drinking water for cattle, community ponds, grazing land, plantations, public utilities, such as post offices, fair price shops, etc.; food storage godowns, electric supply, health care facilities, schools and educational/training facilities, places of worship, heritage structures, land for traditional Tribal institutions, burial and cremation grounds, etc. 6.9 In cases where both EIA and SIA are required, the public hearing done in the Project affected area for EIA shall also cover issues related to SIA. Such public hearing shall be organized by the Government Where there is no requirement for EIA, the SIA report shall be made available to the public through public hearing, in the affected area Where both EIA and SIA are required, a copy of the SIA report shall be made available to the agency prescribed in respect of EIA and a copy shall be shared with the Expert Group nominated for the purpose The SIA clearance shall be accorded as per the procedure and within the time limits, as may be prescribed. Page 12

13 6.13 The SIA report shall be examined by an independent multidisciplinary expert group constituted for the purpose by the Government, which shall include the following: (i) Two non-official Social Scientists, (ii) Two representatives of Panchayat, Municipality or Municipal Corporation, as the case may be, (iii) Two experts on Rehabilitation, (iv) A technical expert in the subject, relating to the Project, (v) One Disaster Management Professional, (vi) Two Non-Governmental Organisations (NGOs) working for the Welfare of under privileged sections of the society, including Women, Children, Old-aged, Scheduled Castes, Scheduled Tribes and Persons with Disabilities Government may nominate a person from amongst the members of the Expert Group as Chairman of the Group If the Expert Group constituted is of the opinion that the Project does not serve any public purpose or the social costs and adverse social impacts of the Project outweigh the potential benefits, it shall make recommendations, within two months from the date of its constitution, to the effect that the Project be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision Provided that where Government, inspite of such recommendations, proceeds with the acquisition, then it shall ensure that its reasons for doing do are recorded in writing If the Expert Group constituted for the purpose is of the opinion that the project will serve any public purpose and that the potential benefit outweighs the social costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is absolute bare-minimum extent needed for the Project and whether there are no other less displacing options available. Provided that the grounds for such recommendations shall be recorded in writing by the Expert Group giving details and reasons for such decision The Government shall examine the report of the Collector and the report of the Expert Group on the SIA and after considering Page 13

14 all the reports, recommend such areas for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected The decision of the Government shall be made available in the local language to the Panchayat. Municipality or Municipal Corporation, as the case may be and the offices of the District Collectors/Deputy Commissioners, the Sub Divisional Magistrates and the Tehsil and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government Provided, where the land is sought to be acquired for the purposes, as specified, the Government shall ascertain as to whether the prior consent of the affected families, has been obtained, in the manner to be prescribed Provided, where land is to be acquired for emergency acquisition of minimum area of land, in connection with National/State emergencies/ disasters, shall be exempted from the provisions of SIA, invoking the urgency provision. However, due Institutional safeguards, shall be taken, as may be prescribed, for protecting the interests of the affected families and achieving the broad objectives of the Policy. CHAPTER-7 7. Special Provision to Safeguard Food Security 7.1 Save as otherwise provided, no irrigated multi-cropped land shall be acquired under this Policy. 7.2 Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land shall, in aggregate for all projects in a district, in no case exceed such limits as may be notified by the Government, considering specific factors and circumstances. 7.3 Wherever multi-crop irrigated land is acquired for the Project, an equivalent wasteland shall be developed for agriculture purposes or an amount equivalent to the value of land acquired Page 14

15 shall be deposited with the Government for investment in Agriculture for enhancing food-security. 7.4 In no case shall the aggregate total of agriculture land acquired for any Project within the District exceed the total net sown area of that District 7.5 Provided that the provisions of this section shall not apply in case of projects that are linear in nature such as those relating to Railways, Highways, Major District Roads, Irrigation Canals, Flood Spill Channels, Power lines and the like. CHAPTER-8 8. Notifications and Acquisition: 8.1 Whenever, land in any area is required or likely to be required for any public purpose, the laid down procedure under the J&K Land Acquisition Act 1934 shall be followed. 8.2 A notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:- (i) In the Official Gazette; (ii) In two daily newspapers circulating in the locality of such area of which one shall be in the regional language; (iii) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector the Sub-Divisional Magistrate and the Tehsil; (iv) Uploaded on the website of the Government; (v) In the affected areas, in such manner as may be prescribed. 8.3 No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings are completed: (i) 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 this sub-section: Page 15

16 (ii) 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 the Collector. 8.4 For the purposes of enabling the Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorized by such Government in this behalf, and for his servants and workmen,- (i) to enter upon and survey and take levels of any land in such locality; (ii) to dig or bore into the sub-soil; (iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (iv) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and (v) To mark such levels. boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no action under clauses (i) to (v) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner. Provided that the actions specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey. Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. 8.5 The officer so authorised shall at the time of entry pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector of the district, and such decision shall be final. 8.6 Upon the publication of the preliminary notification, the Collector for Rehabilitation and Resettlement shall conduct a survey and Page 16

17 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. 8.7 The Collector shall, based on the survey and census, 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- (a) a list of Government buildings to be provided in the Resettlement Area; (b) Details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area. 8.8 The draft Rehabilitation and Resettlement scheme shall include time limit for implementing Rehabilitation and Resettlement Scheme; 8.9 The draft Rehabilitation and Resettlement scheme shall be made known locally by wide publicity in the affected area and discussed in the concerned Panchayat or Municipalities 8.10 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 Panchayat or Municipality, public hearings shall be conducted in every Halqa or Municipality where more than twenty-five percent of land belonging to that Halqa or Municipality is being acquired: 8.11 After the completion of public hearing and considering the specific claims and objections raised in the public hearing, the Collector shall. Page 17

18 (a) review the draft Scheme at the project level: (b) submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation. as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the Government When the Government is satisfied, after considering the report. If any, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the "resettlement area" for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of the duly authorised officer to certify, its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration: Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the Government toward the cost of acquisition of the land: Provided also that the Requiring Body shall deposit the amount promptly so as to enable the Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified Every declaration shall be published- (a) in the Official Gazette; Page 18

19 (b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language; (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil; (d) uploaded on the website of the Government; (e) in the affected areas, in such manner as may be prescribed Every declaration shall indicate,- (a) the district or other territorial division in which the land is situated; (b) the purpose for which it is needed. its approximate area; and (c) the place at which the plan may be inspected without any cost The declaration shall be conclusive evidence that the land is required for a public purpose and after making such declaration, the Government may acquire the land in such manner as specified under this Policy Where no declaration is made within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded: Provided further that the Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same: Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned The Collector shall thereupon cause the land, unless it has been already marked out, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same. (i) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. Page 19

20 (ii) The public notice shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made. (iii) The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (iv) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situated. (v) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of place or business and also publish the same in at least two daily newspapers and also on his website The Collector may also require any such person to make or deliver to him, within thirty days after the date of the requisition: (i) A statement containing, as far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise and of the nature of such interest and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. (ii) Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice, to the measurements, and into the value of Page 20

21 the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of i. the true area of the land; ii. the compensation as determined along with Rehabilitation and Resettlement Award and which in his opinion should be allowed for the land; and iii. the apportionment of the said compensation among all the persons known or believed to be interested in the land. or whom, or of whose claims, he has information, whether or not they have respectively appeared before him The Collector shall make an award within a period of twelve months from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. Provided that the Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned The Collector shall adopt the following criteria in assessing and determining the market value of the land:- (a) the market value specified in the Stamp Act, for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area: or (c) consented amount of compensation as agreed upon in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: Provided that the date for determination of market value shall be the date on which the notification has been issued. Explanation (l).-the average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. Page 21

22 Explanation (2).-For determining the average sale price referred to in Explanation l, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. Explanation (3).-While determining the market value under this section and the average sale price referred to in Explanation (I) or Explanation (2), any price paid, as compensation for land acquired under the provisions of this Policy on an earlier occasion in the district shall not be taken into consideration. Explanation (4).-While determining the market value under this section and the average sale price referred to in Explanation (1) or Explanation (2), any price paid which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value The market value calculated shall be multiplied by a factor to be specified in the Schedule. Where the market value cannot be determined for the reason that- (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (b) the registered sale deeds or agreements to sell for similar land are not available for the immediately preceding three years; or (c) the market value has not been specified under the Stamp Act, by the appropriate authority, the State Government shall specify the floor price or minimum price per unit area of the said land based on the Price calculated in respect of similar types of land situated in the immediate adjoining areas: Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent of the value so calculated: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated: Page 22

23 Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area: Provided also that the Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land In determining the amount of compensation to be awarded for land acquired under this Policy, the Collector shall take into consideration: (a) the market value as determined and the award amount in accordance with the Schedules: (b) The damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof; (c) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land by reason of severing such land from his other land: (d) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously afflicting his other property, movable or immovable, in any other manner, or his earnings; (e) in consequence of the acquisition of the land by the Collector, the person interested is compelled to change their residence or place of business, the reasonable expenses (if any) incidental to such change; (f) the damage (if any) bonafide resulting from diminution of the profits of the land between the time of the publication of the declaration and the time of the Collector's taking possession of the land; and (g) any other ground which may be in the interest of equity, justice and beneficial to the affected families. Page 23

24 8.28 The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition may use the services of experienced persons in the field of agriculture as may be considered necessary by him The Collector having determined the total compensation to be paid, shall, to arrive at the final award, add Solatium amount as included in the annexed Schedules, to the compensation amount. Explanation.- For the removal of doubts it is hereby declared that Solatium amount shall be in addition to the compensation payable to any person whose land has been acquired The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the Schedule In addition to the market value of the land provided the Collector shall, in every case, award an amount calculated at the rate of twelve per cent, per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study, in respect of such land, till the date of the award of the Corrector or the date of taking possession of the land, whichever is earlier. CHAPTER 9 9. Procedure and Manner of Rehabilitation and Resettlement 9.1 Where the Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification appoint in respect of that project an officer not below the rank of Collector or equivalent official of Revenue Department to be the Collector for Rehabilitation and Resettlement. Page 24

25 9.2 The Collector shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the Government may decide. 9.3 Subject to the superintendence, directions and control of the Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Collector. 9.4 The State Government shall appoint an officer not below the rank of Deputy Commissioner, who will be designated as Commissioner for Rehabilitation and Resettlement of affected families under this Policy. 9.5 The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. 9.6 The Commissioner shall be responsible for the post-implementation social audit in consultation with the Panchayat in rural areas and municipality in urban areas. 9.7 Where land proposed to be acquired is equal to or more than one hundred acres, the Government shall constitute a Committee under the chairmanship of the Commissioner to be called the Rehabilitation and Resettlement Committee, 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 Panchayat in rural areas and municipality in urban areas. 9.8 The Rehabilitation and Resettlement Committee shall include, apart from officers of the Government, the following members,:- (i) Members. of Parliament and Members of Legislative Assembly of the area included in the affected area; (ii) Representative of women residing in the affected area; (iii) Representative each of the Scheduled Castes and Scheduled Tribes residing in the affected area; (iv) Representative of an NGO/Voluntary organization; (v) Representative of the lead bank; (vi) Sarpanch/ Panch of the Panchayats and or Chairman of Municipalities located in the affected area, or their nominee(s); (vii) Disaster management professional, (viii) Land Acquisition Officer of the project; (ix) Representative of the requiring body. Page 25