(1) These rules may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015.

(2) They shall be applicable in cases of land acquisition where the Central Government is the appropriate Government as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

(3) They shall come into force on the date of their publication in the Official Gazette.

In these rules, unless the context otherwise requires,

(a) Aadhaar number means a 12 digit unique identification number generated and issued to an individual by the Unique Identification Authority of India (UIDAI) after de-duplication of demographic and biometric information pertaining to that individual;

(b) Act means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);

(c) consent based Aadhaar authentication service means electronic authentication carried out by Unique Identification Authority of India (UIDAI), or agencies appointed by it, after matching the biometric information of an individual at his request or with his consent, with the information maintained by UIDAI in its own central servers, and includes a Yes/No response, or a response containing the demographic information and photograph of that individual;

(d) section means section of the Act;

(e) words and expressions used but not defined in these rules and defined in the Act, shall have the meanings respectively assigned to them in the Act.

REQUEST FOR LAND ACQUISITION

(1) After completion of Social Impact Assessment, wherever applicable and receipt of the recommendations of the Expert Group, if it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, the Requiring Body or its authorised representative, for whom land is to be acquired shall file the request to the concerned Collector in Form 1 along with the following documents, namely

(i) detailed project report;

(ii) sanction letter of project;

(iii) three copies of Record of Rights and revenue maps of the affected areas;

(iv) information about the classification of land that is, irrigated multi-cropped, single cropped, wasteland, etc.;

(v) any other information required by the Collector.

(2) A copy of the request filed with the Collector under sub-rule (1) shall be submitted to the Commissioner.

(3) Where the Requiring Body is the Government, the request shall be filed by the Secretary of the concerned Department and in case of Public Sector Undertaking, by Secretary of the Department dealing with such undertaking.

(1)(a) The Collector, on receiving the request under sub-rule (1) of Rule 3, shall constitute a committee of officers consisting of officers from Revenue Department, Agriculture Department, Forest Department, Water Resources Department, Building Department or any other Department as the Collector deems necessary to make a field visit along with the representatives of the Requiring Body to make a preliminary enquiry regarding

(i) availability of waste or arid land;

(ii) correctness of the particulars furnished in the request under sub-rule (1) of Rule 3;

(iii) bare minimum land required for the project;

(iv) whether the request is consistent with the provisions of the Act,

and submit a report to the Collector.

(b) The report of the committee referred to in clause (a) shall include the following, namely

(i) that the proposed acquisition of land serves public purpose;

(ii) that the extent of land proposed for acquisition is the absolute bare-minimum needed for the project;

(iii) that the acquisition of land at an alternate place has been considered and found not feasible;

(iv) that there is no unutilised land which has been previously acquired in the area;

(v) that the land, if any, acquired earlier and remained unutilised, may be used for such public purpose;

(vi) the recommendations of the committee.

(2)(a) If the Collector, on the basis of the report of the committee referred to in sub-rule (1), other information available with him and instructions issued by the Central Government in this regard, is satisfied that the request is consistent with the provisions of the Act, he shall make a preliminary estimate of the cost of the acquisition as defined in clause (i) of Section 3.

(b) The administrative cost under item (A) of sub-clause (vi) of clause (i) of Section 3 shall be at the rate of five per cent of the cost of compensation as provided in sub-clause (i) of clause (i) of Section 3 subject to a maximum of five crore rupees.

(c) The Collector shall inform the Requiring Body to deposit the estimated cost of acquisition or part thereof as specified by the Collector in the designated account of the office of the Collector before the publication of declaration under sub-section (2) of Section 19 within such period as may be specified by him and the Requiring Body shall deposit the same within the said period.

(3) The Requiring Body shall deposit the balance cost of acquisition after final estimation is prepared by the Collector and in cases where excess amount is awarded by the Authority or Court, the same shall be deposited as and when so required.

PRELIMINARY NOTIFICATION FOR LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT SCHEME

(1) The preliminary notification referred to in Section 11 shall be published in Form II.

(2) A copy of the preliminary notification mentioned in Section 11 shall be affixed at conspicuous places in the affected areas and shall also be informed to the public by beat of drum.

(3) After publication of the preliminary notification under Section 11, the Collector shall ensure completion of the exercise of updating land records as specified hereunder

(a) delete the names of deceased persons;

(b) enter the names of the legal heirs of the deceased persons;

(c) enter the registered transactions of the rights in land such as sale, gift, partition etc.;

(d) make all entries of the mortgages in the land records;

(e) delete the entries of mortgages in case the lending agency issues letter towards full payment of loans taken through registered re-conveyance of mortgaged property deeds;

(f) make necessary entries in respect of all prevalent forest laws;

(g) make necessary entries in case of the Government land;

(h) make necessary entries in respect of assets on the land like buildings, trees, wells, etc.;

(i) make necessary entries of share-croppers in the land;

(j) make necessary entries of crops grown or sown and the area of such crops; and

(k) any other relevant entries.

(1) The Collector shall issue a notice for inviting objections in Form III and after hearing all objections and making enquiry as provided under sub-section (2) of Section 15 shall submit a report along with his recommendations on the objections to the appropriate Government for decision.

(2) The report of the Collector shall include the following

(a) assessment as to whether the proposed acquisition serves public purpose;

(b) whether the extent of land proposed fir acquisition is the absolute bare-minimum extend needed for the project;

(c) whether land acquisition at an alternate place has been considered and found not feasible;

(d) there is no unutilised land which has been previously acquired in the area;

(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and recommendations in respect thereof;

(f) recommendations on the objections;

(g) record of proceedings;

(h) approximate cost of land acquisition in cases where Social Impact Assessment has been exempted.

(1) Upon publication of the preliminary notification under sub-section (1) of Section 11, the Administrator shall conduct a survey and undertake a census of the affected families within a period of two months from the date of publication of such preliminary notification.

(2) For the purpose of the survey to be conducted and the census of the affected families to be undertaken by the Administrator, he shall take into account

(a) the Social Impact Assessment report;

(b) the records of the Panchayat, Municipality or Municipal Corporation, as the case may be, and other Government records.

(3) The Administrator shall get the data verified by door to door visit of the affected families and by site visits in case of infrastructure projects in the affected area.

(4) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall, in addition to the particulars mentioned in the sub-section (2) of Section 16, contain the following, namely

(a) list of affected families with Aadhaar number of its members, if available;

(b) list of displaced families with Aadhaar number of its members, if available;

(c) list of infrastructure in the affected area;

(d) list of land holdings in the affected area;

(e) list of trees, buildings, other immovable property or assets attached to the land or building which are to be acquired;

(f) list of trades or businesses in the affected area;

(g) list of persons belonging to the Scheduled Castes or the Scheduled Tribes, the handicapped or physically challenged persons in the affected area:

Provided that in case a person does not have an Aadhaar number, efforts may be made to get him so enrolled, provided he gives his consent for such enrolment and the claims of the affected families may be facilitated by carrying out consent-based Aadhaar authentication service.

(5) The Administrator shall give wide publicity to the draft Rehabilitation and Resettlement Scheme in the affected area through publication in the following manner, namely

(a) in the Official Gazette;

(b) in two daily newspapers being circulated in the locality of such area of which one shall be in the regional language:

Provided that in a place where such media is not available, then this clause shall not apply;

(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, Taluk, Sub-division or Block, as the case may be;

(d) uploaded on the website of the appropriate Government.

(6) The Administrator or an officer authorised by him shall conduct a public hearing in the affected areas by issuing advance notice of three weeks on the date, time and venue mentioned in the said notice in accordance with the provisions of Rule 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014, dated the 8th August, 2014.

The Commissioner shall publish the approved Rehabilitation and Resettlement Scheme by affixing it in conspicuous places in the affected area.

The Development Plan, in cases of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or Scheduled Tribes families, referred to in Section 41 shall be prepared in Form IV.

DECLARATION AND AWARD

The declaration referred to in sub-section (1) of Section 19 shall be published by affixing a copy thereof in local language at conspicuous places in the affected areas in Form V.

The land acquisition award referred to in Section 23 shall be made in Form VI and Form VII.

The fishing rights referred to in column (3) against Serial Number 9 of the Second Schedule to the Act, shall be allowed by the Fisheries Department in consultation with the Irrigation Department, Revenue Department or any other concerned Department of the Government.

In the case of any default or refusal to pay the excess amount as referred to in sub-section (3) of Section 33, the same shall be recovered as arrears of land revenue under the provisions of the Revenue Recovery Act, 1890 (1 of 1890) and such recovery proceedings shall be initiated within a period of three years from the date on which the excess amount is found to have been paid.

Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be recovered as arrears of land revenue under the provisions of the Revenue Recovery Act, 1890 (1 of 1890).

The limits of extent of land referred to in clause (a) of sub-section (3) of Section 2 shall be twenty hectares in urban areas and forty hectares in rural areas.

ADMINISTRATOR, REHABILITATION AND RESETTLEMENT COMMITTEE AND NATIONAL MONITORING COMMITTEE

The Administrator shall have the following powers, duties and responsibilities, namely

(a) to conduct a survey and undertake a census of the affected families and details of livestock possessed by each affected family in accordance with Rule 7;

(b) to prepare a draft Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft Scheme);

(c) to give wide publicity to the draft Scheme in accordance with sub-rule (5) of Rule 7 in the affected areas;

(d) to make the draft Scheme available to the concerned persons and authorities;

(e) to organise and conduct public hearings on the draft Scheme;

(f) to submit the draft Scheme to the Collector;

(g) to execute and monitor the Rehabilitation and Resettlement Scheme;

(h) to assist the Commissioner in post-implementation social audit of Rehabilitation and Resettlement Scheme; and

(i) any other work required to be done for Rehabilitation and Resettlement.

(1) The Rehabilitation and Resettlement Committee constituted under Section 45 shall follow the following procedures

(a) the Committee shall have its first meeting when a draft Scheme has been prepared by the Administrator;

(b) the Committee shall discuss the draft Scheme and make suggestions and recommendations and thereafter, the Committee shall meet to review and monitor the progress of rehabilitation and resettlement once in a month till the process of rehabilitation and resettlement is completed;

(c) for the purpose of carrying out the post-implementation social audits, the Committee shall meet once in three months;

(d) the Committee may visit the affected area and discuss with the affected families if it so requires and also visit the resettlement area to monitor the resettlement process.

(2) The Member-Convener of the Committee shall be assisted by subordinate officers and staff provided by the appropriate Government.

(3) The non-official members of the Committee shall be entitled to travelling and daily allowance at the rate admissible to the Group A Officers of the Central Government.

(1) The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) and procedure for the investigation of misbehaviour or incapacity of the Presiding Officer of Authority shall be the same as applicable to a District Judge.

(2) The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Registrar of the Authority shall be the same as applicable to an officer of the rank of Deputy Secretary in the Central Government.

(3) The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the officers and employees of the Authority shall be the same as applicable to the officers of the Central Government of equivalent rank.

(1) The National Monitoring Committee constituted under Section 48 shall review and monitor the implementation of the rehabilitation and resettlement schemes for the projects within two months of the publication of the approved schemes by the Commissioner under Section 18 and thereafter, the meetings of the Committee shall be held once in three months to review and monitor the implementation of the rehabilitation and resettlement schemes.

(2) For the purposes of sub-rule (1), the Committee may

(a) call for records and information of rehabilitation and resettlement schemes;

(b) call the Requiring Body for discussion as and when required;

(c) ask for report about implementation of its decision.

(3) The non-official experts associated with the National Monitoring Committee shall be paid travelling and daily allowance at the rate admissible to an officer of the rank of Joint Secretary in the Central Government.

MISCELLANEOUS

(1) When any land acquired under the Act remains unutilised for a period of five years as referred to in Section 101, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank 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 necessary order in writing by the Collector in this behalf for this purpose.

(2) After passing the order by Collector under sub-rule (1), the Collector shall take the possession of the acquired land for the purpose of returning the same to the original owner or owners of their legal heirs, as the case may be, or to the Land Bank.

(3) If the land is being returned to the original owner or owners or their legal heirs, as the case may be, the compensation paid to them excluding solatium shall be returned and deposited by them in the designated account of the office of the Collector as specified by him before taking possession of the land and the amount so refunded shall be used towards development of culturable wasteland.

(4) If the Requiring Body does not handover possession of the said land to Collector, the Collector shall be competent to take the help of the concerned Executive Magistrate and police force to take the possession after giving prior notice to the Requiring Body.

[See Rule 3(1)]

From:

Name

and/or Designation of the Requiring Body

To:

1. The Collector

District

2. Commissioner, Rehabilitation and Resettlement,

It is requested to acquire hectare(s) of land for which . project/purpose and the details are furnished in Annexure I, II and III along with three copies of Combined Sketch (to scale) showing the lands to be acquired.

The gestation period of the project will be years and .. months (applicable only if gestation period is more than five years.)

Requisite cost of acquisition including cost of social impact assessment study (SIA) is available and will be deposited in your office, as provided under provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as and when required by you. All further necessary information and assistance will be provided on the date/time appointed/stipulated by you.

Yours faithfully,

Requiring Body

ANNEXURE I

Note of the project

(1) Name of the village

(2) Name of the Taluk/Sub-division/Tehsil/Block (as applicable)

(3) Name of the Municipality/Municipal Corporation

(4) Name of the District

(5) Survey Nos. to be acquired

(6) Total area under request (in hectares/sq. metres)

(7) Boundaries of the area to be acquired

East

West

North

South

(8) Area of the agricultural and irrigated multi-cropped land

(9) Reasons for inclusion of agricultural and irrigated multi-cropped land

.

.

.

(10) Details of buildings and other structures, tanks, wells, trees, etc.

(11) Reasons for the inclusion of religious building, graveyard or tomb etc. for acquisition, if any.

Requiring Body

ANNEXURE II

Name of the project

1. Department or Government or Company, Local Authority, Institution:

2. Official designation of the Requiring Body

3. Purpose of acquisition (in detail)

4. Whether the request is filed u/s 2(1) of the Act by the Government or Department for its own use hold and control

5. Whether the request is filed u/s 2(1)(a) to 2(1)(f) of the Act

6. Whether the request is filed u/s 2(2)(a) or (b) of the Act

7. How many families are affected as described u/s 3(c)(i) to (vi) of the Act

8. Whether the request is filed u/s 40 of the Act

9. If so, on what ground?

10. Has the land for the project been partially purchased from the owners by private negotiation?

11. If so, on what date and on what terms (please state the terms of negotiation in short and attach the copy of it)

12. Date of issue of administrative approval for the project (copy to be attached) in case of Government or Department or local authority.

13. Reasons for delay in filing request, if request is filed after six weeks from the date of administrative approval of the project in case of Government or Department or local authority.

14. By what time possession of the land is required.

Requiring Body

ANNEXURE III

Name of the project

(1) Certified that the project for which the land is sought to be acquired has been administratively approved vide Department letter No. ., dated for acquisition under the Act (Copy of letter attached). (If applicable)

(2) The estimated cost of the project is of Rs and necessary budget was sanctioned and funds are available towards cost of acquisition.

(3) The Requiring Body undertakes to pay the full amount in case of decree by the Land Acquisition, Rehabilitation and Resettlement Authority/High Court/Supreme Court as and when asked to do so by the Collector.

Requiring Body

[See Rule 5(1)]

No. .. Dated ..

Whereas it appears to the appropriate Government that a total of .. hectares land is required in the Village . Taluk/Sub-division/Tehsil/Block (as applicable) . *District for Public purpose, namely, .. Social Impact Assessment Study was carried out by Social Impact Assessment (SIA) Unit and a report submitted/preliminary investigation was conducted by a team constituted by Collector as laid down under Rule 4. The summary of the Social Impact Assessment Report/preliminary investigation is as follows (Attach copy of SIA report):

A total of (no.) families are likely to be displaced due to the land acquisition. The reason necessitating such displacement is given below.

_____________________________________________________________________________

. is appointed as Administrator for the purpose of rehabilitation and resettlement of the affected families. Therefore it is notified that for the abovesaid project in the .. Village of .. Taluk/Sub-division/Tehsil/Block (as applicable) .. District a piece of land measuring, .. hectares viz; hectare of standard measurement, whose detail description is as following, is under acquisition:

This notification is made under the provisions of Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), to all whom it may concern.

A plan of the land may be inspected in the office of the Collector and .. on any working day during the working hours.

The Government is pleased to authorise Officer and his staff .. to enter upon and survey land, take levels of any land, dig or bore into the sub-soil and do all other acts required for the proper execution of their work as provided and specified in Section 12 of the said Act.

Under Section 11(4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector.

Objections to the acquisitions, if any, may be filed by the person interested within 60 (sixty days) from the date of publication of this notification as provided under Section 15 of the Act before Collector.

Since the land is urgently required for the project falling within the purview of Section 40(2) and the same has approval of the Parliament, it has been decided not to carry out the Social Impact Assessment Study, vide G.O. No. ., , dated . (Strike if not applicable)

Encl: As above

Place:

[See Rule 6]

Notice is hereby given that the land specified in the Schedule below and situated in the village of .. in the Taluk/Sub-division/Tehsil/Block (as applicable) . in the District of . is needed or is likely to be needed in accordance with the notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) published by the Collector at page .. of Part I of the (name of State/UT) Gazette, dated All persons interested in the land are accordingly required to file their objections before within sixty (60) days from the date of publication of the above preliminary notification, a statement in writing of their objection, if any, to the acquisition of the said land.

Any objection statement which is received after the due date or which does not clearly explain the nature of the senders interest in the lands is liable to be summarily rejected.

Objections received within the due date, if any, will be enquired into on at . when the objectors will be at liberty to appear in person or by Advocate and to adduce any oral or documentary evidence in support of their objections.

SCHEDULE

Place:

[See Rule 9]

(a) Details of land rights due, but not settled,

(b) Details of actions for restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive,

(c) Programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes under Section 41(5) of the Act.

[See Rule 10]

Whereas it appears to the Government that a total of . hectares land is required in the Village . Taluk/Sub-division/Tehsil/Block (as applicable) .. District for public purpose, namely .

Therefore declaration is made that a piece of land measuring .. hectares is under acquisition of the abovesaid project in the Village .. Taluk/Sub-division/Tehsil/Block (as applicable) .. District . whose detailed description is as following:

This declaration is made after hearing of objections of persons interested and due enquiry as provided u/s 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). The number of families likely to be resettled due to land acquisition is . for whom resettlement area has been identified, whose brief description is as following

Village Taluk/Sub-division/Tehsil/Block (as applicable) .. District .. Area (in hectares).

Mines of coal, iron-stone, slate or other minerals lying under the said land or any particular portion of the said land, except such parts of the mines and minerals which may be required to be dug or removed or used during the construction phase of the project for the purpose of which the land is being acquired, are not needed.

A plan of the land may be inspected in the office of the Land Acquisition Officer and .. on any working day.

A summary of the Rehabilitation and Resettlement Scheme is appended.

Encl: As above

Secretary, Revenue Department

[See Rule 11]

Land Acquisition Case No:

If under Section 40(1) the number and date of the order of Government giving authority to do so.

*Bank account details to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant.

[See Rule 11]

Land Acquisition Case No.:

If under Section 40(1), the number and date of the order of Government giving authority to do so.

*Bank account details to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant.

1. Ministry of Rural Development, Noti. No. G.S.R. 985(E), dated 18 December, 2015, published in the Gazette of India, Extra., Part II, Section 3(i), dated 18th December, 2015, pp. 16-33, No. 798