1 of 34

Rehabilitation & Resettlement Entitlements Under RFCTLARR Act, 2013

Presented By: Sujit Bora

Research Scholar (Legal Matter)

North East Centre of Excellence on Land Governance, Guwahati Centre

2 of 34

The Land Acquisition Act of 1894 has several shortcomings, including:

Inadequate Compensation (Significantly below market value)
Lack of Rehabilitation and Resettlement
Absence of Social Impact Assessment
No Proper Dispute Redressal Mechanism
Unclear Definition of Public Purpose

Land Acquisition governed by Land Acquisition Act 1884:

Land: Vital livelihood for millions with deep emotional ties.
Prevailed for almost 130 years
Multiple amendments centre as well as states

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:

Balances farmers' needs with industrialization/infrastructure goals.
Includes social impact analysis, recognizes non-owners as affected.
Mandates consent of displaced, ensures statutory resettlement.
Limits urgency clause for land acquisition.

SHORT BACKGROUND OF RFCTLARR ACT 2013

3 of 34

RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

13 CHAPTERS

114 SECTIONS

FOUR SCHEDULES

REHABILITATION AND RESETTLEMENT ENTITLEMENTS

CHAPTER V: REHABILITATION AND RESETTLEMENT AWARD

SCHEDULE II: ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS

SCHEDULE III: PROVISION OF INFRASTRUCTURAL AMENITIES

CHAPTER VI: PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

4 of 34

Cases to which R&R provisions of the Act apply

When appropriate Government acquires land for its own use , hold and control, including for Public Sector Under Takings and for public purpose.

When appropriate Government acquires land for public private partnership projects for public purpose where ownership of land continues to vest with Government.

When appropriate Government acquires land for Private Company for Public Purpose

When Private Company acquires land equal to such limits in rural and urban areas as may be prescribed by Appropriate Government through private negotiation with the owners of land in accordance with provision under section 46 of the Act

Where Private Company requests appropriate Government for partial acquisition for public purpose, then R&R will be applicable for the entire area ( Land purchased + acquired by Govt for the Project as a whole)

5 of 34

Administrator for Rehabilitation and Resettlement

For land acquisition causing displacement, the State Government shall appoint a Revenue Department officer (Joint Collector or above) as Administrator via notification.
The Administrator gets powers, duties, office support, and staff from the Government to work efficiently.
Under Government and Commissioner oversight, the Administrator formulates, executes, and monitors the Rehabilitation and Resettlement Scheme.

Commissioner

The State Government shall appoint an officer (rank of Commissioner or Secretary) as the Commissioner for Rehabilitation and Resettlement to manage affected families under this Act.

The Commissioner oversees the formulation and proper implementation of rehabilitation and resettlement schemes.
The Commissioner conducts post-implementation social audits in consultation with Gram Sabha (rural) or municipality (urban).

Rehabilitation and resettlement committee at project level

For land acquisition of 100 acres or more, the appropriate Government shall form a Rehabilitation and Resettlement Committee, chaired by the Collector, to monitor and review the implementation of the Rehabilitation and Resettlement scheme and conduct post-implementation social audits in consultation with Gram Sabha (rural) or municipality (urban).

6 of 34

Composition of rehabilitation & resettlement committee

Apart from the officers of the appropriate Government, the following members shall be included in the Rehabilitation and Resettlement Committee

A representative of women residing in the affected area;

A representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area;

A representative of a voluntary organisation working in the area;

A representative of a nationalised bank;

the Land Acquisition Officer of the project;

The Chairpersons of the panchayats or municipalities located in the affected area or their nominees;

The Chairperson of the District Planning Committee or his nominee;

The Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees;

a representative of the Requiring Body; and

Administrator for Rehabilitation and Resettlement as the Member-Convenor.

7 of 34

Preparation of Rehabilitation and Resettlement Scheme by the Administrator( U/S -16)

Livelihoods lost (land losers and landless dependent on acquired land)

Particulars of lands and immovable properties acquired.

Details of acquired common property resources.

Details of affected amenities and infrastructural facilities.

List of affected public utilities and Government buildings.

Survey and Census by Administrator

8 of 34

Draft R & R scheme preparation

Entitlements for landowners and landless whose livelihoods depend on acquired land.

Public amenities and infrastructural facilities in the Resettlement Area.

List of Government buildings to be provided in the Resettlement Area.

9 of 34

Some additional requirements of draft R & R Scheme

The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme

Publicity (Section 16(4)): Draft R&R Scheme shall be publicized locally and to be discussed in Gram Sabhas or Municipalities.

Public hearings 16(5)

Public Hearing (Section 16(5)):

Conducted with adequate publicity about date, time, and venue.

Mandatory in every Gram Sabha/Municipality where >25% of land is acquired.

In Scheduled Areas, consultation aligns with Panchayats (Extension to Scheduled Areas) Act, 1996.

Submission of Draft Scheme along with a specific report on the claims & objections to the collector

10 of 34

Review of the Draft R & R Scheme by Collector in collaboration with the the Rehabilitation and Resettlement Committee at the project level (Sec 17(1))

Submits the draft Scheme with suggestions to the Commissioner Rehabilitation and Resettlement for approval (Sec 17(2))

The Commissioner will share the approved plan in the local language with local bodies, post it in affected areas, and upload it on the government website. (Sec 18)

11 of 34

Declaration and Summary of R&R Scheme (Sec 19)

Declaration of Land & Resettlement Area

Once satisfied (after Sec. 15(2) report), Govt. issues a declaration for land needed for public purpose and also declares the identified resettlement area.
Declaration must be signed by a Secretary or authorized officer.
Can issue multiple declarations for different land parcels under one preliminary notification.

Publication of R&R Scheme Summary

Collector must publish the summary of R&R Scheme along with the declaration.
Declaration is invalid without the R&R summary.
Requiring Body must deposit full/part of acquisition cost before declaration.
Deposit must be made promptly to enable Govt. to publish the declaration within 12 months of preliminary notification.

Staged Acquisition Projects

For phased land acquisition, R&R implementation can also be staged.
Declarations to be issued as per specified stages.

12 of 34

The manner of publication of declaration (Sec 19(4))

in the Official Gazette

in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language

in the Panchayat, Municipality or Municipal Corporation and in the offices of the DC, the SDM and the Circle officer

uploaded on the website of the appropriate Government

in the affected areas, in such manner as may be prescribed

13 of 34

Rehabilitation and Resettlement Award for affected families by Collector

The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.

The Rehabilitation and Resettlement Award shall include all of the following:

Rehabilitation and resettlement amount payable to the family;

bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;

particulars of house site and house to be allotted, in case of displaced families;

particulars of land allotted to the displaced families

particulars of one-time subsistence allowance and transportation allowance in case of displaced families

14 of 34

particulars of payment for cattle shed and petty shops;

particulars of one-time amount to artisans and small traders

details of mandatory employment to be provided to the members of the affected families;

particulars of any fishing rights that may be involved;

particulars of annuity and other entitlements to be provided

particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided:

15 of 34

Elements of Rehabilitation and Resettlement entitlements for all the affected Families

( As per Second Schedule)

a. Provision of housing units in case of displacement

Housing Loss Compensation:

In rural areas, a house as per Indira Awas Yojana norms.
In urban areas, a constructed house of at least 50 sq. m. plinth area.

Eligibility & Options:

Families without homestead land, residing for at least 3 years before notification and displaced involuntarily, are eligible.
Urban families may opt for a one-time assistance of ₹1.5 lakh instead of a house.
Rural families may choose the equivalent cost instead of a constructed house and Only one house shall be provided per affected family under the Act.

22 of 34

8. One-time grant to artisan, small traders and certain others

Eligibility: Affected families of artisans, small traders, self-employed persons, or those owning non-agricultural land/commercial structures.
Condition: Involuntarily displaced due to land acquisition.
Assistance: One-time financial grant.
Amount: Minimum ₹25,000, as specified by the Government.

23 of 34

9. Fishing rights

In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government.

24 of 34

10. One-time Resettlement Allowance

Each affected family shall be given a one-time resettlement allowance of Rs. fifty thousand rupees only.

26 of 34

Provision of infrastructural amenities in resettlement area(32)

28 of 34

Panchayat Ghars, as appropriate.

Village level Post Offices, as appropriate, with facilities for opening saving accounts.

Appropriate seed-cum-fertilizer storage facility if needed

Basic irrigation should be ensured for resettled families' farmland, either through the project, cooperatives, or government schemes.

New resettlement villages must have public transport linking them to nearby towns or growth centres

29 of 34

Burial or cremation ground, depending on the caste- communities at the site and their practices.

Facilities for sanitation, including individual toilet points.

Individual single electric connections for each household and for public lighting.

Anganwadi‘s providing child and mother supplemental nutritional services

School as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009

30 of 34

Sub-health centre within two kilometres range

Primary Health Centre as prescribed by the Government of India.

Playground for children.

One community centre for every hundred families.

Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area.

31 of 34

Separate land must be earmarked for traditional tribal institutions.

Forest dweller families should retain access to non-timber forest produce and common resources near their new or original settlements, wherever possible.

Appropriate security arrangements must be provided for the settlement, if needed.

Veterinary service centre as per norms.

32 of 34

Corrections to awards by Collector (sec 33)

Time Limit: Collector can correct clerical or calculation errors in the award within 6 months or before referring the matter under Section 64.
Initiation: Corrections may be made by the Collector on his own or on request by an interested person or local authority.
Protection of Interests: No adverse correction allowed without giving the affected person a chance to respond.
Notification: All concerned persons must be immediately informed of any correction.
Refund of Excess Payment: Any excess amount paid due to such correction must be refunded, and can be recovered by the government in case of non-payment.

33 of 34

Affected family to avail options for better compensation, rehabilitation and resettlement (U/S-108)

If a State law or policy offers higher compensation than this Act, affected persons or their family members may choose to opt for the higher compensation under that State law or policy.
If a State law or policy provides more beneficial rehabilitation and resettlement (R&R) provisions, affected persons or their family members may choose to opt for those R&R benefits instead of those under this Act.