State of Telangana - Act
Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
TELENGANA
India
India
Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
Rule TELANGANA-STATE-RIGHT-TO-FAIR-COMPENSATION-AND-TRANSPARENCY-IN-LAND-ACQUISITION-REHABILITATION-AND-RESETTLEMENT-RULES-2014 of 2014
- Published on 19 December 2014
- Commenced on 19 December 2014
- [This is the version of this document from 19 December 2014.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title , extent and commencement.
- 1. These rules may be called the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.2. They shall extend to the whole of the State of Telangana.
2. Definitions.
Chapter II
Requisition for land Acquisition
3. Requisition for land Acquisition.
4. Action by District Collector on receiving requisition.
Chapter III
Social Impact Assessment (SIA)
5. Acquisition under Urgency Provisions and Exemption from Social Impact Assessment Study.
- Where any land is proposed to be acquired invoking urgency provisions under section 40 of the Act and if it is considered expedient to do so and if such urgency falls within the purview of section 40 (2), the District Collector shall submit a report to the State Government seeking permission to invoke the urgency provisions giving cogent reasons and for exemption from undertaking social impact assessment study in such acquisition. The State Government shall examine the proposal and if satisfied that urgency provisions may be resorted to, communicate its decision to the District Collector. The District Collector thereafter shall proceed with the acquisition in accordance with provisions of the Act and these Rules.6. Social Impact Assessment Study.
7. Institutional support and facilitation for Social Impact Assessment.
- The State Social Impact Assessment Unit shall undertake the following tasks namely:-8. Project-specific Terms of Reference (ToR) and Processing Fee for the Social Impact Assessment.
9. Selection of the SIA team.
10. Process of conducting the Social Impact Assessment.
11. Process for conducting public hearings.
12. Submission of Social Impact Assessment Report and Social Impact Management Plan.
- The Social Impact Assessment Report and Social Impact Management Plan shall be prepared in the telugu language and shall be made available to Grama Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tahsildar and shall be uploaded on the website of the State Government and the district concerned.13. Appointment of expert Group.
- The appropriate government/District collector shall select an independent multidisciplinary Expert Group duly taking the proposals of District Collectors into consideration, for making of appraisal of Social Impact Assessment report and Social Impact Management Plan. The expert group shall consist two social scientists, two representatives of panchayat/ municipality/ municipal corporation/ gram sabha as the case may be, two experts on Rehabilitation and technical expert in the subject relating to the project. The experts may be drawn from Government departments/NGOs/private sector but shall not include members belonging to requiring body. The senior member shall be appointed as Chairman of Expert Group.14. Appraisal of Social Impact Assessment report by an Expert Group.
15. Consideration of the Social Impact Assessment report, recommendations of the Expert Group etc.
16. Web-based Work Flow and Management Information System (MIS) for Land Acquisition and Rehabilitation and Resettlement.
- The Commissioner, Rehabilitation & Resettlement shall create a dedicated, user-friendly website that may serve as a public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the Social Impact Assessment and tracking each step of decision-making, implementation and audit.17. Additional Norms with regard to the Social Impact Assessment Process.
- Parameters and a table of contents for the Social Impact Assessment Study and the Social Impact Management Plan are given in Form-III and Form-IV respectively, which should be used by the Social Impact Assessment team while preparing its report.18. Inventory of Waste, Barren and Un-utilized Lands.
- To ensure acquisition of minimum amount of land and to facilitate the utilization of unutilized public lands, the District Collector may prepare a district-level inventory report of waste, barren and unutilized public land, and land available in the Government land bank and that may be made available to the Social Impact Assessment team and Expert group. The inventory report shall be updated from time to time.Chapter IV
Preliminary Notification and Rehabilitation and Resettlement Scheme
19. Publication of Preliminary Notification.
20. Preliminary survey of land proposed for acquisition.
- The officer authorised by the District Collector to conduct preliminary survey shall have all the powers as provided under section 12.21. Disposal of objections.
22. Preparation of Rehabilitation and Resettlement Scheme and Public Hearing.
23. Publication of the Approved Rehabilitation and Resettlement Scheme.
- The Commissioner of Rehabilitation and Resettlement shall publish the approved Rehabilitation and Resettlement Scheme in the affected area by affixing in conspicuous places in addition to making it public by other means as provided in section 18.24. Development Plan for Scheduled Castes or Scheduled Tribes Families.
- The Development Plan to be prepared 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 under section 41 shall be in Form VIII appended to these rules.Chapter V
Declaration, Award and Compensation
25. Publication of Declaration for Acquisition.
26. Land Acquisition Award.
27. Rehabilitation and Resettlement Award.
28. Compensation.
29. Limits on extent of land under section 2(3)(a) read with Section 46 of the Act.
- The limits on extent of land beyond which provisions of Rehabilitation and Resettlement under the Act in cases of purchase by a private company through Private Negotiation with the owner of the land shall be 2,000 acres subject to any further notification as may be notified by Government.30.
The Government, by notification, may create District and State Negotiation Committees for the negotiated settlements of the compensation, which shall be in tune with Sec 107 of the Act.31.
The land acquisition shall not exceed 15% of the net present cultivable area in the State and the limits in the districts shall be prescribed by the District Collectors concerned as contemplated under Section 10(4) of the Act subject to any further notification as may be notified by Government.Chapter VI
Administrator and Rehabilitation and Resettlement Committee and State Monitoring Committee
32. Power, duties and responsibilities of the Administrator.
- The Administrator shall exercise the powers and perform the duties and have the responsibilities as follows-33. Procedure of State Monitoring Committee for Rehabilitation and Resettlement and Allowances of the experts associated with it.
Chapter VII
Miscelleneous
34. Reconveyance of Land to the Original Land Owner.
35. Removal of Difficulties.
- If any difficulty arises as to the interpretation of any provisions of these Rules or in the implementation of such provisions, the State Government shall have powers to issue clarifications/directions for the purpose of removal of the difficulties.Form-I(See rule-3)Requisition for Land AcquisitionFrom:Nameand/or Designation of the Requiring BodyTo:1. The District Collector
District2. Commissioner, RR,
Telangana State.It is requested to acquire ........................ acre(s) of land for............................... project/purpose and the details are furnished in Appendix I, II III along with three copies of Combined Sketch showing the lands to be acquired.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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act-2013, as and when required by you. It is certified that the land to be acquired was demarcated on the field and all further necessary information and assistance will be provided on the date/time appointed/stipulated by you.Yours faithfullyRequiring BodyAppendix-IName 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 requisition is filed u/s 2(1) of the Act by the Government or Department for its own use hold and control :-
5. Whether the requisition is filed u/s 2(1)(a) to 2(1) (f) of the Act:-
6. Whether the requisition 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 requisition is filed u/s 40 of the Act :-
9. If so, on what ground?
10. Has the land to be acquired already been taken over form 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 requisition, if requisition is filed after 6 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 BodyAppendix-IIICertificate to be furnished along with the requisition for acquisition of land by the requiring authoritiesName 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.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 Department 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/District Collector.Requiring BodyForm-IIPart -A. (See Sub-rule(1) of rule-8)Terms of Reference and Processing Fee for the SIAThe State SIA Unit will review the proposal for land acquisition sent by the Appropriate Government and produce a project-specific Terms of Reference (ToR) and budget. Based on the ToR and budget, a processing fee will be determined, which must be deposited by the Requiring Body before the notification of the SIA can be issued. The ToR shall include the following information:1. Demographic details of the population in the project area
• Age, sex, caste, religion• Literacy, health and nutritional status2. Poverty levels
• Vulnerable groups- Women, children, the elderly, women-headed households, the differently abled• Kinship patterns and women's role in the family• Social and cultural organisation• Administrative organisation• Political organisation• Civil society organisations and social movements3. Land use and livelihood
• Agricultural and non-agricultural use• Quality of land - soil, water, trees, etc.• Livestock• Formal and informal work and employment• Household division of labour and women's work• Migration• Household income levels• Livelihood preferences• Food security4. Local economic activities
• Formal and informal, local industries• Access to credit• Wage rates• Specific livelihood activities women are involved in5. Factors that contribute to local livelihoods
• Access to natural resources• Common property resources• Private assets• Roads, transportation• Irrigation facilities• Access to markets• Tourist sites• Livelihood promotion programmes• Co-operatives and other livelihood-related associations6. Quality of the living environment
• Perceptions, aesthetic qualities, attachments and aspirations• Settlement patterns• Houses• Community and civic spaces• Sites of religious and cultural meaning• Physical infrastructure (including water supply, sewage systems etc.)• Public service infrastructure (schools, health facilities, anganwadi centres, public distribution system)• Safety, crime, violence• Social gathering points for womenII Part-B: Key impact areas Impacts on land, livelihoods and income- Level and type of employment Intra-household- employment patterns Income levels- Food security- Standard of living- Access and control over productive resources- Economic dependency or vulnerability- Disruption of local economy- Impoverishment risks- Women's access to livelihood alternatives1. Impacts on physical resources
- Impacts on natural resources, soil, air, water, forests- Pressures on land and common property natural resources for livelihoods2. Impacts on private assets, public services and utilities - Capacity of existing health and education facilities
- Capacity of housing facilities- Pressure on supply of local services- Adequacy of electrical and water supply, roads, sanitation and waste management system- Impact on private assets such as bore wells, temporary sheds etc.3. Health impacts
- Health impacts due to in-migration- Health impacts due to project activities with a special emphasis on- Impact on women's health- Impact on the elderly4. Impacts on culture and social cohesion
- Transformation of local political structures- Demographic changes- Shifts in the economy-ecology balance- Impacts on the norms, beliefs, values and cultural life- Crime and illicit activities- Stress of dislocation- Impact of separation of family cohesion- Violence against women5. Impacts at different stages of the project cycle
The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of the project cycle. Below is an indicative list of impacts:Pre-construction phase- Interruption in the delivery of services- Drop in productive investment- Land speculation- Stress of uncertainty- Construction phase- Displacement and relocation- Influx of migrant construction workforce- Health impacts on those who continue to live close to the construction site6. Operation phase
- Reduction in employment opportunities compared to the construction phase- Economic benefits of the project- Benefits on new infrastructure- New patterns of social organisation7. De-commissioning phase
- Loss of economic opportunities- Environmental degradation and its impact on livelihoods8. Direct and indirect impacts
- "Direct impacts" will include all impacts that are likely to be experienced by the affected families- "Indirect impacts" will include all impacts that may be experienced by those not directly affected by the acquisition of land (i.e. Direct land and livelihood losers), but those living in the project area9. Differential impacts
- Impact on women, children, the elderly and the different abled- Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability and Resilience Mapping10. Cumulative impacts
- Measureable and potential impacts of other projects in the area along with the identified impacts for the project in question.-Impact on those not directly in the project area but based locally or even regionally.III PART-C. Table of Contents for SIA Report and Social Impact Management Plan| 1. | Chapter | Contents |
| Executive Summary | -Project and public purpose | |
| -Location Size and attributes of landacquisition | ||
| -Alternatives considered | ||
| -Social Impacts | ||
| -Mitigation measures | ||
| -Assessment of social costs and benefits | ||
| 2. | Detailed Project Description | |
| -Background of the project, including developersbackground and governance/ management structure | ||
| -Rationale for project including how the projectfits the public purpose criteria listed in the Act | ||
| -Examination of alternatives | ||
| -Phases of project construction | ||
| -Core design features and size and type offacilities | ||
| -Need for ancillary infrastructural facilities | ||
| -Work force requirements (temporary andpermanent) | ||
| -Details of SIA/EIA if already conducted and anytechnical feasibility reports | ||
| -Applicable legislations and policies | ||
| 3. | Team composition, Approach, methodology andschedule of the SIA | - List of all team members with qualifications.Gender experts to be included in team |
| -Description and rationale for the methodologyand tools used to collect information for the SIA - Samplingmethodology used | ||
| -Overview of information/data sources used.Detailed reference must be included separately in the forms | ||
| -Schedule of consultations with key stakeholdersand brief description of public hearings conducted. Details ofthe public hearings and the specific feedback incorporated intothe Report must be included in the forms | ||
| 4. | Land assessment | - Describe with the help of the maps,information from land inventories and primary sources |
| -Entire area of impact under the influence ofthe project (not limited to land area for acquisition) - Totalland requirement for the project | ||
| -Present use of any public, unutilised land inthe vicinity of the project area | ||
| -Land (if any) already purchased, alienated,leased or acquired, and the intended use for each plot of landrequired for the project | ||
| -Quantity and location of land proposed to beacquired for the project | ||
| -Nature, present use and classification of landand if agricultural rand, irrigation coverage and croppingpatterns | ||
| -Size of holdings, ownership patterns, landdistribution, and number of residential houses | ||
| -Land prices and recent changes in ownership,transfer and use of lands over the last 3 years | ||
| 5. | Estimation and enumeration (where required)of affected Families and assets | - Estimation of the following types of familiesthat are (a) Directly affected (own land that is proposed to beacquired): |
| -Are tenants/occupy the land proposed to beacquired | ||
| -The Scheduled Tribes and other traditionalforest dwellers who have lost any of their forest rights | ||
| -Depend on common property resources which willbe affected due to acquisition of land for their livelihood | ||
| -Have been assigned land by the State Governmentor the Central Government under any of its schemes and such landis under acquisition; | ||
| -Have been residing on any land in the urbanareas for preceding three years or more prior to the acquisitionof the land | ||
| -Have depended on the land being acquired as aprimary source of livelihood for three years prior to theacquisition | ||
| (b) Indirectly impacted by the project (notaffected directly by the acquisition of own lands) | ||
| (c) Inventory of productive assets andsignificant lands | ||
| 6. | Socio-economic and profile (affected area andresettlement site) | - Demographic details of the population in theproject area-l |
| -Income and poverty levels | ||
| -Vulnerable groups | ||
| -Land use and livelihood | ||
| -Local economic activities | ||
| -Factors that contribute to local livelihoods | ||
| -Kinship patterns and social and culturalorganisation | ||
| -Administrative organisation | ||
| -Political organisation | ||
| -Community-based and civil society-organisations | ||
| -Regional dynamics and historical changeprocesses | ||
| -Quality of the living environment | ||
| 7. | Social impacts | - Framework and approach to identifying impacts |
| -Description of impacts at various stages of theproject cycle such as impacts on health and livelihoods andculture. For each type of impact, separate indication of whetherit is a direct/indirect impact, differential impacts on differentcategories of affected families and where applicable cumulativeimpacts | ||
| -Indicative list of impacts areas include:impacts on land, livelihoods and income, physical resources,private assets, public services and utilities, health, cultureand social cohesion and gender based impacts | ||
| 8. | Analysis of costs and benefits andRecommendation Acquisition | - Final conclusions on: assessment of publicpurpose, less-displacing alternatives minimum on requirements ofland, the nature and intensity of social impacts, the viabilityof the mitigation measures and the extent to which mitigationmeasures described in the SIMP will address the full range ofsocial impacts and adverse social costs. |
| -The above analysis will use the equityprinciple as a criteria of analysis for presenting a finalrecommendation on whether the acquisition should go through ornot | ||
| 9. | References and Forms | - For reference and further information |
| S.No. | Details of the Person Concerned |
| 1. | Name of the person(s) in whose name the land isregistered: |
| 2. | Name of the spouse: |
| 3. | Name of father/ mother: |
| 4. | Address: |
| 5. | Village |
| 6. | Gram Panchayat/Municipality/Township: |
| 7. | Mandal |
| 8. | District: |
| 9. | Name of other members in the family with age:(including children and adult dependents) |
| 10. | Extent of land owned: |
| 11. | Disputed lands if any |
| 12. | Parchase/leases/grants, if any |
| 13. | Any other right, if any: |
| 14. | Regarding the acquisition of my land by thegovernment, I wish to state the following: (please circle one ofthe below): |
| Sl.No. | Survey No. | Type of Title | Type of Land | Area under Acquisition (in acre) | Name Address of person interested | Boundaries |
| N. | S. | E | W |
| Trees | |
| Variety | Number |
| Structures | |
| Type | Plinth area |
| Sl.No. | Survey No. | Type of Title | Type of Land | Area under Acquisition (in acre) | Name Address of person interested | Boundaries |
| N. | S. | E | W |
| Trees | |
| Variety | Number |
| Structures | |
| Type | Plinth area |
| Sl. No. | Name of the Claimant/family head | Permanent Address | Entitlements | Remarks |
| 1. Land up to oneacre for agricultural, horticultural, cattle grazing field perfamily shall be provided.2. Provision ofdwelling housing unit per family, Drinking Water facilitytoilette etc.,3. One time financialassistance of Rs. One lakh fifty thousand per family shall begiven.4. For landlesslaborers employment shall be provided under MNREGA and any otherjob providing scheme,5. Skill developmentthrough different training programs for the youth of affectedfamily.6. Subsistence grantfor displaced family allowance equivalent to Rs Three thousandper month for a year should be granted from the date of award.7. For cattle shed and petty shop each effectedfamily shall be provided minimum Rupees twenty five thousand. |
| 1. | Name of the Project - | |||||
| 2. | Number and date of declaration under which theland is to be acquired | |||||
| 3. | Situation and extent of the land in acres, thenumber of field plots on the survey map, the village in whichsituated with the number of mile plan if any. | |||||
| 4. | Description of the land, i.e., whether fallow,cultivated, homestead, etc. If cultivated, how cultivated? | |||||
| 5. | Names of persons interested in the land and thenature of their respective interests. | |||||
| 6. | Amount allowed for the land itself, withouttrees, buildings etc., if any | |||||
| 7. | Amount allowed out of such sum as compensationfor the tenants interest in the land. | |||||
| 8. | Basis of calculation: | |||||
| 9. | Amount allowed for trees, houses or any otherimmovable things. | |||||
| 10. | Amount allowed for crops. | |||||
| 11. | Additional compensation on the market valueunder section 30(3) | |||||
| 12. | Damages under section 28 of Act 30 of 2013 | |||||
| 13. | Solatium u/s 30(1) | |||||
| 14. | Award under section 23 and 30 of Act 30 of 2013 | |||||
| 15. | Particulars of abatement of Government Revenue,or of the capitalized value paid, the date from which theabatement takes effect. | |||||
| 16. | Apportionment of the amount of compensation. | Serial No. | Name of claimants | Amount payable to each | Bank A/c No. | Remarks |
| Area (in Acre) | ||||||
| 17. | Date on which possession was taken u/s. 38(1)40(1) of Act of 30/2013. |
| 1. | Name of the Project - | |||||||
| 2. | Number and date of declaration under which theland is to be acquired | |||||||
| 3. | Situation and extent of the land in acres, thenumber of field plots on the survey map, the village in whichsituated with the number of mile plan if any. | |||||||
| 4. | Description of the housing units, transportationcost, housing allowances, annuity, employment subsistence grant,cattle shed, petty shop, one time resettlement allowances etc. | |||||||
| 5. | Name/ Names of persons interested in the landand the nature of their respective claim for rehabilitation andresettlement. | |||||||
| 6. | Apportionment of the amount of compensationArea (in acres.) | Sl. No. | Name of claimants/affected family | R R entitlements | Bank A/c.No. | Amount payable to each | Non monetary entitlements | Remarks |
| House to be allottedLand to be allottedFishing rightsAnnuityEmploymenttransportation cost,Housing allowances,AnnuityEmploymentSubsistence grantCattle shed,Petty shop,One time resettlementallowancesOne time resettlement allowances | ||||||||
| 7. | Date on which R R entitlements given to theaffected family. | |||||||
| 8. | Basis of calculation: | |||||||
| 9. | Amount allowed for trees, houses or any otherimmovable things. | |||||||
| 10. | Amount allowed for crops. | |||||||
| 11. | Additional compensation on the market valueunder section 30(3) | |||||||
| 12. | Damages under section 28 of Act 30 of 2013 | |||||||
| 13. | Solatium u/s 30(1) | |||||||
| 14. | Award under section 23 and 30 of Act 30 of 2013 | |||||||
| 15. | Particulars of abatement of Government Revenue,or of the capitalized value paid, the date from which theabatement takes effect. | |||||||
| Apportionment of the amount of compensation. | Serial No. | Name of claimants | Amount payable to each | Bank A/c. No. | Remarks | |||
| Area (in Acre) | ||||||||
| 16. | Date on which possession was taken u/s. 38(1)40(1) of Act of 30/2013. |
| Sl.No. | Components | Details of infra-structure amenities |
| 1. | Roads | |
| 2. | Drainage | |
| 3. | Drinking water | |
| 4. | Drinking water for cattle | |
| 5. | Grazing land | |
| 6. | Fair Price Shops | |
| 7. | Panchayat buildings | |
| 8. | Post Offices | |
| 9. | Fertilizer storage | |
| 10. | Irrigation facilities | |
| 11. | Transport facilities | |
| 12. | Burial or cremation ground | |
| 13. | Toilet points | |
| 14. | Electric connections | |
| 15. | Nutritional services | |
| 16. | Schools | |
| 17. | Sub-health centre | |
| 18. | Primary Health Centre | |
| 19. | Play ground | |
| 20. | Community centre | |
| 21. | Places of worship | |
| 22. | Separate land for tribal institutions | |
| 23. | Timber forest produce | |
| 24. | Security arrangements | |
| 25. | Veterinary services |