Section 16 in Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016
16. Preparation of Rehabilitation and Resettlement scheme by the Administrator.
(1)Upon the publication of the preliminary notification under sub-section (1) of Section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include -(a)particulars of lands and immovable properties being acquired of each affected family;(b)livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;(c)a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;(d)details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and(e)details of any common property resources being acquired.(2)The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved -(i)a list of Government buildings to be provided in the Resettlement Area;(ii)details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area.(3)The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme;(4)The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the public meeting of the concerned Village or Municipality.(5)A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area:Provided that in case where an affected area involves more than one Village or Local Council area or Municipality, public hearings shall be conducted in every Village or Local Council area or Municipality where more than twenty-five percent, of land belonging to that Village or Local Council area or Municipality is being acquired:(6)The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector.(7)When land is to be acquired for any project which carries separate package for rehabilitation and resettlement which is more beneficial to the affected families than the provisions of this Act, the Government shall be at liberty to opt such rehabilitation and resettlement package under such project, in consultation with the affected families who are required to be resettled under the provisions of this Act. In such a case, the Administrator shall prepare the draft Rehabilitation and Resettlement Scheme in accordance with the provisions of such special package:Provided that the manner of implementation and any amount involved in rehabilitation and resettlement under such other special project shall not be cited as precedent to any other case of land-acquisition, rehabilitation and resettlement under this Act.
