State of Tamilnadu- Act
Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017
TAMILNADU
India
India
Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017
Rule TAMIL-NADU-RIGHT-TO-FAIR-COMPENSATION-AND-TRANSPARENCY-IN-LAND-ACQUISITION-REHABILITATION-AND-RESETTLEMENT-RULES-2017 of 2017
- Published on 20 September 2017
- Commenced on 20 September 2017
- [This is the version of this document from 20 September 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
General
1. Short title, applicability and commencement.
2. Definitions.
Chapter II
Request For Land Acquisition
3. Request for acquisition of land.
4. Action by Collector on receiving request.
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 and if it is considered expedient to do so, the Collector, where he is not the appropriate Government, shall submit a report to the State Government for the purpose of issue of appropriate directions under sub-sections (1) and (4) of the section 40. In other cases, the decision shall be taken by the Collector and he shall issue appropriate directions.Chapter III
Social Impact Assessment
6. Social Impact Assessment Study.
- The Notification required to be issued under sub-section (1) of section 4 for carrying out the Social Impact Assessment study shall include the following particulars, namely:-7. Tamil Nadu State Social Impact Assessment Unit (TNSSIA Unit).- The State Government shall identify or establish an organization, namely, the State Social Impact Assessment Unit, (hereinafter called as TNSSIA Unit) which shall be responsible for ensuring that the Social Impact Assessment studies are commissioned and conducted by the SIA Agency concerned as per the provisions of the Act and these Rules. The TNSSIA Unit shall function under the overall control of the [Commissioner.] [Notified vide G.O. Ms. No. 304 Rev & DM Department dated 20-9-2017]
8. Empanelment of SIA Agencies.
- The TNSSIA Unit shall invite applications from the departments of recognized universities, colleges and reputed organizations for empanelment as SIA Agencies to carry out Social Impact Assessment studies and to prepare Social Impact Management Plan under the Act. After assessing the capacities, qualifications and experience of the applicants, the TNSSIA Unit shall empanel the eligible applicants to be SIA Agencies, so as to create a State data base of qualified SIA Agencies. The Requiring Body shall not be involved in any way in the selection of the SIA Agency to carry out the Social Impact Assessment.9. Project-Specific Terms of Reference (ToR) and Processing fee for the SIA.
10. Process of conducting the Social Impact Assessment.
11. Process of conducting public hearings.
Chapter IV
Prior Consent
12. Process of obtaining prior consent of affected families.
- In the case of land acquisition for private companies for public purpose, the process of obtaining the prior consent of the affected families under the first proviso to clause (b) of sub-section (2) of section 2 shall be as follows:-Chapter V
Preliminary Notification For Land Acquisition and Rehabilitation And Resettlement Scheme
13. Publication of preliminary notification.
14. Hearing of objections.
Chapter VI
Rehabilitation and Resettlement Scheme
15. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
- The [Administrator] [Notified vide G.O. Ms. No. 302 Rev & DM Department dated 20-9-2017] appointed under sub-section (1) of section 43 in respect of a project shall,-16. Publication of declaration under sub-section (2) of Section 19.
- A declaration under sub-section (2) of section 19 that any land is needed for a public purpose shall be published by the Collector under sub-section (1) of section 19 in Form VI only after the Requiring Body has deposited fifty per cent of the cost of acquisition of land.17. Development Plan for Scheduled Castes or Scheduled Tribes families.
- The Development Plan shall 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, referred to in section 41, which shall consists of the following particulars namely:-18. Land Acquisition Award.
19. Eligibility for availing One time Resettlement Allowance.
- The affected families which are actually displaced from the land acquired alone shall be eligible for the One-time Resettlement Allowance under Serial No. 10 of the Second Schedule to the Act.20. Fishing rights of affected families.
- 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 Department concerned of the Government.21. Procedure for recovering excess payment.
22. Recovery of Rehabilitation and Resettlement benefits availed through False Claim, etc.
23. Provisions relating to rehabilitation and resettlement to apply in case of acquisition by a private company or a person other than a specified person.
- [The] [Notified vide G.O. Ms. No. 303 Rev & DM Department dated 20-9-2017] provisions relating to rehabilitation and resettlement under the Act shall apply in the cases of purchase of land, equal to or more than 2500 acres in rural areas or equal to or more than 1250 acres in urban areas through negotiation -24. Choice of Annuity or Employment.
Chapter VII
Execution, Rehabilitation and Resettlement Committee and State Monitoring Committee
25. Execution of Rehabilitation and Resettlement Scheme.
- The Administrator shall execute and monitor the Rehabilitation and Resettlement Scheme and assist the Commissioner in the post implementation social audit of the Rehabilitation and Resettlement Scheme.26. Rehabilitation and Resettlement Committee.
27. Meetings of State Monitoring Committee.
Chapter VIII
Land Acquisition, Rehabilitation and Resettlement Authority
28. Service conditions of Presiding Officer, Registrar and other employees of the Land Acquisition, Rehabilitation and Resettlement Authority.
29. Procedure for Reversion of Unutilized land.
30. Publication in affected areas.
31. Interpretation of these Rules.
- If any question arises as to the matter of interpretation of these Rules, the matter shall be referred to the State Government, whose decision shall be final.Form - I[See Rule 3(1)].Requisition For Land AcquisitionFrom:Authorised Signatory of the Requiring Body(Designation and full address)To:1. The District Collector
............District.2. Commissioner for Rehabilitation and Resettlement, Tamil Nadu.
It is requested to acquire acre(s) of land for project / purpose and the relevant details are furnished in Appendices I, II and 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) will be deposited in your office, as provided under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central Act 30 of 2013) and the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 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 within the time limit specified in the Act and the Rules.Authorised Signatory of the Requiring BodyAppendix - IName of the Project:-1. Name of the Department or Government, Company, Local Authority or Institution:
2. Official designation of the representative of the Requiring Body authorized to sign the requisition:-
3. Purpose of Acquisition (in detail):-
4. Whether the requisition is filed by the Government for acquisition of lands for its own use, hold and control:-
5. Whether the requisition is filed for the purposes specified in clauses (a) to (f) of sub-section (1) of section 2 of the Act:-
6. Whether the requisition is filed for the purposes specified in clause (a) or clause (b) of sub section (2) of section 2 of the Act:-
7. The number of affected families as defined in clause (c) of section 3 of the Act:-
8. (i) Whether the requisition is filed under section 40 of the Act:-
9. (i) Has the land to be acquired already been taken over from the owners by private negotiation?
10. Date of issue of administrative approval for the project (copy to be attached)
11. Reasons for delay in filing requisition, if requisition is filed after 6 weeks from the date of administrative approval of the project
12. By what time possession of the land is required
Authorised Signatory of the Requiring BodyAppendix - IIICertification To Be Furnished Along With The Requisition For Acquisition Of Land By The Requiring Authorities.Name of the Project:-| Photo of the Signatory |
| Serial No. | Details of person Concerned | ||
| (1) | Name of the person(s) in whose name the land is registered | ||
| (2) | Name of the spouse: | ||
| (3) | Name of father / mother: | ||
| (4) | Address: | ||
| (5) | Village / Hamlet | ||
| (6) | Village Panchayat / Town Panchayat / Munici-pality / MunicipalCorporation | ||
| (7) | Taluk: | ||
| (8) | District: | ||
| (9) | Name of other members in the family with age: (includingchildren and adult dependents) | ||
| (10) | Extent of land owned: | ||
| (11) | Area under acquisition | ||
| (12) | Plot No. | ||
| (13) | Record of Rights | ||
| (14) | Disputed lands, if any | ||
| (15) | Pattas / lease / grants, if any | ||
| (16) | Any other right, including tenancy, if any | ||
| (17) | Regarding the acquisition of my land by the Government, I wishto state the following | (please circle one of the below) | |
| (i) I have read / read out the contents of this consent formand explained to me in language. | Yes | No | |
| (ii) I agree to this acquisition | Yes | No | |
| Signature / Thumb impression of the affectedfamily (s) and date: | |||
| (18) | The terms and conditions, Rehabilitation and Resettlement,compensation and other measures committed by the Requiring Bodyhave been explained to the affected family in the local language.(These terms and conditions must be attached to the Form.) | ||
| Date, Seal and Signature of the representative of theRequiring Body | Date and Signature of designated district official receivingthe signed Form | ||
| Note | It is a crime to threaten any person or to cause them any harmif they refuse to consent or if they choose to state that they donot consent on this Form. This includes any threat or act thatcauses them to lose money, that hurts them physically or thatresults in harm to their family. If any such threat has beenmade, this Form is null and void. |
| Sl.No. | Survey No. | Classification of land | Area under acquisition | Boundaries | Structures | Trees | Name & address of person interested | Registered holder | |||
| N | E | S | W | ||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| Sl. No. | Survey No. | Total area in hectares | Area in hectares under acquisition | Name and address of the person Interested /Registered holder | Boundaries | Details of trees, structures etc., if any | |||
| N | E | S | W | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Sl. No. | Survey No. | Type of title | Type of land | Area under acquisition (in hectare) | Name and address of person interested | Boundaries | Trees | Structures | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | |||||
| N | E | S | W | Variety | Number | Type | Plinth area | ||||||
1. Name of the Project :
2. Number and date of declaration under which the land is to be acquired
3. Situation and extent of the land in hectares, the number of field plots on the survey map, the village in which the land is situated, with the number of mile plan, if any.
4. Description of the land, i.e., whether fallow, cultivated, homestead, etc. If cultivated, how cultivated, and the source of irrigation;
5. Names of persons interested in the land and the nature of their respective interests;
6. Amount allowed for the land itself, without trees, buildings etc., if any;
7. Amount allowed out of such sum as compensation for the tenants interested in the land;
8. Basis of calculation:
9. Amount allowed for trees, houses or any other immovable property;
10. Amount allowed for crops;
11. Additional compensation on the market value under sub-section (3) of section 30 of the Act;
12. Damage, if any, sustained to the person interested as specified under section 28 of the Act;
13. Solatium under sub-section (1) of section 30 of the Act;
14. Total of amounts ;
| Sl. No. | Area of land for apportionment of compensation(in hectares) | Survey No. Boundaries | Name of claimants | Document produced to prove the claim | Amount payable to each claimant | Bank A/c No. | Remarks | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | |||
| N | S | E | W | |||||||
15. Date on which possession was taken under sub-section (1) of section 38 or sub-section (1) of section 40 of the Act;
16. If possession was taken under sub-section (1) of section 40, the number and date of the order of the appropriate Government giving directions to do so.
DateSignature Land Acquisition Officer.Form No. VIII[See rule 18 ]Award For Rehabilitation And ResettlementLand Acquisition File No.Award No.Date :1. Name of the Project
2. No. and date of declaration under which the land is to be acquired
3. Situation and extent of the land in hectares, the number of field plots on the survey map, the village in which the land is situated, with the number of mile plan, if any.
4. Description of housing units, transportation cost, housing allowance, annuity, employment subsistence grant, cattle shed, petty shop, one time resettlement allowance, etc.,
5. Names of person interested in the land and the nature of their respective claim for Rehabilitation and Resettlement.
6. Apportionment of the amount of compensation (in hectares
| Sl. No. | Name of the Claimants / affected family | Rehabilitation and Resettlement entitlements | Bank account No. | Amount payable to each claimant/ affectedfamily | Non-monetary | limit Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| 1. House to be allotted | ||||||
| 2. Land to be allotted | ||||||
| 3. Offer for developed land | ||||||
| 4. Annuity / employment | ||||||
| 5. Subsistence grant | ||||||
| 6. Transportation cost /housing allowance | ||||||
| 7. Cattle shed / Petty shop | ||||||
| 8. One time grant to artisans / small traders /certain others | ||||||
| 9. Fishing rights | ||||||
| 10. One time resettlement allowance | ||||||
| 11. Stamp duty and registration fee |