Section 5 in Andhra Pradesh Panchayats Extension to Scheduled Areas (PESA) Rules, 2011
5. Acquisition of land in the Scheduled Areas.
(1)When the Government considers land acquisition under any Act, the Government or the concerned authority will submit to the Mandal Praja Parishad the following written information alongwith the proposal:-(i)The complete outline of the proposed project including the possible impact of the project.(ii)Proposed land acquisition.(iii)New people likely to settle in the village and possible impact on the area and society, and(iv)The proposed participation amount of compensation, job opportunities, for the people of the village.(2)After getting complete information the concerned Mandal Praja Parishad will be competent to summon the representatives of the concerned authorities and the Government to examine them either individually or collectively. It will be mandatory for all such persons summoned to furnish point-wise clear and correct information.(3)The Mandal Praja Parishad after considering all the facts shall make a recommendation regarding the proposed land acquisition and rehabilitation plan of persons displaced.(4)The recommendation of the Mandal Praja Parishad shall be considered by the Land Acquisition Officer.(5)In case the Land Acquisition Officer is not in agreement with the recommendations of the Mandal Praja Parishad, he will send the case again to the Mandal Praja Parishad for consideration.(6)If after a second consultation, the Land Acquisition Officer passes an order against the recommendations of the Mandal Praja Parishad, he shall record the reasons for doing so in writing.(7)In case of industrial projects, all the Mandal Praja Parishad that are influenced by such projects shall be consulted.(8)The progress of rehabilitation plan should be placed before the Mandal Praja Parishad after every 3 months from the date of notification for land acquisition.(9)If in the opinion of the Mandal Praja Parishad, suggested measures are not followed, the Mandal Praja Parishad may inform the State Government in writing regarding the same, and it will be mandatory for the State Government to take appropriate action.(10)RR Package shall have necessary features as shown below:(a)Each project affected family of ST category shall be given preference in allotment of land in the ayacut.(b)Each tribal PAF shall get additional financial assistance equivalent to 500 days of minimum agriculture wage for loss of customary rights/usages of forest produce.(c)Tribal PAFs will be re-settled close to their natural habitat of their choice, to the extent possible, in a compact block so that they can retain their ethnic, linguistic and cultural identity.(d)The tribal families residing in the Project Affected Areas having fishing rights in the river/pond/dam shall be given fishing rights in the reservoir area.(e)The tribal PAFs shall be resettled and rehabilitated within the Scheduled areas.
