Union of India - Act
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement, Development Plan) Rules, 2015
UNION OF INDIA
India
India
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement, Development Plan) Rules, 2015
Rule THE-RIGHT-TO-FAIR-COMPENSATION-AND-TRANSPARENCY-IN-LAND-ACQUISITION-REHABILITATION-AND-RESETTLEMENT-COMPENSATION-REHABILITATION-AND-RESETTLEMENT-DEVELOPMENT-PLAN-RULES-2015 of 2015
- Published on 8 July 2015
- Commenced on 8 July 2015
- [This is the version of this document from 8 July 2015.]
- [Note: The original publication document is not available and this content could not be verified.]
2. Any objection or suggestion which may be received from any person with respect to the said draft rules within the period so specified shall be considered by the Central Government;
3. Objections or suggestions, if any, may be sent to the Joint Secretary (Land Reforms), Department of Land Resources, Ministry of Rural Development, "G" Wing, NBO Building Nirman Bhawan, New Delhi-110 011.
Chapter I
General
1. Short title, applicability and commencement.
2. Definitions.
- In these rules, unless the content otherwise requires,-Chapter II
Request for land Acquisition
3. Request for land Acquisition.
4. Action by District Collector on receiving request
Chapter III
Preliminary Notification and Rehabilitation and Resettlement Scheme
5. Publication of Preliminary Notification.
6.
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 of the Act.7. Disposal of objections.
8. Preparation of Rehabilitation and Resettlement Scheme and Public Hearing.
9. 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 provided in section 18 of the Act and the Commissioner shall also inform the National Monitoring Committee constituted under section 48 of the Act about the publication of the approved Rehabilitation and Resettlement scheme.10. Development Plan for Scheduled Castes or Scheduled Tribes Families.
Chapter IV
Declaration, Award and Compensation
11. Publication of Declaration for Acquisition.
12. Land Acquisition Award.
- The Collector after enquiry into and disposal of the objections, if any, raised by the interested persons in pursuance of the public notice published and given under sub-section (1) of section 21, shall make land acquisition Award under section 23 of the Act as per Form VI.13. Rehabilitation and Resettlement Award.
14. Compensation.
15. Limits on extent of land under sub-section (3) section 2 read with section 46 of the Act.
- The limits on extent of land beyond which provisions of Rehabilitation and Resettlement under the Act apply, in cases of purchase by a person other than specified person through private negotiation shall be fifty (50) acres in urban areas an two hundred (200) acres in rural areas.16. Meaning of landless.
- The term "landless" shall have the same meaning as defined by the respective State Government or Union territory administration, as the case may be.17. Multiplication Factor in rural areas.
- In case of rural areas, the factor by which the market value is to be multiplied as per column no. 3 of serial no. 2 of the First Schedule read with sub-section (2) section 30 of the Act shall be 2.00 (two).18. Power to issue notification under section 10A of the Act.
- The Secretary to the Revenue Department of Union territory Administration or Joint Secretary of the concerned Department of the Central Government shall be empowered to issue notification under section 10A of the Act.19. Net sown area that can be acquired in a district.
- The area of agricultural land in aggregate acquired for all projects in a district shall in no case, exceed the limit, as decided by the Competent Authority.20. Irrigated multi-cropped land that can be acquired in a district.
- The area of irrigated multicropped land, and aggregate acquired for all projects in a district, shall in no case, exceed the limit, as decided by the Competent Authority.Chapter V
Administrator and Rehabilitation and Resettlement Committee and National Monitoring Committee
21. Power, duties and responsibilities of the Administrator.
- The Administrator shall exercise the powers and perform the duties and have the responsibilities as follows:-22. Rehabilitation and Resettlement Committee at Project Level.
23. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
24. Powers of Authority and procedure.
- The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908) in addition to the matters listed under sub-section (1) of Section 60 of the Act, in respect of any other matter notified for the purpose by Secretary to the Revenue Department of the State Government or of the Union Territory Administration.25. Procedure of National Monitoring Committee for Rehabilitation and Resettlement and Allowances of the experts associated with it.
Chapter VI
Miscellaneous
26. Return of Land to the Original Land Owner.
1. The District Collector
District .............................2. Commissioner, R&R,
.............................It is requested to acquire ............................. acre(s) of land for which ............................. project/ purpose and the details are furnished in Annexure (Appendix) I, II & III along with three copies of Combined Sketch (to scale) showing the lands to be acquired.The gestation period of the project will be ............................. years and ............................. months (applicable only if gestation period is more than 5 years.)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 the 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 BodyAnnexure - 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 request is filed u/s 2(1) of the Act by the Government or Department for its own use hold and control :-
5. Whether the request is filed u/s 2(1)(a) to 2(1) (f) of the Act:-
6. Whether the request 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 request is filed u/s 40 of the Act :-
9. If so, on what ground?
10. Has the land for the project been partially purchased from 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 request, if request 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 BodyAnnexure IIICertificate to be furnished along with the request for acquisition of land by the requiring authoritiesName of the project:-| 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 | Structures | ||
| Variety | Number | Type | Plinth area |