Section 12 in Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017
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:-(a)A meeting of the affected families shall be conducted by the authority designated for this purpose by the appropriate Government, at the village level or ward level, as the case may be.(b)The list of affected families shall be prepared by the designated authority and made available in the affected areas.(c)The designated authority shall give a notice of the date, time and venue of the meeting, at least three weeks in advance.(d)The representatives of the Requiring Body, who are competent to take decisions and negotiate terms of rehabilitation, resettlement and compensation shall attend all such meetings and shall clarify the queries raised by the affected families. The terms and conditions of rehabilitation, resettlement, compensation and other measures as agreed to by the representative of the Requiring Body shall be explained to the affected families in their local language and signatures of the affected families as well as the representatives of the Requiring Body shall be obtained on such terms and conditions.(e)At the conclusion of the meeting, each affected family shall be asked to give a declaration as to whether it gives its consent or withholds the same for the acquisition of land involved, in Form-II appended to these Rules and a photograph of the signatory shall be affixed on it.(f)The authorized representative of the Requiring Body shall also sign Form-II and shall put the seal of the Requiring Body towards its agreement to the consented terms and conditions.(g)Any one member of the local body concerned, at village level or ward level, as the case may be, or any Government servant, may sign Form-II as a witness thereof to the effect that he recognizes the person who has signed Form-II.(h)A copy of the consent so obtained in Form-II shall be given to the affected families and the Requiring Body.(i)All affected families interested in the same piece of land can give their consent on a single Form.(j)Different forms shall be used for giving consent by an affected family in respect of different lands.(k)No affected family can withdraw its consent given in the above manner(l)Before initiating the consent procedure, the provisions relating to consent shall be translated into the local language of the affected families and a copy of the same shall be given to each affected family present in the meeting or the same shall be read out to the affected families, in case they are illiterate.(m)Arrangements shall be made for enabling the affected families, who could not attend the meeting, to submit their signed declarations in Form-III to the designated authority within fifteen days from the date of such meeting. The signed declaration forms shall be countersigned by the designated authority on its receipt and a copy of the countersigned declaration, with a copy of the terms and conditions shall be furnished to each declarant.(n)In case of a land situated in any Scheduled Area as defined in clause (zd) of section 3, the consent of the Gram Sabha shall be obtained in Form-III appended to these Rules, before the initiation of the consent process in respect of the affected families.(o)The above process shall be concluded before the publication of the preliminary notification under sub-section (1) of section 11.Explanation. - For the purpose of this rule, 'affected families' means the affected families as defined in sub-clauses (i) and (v) of clause (c) of section 3.
