Section 21 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014
21. Procedure for Rehabilitation and Resettlement.
(1)The Government shall, before the publication of the Preliminary Notification for acquisition of land under sub-section (1) of section 11 of the Act appoint an officer not below the rank of Deputy Collector in the Revenue Department in the district concerned to be the Administrator for Rehabilitation and Resettlement for the said project. The name and designation of the Administrator shall be published in the Preliminary Notification as required under sub-section (3) of section 11 of the Act.(2)Where the land acquisition is spread over two districts or more, the Administrator for Rehabilitation and Resettlement shall be an officer not below the rank of Deputy Collector in the district where the major part of the land under acquisition is situated.(3)Subject to the superintendence, direction and control of the Government and the Commissioner for Rehabilitation and Resettlement, the Administrator for Rehabilitation and Resettlement shall be responsible for the formulation, execution and monitoring of the rehabilitation and resettlement scheme for the project under him.(4)The Administrator shall be responsible for preparation of the draft rehabilitation and resettlement scheme as required under section 16 of the Act.(5)In preparing the draft rehabilitation and resettlement scheme the Administrator may seek the assistance of the Social Impact Assessment unit engaged in the Social Impact Assessment study report as well as the Local Self Government Institutions in the affected area and the draft rehabilitation and resettlement scheme shall be prepared indicating a time limit for implementation of the same.(6)The draft rehabilitation and resettlement scheme shall be published in the affected areas by publication in a Malayalam daily having circulation in the local area as well as by publication in the offices of the Local Self Government Institutions in the affected areas. The draft rehabilitation and resettlement scheme shall also be published in the website of the Government.(7)Along with publication of the Rehabilitation and Resettlement Scheme, the Administrator shall also announce the conduct of a public hearing/ public hearings giving at least two weeks time from the date of publication to the date of the public hearing in Form No. 8.(8)In case the area under acquisition is spread over more than one Panchayat, Municipality or Municipal Corporation, public hearings shall be conducted in every Panchayat, Municipality and Municipal Corporation where more than twenty five percent of land belonging to that Panchayat, Municipality or Municipal Corporation are being acquired ensuring that no two public hearings are conducted on the same day.(9)On completion of the public hearing, the Administrator shall submit the draft rehabilitation and resettlement scheme along with a specific report on the objections/suggestions or claims received during the public hearing, to the Collector.(10)The Collector shall, as soon as may be, after receipt of the draft rehabilitation and resettlement scheme and the report of the Administrator, at any rate within two months from the date of its receipt submit the draft rehabilitation and resettlement scheme along with his remarks thereon to the Commissioner for Rehabilitation and Resettlement for approval of the scheme.(11)The Collector may make such enquiries as he deems fit and obtain such details as may be necessary for him to offer his views on the draft rehabilitation and resettlement scheme before transmitting it to the Commissioner for Rehabilitation and Resettlement.(12)The draft scheme for rehabilitation and resettlement prepared shall include a break up and estimate of the cost of rehabilitation and resettlement and identify the alternate land/infrastructure required to effectuate the rehabilitation and resettlement.(13)The Commissioner for Rehabilitation and Resettlement shall examine the draft rehabilitation and resettlement scheme submitted by the Collector and either approve the same with or without modifications, reject the same or require a better scheme to be prepared.(14)If the Commissioner for Rehabilitation and Resettlement accepts the scheme as such or with modifications, the Collector shall intimate the Requiring Body about the cost for rehabilitation and resettlement to be deposited with him for proceeding with the land acquisition.(15)The Commissioner for Rehabilitation and Resettlement shall approve the rehabilitation and resettlement scheme and make it available in Malayalam to the Panchayat, Municipality and Municipal Corporation within the affected area and also in the offices of the Collector, the Sub Divisional Magistrate and Tahsildar concerned. The Rehabilitation and Resettlement Scheme shall be published in a Malayalam daily having circulation in the local areas and shall also be uploaded in the website of the Government.(16)The appropriate Government shall publish a declaration of the land needed for a public purpose along with the declaration of land identified as the Resettlement area as required under sub-section (1) of section 19 of the Act, in Form No.9 after it is satisfied that the Requiring Body has deposited in full the estimated cost of acquisition. However, in projects where land is acquired in stages, the cost of Rehabilitation and Resettlement may also be paid in stages as provided in sub-section (3) of section 19 of the Act.The following documents are to be attached with the declaration prepared in Form No.9 while forwarding the same to the Government for approval and publication:-(a)an attested copy of the requisition;(b)attested copy of Gazette and paper cuttings containing published copies of the preliminary notification;(c)served and published copies of notices for filing objections under section 11 of this Act.(d)The sketch of the site;(e)extract from the Village Settlement/Adangal/Land Tax Register relating to the land;(f)sub-division statement;(g)the objection petitions (in original);(h)the record of enquiry under section 15(2);(i)statement reconciling difference between the particulars shown in the preliminary/composite notification and the declaration together with a certificate that the difference has been reconciled;(j)a confidential note on the nature and weight to be attached to the existence of religious-buildings tombs, graveyards etc. if any on the land under acquisition;(k)copy of Social Impact Assessment Report and Social Impact Management Plan;(l)copy of publication of the Social Impact Assessment Report and Social Impact Management Plan;(m)approved Rehabilitation and Resettlement Scheme;(n)draft declaration in triplicate with Rehabilitation and Resettlement summary.(17)The appropriate Government shall publish a declaration as required under sub-section (1) of section 19 of the Act, if land is needed urgently at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11 in Form No. 10.
