Section 5 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014
5. Requirement for and the manner of obtaining consent.
(1)When the land is proposed to be acquired for any public private partnership projects where the ownership of the land continues to vest with the Government or for any private companies for public purpose, as defined in clause (za) of section 3 of the Act, from,-(a)families whose land or other immovable properties are being acquired, or(b)families who have been assigned land by the Government or the Central Government under any of their schemes and which land is being acquired, prior consent, as required under sub-section (2) of section 2 of the Act, shall be obtained from the affected families contemporaneously with the Social Impact Assessment study.(2)The Requiring Body shall, in consultation with the Collector and the Social Impact Assessment unit concerned, initiate steps to obtain consent from the affected parties by bringing to their notice the scheme of acquisition, the compensation estimated to be payable and the rehabilitation and resettlement package proposed for the project.(3)The Social Impact Assessment unit engaged in the Social Impact Assessment study shall, before preparing the draft Social Impact Assessment study report, compile a list of affected families, the names and details of the members of the families, their nominees, if any, engaged by each family to represent them before the Collector or other authorities under the Act and the nature and extent of their land under acquisition, for the purpose of seeking consent to the land acquisition.(4)The Collector shall verify the information supplied by the Social Impact Assessment unit with the revenue records and other relevant records maintained by the Government and correct any discrepancies.(5)The Collector shall issue a notice in local language in a local newspaper having circulation in the affected area containing the details of the affected families, the appropriate extent of land proposed to be acquired from each family and the total extent of land sought to be acquired. By the said notice, the Collector shall call upon all persons whose names have been left out in the notice or whose details are wrongly stated therein to update the revenue or other records of the Government and submit their claims in writing before him within three weeks from the date of publication of the notice for being included as a member of an affected family as defined in items (i) and (v) of clause (c) of section 3 of the Act.(6)Every officer of the Government who is approached by any person claiming to be a member of an affected family under items (i) and (v) of clause (c) of section 3 of the Act to update official records, shall take immediate steps to verify the claim made by the claimant if it is within such officer's jurisdiction and if the claim is found justified, update the revenue or other records of the Government in accordance with the law for the time being in force, which shall be done as soon as may be but at any rate within three weeks from the date on which an application is made to such officer of the Government.(7)For the purposes of this Chapter of the rules, references to the Government shall be construed also as references to Local Self Government Institutions whenever the context so requires.(8)After updating the revenue and other records, an updated list of affected families as defined in items (i) and (v) of clause (c) of section 3 of the Act shall be compiled by the Collector to verify whether the minimum percentage of affected families have granted consent for acquisition as required under the Act.(9)The notice inviting objections/corrections and updation of revenue and other records shall also be published in the website of the Collector, in the notice board of the Panchayats, Municipalities and Municipal Corporations affected by the proposed acquisition and by any other means deemed necessary by the Collector, to ensure sufficient notice to the affected families.(10)The affected families as defined in items (i) and (v) of clause (c) of section 3 of the Act, who are willing to give consent to the acquisition shall do so in Form No. 2. The consent form shall include the photographs of all the members of the families, who shall sign the consent form in the presence of an officer not below the rank of Deputy Collector, who shall countersign the said form.(11)The consent form shall be executed in quadruplicate and submitted to the Collector who shall countersign all the forms of which one each shall be sent by registered post with acknowledgement due to the nominated representative of the affected family and to the Requiring Body. One copy along with the social impact assessment study report shall be sent to the Government and one shall be retained in the office of the Collector.(12)The details regarding the persons/families who have submitted consent forms meeting the requirements of the Act and the rules shall be published by the Collector in his official website, in two daily newspapers having circulation in the area under acquisition, at least one of which shall be a Malayalam daily, by publication in the official notice board of the Collector, and by publication in the official notice boards of the Panchayats, Municipalities or Municipal Corporations, as the case may be, in the affected area.(13)Any person, who is notified to have granted consent, may within three weeks from the date of such publication, file an objection in writing to the Collector that he has not signed the consent form.(14)The Collector shall either by himself or through any other officer, enquire into the objection so filed and if the objection is found to be genuine, cancel the consent of such person and publish the same in the same manner as provided in sub rule (12).(15)Before cancelling the consent, the Collector shall afford an opportunity of hearing to the person who had filed objection, the Requiring Body and the officer who countersigned the consent form.(16)The Collector shall cancel the consent form only on the ground that the said form was not signed by the person purported to have signed the same.(17)A consent form executed by a person cannot be revoked and will be valid and binding till the acquisition is completed or the scheme of the acquisition expires or is revoked in accordance with the provision of the Act.
