State of Telangana - Act
Telangana State Land Acquisition (Consent Award, Voluntary Acquisition and Lump sum Payment towards Rehabilitation and Resettlement) Rules, 2017
TELENGANA
India
India
Telangana State Land Acquisition (Consent Award, Voluntary Acquisition and Lump sum Payment towards Rehabilitation and Resettlement) Rules, 2017
Rule TELANGANA-STATE-LAND-ACQUISITION-CONSENT-AWARD-VOLUNTARY-ACQUISITION-AND-LUMP-SUM-PAYMENT-TOWARDS-REHABILITATION-AND-RESETTLEMENT-RULES-2017 of 2017
- Published on 30 June 2017
- Commenced on 30 June 2017
- [This is the version of this document from 30 June 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and extent.
2. Definitions.
3.
The Requisitioning Administrative Department of the State Government shall in the first instance, finalize the minimum extent of the land required for the project.4.
The Requisitioning Administrative Department, after finalizing the extent of land required under rule 3, may, in the public interest give the required notification in Form-A under section 10 A of the Act.5.
The Requisitioning Agency shall give the requisition to the concerned District Collector in Form-B.Consent Award Under Section 23A6.
The District Collector shall issue a notification in Form-C and may, at any stage of the land acquisition proceedings invoke the provisions of the Act for settlement of the proceedings by negotiation.7.
8.
Negotiation shall be carried out by a Negotiation Committee consisting of the following officials:-9.
The settlement reached in the negotiation shall be recorded as an Agreement in Form-G-I for land owners; and in Form G-II for other than land owners.10.
The Collector shall make an award according to the terms of such Agreement:Provided that "the award" passed under rule 9, shall provide higher compensation than what could have been provided under the provisions in sections 30 and 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with rules 26 to 28 of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.Voluntary Acquisition (Sale) of Land11.
The Requisitioning Agency shall file requisition with the District Collector, furnishing the details of the land required for public purpose in Form-B.12.
On receipt of such requisition, the District Collector or an Authorized Officer after due verification shall, issue a public Notice in Form-C inviting claims from all the persons interested/affected for settlement by negotiation of the same.13.
The Negotiation Committee constituted under rule 8 shall carry out the negotiations.14.
The negotiations so carried out and the settlement reached thereby shall be entered into an agreement in Form G-III for land owners; and in Form G-IV for other than land owners.15.
The District Collector or the Authorized Officer shall pass an order as per the agreement entered into which shall be notified in the District Gazette:Provided that the considerations ordered to land owners shall be higher than what could have been arrived under the provisions of sections 30 and 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with rules 26 to 28 of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.Lump Sum Payment Towards Rehabilitation and Resettlement16.
The Authorized Officer shall finalize the details of the families affected due to land acquisition after conducting detailed enquiry duly giving a prior notice and submit a scheme to the District Collector for approval.17.
The District Collector shall offer options to the affected families to choose either entitlements as per the RFCTLARR Act, 2013 or R&R Lump-sum Package under RFCTLARR (Telangana Amendment) Act, 2016 as per the Schedule to these rules.18.
The District Collector shall make an award for payment in lump sum or otherwise depending on the choice of project affected families towards Rehabilitation & Resettlement as per the Schedule.Provided that the lump sum payment shall be higher than what could have been arrived under the provisions of sections 30 and 31 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with rules 26 to 28 of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.Miscelleneous19.
The District Collector will issue proceedings directing the Authorized Officer to ensure incorporation of necessary changes in favor of the Requisitioning Department/authority in Revenue, Registration and Survey Records while making payment of compensation/consideration to the land owners.20. Removal of Difficulties.
- If any difficulty arises as to the interpretation of any provisions of these Rules or in the implementation of such provisions, the State Government shall have powers to issue clarifications/directions for the purpose of removal of the difficulties.Form-A(See Section 10A and Rule 4)NotificationsIn accordance with the provisions contained in Sec 10(A) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in its application to the state of Telangana, the Government have decided and accordingly hereby, in the public interest, exempt (Name of the Project) from the application of provisions of the Chapter-II and Chapter-III of the Act. It is also certified that the all efforts have been made in finalizing the minimum extent of land required for the said project.Secretary to theGovernment of RequisitioningAdministrative DepartmentForm-B(See rule-4/11)Requisition for Land AcquisitionFrom:Name andDesignation of the Requiring BodyToThe District CollectorIt is requested to acquire ..................................... acre(s) of land for .............................................................. project/purpose and the details are furnished in Appendix enclosed along with three copies of Combined Sketch showing the lands to be acquired. It is certified that the land to be acquired was demarcated on field and all further necessary information and assistance will be provided on the date/time appointed /stipulated by you.It is requested to acquire land as per provisions of Sections 23 and 30 A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) as amended by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Act, 2016 (Act No. 21 of 2017).Form - A is enclosed exempting the project from the provisions of Chapter II and Chapter III of the Act.Requisite cost of acquisition including R&R will be deposited in your office as and when required.Yours faithfullyRequisitioning AgencyCopy to Commissioner, LA and R&R, HyderabadAppendix to Form - B (1)(i)Name of the District(ii)Name of the Project(iii)Details of Land proposed for Acquisition| Name of the Mandal(i) | Name of the Village(ii) | Survey No.(iii) | Extent(iv) |
| Sl.No. | Survey No. | Type of Title | Type of Land | Area under Acquisition (in acre) | Name & Address of person interested | Boundaries |
| N. | S. | E |
| Trees | |
| Variety | Number |
| Structures | |
| Type | Plinth area |
| Name and address of the land owner | Survey No. | Extent | Remarks |
| Name and address of the person interested | Survey No. | Extent | Nature of interest |
1.
2.
3.
Signature of Requisitioning AgencyAttested by Convener ofNegotiation CommitteeForm-G-II(Other than the land owners)(See Rule 9)Agreement(Under section 23 A and 31A)An agreement made this .......................................... day of ............................................... 20 .......... between one part "Persons Interested" (Which expression shall unless repugnant to the context or meaning thereof include their successors and assignees) and the Government represented by Requisitioning Agency hereinafter called the "Requisitioning Agency" on the other part,And Whereas the right and interest of the interested party/parties in the following land/ lands hereinafter called the said land / lands is/ are as specified below:Where the land/lands are held by the interested party /parties under the owners named herein above with respective terms and nature of interest:1.
2.
3.
Signature of the Requisitioning AgencyAttested by Convener ofNegotiation Committee.Form-G-III(See Rule 14)Agreement(with land owners)(Under section 30 A and 31 A)An agreement made this ........................................ day of ............................................... 20 ........ between .............................................. hereinafter called the "Owner" (Which expression shall unless repugnant to the context or meaning there of include his heirs, executors and administrators) and the Requisitioning Agency represented by ........................................... hereinafter called the "Requisitioning Agency" on the other part and recommended by Negotiation Committee.And Whereas the right, title and interest of the owner/owners in the following land/ lands hereinafter called the said land / lands is/ are as specified below:Persons being the absolute owner/owners of the Property or having an interest therein capable of leading ownership ultimately hereinafter mentioned and hereby conveyed in the following shares, that is to say:1.
2.
3.
Signature of theGovernment represented by Collector.Form-G-IV(Other than the land owners)(See Rule 14)Agreement(Under section 30 A and 31A)An agreement made this .................................. day of ..................................... 20 .......... between one part "Persons Interested" (Which expression shall unless repugnant to the context or meaning thereof include their successors and assignees) and the Government represented by Collector hereinafter called the "Government" on the other part, and recommended by Negotiation Committee.And Whereas the right and interest of the interested party/parties in the following land/ lands hereinafter called the said land / lands is/ are as specified below:Where the land/lands are held by the interested party /parties under the owners named herein above with respective terms and nature of interest:1.
2.
3.
Signature of the Governmentrepresented by Collector| Serial number | Elements of R&R entitlements | Entitlement/provision as per the RFCTLARR Act,2013 | Rehabilitation and Resettlement lump sumpackage under the RFCTLARR (Telangana Amendment) Act, 2016 (ActNo.21 of 2017) |
| (1) | (2) | (3) | (4) |
| 1. | Provision of housing units in case ofdisplacement | (1) If a house islost in rural areas, a constructed house shall be provided as pertheIndira Awas Yojanaspecifications. If a house is lost in urban areas, a constructedhouse shall be provided, which will be not less than 50 Sq. mtsin plinth area.(2) The benefitslisted above shall also be extended to any affected family whichis without homestead land and which has been residing in the areacontinuously for a period of not less than three years precedingthe date of notification of the affected area and which has beeninvoluntarily displaced from such areaProvided that anysuch family in urban areas which opts not to take the houseoffered, shall get a one-time financial assistance for houseconstruction, which shall not be less than one lakh fiftythousand rupees:(Family includes aperson, widow / widower, his or her spouse, minor children, minorbrothers and minor sisters dependent on him / her)Provided further thatif any affected family in rural areas so prefers, the equivalentcost of the house may be offered in lieu of the constructedhouse:Provided also that nofamily affected by acquisition shall be given more than one houseunder the provisions of this Act.Explanation. - The houses in urban areas may, ifnecessary, be provided in multi-storied building complexes. | Rs.5.04 lakhs(equivalent to a house as per the two-bed room housing policy ofthe State Government) will be paid in case of displacement of afamily living together.orRs. 1.25 lakhs will be paid to single family(equivalent to Indira Awas Yojana , IAY) |
| 2. | Choice of Annuity or Employment | The appropriateGovernment shall ensure that the affected families are providedwith the following options:(a) where jobs arecreated through the project, ‘after providing suitabletraining and skill development in the required field, makeprovision for employment at a rate not lower than the minimumwages provided for in any other law for the time being in force,to at least one member per affected family in the project orarrange for a job in such other project as may be required; or(b) onetime paymentof five lakhs rupees per affected family; or(c) Annuity policies that shall pay not lessthan two thousand rupees per month per family for twenty years,with appropriate indexation to the Consumer Price Index forAgricultural Labourers. | (a) Onetime paymentof Rs. 5.00 lakhs for the affected family; or(b) Rs.3,000/- permonth as annuity will be paid for an affected family in case ofSC and ST for a period of 20 years; or(c) Rs.2,500/- permonth as annuity will be paid for an affected family in case ofother than SC and ST for a period of 20 years.(d) The annuities mentioned above will be withappropriate indexation to the consumer price index. |
| 3. | Subsistence grant for displaced families for aperiod of one year | Each affected family which is displaced from theland acquired shall be given a monthly subsistence allowanceequivalent to three thousand rupees per month for a period of oneyear from the date of award. In addition to this amount, theScheduled Castes and the Scheduled Tribes displaced fromScheduled Areas shall receive an amount equivalent to fiftythousand rupees. In cases of displacement from the ScheduledAreas, as far as possible, the affected families shall berelocated in a similar ecological zone, so as to preserve theeconomic opportunities, language, culture and community life ofthe tribal communities. | A total ofRs.40,000/- will be paid per family as a subsistence grant forone year.In addition to above, an amount of Rs.60,000/-as a one-time grant will be paid for the affected familybelonging to SC and ST in the scheduled Areas. |
| 4. | Transportation cost for displaced families | Each affected family which is displaced shallget a one-time financial assistance of fifty thousand rupees astransportation cost for shifting of the family, buildingmaterials, belongings and cattle. | Rs.60,000/- as a one-time transport grant willbe paid to each affected family in case of displacement. |
| 5. | Cattle shed/petty shops cost | Each affected family having cattle or having apetty shop shall get one-time financial assistance of such amountas the appropriate Government may, by notification, specifysubject to a minimum of twenty-five thousand rupees forconstruction of cattle shed or petty shop as the case may be. | Rs.25,000/- as a onetime financial assistancewill be paid for each affected family having cattle or a pettyshop for construction of cattle shed or petty shop as the casemay be. |
| 6. | One time grant to artisan, small traders andcertain others | Each affected family of an artisan, small traderor self-employed person or an affected family which ownednon-agricultural land or commercial, industrial or institutionalstructure in the affected area, and which has been involuntarilydisplaced from the affected area due to land procurement, shallget one-time financial assistance of such amount as theappropriate Government may, by notification, specify subject to aminimum of twenty-five thousand rupees. | Rs. 30,000/- as a onetime grant will be paid toartisans, small trader or self-employed person or an affectedfamily which owned non-agricultural land or commercial,industrial or institutional structure in the affected area. |
| 7. | One-time Resettlement Allowance | Each affected family shall be given a one-time“Resettlement Allowance” of fifty thousand rupeesonly. | Rs.60,000/- will be paid to each affected familyas one time resettlement assistance. |
| 8. | Fishing rights | In cases of irrigation or hydel projects, theaffected families may be allowed fishing rights in thereservoirs, in such manner as may be prescribed by theappropriate Government. | Fishing rights for the affected families ifstorage tanks are created and fishing is feasible. |
| 9. | Stamp duty and registration fee | (1) The stamp dutyand other fees payable for registration of the land or houseallotted to the affected families shall be borne by the ProcuringAgency.(2) The land forhouse allotted to the affected families shall be free from allencumbrances.(3) The land or house allotted may be in thejoint names of wife and husband of the affected family. | (1) The stamp dutyand other fees payable for registration of the land or houseallotted to the affected families shall be borne by the ProcuringAgency.(2) The land forhouse allotted to the affected families shall be free from allencumbrances.(3) The land or house allotted may be in thejoint names of wife and husband of the affected family. |
| 10. | Financial assistance in lieu of specifiedbenefits | Rs.7,50,000/-. An option will be given in case ajoint family with all members living together decides to set up aself-financed scheme or an enterprise based on their own choiceor for any other income generating activity. Such a family willbe paid a lump sum amount of Rs.7.5 lakhs towards financialassistance in lieu of the specified benefits listed in Items 2-7above. |