State of Andhra Pradesh - Act
Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
ANDHRA PRADESH
India
India
Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014
Rule ANDHRA-PRADESH-RIGHT-TO-FAIR-COMPENSATION-AND-TRANSPARENCY-IN-LAND-ACQUISITION-REHABILITATION-AND-RESETTLEMENT-RULES-2014 of 2014
- Published on 20 November 2014
- Commenced on 20 November 2014
- [This is the version of this document from 20 November 2014.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
Chapter II
Requisition for land Acquisition
3. Requisition for land Acquisition.
- Any requiring body or its representative duly authorized by it for whom land is to be acquired shall file the Requisition to the concerned District Collector and to the Commissioner, Rehabilitation & Resettlement in Form-I together with the document s mentioned therein. In case of acquisition for Government, the requisition shall be filed by concerned Secretary of the Department or a person authorized by him.4. Action by District Collector on receiving requisition.
Chapter III
Social Impact Assessment (SIA)
5. Acquisition under Urgency Provisions and Exemption from Social Impact Assessment Study.
- Where any land is proposed to be acquired invoking urgency provisions under section 40 of the Act and if it is considered expedient to do so, the District Collector, where he is not the appropriate Government, shall submit a report to the State Government to issue appropriate directions. In other cases the decision shall be taken by the District Collector.6. Social Impact Assessment Study.
7. Institutional support and facilitation for Social Impact Assessment.
- The State SIA Unit shall undertake the following tasks namely:-8. Project-specific Terms of Reference (ToR) and Processing Fee for the SIA.
9. Selection of the SIA team.
10. Process of conducting the Social Impact Assessment.
11. Process for conducting public hearings.
12. Submission of SIA Report and SIMP.
- The final SIA Report and SIMP shall be prepared in Telugu language and shall be made available to Grama Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tahsildar shall be propagated in the form of posters circulated in the affected areas by affixing the posters in conspicuous places and shall be uploaded on the website of the State Government and the district concerned.13. Appointment of expert Group.
- The Appropriate Government shall constitute an independent multi disciplinary Expert Group for appraisal of SIA report and SIMP as per provisions of Section 7 of the Act.14. Appraisal of Social Impact Assessment report by an Expert Group.
15. Consideration of the Social Impact Assessment report, recommendations of the Expert Group etc.
16. Web-based Work Flow and Management Information System (MIS) for Land Acquisition and Rehabilitation and Resettlement.
- The Commissioner, Rehabilitation & Resettlement shall create a dedicated, user-friendly website that may serve as a public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the SIA and tracking each step of decision making, implementation and audit.17. Additional Norms with regard to the Social Impact Assessment Process.
- Parameters and a table of contents for the Social Impact Assessment Study and the Social Impact Management Plan are given in FORM-III and FORM-IV respectively, which should be used by the SIA team while preparing its report.18. Inventory of Waste, Barren and Un-utilized Lands.
- To ensure acquisition of minimum amount of land and to facilitate the utilization of un utilized public lands, the District Collector may prepare a district-level inventory report of waste, barren and unutilized public land, and land available in the Government land bank and shall be made available to the SIA team and Expert group. The inventory report shall be updated from time to time.Chapter IV
Preliminary Notification and Rehabilitation and Resettlement Scheme
19. Publication of Preliminary Notification.
20. 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 12.21. Disposal of objections.
22. Preparation of Rehabilitation and Resettlement Scheme and Public Hearing.
23. 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 18.24. Development Plan for Scheduled Castes or Scheduled Tribes Families.
- The Development Plan to be prepared in cases of a project involving land acquisition on behalf of a requiring body which involves involuntary displacement of the Scheduled Castes or Scheduled Tribes families under section 41 shall be in Form VIII.Chapter V
Declaration, Award and Compensation
25. Publication of Declaration for Acquisition.
26. Land Acquisition Award.
27. Rehabilitation and Resettlement Award.
- The Collector shall also make Rehabilitation and Resettlement Award for each affected family in accordance with the Second Schedule of the Act in FORM X and hand over family wise Awards to each affected family. The recovery of any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means, on refusal to refund shall be recovered as an arrear of land revenue invoking the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.28. Compensation.
29. Limits on extent of land under Section 2(3)(a) 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 private company through Private Negotiation with the owner of the land shall be five thousand acres of dry land or equivalent extent of Irrigated Dry or Wet lands in rural areas subject to any further notification as may be notified by Government. However, the provisions of Rehabilitation and Resettlement shall be applicable wherever any habitation is part of such land.Chapter VI
Administrator and Rehabilitation and Resettlement Committee and State Monitoring Committee
30. Power, duties and responsibilities of the Administrator.
- The Administrator shall exercise the powers and perform the duties and have the responsibilities as follows-31. Rehabilitation and Resettlement Committee at Project Level.
32. Procedure of State Monitoring Committee for Rehabilitation and Resettlement and Allowances of the experts associated with it.
33. The Salaries and allowances and other conditions of service of the Registrar and other officers and employees and Presiding Officer of Land Acquisition , Rehabilitation and Resettlement Authority.
Chapter VII
Miscelleneous
34. Reconveyance of Land to the Original Land Owner.
35. 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-I[See rule-3]Requisition for Land AcquisitionFrom:Name and/or Designation of the Requiring BodyTo:1. The District Collector
District ..............................................2. Commissioner, Rehabilitation &Resettlement, Andhra Pradesh State.
It is requested to acquire ....................................................................................... acre(s) of land for ..................................................................................................................... project/purpose and the details are furnished in Appendix I, II & III along with three copies of Combined Sketch showing the lands to be acquired.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 BodyAppendix-IName of the project:-1. Name of the Department or Government or Company, Local Authority, Institution:
2. Official designation of the representative of the requiring body authorised to sign the requisition :-
3. Purpose of Acquisition (in detail) :-
4. Whether the requisition is filed u/s 2(1) of the Act by the Government or Department for its own use hold and control :-
5. Whether the requisition is filed u/s 2(1)(a) to 2(1) (f) of the Act:-
6. Whether the requisition 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 requisition is filed u/s 40 of the Act :-
9. If so, on what ground?
10. Has the land to be acquired already been taken over form 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)
13. Reasons for delay in filing requisition, if requisition is filed after 6 weeks from the date of administrative approval of the project.
14. By what time possession of the land is required.
Requiring BodyAppendix-IIICertificate to be furnished along with the requisition for acquisition of land by the requiring authoritiesName of the project:-Certified that : -1. Demographic details of the population in the project area
• Age, sex, caste, religion• Literacy, health and nutritional status2. Poverty levels
• Vulnerable groups- Women, children, the elderly, women-headed households, the differently abled• Kinship patterns and women's role in the family• Social and cultural organisation• Administrative organisation• Political organisation• Civil society organisations and social movements3. Land use and livelihood
• Agricultural and non-agricultural use• Quality of land - soil, water, trees, etc.• Livestock• Formal and informal work and employment Household division of labour and women's work• Migration• Household income levels• Livelihood preferences• Food security4. Local economic activities
• Formal and informal, local industries• Access to credit• Wage rates• Specific livelihood activities women are involved in5. Factors that contribute to local livelihoods
• Access to natural resources• Common property resources• Private assets• Roads, transportation• Irrigation facilities• Access to markets• Tourist sites• Livelihood promotion programmes• Co-operatives and other livelihood-related associations6. Quality of the living environment
• Perceptions, aesthetic qualities, attachments and aspirations• Settlement patterns• Houses• Community and civic spaces• Sites of religious and cultural meaning• Physical infrastructure (including water supply, sewage systems etc.)• Public service infrastructure (schools, health facilities, anganwadi centres, public distribution system)• Safety, crime, violence• Social gathering points for womenII Part-B: Key impact areas Impacts on land, livelihoods and income- Level and type of employment Intra-household- employment patterns Income levels- Food security- Standard of living- Access and control over productive resources- Economic dependency or vulnerability- Disruption of local economy- Impoverishment risks- Women's access to livelihood alternatives1. Impacts on physical resources
- Impacts on natural resources, soil, air, water, forests- Pressures on land and common property natural resources for livelihoods2. Impacts on private assets, public services and utilities
- Capacity of existing health and education facilities- Capacity of housing facilities- Pressure on supply of local services- Adequacy of electrical and water supply, roads, sanitation and waste management system- Impact on private assets such as bore wells, temporary sheds etc.3. Health impacts
- Health impacts due to in-migration- Health impacts due to project activities with a special emphasis on- Impact on women's health- Impact on the elderly4. Impacts on culture and social cohesion
- Transformation of local political structures- Demographic changes- Shifts in the economy-ecology balance- Impacts on the norms, beliefs, values and cultural life- Crime and illicit activities- Stress of dislocation- Impact of separation of family cohesion- Violence against women5. Impacts at different stages of the project cycle
The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of the project cycle. Below is an indicative list of impacts:Pre-construction phase- Interruption in the delivery of services- Drop in productive investment- Land speculation- Stress of uncertainty Construction phase- Displacement and relocation- Influx of migrant construction workforce- Health impacts on those who continue to live close to the construction site6. Operation phase
- Reduction in employment opportunities compared to the construction phase- Economic benefits of the project- Benefits on new infrastructure- New patterns of social organisation7. De-commissioning phase
- Loss of economic opportunities- Environmental degradation and its impact on livelihoods8. Direct and indirect impacts
- "Direct impacts" will include all impacts that are likely to be experienced by the affected families- "Indirect impacts" will include all impacts that may be experienced by those not directly affected by the acquisition of land (i.e. Direct land and livelihood losers), but those living in the project area9. Differential impacts
- Impact on women, children, the elderly and the different abled- Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability and Resilience Mapping10. Cumulative impacts
- Measureable and potential impacts of other projects in the area along with the identified impacts for the project in question.-Impact on those not directly in the project area but based locally or even regionally.III PART-C. Table of Contents for SIA Report and Social Impact Management Plan| 1. | Chapter | Contents |
| Executive Summary | - Project and publicpurpose Location- Size and attributesof land acquisition- Alternativesconsidered- Social Impacts- Mitigation measures- Assessment of social costs and benefits | |
| 2. | Detailed Project Description | |
| - Background of theproject, including developers background andgovernance/management structure Rationale for project includinghow the project fits the public purpose criteria listed in theAct- Examination ofalternatives- Phases of projectconstruction- Core designfeatures and size and type of facilities- Need for ancillaryinfrastructural facilities- Work forcerequirements (temporary and permanent)- Details of SIA/EIAif already conducted and any technical feasibility reports- Applicable legislations and policies | ||
| 3. | Team composition, Approach, methodology and schedule of theSIA | - List of all teammembers with qualifications. Gender experts to be included inteam- Description andrationale for the methodology and tools used to collectinformation for the SIA- Samplingmethodology used- Overview ofinformation/data sources used. Detailed reference must beincluded separately in the forms- Schedule of consultations with keystakeholders and brief description of public hearings conducted.Details of the public hearings and the specific feedbackincorporated into the Report must be included in the forms |
| 4. | Land assessment | - Describe with thehelp of the maps, information from land inventories and primarysources- Entire area ofimpact under the influence of the project (not limited to landarea for acquisition)- Total landrequirement for the project- Present use of anypublic, unutilised land in the vicinity of the project area- Land (if any)already purchased, alienated, leased or acquired, and theintended use for each plot of land required for the project- Quantity andlocation of land proposed to be acquired for the project- Nature, present useand classification of land and if agricultural rand, irrigationcoverage and cropping patterns- Size of holdings,ownership patterns, land distribution, and number of residentialhouses- Land prices and recent changes in ownership,transfer and use of lands over the last 3 years |
| 5. | Estimation and enumeration are (where required) of affectedto be Families and assets | - Estimation of thefollowing types of families that (a) Directly affected (own landthat is proposed acquired):- Are tenants/occupythe land proposed to be acquired- The ScheduledTribes and other traditional forest dwellers who have lost any oftheir forest rights- Depend on commonproperty resources which will be affected due to acquisition ofland for their livelihood- Have been assignedland by the State Government or the Central Government under anyof its schemes and such land is under acquisition;- Have been residingon any land in the urban areas for preceding three years or moreprior to the acquisition of the land- Have depended onthe land being acquired as a primary source of livelihood forthree years prior to the acquisition(b) Indirectlyimpacted by the project (not affected directly by the acquisitionof own lands)(c) Inventory of productive assets andsignificant lands |
| 6. | Socio-economic and profile (affected area and resettlementsite) | - Demographic detailsof the population in the project area-I- Income and povertylevels- Vulnerable groups- Land use andlivelihood- Local economicactivities- Factors thatcontribute to local livelihoods- Kinship patternsand social and cultural organisation- Administrativeorganization- Politicalorganisation- Community-based andcivil society-organisations- Regional dynamicsand historical change processes- Quality of the living environment |
| 7. | Social impacts | - Framework andapproach to identifying impacts- Description ofimpacts at various stages of the project cycle such as impacts onhealth and livelihoods and culture. For each type of impact,separate indication of whether it is a direct/indirect impact,differential impacts on different categories of affected familiesand where applicable cumulative impacts- Indicative list of impacts areas include:impacts on land, livelihoods and income, physical resources,private assets, public services and utilities, health, cultureand social cohesion and gender based impacts |
| 8. | Analysis of costs and Recommendation Acquisition | - Final conclusionson: assessment of public benefits purpose, less-displacingalternatives minimum on requirements of land, the nature andintensity of social impacts, the viability of the mitigationmeasures and the extent to which mitigation measures described inthe SIMP will address the full range of social impacts andadverse social costs..- The above analysis will use the equityprinciple as a criteria of analysis for presenting a finalrecommendation on whether the acquisition should go through ornot |
| 9. | References and Forms | - For reference and further information |