ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED
FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON
LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE.
Serial
No.
Elements of Rehabilitation
and Resettlement
Entitlements
Entitlement/provision Whether
provided or
not (if
provided,
details to be
given)
(1) (2) (3) (4)
1. Provision of housing units
in case of displacement
(1) If a house is lost in rural areas, a constructed house
shall be provided as per the Indira Awas Yojana
specifications. If a house is lost in urban areas, a
constructed house shall be provided, which will be not
less than 50 sqmts in plinth area.
(2) The benefits listed above shall also be extended to
any affected family which is without homestead land
and which has been residing in the area continuously
for a period of not less than three years preceding the
date of notification of the affected area and which has
been involuntarily displaced from such area:
Provided that any such family in urban areas which
opts not to take the house offered, shall get a one-time
financial assistance for house construction, which shall
not be less than one lakh fifty thousand rupees:
Provided further that if any affected family in rural
areas so prefers, the equivalent cost of the house may
be offered in lieu of the constructed house:
Provided also that no family affected by acquisition
shall be given more than one house under the
provisions of this Act.
Explanation.–The houses in urban area may, if
necessary, be provided in multi-storied building
complexes.
2. Land for Land In the case of irrigation project, as far as possible and
in lieu of compensation to be paid for land acquired,
each affected family owning agricultural land in the
affected area and whose land has been acquired or lost,
or who has, as a consequence of the acquisition or loss
of land, been reduced to the status of a marginal farmer
or landless, shall be allotted, in the name of each
person included in the records of rights with regard to
the affected family, a minimum of one acre of land in
the command area of the project for which the land is
acquired:
Provided that in every project those persons losing land
and belonging to the Scheduled Castes or the
Scheduled Tribes will be provided land equivalent to
land acquired or two and a one-half acres, whichever is
lower.
49
(1) (2) (3) (4)
3. Offer forDeveloped Land In case the land is acquired for urbanisation purposes,
twenty per cent. of the developed land will be reserved
and offered to land owning project affected families, in
proportion to the area of their land acquired and at a
price equal to the cost of acquisition and the cost of
development:
Provided that in case the land owning project affected
family wishes to avail of this offer, an equivalent
amount will be deducted from the land acquisition
compensation package payable to it.
4. Choice of Annuity or
Employment
The appropriate Government shall ensure that the
affected families are provided with the following
options:
(a) where jobs are created through the project, after
providing suitable training and skill development in the
required field, make provision for employment at a rate
not lower than the minimum wages provided for in any
other law for the time being in force, to at least one
member per affected family in the project or arrange
for a job in such other project as may be required; or
(b) onetime payment of five lakhs rupees per affected
family; or
(c) annuity policies that shall pay not less than two
thousand rupees per month per family for twenty years,
with appropriate indexation to the Consumer Price
Index for Agricultural Labourers.
5. Subsistence grant
fordisplaced families for a
period of one year
Each affected family which is displaced from the land
acquired shall be given a monthly subsistence
allowance equivalent to three thousand rupees per
month for a period of one year from the date of award.
In addition to this amount, the Scheduled Castes and
the Scheduled Tribes displaced from Scheduled Areas
shall receive an amount equivalent to fifty thousand
rupees.
In case of displacement from the Scheduled Areas, as
far as possible, the affected families shall be relocated
in a similar ecological zone, so as to preserve the
economic opportunities, language, culture and
community life of the tribal communities.
6. Transportation cost for
displaced families
Each affected family which is displaced shall get a onetime financial assistance of fifty thousand rupees as
transportation cost for shifting of the family, building
materials, belongings and cattle.
7. Cattle shed/Petty shops cost Each affected family having cattle or having a petty
shop shall get one-time financial assistance of such
amount as the appropriate Government may, by
notification, specify subject to a minimum of twentyfive thousand rupees for construction of cattle shed or
petty shop as the case may be.
50
(1) (2) (3) (4)
8. One-time grant to
artisan, small traders and
certain others
Each affected family of an artisan, small
trader or self-employed person or an
affected family which owned nonagricultural land or commercial,
industrial or institutional structure in the
affected area, and which has been
involuntarily displaced from the affected
area due to land acquisition, shall get
one-time financial assistance of such
amount as the appropriate Government
may, by notification, specify subject to a
minimum of twenty-five thousand
rupees.
9. Fishing rights In cases of irrigation or hydel projects,
the affected families may be allowed
fishing rights in the reservoirs, in such
manner as may be prescribed by the
appropriate Government.
10. One-time Resettlement
Allowance
Each affected family shall be given a
one-time “Resettlement Allowance” of
fifty thousand rupees only.
11. Stamp duty and
registration fee
(1) The stamp duty and other fees
payable for registration of the land or
house allotted to the affected families
shall be borne by the Requiring Body.
(2) The land for house allotted to the
affected families shall be free from all
encumbrances.
(3) The land or house allotted may be in
the joint names of wife and husband of
the affected family.