31. Rehabilitation and Resettlement Award for affected families by Collector.–(1) The
Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the
entitlements provided in the Second Schedule.
(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:—
(a) rehabilitation and resettlement amount payable to the family;
(b) bank account number of the person to which the rehabilitation and resettlement award
amount is to be transferred;
(c) particulars of house site and house to be allotted, in case of displaced families;
(d) particulars of land allotted to the displaced families;
(e) particulars of one time subsistence allowance and transportation allowance in case of
displaced families;
(f) particulars of payment for cattle shed and petty shops;
(g) particulars of one-time amount to artisans and small traders;
(h)d etails of mandatory employment to be provided to the members of the affected families;
(i) particulars of any fishing rights that may be involved;
(j) particulars of annuity and other entitlements to be provided;
(k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be
provided:
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Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any
affected family the same shall be indicated as “not applicable”:
Provided further that the appropriate Government may, by notification increase the rate of
rehabilitation and resettlement amount payable to the affected families, taking into account the rise in
the price index.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after section 31, the following section shall be inserted, namely:-
“31A. Payment of Lump sum amount by State Government:–Notwithstanding anything
contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it
shall be competent for the state Government to pay such lumpsum about as may be prescribed in the
rules in lieu of Rehabilitation.”
Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as
may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 7 (w.e.f. 1-1-2014).]
Maharashtra
After section 31 of the principal Act, the following section shall be inserted, namely:-
“31A. Payment of lump sum amount by State Government for its linear nature projects.–
Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay,
whenever the land is to be acquired for its own use amounting to less than one hundred acres or
whenever the land is to be acquired in case of projects which are linear in nature as referred to the
proviso to sub-section (4) of section 10, as Rehabilitation and Resettlement cost, such lump sum
amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the
affected families.”
[Vide Maharashtra Act 37 of 2018, sec. 6 (26-4-2018).]
32. Provision of infrastructural amenities in resettlement area.–In every resettlement area as
defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic
minimum amenities specified in the Third Schedule.
33. Corrections to awards by Collector.–(1) The Collector may at any time, but not later than six
months from the date of award or where he has been required under the provisions of this Act to make
a reference to the Authority under section 64, before the making of such reference, by order, correct
any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own
motion or on the application of any person interested or local authority:
Provided that no correction which is likely to affect prejudicially any person shall be made unless
such person has been given a reasonable opportunity of making representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award so corrected to
all the persons interested.
(3) Where any excess amount is proved to have been paid to any person as a result of the
correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in
the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate
Government.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, after section 33, the following new section 33 A shall be inserted, namely:-
28
“33A. Recovery of the amount wrongfully paid.–Notwithstanding anything contained in any
other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or
any other authority in any legal proceedings find that the money has been wrongfully paid to any
person under this Act, the State Government or its authorized person or Collector shall recover the
same as arrears of land revenue.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 8 (w.e.f. 1-1-2014).]
34. Adjournment of enquiry.–The Collector may, for any cause he thinks fit, from time to time
adjourn the enquiry to a day to be fixed by him.
35. Power to summon and enforce attendance of witnesses and production of documents.–For
the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the
attendance of witnesses, including the parties interested of any of them, and to compel the production
of documents by the same means, and (so far as may be) in the same manner as is provided in the case
of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
36. Power to call for records, etc.–The appropriate Government may at any time before the
award is made by the Collector under section 30 call for any record of any proceedings (whether by
way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any
findings or order passed or as to the regularity of such proceedings and may pass such order or issue
such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial
to any person without affording such person a reasonable opportunity of being heard.
37. Awards of Collector when to be final.–(1) The Awards shall be filed in the Collector’s office
and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector
and the persons interested, whether they have respectively appeared before the Collector or not, of the
true area and market value of the land and the assets attached thereto, solatium so determined and the
apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his awards to such of the persons interested who
are not present personally or through their representatives when the awards are made.
(3) The Collector shall keep open to the public and display a summary of the entire proceedings
undertaken in a case of acquisition of land including the amount of compensation awarded to each
individual along with details of the land finally acquired under this Act on the website created for this
purpose.
38. Power to take possession of land to be acquired.–(1) The Collector shall take possession of
land after ensuring that full payment of compensation as well as rehabilitation and resettlement
entitlements are paid or tendered to the entitled persons within a period of three months for the
compensation and a period of six months for the monetary part of rehabilitation and resettlement
entitlements listed in the Second Schedule commencing from the date of the award made under
section 30:
Provided that the components of the Rehabilitation and Resettlement Package in the Second and
Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen
months from the date of the award:
Provided further that in case of acquisition of land for irrigation or hydel project, being a public
purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the
lands acquired.
(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process
is completed in all its aspects before displacing the affected families.
39. Additional compensation in case of multiple displacements.–The Collector shall, as far as
possible, not displace any family which has already been displaced by the appropriate Government for
the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional
29
compensation equivalent to that of the compensation determined under this Act for the second or
successive displacements.
40. Special powers in case of urgency to acquire land in certain cases.–(1) In cases of urgency,
whenever the appropriate Government so directs, the Collector, though no such award has been made,
may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take
possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the
Government, free from all encumbrances.
(2) The powers of the appropriate Government under sub-section (1) shall be restricted to the
minimum area required for the defence of India or national security or for any emergencies arising out
of natural calamities or any other emergency with the approval of Parliament:
Provided that the Collector shall not take possession of any building or part of a building under
this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention
to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his
movable property from such building without unnecessary inconvenience.
(3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector
shall tender payment of eighty per cent. of the compensation for such land as estimated by him to the
person interested entitled thereto.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions
of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may
direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so
direct, a declaration may be made under section 19 in respect of the land at any time after the date of
the publication of the preliminary notification under sub-section (1) of section 11.
(5) An additional compensation of seventy-five per cent. of the total compensation as determined
under section 27, shall be paid by the Collector in respect of land and property for acquisition of which
proceedings have been initiated under sub-section (1) of this section:
Provided that no additional compensation will be required to be paid in case the project is one that
affects the sovereignty and integrity of India, the security and strategic interests of the State or
relations with foreign States.
STATE AMENDMENTS
Maharashtra
“In section 40 of the principal Act, in sub-section (2), after the words “approval of Parliament”, the
words “or to comply with the directions given by the Central Government to the State Government”
shall be added.”
[Vide Maharashtra Act 37 of 2018, sec. 7 (w.e.f. 26.4.2018).]
41. Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no
acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the
concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level
in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained,
in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a
notification under this Act, or any other Central Act or a State Act for the time being in force:
Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be
obtained in cases where the Gram Sabha does not exist or has not been constituted.
(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves
involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development
Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for
settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the
30
Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition.
(5) The Development Plan shall also contain a programme for development of alternate fuel,
fodder and non-timber forest produce resources on non-forest lands within a period of five years,
sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.
(6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes,
at least one-third of the compensation amount due shall be paid to the affected families initially as first
instalment and the rest shall be paid after taking over of the possession of the land.
(7) The affected families of the Scheduled Tribes shall be resettled preferably in the same
Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
(8) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled
Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for
community and social gatherings.
(9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in
disregard of the laws and regulations for the time being in force shall be treated as null and void, and
in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made
available to the original tribal land owners or land owners belonging to the Scheduled Castes.
(10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes
having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the
reservoir area of the irrigation or hydel projects.
(11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are
relocated outside of the district, then, they shall be paid an additional twenty-five per cent.
rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a onetime entitlement of fifty thousand rupees.
42. Reservation and other benefits.–(1) All benefits, including the reservation benefits available
to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the
resettlement area.
(2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the
Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to
the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and
benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled
regardless of whether the resettlment area is a Scheduled Area referred to in the said Fifth Schedule, or
a tribal area referred to in the said Sixth Schedule, or not.
(3) Where the community rights have been settled under the provisions of the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall
be quantified in monetary amount and be paid to the individual concerned who has been displaced due
to the acquisition of land in proportion with his share in such community rights.