43. Appointment of Administrator.–(1) Where the appropriate Government is satisfied that there
is likely to be involuntary displacement of persons due to acquisition of land, then, the State
Government shall, by notification, appoint in respect of that project, an officer not below the rank of
Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue
Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the
special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by
the appropriate Government and provided with office infrastructure and be assisted by such officers
and employees who shall be subordinate to him as the appropriate Government may decide.
(3) Subject to the superintendence, directions and control of the appropriate Government and the
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Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the
Rehabilitation and Resettlement Scheme shall vest in the Administrator.
44. Commissioner for rehabilitation and resettlement.–(1) The State Government shall appoint
an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and
resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and
Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and
resettlement schemes or plans and proper implementation of such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation social audit in consultation
with the Gram Sabha in rural areas and municipality in urban areas.
45. Rehabilitation and resettlement committee at project level.–(1) Where land proposed to be
acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a
Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement
Committee, to monitor and review the progress of implementation of the Rehabilitation and
Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram
Sabha in rural areas and municipality in urban areas.
(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the
appropriate Government, the following members, namely:—
(a) a representative of women residing in the affected area;
(b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the
affected area;
(c) a representative of a voluntary organisation working in the area;
(d) a representative of a nationalised bank;
(e) the Land Acquisition Officer of the project;
(f) the Chairpersons of the panchayats or municipalities located in the affected area or their
nominees;
(g) the Chairperson of the District Planning Committee or his nominee;
(h) the Member of Parliament and Member of the Legislative Assembly of the concerned area
or their nominees;
(i) a representative of the Requiring Body; and
(j) Administrator for Rehabilitation and Resettlement as the Member-Convenor.
(3) The procedure regulating the discharge of the process given in this section and other matters
connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be
prescribed by the appropriate Government.
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons
other than specified persons.—(1) Where any person other than a specified person is purchasing land
through private negotiations for an area equal to or more than such limits, as may be notified by the
appropriate Government, considering the relevant State specific factors and circumstances, for which
the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an
application with the District Collector notifying him of—
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction
of all relevant provisions under this Act related to rehabilitation and resettlement.
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(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per
the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and
Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in
full.
(5) Any purchase of land by a person other than specified persons without complying with the
provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:
Provided that the appropriate Government may provide for rehabilitation and resettlement
provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said
purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day
of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land
is acquired within three years from the date of commencement of this Act, then, forty per cent. of the
compensation paid for such land acquired shall be shared with the original land owners.
Explanation.—For the purpose of this section, the expression—
(a) “original land owner” refers to the owner of the land as on the 5th day of September, 2011;
(b) “specified persons” includes any person other than—
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies Registration
Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled
by the appropriate Government.
STATE AMENDMENTS
Andhra Pradesh
[In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the
words “any person other than”, shall be omitted.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).]
Maharashtra
“In section 46 of the principal Act, in sub-section (6), in the Explanation, in clause (b),
sub-clauses (i) and (ii) shall be deleted.”
[Vide Maharashtra Act 37 of 2018, sec. 8 (w.e.f. 26.4.2018).]
Haryana
“In clause (b) of Explanation to section 46 of the principal Act, the words “any person other
than” shall be omitted.”
[Vide Haryana Act 21 of 2018, sec. 3 (w.e.f. 9.5.2018).]
47. Quantification and deposit of rehabilitation and resettlement amount.–Where the
Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and
resettlement can be quantified into monetary amount, he shall allow the payment of such amount into
an account in complete satisfaction of such obligations, which shall be administered by the
Administrator appointed under section 43, under the supervision of the Collector.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation and resettlement.–(1)
The Central Government may, whenever necessary, for national or inter-State projects, constitute a
National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation
and resettlement schemes or plans under this Act.
(2) The Committee may, besides having representation of the concerned Ministries and
Departments of the Central and State Governments, associate with it eminent experts from the relevant
fields.
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(3) The procedures to be followed by the Committee and the allowances payable to the experts
shall be such as may be prescribed.
(4) The Central Government shall provide officers and other employees to the Committee
necessary for its efficient functioning.
49. Reporting requirements.–The States and Union territories shall provide all the relevant
information on the matters covered under this Act, to the National Monitoring Committee in a regular
and timely manner, and also as and when required.
50. Establishment of State Monitoring Committee for rehabilitation and resettlement.–(1)
The State Government shall constitute a State Monitoring Committee for reviewing and monitoring
the implementation of rehabilitation and resettlement schemes or plans under this Act.
(2) The Committee may, besides having representatives of the concerned Ministries and
Departments of the State Government, associate with it eminent experts from the relevant fields.
(3) The procedures to be followed by the Committee and the allowances payable to the experts
shall be such as may be prescribed by the State.
(4) The State Government shall provide such officers and other employees to the Committee as
may be necessary for its efficient functioning.