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Haryana Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2018

Published vide Notification No. S.O.-1/C.A. 30/2013/S. 109/2018, dated 3.1.2018

hl062

Chapter I

General

(a) "Aadhaar authentication service" means electronic authentication carried out by Unique Identification Authority of India (UIDAI), or agencies appointed by it, after matching the biometric information of an individual at his request or with his consent, with the information maintained by UIDAI in its own central servers, and includes a `Yes/No' response, or a response containing the demographic information and photograph of that individual;

(b) "Aadhaar number" means a twelve digit unique identification number generated and issued to an individual by the Unique Identification Authority of India after de-duplication of demographic and biometric information pertaining to that individual;

(c) "Act" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013);

(d) "Competent Authority" means the Additional Chief Secretary to Government of Haryana, Revenue and Disaster Management Department;

(e) "District Collector" means the Collector of the District or any other officer notified by the Government to perform the functions of District Collector;

(f) "Expert Group" means the expert group constituted under sub-section (1) of section 7;

(g) "Form" means the Form appended to these rules;

(h) "Government" means the Government of the State Haryana in the Administrative Department concerned with the acquisition of land for the Requiring Body;

(i) "published" means published,-

(i) in the Official Gazette;

(ii) in two daily newspapers having circulation in the area under acquisition, at least one of which shall be in local vernacular;

(iii) by affixing the notification at conspicuous places in the affected areas in the Panchayat Ghar, Chaupals, Patwar Ghar, Dharamshalas, Community Center, the office of Municipality , Municipal Corporation, District Collector, Sub Divisional Officer (C) and the Tehsil, as the case may be. If the land is acquired on behalf of Haryana Urban Development Authority or any such other authority then the notification shall be affixed in their offices also;

(iv) a proclamation shall be made by beat of drum followed by announcement to inform the general public; and

(v) to be uploaded on the website of the Government:

(j) "section" means section of the Act.

(k) "Social Impact Assessment" means the assessment made under section 4;

(l) "Social Impact Management Plan" means a plan prepared as part of Social Impact Assessment process under sub-section (6) of section 4;

(m) "Social Impact Assessment Unit" means a society, Corporation or any other body constituted by the Competent Authority or a unit accredited by the Government which is authorized to conduct Social Impact Assessment Study about any proposed acquisition;

(n) "Urban area" means the area declared as Municipal area under clause (d) of article 243 p of the Constitution of India.

Chapter II

Request for Land Acquisition

(i) detailed project report;

(ii) three copies of Record of Rights and revenue maps of the affected areas;

(iii) information as available about the classification of land i.e., irrigated multi-cropped, single cropped, wasteland, etc.;

(iv) any other information required by the District Collector.

(i) correctness of the particulars furnished in the request under sub-rule (1) of rule 3;

(ii) bare minimum land required for the project;

(iii) whether the request is consistent with the provisions of the Act, and submit a report to the District Collector.

(i) that the proposed acquisition of land serves public purpose;

(ii) that the extent of land proposed for acquisition is the absolute bare-minimum needed for the project;

(iii) that the acquisition of land at an alternate place has been considered and found not feasible;

(iv) that there is no unutilised land suitable for the project which has been previously acquired in the area;

(v) that the land, if any, acquired earlier and remained unutilised, may be used for such public purpose; and

Chapter III

Social Impact Assessment

(a) build and continuously expand a Database of Qualified Social Impact Assessment Resource Partners and Practitioners, which shall serve as a network of individuals and institutions with the required skills and capacities to conduct Social Impact Assessments for land acquisition and Rehabilitation and Resettlement;

(b) respond immediately to the Government's request for a Social Impact Assessment to be conducted by preparing a project-specific terms of reference;

(c) conduct training and capacity building programmes for the Social Impact Assessment team and community surveyors and make available manuals, tools, comparative case study reports and other materials required for the analysis;

(d) provide ongoing support and corrective action, as required during the Social Impact Assessment process;

(e) ensure that the transaction based web-based work-flow for Social Impact Assessments and Management Information System for land acquisition and rehabilitation and resettlement as specified in rule 22 is maintained and that all relevant documents are disclosed as per the provisions of the Act;

(f) maintain, catalogue of all Social Impact Assessments and associated primary material; and

(g) continuously review, evaluate and strengthen the quality of Social Impact Assessments and the capacities available to conduct them.

(a) prepare a detailed project-specific terms of reference for each proposal of land acquisition, listing all the activities that shall be carried out indicating the appropriate team size (and number of field teams) and profile of the team members, and stipulate the schedule and deadlines for key deliverables for the Social Impact Assessment as detailed in PART-B of FORM-II to these rules;

(b) determine an estimated Social Impact Assessment fee based on the terms of reference with clear break-up of costs for each item or activity. The fee amount shall be based on the parameters defined by the Government including area, type of project and number of affected families.

(a) a combination of independent practitioners, qualified social activists, academicians, technical experts, who are not directly connected with the Requiring Body; and

(b) at least one woman member.

(a) area of impact under the proposed project, including both land to be acquired and areas that shall be affected by environmental, social or other impacts of the project;

(b) quantity and location of land proposed to be acquired for the project;

(c) whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort;

(d) land, if any, already purchased, alienated, leased or acquired, and the intended use for every portion of land required for the project;

(e) the possibility of use of any public, unutilized land for the project and whether any such land is under occupation;

(f) nature of the land, present use and classification of land and if it is an agricultural land, the irrigation coverage for the said land and the cropping pattern;

(g) whether the special provisions with respect to food security have been adhered to in the proposed land acquisition;

(h) size of holdings, ownership patterns, land distribution, number of residential houses, and public and private infrastructure and assets; and

(i) land prices and recent changes in matters of ownership, transfer and use of lands over the last three years.

(ii) The Social Impact Assessment team must assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities.

(iii) The Social Impact Management Plan shall include the following measures, namely :-

(a) that have been specified in the terms of rehabilitation and resettlement and compensation for all the categories of affected families, as outlined in the Act;

(b) that the Requiring Body has stated that it shall undertake in the project proposal and other relevant project documents; and

(c) the additional measures being undertaken by the Requiring Body in response to the findings of the Social Impact Assessment process and public hearings.

Chapter IV

Consent

(a) a copy of the draft Social Impact Assessment report (if readily available) in the local language;

(b) initial package being offered for compensation and rehabilitation and resettlement;

(c) a list of the rights currently enjoyed by the village and its residents under Revenue Laws, Forest Rights Act and other legislations;

(d) a written statement signed by the Collector, certifying that there shall be no consequences, if consent is denied for a project and stating that any attempt to coerce or intimidate in order to obtain consent, shall be illegal; and

(e) contact details of the officer or authority along with official telephone number to be contacted in case of any attempt to coerce for signing the declaration of consent process.

Chapter-V

Preliminary Notification for Land Acquisition and Rehabilitation and Resettlement Scheme

(a) delete the names of deceased persons;

(b) enter the names of the legal heirs of the deceased persons;

(c) take effect of the registered transactions of the rights in land such as sale, gift, partition, etc.;

(d) make all entries of the mortgages in the land records;

(e) delete the entries of mortgages in case the lending agency issues letter towards full payment of loans taken through registered re-conveyance of mortgaged property deeds;

(f) make necessary entries in respect of all prevalent forest laws;

(g) make necessary entries in case of the Government land and also in respect of land of local authorities;

(h) make necessary entries in respect of assets on the land like construction, buildings, trees, wells, etc.;

(i) make necessary entries of share-croppers in the land;

(j) make necessary entries of crops grown or sown and the area of such crops; and

(k) any other relevant entries.

(a) suitability assessment as to whether the proposed acquisition serves public purpose;

(b) whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the project;

(c) suitability as to whether land acquisition at an alternate place has been considered and found not feasible;

(d) there is no unutilised land which has been previously acquired in the area;

(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and recommendations in respect thereof;

(f) suitability recommendations on the objections;

(g) suitability record of proceedings;

(h) suitability as to approximate cost of land acquisition ;

(i) particulars as to number of affected families likely to be resettled.

(a) the Social Impact Assessment report;

(b) the records of the local authorities, and other Government records.

(a) list of affected families, with Aadhaar number of its members, if available;

(b) list of displaced families, with Aadhaar number of its members, if available;

(c) list of infrastructure in the affected area;

(d) list of land holdings in the affected area;

(e) list of trees, buildings, other immovable property or assets attached to the land or building which are to be acquired;

(f) list of trades or businesses in the affected area;

(g) list of persons belonging to the Scheduled Castes or the Scheduled Tribes, divyangs in the affected area;

(h) list of landless agricultural labourers in the affected areas;

(i) list of unemployed youth in the affected families; and

(j) time limit for implementing rehabilitation and resettlement Scheme:

Chapter VI

Declaration and Award

Chapter VII

Administration, Rehablitation and Resettlemtn Committee and State Monitering Committee

(a) to conduct a survey and undertake a census of the affected families and details of livestock possessed by each affected family in accordance with rule 20;

(b) to prepare a draft Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft scheme);

(c) to give wide publicity to the draft scheme in accordance with sub-rule (5) of rule 20 in the affected areas;

(d) to make the draft scheme available to the concerned persons and authorities;

(e) to organise and conduct public hearings on the draft Scheme;

(f) to submit the draft scheme to the Collector;

(g) to execute and monitor the rehabilitation and resettlement scheme;

(h) to assist the Commissioner in post-implementation of social audit of rehabilitation and resettlement scheme; and

(i) any other work required to be done for rehabilitation and resettlement.

(a) call for records and information of rehabilitation and resettlement schemes;

(b) call the Requiring Body for discussion as and when required;

(c) ask for report about implementation of its decision from Rehabilitation and Resettlement Committee.

Chapter VIII

Land Acquisition, Rehablitation and Resettlement Authority

Miscellaneous

Form-I

[(See rule-3(1)]

Request for Acquisition of Land

1. The District Collector.........................................................

2. Commissioner, R&R, .....................................................................

Yours faithfully

Requiring Body

Annexure-I

(1) Name of the village-

(2) Name of the Tehsil-

(3) Name of the Municipality/Municipal Corporation-

(4) Name of the District-

(5) Khasra Nos. to be acquired-

(6) Total area under request (in acres)-

(7) Boundaries of the area to be acquired-

East-

West-

North-

South-

(8) Area of the agricultural and irrigated multi-cropped land (mentioned separately)

(9) Reasons for inclusion of agricultural and irrigated multi-cropped land ........................................................................ .........................................................................................................

(10) Details of buildings and other structures, tanks, wells, tress, etc.,

(11) Reasons for the inclusion of religious building, graveyard or tomb etc. for acquisition, if any.

Annexure-II

1. Department or Government or Company, Local Authority, Institution:

2. Official designation of the requiring body:-

3. Purpose of Acquisition (in detail):-

4. Whether the request is filed under/section 2(1) of the Act by the Government or Department for its own use hold and control:-

5. Whether the request is filed u/s 2(1) (a) to 2(1) (f) of the Act:-

6. Whether the request 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 request is filed under Section 40 of the Act:-

9. If so, on what ground ?

10. Has the land for the project been partially purchased from 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) in case of Government or department or local authority.

13. Reasons for delay in filing request, if request is filed after six weeks from the date of administrative approval of the project in case of Government or Department or local authority.

14. By what time possession of the land is required.

Annexure-III

Certificate to be furnished along with the request for acquisition of land by the requiring authorities.

(1) Certified that the project for which the land is sought to be acquired has been administratively approved vide Department letter No. .............................. dated ....................................... for acquisition under the Act (Copy of letter attached).

(2) The estimated cost of the project is of INR .................................... and necessary budget was sanctioned and funds are available towards cost of acquisition.

(3) The Department undertakes to pay the full amount in case of decree by the Land acquisition, Rehabilitation and Resettlement Authority/High Court/Supreme Court as and when asked to do so by the Collector.

Form-II

[For Part-A, see rule-5(1) and for Part-B, see rule 7(1)]

Part-A. Notification of the Social Impact Assessment

Chandigarh. ............, Dated .........

Schedule of the Area
District:
Village

Extent of Land (in acres)
Secretary to Government.

Part -B. Terms of Reference and Processing Fee for the Social Impact

(i) The Social Impact Assessment Unit shall review the proposal for land acquisition sent by the Government and produce a project-specific Terms of Reference and budget. Based on the Terms of Reference and budget, a processing fee shall be determined, which shall be deposited by the Requiring Body before the notification of the Social Impact Assessment is issued.

(ii) The Terms of Reference shall include the following information:-

(a) a brief description of the project, project area and the extent of lands proposed for acquisition.

(b) the objectives of the Social Impact Assessment and all the activities that shall be carried out by the Social Impact Assessment team.

(c) sequencing, schedule and deadlines for deliverables with dates for the Social Impact Assessment process, based on the size and complexity of the project and land acquisition, and whether consent of Gram Sabhas and/or land owners is required to be sought.

(d) the appropriate size and profile of the Social Impact Assessment team required (including field surveyors, if needed) to conduct the Social Impact Assessment for the specific project.

(e) a project-specific budget based on the Terms of Reference, with a clear break-up of costs for each item or activity.

(f) the schedule for the disbursement of funds to the Social Impact Assessment team tied to clearly defined deliverables in the Social Impact Assessment process.

(iii) The processing fee shall be determined based on the Terms of Reference and budget developed for each specific project and shall be based on the type, size, location, and sensitivity of the project and the land proposed for acquisition. Information regarding the processing fee bands and the cost for separate components or line items shall be made consistent and easily accessible, so that the Requiring Body can factor this into its costs in advance. These rates shall be reviewed and revised from time to time. A fixed proportion of the fee shall go towards meeting the costs of the Social Impact Assessment Unit.

Form-III

[See rules-5(3), 9(5) and 9 (6)]

Social Impact Assessment Report

1. Demographic details of the population in the project area

(a) Age, sex, caste, religion

(b) Literacy, health and nutritional status

2. Poverty levels

3. Vulnerable groups

(a) Women,

(b) children,

(c) the elderly,

(d) women-headed households,

(e) the differently abled

4. Kinship patterns and women's role in the family

5. Social and cultural organisation

6. Administrative organisation

7. Political organisation

8. Civil society organisations and social movements

9. Land use and livelihood

(a) Agricultural and non-agricultural use

(b) Quality of land - soil, water, trees etc.

(c) Livestock

(d) Formal and informal work and employment

(e) Household division of labour and women's work

(f) Migration

(g) Household income levels

(h) Livelihood preferences

(i) Food security

10. Local economic activities

(a) Formal and informal, local industries

(b) Access to credit

(c) Wage rates

(d) Specific livelihood activities women are involved in

11. Factors that contribute to local livelihoods

(a) Access to natural resources

(b) Common property resources

(c) Private assets

(d) Roads, transportation

(e) Irrigation facilities

(f) Access to markets

(g) Tourist sites

(h) Livelihood promotion programmes

(i) Co-operatives and other livelihood-related associations

12. Quality of the living environment

(a) Perceptions, aesthetic qualities, attachments and aspirations

(b) Settlement patterns

(c) Houses

(d) Community and civic spaces

(e) Sites of religious and cultural meaning

(f) Physical infrastructure (including water supply, sewage systems etc.)

(g) Public service infrastructure (schools, health facilities, anganwadi centres, public distribution system)

(h) Safety, crime, violence

(i) Social gathering points for women

1. Impacts on land, livelihoods and income

(a) Level and type of employment

(b) Intra-household employment patterns

(c) Income levels

(d) Food security

(e) Standard of living

(f) Access and control over productive resources

(g) Economic dependency or vulnerability

(h) Disruption of local economy

(i) Impoverishment risks

(j) Women's access to livelihood alternatives

2. Impacts on physical resources

(a) Impacts on natural resources, soil, air, water, forests

(b) Pressures on land and common property natural resources for livelihoods

3. Impacts on private assets, public services and utilities

(a) Capacity of existing health and education facilities

(b) Capacity of housing facilities

(c) Pressure on supply of local services

(d) Adequacy of electrical and water supply, roads, sanitation and waste management system

(e) Impact on private assets such as bore wells, temporary sheds etc.

4. Health impacts

(a) Health impacts due to in-migration

(b) Health impacts due to project activities with a special emphasis on:-

(i) Impact on women's health

(ii) Impact on the elderly

5. Impacts on culture and social cohesion

(a) Transformation of local political structures

(b) Demographic changes

(c) Shifts in the economy-ecology balance

(d) Impacts on the norms, beliefs, values and cultural life

(e) Crime and illicit activities

(f) Stress of dislocation

(g) Impact of separation of family cohesion

(h) Violence against women

6. 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

(a) Pre-construction phase

(i) Interruption in the delivery of services

(ii) Drop in productive investment

(iii) Land speculation

(iv) Stress of uncertainty

(b) Construction phase

(i) Displacement and relocation

(ii) Influx of migrant construction workforce

(iii) Health impacts on those who continue to live close to the construction site

(c) Operation phase

(i) Reduction in employment opportunities compared to the construction phase

(ii) Economic benefits of the project

(iii) Benefits on new infrastructure

(iv) New patterns of social organisation

(d) De-commissioning phase

(i) Loss of economic opportunities

(ii) Environmental degradation and its impact on livelihoods

(e) Direct and indirect impacts

(i) "Direct impacts" shall include all impacts that are likely to be experienced by the affected families (i.e. Direct land and livelihood losers)

(ii) "Indirect impacts" shall include all impacts that may be experienced by those not directly affected by the acquisition of land but those living in the project area

(f) Differential impacts

(i) Impact on women, children, the elderly and the different abled

(ii) Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability and Resilience Mapping

(g) Cumulative impacts

(i) Measureable and potential impacts of other projects in the area along with the identified impacts for the project in question.

(ii) Impact on those not directly in the project area but based locally or even regionally.

(Seal and signature of the Chairman and
Members, Social Impact Assessment Unit.)

Form-IV

[See rule-5 (4)]

1. Approach to mitigation

2. Measures to avoid, mitigate and compensate impact

3. Measures that are included in the terms of Rehabilitation & Resettlement and compensation as outlined in the Act

4. Measures that the Requiring Body has stated it shall introduce in the Project Proposal

5. Additional measures that the Requiring Body has stated it shall undertake in response to the findings of the Social Impact Assessment process and public hearings

6. The Social Impact Management Plan must include a description of institutional structures and key person responsible for each mitigation measure and timelines and costs for each activity.

(Seal and signature of the Chairman and Members,
Social Impact Assessment Unit.)

Form- V

[See rule- 12 (3) and section 5 of the Act]

Notice for Public Hearing

Dated:

Chairman
Social Impact Assessment Unit.

Form-VI

[See rule-17(3)]

Prior Written Consent/Declaration Form

Signature or Thumb impression of the affected
family(s) and date:

Form-VII

[See rule-18(1)]

Preliminary Notification

Dated:..............................

Secretary to the Government

Form-VIII

[See rule-19 (1) and sub section (2) of section 15 of the Act]

Notice by Collector

Date. ......................................................

Schedule

Collector

Form-IX

[See rule-23]

Format for Development Plan under Rehabilitation and Resettlement scheme for SC/ST families displaced due to land acquisition

(a) Details of Land right due, but not settled:

(b) Details of actions for restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive.

(c) 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.

Form-X

[See rule-24]

The.............................................

Secretary to the Government

Form-XI

[See rule-26]

Seal & Signature of the Collector

* Bank account detail to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant.

Form-XII

[See rule-27 (1)]

Award for Rehabilitation and Resettlement

Land Acquisition Case No.

Seal & Signature of the Collector

* Bank account detail to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant.

Form-XIII

[See rule-27(3)]