Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014

Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014

Published vide Notification G.O.MS.No. 389, Revenue (Land Acquisition) Department, dated 20.11.2014

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CHAPTER - I

General

1. Short title, extent and commencement.- (1) These rules may be called the Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.

(2) They shall extend to the whole of the State of Andhra Pradesh.

(3) They shall come into force on the date of their publication in the Andhra Pradesh State Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013);

(b) "Appropriate Government" means the State Government and includes the District Collector of the concerned District for any extent of land to be acquired for a public purpose within the jurisdiction of the revenue district ;

(c) "Central Rules" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement ( Social Impact Assessment and Consent) Rules, 2014 published by Ministry of Rural Development, Government of India, vide Notification No. G.S.R.574(E), Dated 8th August, 2014.

(d) "Collector" means the District Collector and includes the Joint Collector, Additional Joint Collector, Sub Collector/ RDO , Special Collector (LA)/Special Deputy Collector (LA) and any other officer designated by the State Government to perform all or any of the functions of the Collector under the Act;

(e) "Form" means Forms appended to these rules ;

(f) "Grama Panchayat" means the body constituted for the local administration of a village under section 2(17) of the Andhra Pradesh Panchayat Raj Act, 1994 ;

(g) "Gram Sabha" means the Gram Sabha as defined under section. 6 of the Andhra Pradesh Panchayat Raj Act, 1994 and for Scheduled Areas the Gram Sabha defined under Section 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 read with Rule 4 of the Andhra Pradesh Panchayats Extension to Scheduled Areas (PESA ) Rules, 2011.

(h) "Landless" means any resident of the State of the Andhra Pradesh who is below poverty line, major and not owning any land;

(i) "State Government" means the Government of Andhra Pradesh;

(j) "Urban Area" means the urban area within the meaning of Articles 243(P) and 243(Q) of Part IXA of the Constitution of India as amended in the Constitution (Seventy Fourth Amendment) Act, 1992.

(2) All words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

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.- (1) The District Collector upon receiving requisition shall constitute a team of revenue and agriculture officers to make field visit along with the representative of the requiring body to make a preliminary enquiry about the correctness of the particulars furnished in the requisition including the enquiry whether the requisition is consistent with the provisions of the Act, and submit a report to the District Collector.

(2) If the District Collector, based on the report of the team, other information available with him and instructions issued by the State Government in this regard, is satisfied that the requisition is consistent with the provisions of the Act; he shall make a preliminary estimate of the cost of the acquisition as defined under Section 3 (i) of the Act. The administrative cost under item (A) of Section 3 (i) (vi) of the Act, shall be at the rate of 10% of the cost of compensation as provided in item (i) of Section 3 (i) of the Act. The District Collector will inform the Requiring Body to deposit the estimated cost of acquisition in his office within a period as may be specified by him and the Requiring Body shall deposit the same within the period specified by the District Collector without which process under the Act shall not commence.

(3) The Requiring Body shall deposit the balance cost of acquisition after final estimation is prepared by the Collector and if any excess amount is awarded by the Authority or a Competent Court.

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.- (1) The Commissioner, Rehabilitation & Resettlement shall be the state Social Impact Assessment Unit to arrange to carry out Social Impact Assessment Study (herein after referred to as SIA).

(2)The District Collector shall, within a period of fifteen days from the date of deposit of the processing fee for carrying the SIA study by the Requiring Body, issue a notification for carrying out SIA in accordance with Part-A of FORM-II . The same shall be made available in Telugu language to the Gram Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tahsildar at Mandal level. The notification shall be published in the form of posters and pamphlets circulated in the affected area and by affixing the posters at some conspicuous places in the affected areas and shall be uploaded on the website of the State Government and the revenue district concerned.

Provided that such notification shall be issued within thirty days after the deposit of the processing fee for carrying Social Impact Assessment by the Requiring Body, which shall be determined under the Rule 8(1)(b).

(3) The SIA shall be conducted in consultation with concerned Gram Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, at village level or ward level in the affected areas, for the purposes of section 4 of the Act, followed by a public hearing at the affected areas by giving adequate publicity about the date and time and venue for the public hearing to ascertain the views of the affected families which shall be recorded in writing.

(4) The SIA report shall be submitted in FORM-III to the Commissioner, Rehabilitation & Resettlement within a period of Six months from the date of commencement and shall include the views of the affected families recorded in writing.

(5) The SIA Report including summaries shall be prepared and divided into three parts;

(i) the Project Feasibility Report;

(ii) the Project Impact Report, and

(iii) the Social Impact Management Plan.

(6) The Social Impact Management Plan listing the ameliorative measures required to be undertaken for addressing the impact of the project under sub-section (6) of Section 4 shall be submitted in FORM-IV along with the SIA report to the Commissioner, Rehabilitation & Resettlement.

(7) The SIA Report and the Social Impact Management Plan shall be made available in the Telugu language to the concerned Gram Panchayat, Mandal Parishad, Municipality or Municipal Corporation, at village level or ward level in the affected areas and in the Offices of the District Collector, the Sub-Divisional Officer and Tahsildar. It shall also be published by way of a public notice by affixing at some conspicuous places in the affected areas and shall be uploaded on the website of the State Government and the revenue district concerned.

7. Institutional support and facilitation for Social Impact Assessment.- The State SIA Unit shall undertake the following tasks namely:-

(a) build and continuously expand a State Database of Qualified SIA Resource Partners and Practitioners, which will serve as a network of individuals and institutions with the required skills and capacities to conduct SIAs for land acquisition and Rehabilitation and Resettlement;

(b) respond immediately to the State Government or District Collector's request for an SIA to be conducted by preparing a project-specific Terms of Reference (herein after referred to as ToR);

(c) conduct training and capacity building programmes for the SIA 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 SIA process;

(e) ensure that the transaction based web-based work-flow for SIAs and MIS for land acquisition and Rehabilitation and Resettlement as specified in rule 16 is maintained and that all relevant documents are disclosed as per the provisions of the Act;

(f) maintain, catalogue of all SIAs and associated primary material; and

(g) continuously review, evaluate and strengthen the quality of SIAs and the capacities available to conduct them across the State.

8. Project-specific Terms of Reference (ToR) and Processing Fee for the SIA.- (1) The District Collector after depositing of estimated cost of acquisition by the requiring body and such other verification as may be required shall send a proposal for such land acquisition along with all the relevant documents to the Commissioner, Rehabilitation & Resettlement, who shall-

(a) prepare a detailed project-specific ToR for each proposal of land acquisition, listing all the activities that must 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 deliver ables for the SIA as detailed in Part-B of FORM-II to these rules;

(b) determine estimated SIA fee based on the ToR with clear break-up of costs for each item or activity. The fee amount shall be based on defined parameters including area, type of project and number of affected families.

(2) Ten per cent of the SIA fee shall be allocated to SIA Unit as administrative expenses for preparing the Terms of Reference (ToR) and estimated SIA fee report.

(3) The Requiring Body shall deposit the SIA fee in the Scheduled Bank account of the appropriate Government.

9. Selection of the SIA team.- (1) The Commissioner, Rehabilitation & Resettlement shall select the SIA team for each project from the individuals and institutions registered or empanelled in the State Database of Qualified SIA Resource Partners and Practitioners.

(2) The Requiring Body shall not be involved in any way in the appointment of the SIA team being appointed to carry out the SIA.

(3) The size and selection criteria for the SIA team shall be as per the project-specific ToR developed by the State SIA Unit.

(4) The SIA team may be constituted by appointing individuals or an organization with experience in conducting SIAs or related field-based assessments and the team may include-

(i) a combination of independent practitioners, qualified social activists, academics, technical experts, who are not directly connected with the requiring body; and

(ii) at least one woman member;

(5) A team leader shall be appointed from amongst the SIA team to liaison with the State SIA Unit throughout the assessment period.

(6) While selecting the SIA team, it is to be ensured that there is no conflict of interest involving the team members appointed to assess the concerned project.

(7) If at any stage, it is found that any team member or any family member of the team member directly or indirectly receives any benefit from the Requiring Body or any other stakeholder in the project, the said member shall be disqualified.

10. Process of conducting the Social Impact Assessment.- (1) The SIA team shall collect and analyze a range of quantitative and qualitative data, undertake detailed site visits, use participatory methods such as focused group discussions, participatory rural appraisal techniques and informant interviews in preparing the Social Impact Assessment report.

(2) All relevant project reports and feasibility studies shall be made available to the SIA team throughout the SIA process, as required. Any request for information from SIA team shall be met at the earliest but not exceeding seven days. The District Collector shall be responsible for providing the information requisitioned by the SIA team.

(3) A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the SIA team. The assessment shall determine the following, namely:-

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

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

(c) the land proposed for acquisition is the bare minimum required;

(d) possible alternative sites for the project and their feasibility;

(e) whether the land proposed for acquisition is irrigated multi-cropped land and if so, whether the acquisition is a demonstrable last resort;

(f) land, if any, already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project;

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

(h) 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;

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

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

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

(4) Based on the land assessment, land records and field verification, the SIA team shall provide an accurate estimate of the number of affected families and the number of displaced families among them and ensure that, as far as possible, all affected families are enumerated:

Provided that where enumeration is not possible, a representative sample shall be done.

(5) A socio-economic and cultural profile of the affected area must be prepared, based on available data and statistics, field visits and consultations as per FORM-III:

Provided that in projects where resettlement is required, the identified resettlement sites shall be visited and a brief socio-economic profile of the land and its current resident population shall be indicated.

(6) Based on the data collected in processes listed above and in consultation with the affected communities and key stakeholders, the SIA team shall identify and assess the nature, extent and intensity of the positive and negative social impacts associated with the proposed project and land acquisition as per Form-III.

(7) The SIA process includes the preparation of a Social Impact Management Plan (SIMP), which will present the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment. The SIA team must assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities. The Social Impact Management Plan(SIMP) shall include the following measures-

(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 will undertake in the project proposal and other relevant project documents; and

(c) that additional measures being undertaken by the Requiring Body, which have been undertaken by it in response to the findings of the SIA process and public hearings.

(8) The SIA team must provide a conclusive assessment of the balance and distribution of the adverse social impacts and social costs and benefits of the proposed project and land acquisition, including the mitigation measures, and provide an assessment as to whether the benefits from the proposed project exceed the social costs and adverse social impacts that are likely to be experienced by the affected families or even after the proposed mitigation measures, the affected families remained at risk of being economically or socially worse, as a result of the said land acquisition and resettlement.

11. Process for conducting public hearings.- (1) Public hearings shall be held in the affected areas to bring out the main findings of the SIA, seeking feedback on the findings and to seek additional information and views for incorporating the same in the final documents.

(2) Public hearings shall be conducted in all Gram Sabhas where members are directly or indirectly affected by the acquisition of the land.

(3) The date and venue of the public hearing must be announced and publicized by the State SIA Unit with assistance of Collector one week affixed at some conspicuous places in all the villages where the land is proposed to be acquired through direct communication with Gram Panchayat or Municipal Ward representatives and by uploading the information on the official website of the concerned district.

(4) The draft SIA report and Social Impact Management Plan shall be published in the telugu language one week prior to the public hearing and distributed to all the affected Gram Panchayats and Municipal offices. One copy of the draft report shall be made available in the Offices of the District Collector, Sub-Divisional Magistrate and Tahsildar concerned. The Requiring Body may also be served with a copy of the draft report. Adequate copies of the report and summaries shall be made available on the day of the public hearing.

(5) A member of the SIA team shall facilitate the public hearing. The concerned Tahsildar, MPDO and Station House Officer of respective police station shall also be present in the public hearing to assist the SIA team. The Gram Panchayat or Municipal Ward representatives shall also be involved in all the decisions regarding the arrangements for the public hearings in their respective areas.

(6) All the proceedings shall be held in the telugu language with effective and credible translators to ensure that all the participants could understand and express their views.

(7) Representatives from the Requiring Body and Collector and Administrator shall also attend the public hearing and address the questions and concerns raised by the affected parties.

(8) Public representatives, local voluntary organizations and media shall also be invited to attend the public hearings.

(9) The proceedings of the public hearing shall be video recorded and transcribed accordingly. This recording and transcription shall be submitted along with the final SIA report and SIMP to the Collector.

(10) After the conclusion of the public hearings, the SIA team shall analyze the entire feedback received and information gathered in the public meetings and incorporate the same along with their analysis, in the revised SIA report accordingly.

(11) Every objection raised in the public meeting shall be recorded and the SIA team shall ensure that the every objection shall be considered in the SIA report.

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.- (1)The Expert Group constituted under sub-section (I) of section 7 of the Act shall evaluate the SIA report and shall make its recommendation to that effect within a period of two months from the date of its constitution

(2)The recommendations of the Expert Group shall be made available in the telugu language to the concerned Gram Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, at village level or ward level in the affected areas and in the Offices of the District Collector, the Sub-Divisional Magistrate and the Tahsildar and shall be uploaded on the website of the State Government and the District concerned.

15. Consideration of the Social Impact Assessment report, recommendations of the Expert Group etc.- (1) appropriate Government shall examine the Social Impact Assessment report, the recommendations of the Expert Group, if any, and decide such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.

(2) The decision of the appropriate Government under sub-Rule (1) shall be made available in the telugu language to the concerned Grama Panchayat, Mandal Parishad, Municipality or Municipal Corporation, as the case may be, at village level or ward level in the affected areas and in the Offices of the District Collector, the Sub-Divisional Magistrate and the Tahsildar and shall be uploaded on the website of the appropriate Government concerned.

(3) Before taking a decision under Sub Rule (1) the appropriate Government shall ensure that consent is obtained the cases where such consent is required as per the provisions of Sub Section 2 of Section 2 read with Section 41(3). Rules 16 to 20 of the Central Rules shall be followed for obtaining consent. Part-A and B of Form-V shall be used for the purpose of obtaining consent under Section of 41(3).

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.- (1) After conclusion of the social impact assessment study and consent of the affected persons or Gram Sabha, as the case may be, when it appears to the appropriate Government that land is required or likely to be required in any area for any public purpose, a preliminary notification shall be issued in Form VI.

(2) The preliminary notification shall be published in the manner provided in section 11 of the Act.

(3) A copy of the notification shall be affixed at conspicuous places in the affected areas and shall also be informed to the public by beat of Tom-tom and shall be published in Andhra Pradesh State Gazzette.

(4) After issuing the preliminary notification, the Collector shall ensure completion of the exercise of updating land records within a period of two months as specified here under:-

(a) Delete the entries of dead 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 mortgage in the land records;

(e) Delete the entries of mortgage in case the lending agency issues letter towards full payment of loans taken;

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

(g) Make necessary entries in case of the Government land;

(h) Make necessary entries in respect of assets in the land like 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 entries or up-dating in respect of land acquisition, rehabilitation and resettlement.

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.- (1) The Collector shall issue a notice in Form-VI(B) and after hearing all objections and making enquiry as provided under Section 15(2) shall submit a report along with his recommendations on the objections to the District Collector for decision.

(2) The decision of the District Collector shall be final.

22. Preparation of Rehabilitation and Resettlement Scheme and Public Hearing.- (1) On publication of the preliminary notification under Sub-section(1) of Section 11 by the appropriate Government, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families within a period of two months from the date of publication of such preliminary notification.

(2) In the survey conducted and the census of the affected families so undertaken by the Administrator, he shall collect the data based on the SIA report as well as collect the data from the secondary sources such as Panchayat and Government records and verify that data by door visit of the affected families and by site visits in case of infrastructure in the affected area.

(3) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall in addition to the particulars mentioned in the sub-section (2) of section 16, contain the following:

(i) List of likely to be displaced families;

(ii) List of infrastructure in the affected area;

(iii) List of land holdings in the affected area;

(iv) List of trades/business in the affected area;

(v) List of landless people in the affected area;

(vi) List of persons belonging to disadvantageous groups like persons belonging to Scheduled Castes or Scheduled Tribes, handicapped persons in the affected area;

(vii) List of landless agricultural labourers in the affected area;

(viii) List of unemployed youth in the affected area.

(4) The Administrator shall prepare comprehensive and detailed draft Rehabilitation and Resettlement Scheme and give wide publicity in the affected area.

(5) The Administrator or an officer authorized by him shall conduct a public hearing in the affected areas on such date, time and venue as decided by giving advance notice of fifteen days. The provisions of rule 11 relating to the public hearing shall, mutatis mutandis, apply to the public hearing in this case also.

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.- (1) Upon receipt of a report of the Collector as provided under sub-section(2) of section 15 and after examination and taking a decision on the objections, a declaration for acquisition of the land under subsection( (1) of section 19 of the Act along with the summary of the Rehabilitation and Resettlement Scheme shall be made by the appropriate Government in Form VII. However, no such declaration shall be made unless the requiring body has deposited an amount in full towards the cost of acquisition of the land.

(2)The said declaration shall be published in the manner prescribed under section 19 (4) and also in the affected areas by way of affixing a copy of the declaration in Telugu language at conspicuous places in the Panchayat, Mandal, Municipality or Municipal Corporation, as the case may be, under which the affected area falls.

26. Land Acquisition Award.- (1) The Collector after enquiry into and disposal of the objections, if any, raised by the interested persons in pursuance of the public notice published and given under sub-section (1) of section 21, shall make land acquisition Award under section 23 of the Act in Form IX.
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.- (1) The compensation shall be calculated as per the provisions laid down under section 26 to section 30 read with the First Schedule of the Act and paid to all parties whose land or other immovable property or assets attached to the land or building have been acquired. The multiplication factor under item (2) of the First Schedule for rural areas shall be 1.25 other than scheduled areas and 1.50 for scheduled (tribal) areas subject to any further notification as may be notified by Government.

(2) The one-time grant to artisans, small traders and others under item (8) of second schedule of Act shall be Twenty Five Thousand Rupees.

(3) The manner in which fishing rights shall be allowed to affected families in cases of irrigation or hydel projects under item (9) of second schedule of Act shall be notified by fisheries department in consultation with irrigation department.

(4) The payment of compensation shall be made expeditiously through account payee cheques/electronic mail transfer.

(5) Where any excess amount is proved to have been paid to any person as a result of the correction made in an award under sub-section (1) of section 33 and such person refuses to refund the said excess amount paid to him, then such amount shall be recovered as an arrear of land revenue invoking the provisions of Revenue Recovery Act, 1864. Such proceedings shall be initiated within three years from the date on which the excess amount is found to have been paid.

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-

(a) To conduct a survey and undertake a census of the affected families in the manner and within time as provided under these rules;

(b) To prepare a draft Rehabilitation and Resettlement Scheme;

(c) To publish the draft scheme by the mode provided under these Rules;

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

(e) To organize and conduct public hearings on the draft scheme;

(f) To provide an opportunity to the Requiring Body to make suggestions and comments on the draft scheme;

(g) To submit the draft scheme to the Collector;

(h) To publish the approved Rehabilitation and Resettlement Scheme in the affected area;

(i) To help and assist the Collector in preparing the Rehabilitation and Resettlement award;

(j) To monitor and supervise the implementation of the Rehabilitation award;

(k) To assist in post-implementation audit of Rehabilitation and Resettlement, and

(l) Any other work required to be done for Rehabilitation and Resettlement.

31. Rehabilitation and Resettlement Committee at Project Level.- (1) The appropriate Government shall under Section 45(1) and (2) constitute a Rehabilitation and Resettlement Committee at project level to monitor and review the progress and implementation of the Rehabilitation and Resettlement Scheme and to carry out post implementation social audits in consultation with the Gram Sabha in concerned Grama Panchayat in the rural area and Municipality or Municipal Corporation, as the case may be, in the urban area.

(2) The Committee shall have its first meeting when a draft Rehabilitation and Resettlement Scheme has been prepared by the Administrator. The Committee shall discuss the scheme and make suggestions and recommendations. Thereafter, the Committee shall meet and review and monitor the progress of Rehabilitation and Resettlement once in a month till the process of rehabilitation and resettlement is completed. For the purpose of carrying out the post-implementation social audits, the Committee shall meet once in three months. The Committee may visit the affected area and discuss with the affected families if it so desires and also visit the resettlement area to monitor the resettlement process.

(3) The members of the Committee shall get travelling and daily allowance at the rate admissible to the class I Officers of the State Government.

32. Procedure of State Monitoring Committee for Rehabilitation and Resettlement and Allowances of the experts associated with it.- (1) The State Monitoring Committee constituted under Section 50(1) and (2) shall have its first meeting for review and monitoring the implementation of the Rehabilitation and Resettlement Schemes for the projects within a month of the publication of the said approved Schemes by the Commissioner of the Rehabilitation and Resettlement under section 18. Thereafter, the meetings of the Committee shall be held once in three months to review and monitor the implementation of the rehabilitation and resettlement schemes.

(2) The experts associated with the State Monitoring Committee shall be paid an amount of rupees one thousand as sitting fee and travelling and daily allowance at the rate admissible to the Class-I rank Officers of the State Government for journeys outside headquarter.

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.- (1)The salaries, allowances and conditions of service of the Registrar and other Officers and employees of the Land Acquisition , Rehabilitation and Resettlement Authority constituted by the State Government Under Section 51 shall be the same as applicable to the officers and employees of similar grades working in the Judicial Department of the State Government.

(2) The salaries and allowances of the Presiding Officer of the Authority shall be the same as applicable to a District Judge working in the State.

CHAPTER VII

Miscelleneous

34. Reconveyance of Land to the Original Land Owner.- (1) Where any land acquired under the Act remains unutilized for a period of five years from the date of taking over the possession by the requiring body, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank by issuing a notice to the Requiring Body for whom the land was acquired and by giving an opportunity of being heard and by passing necessary written order by the District Collector in this behalf.

(2) After passing the written order as above the District Collector shall take the possession of the acquired land for the purpose of returning the same to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank.

(3) If the Requiring Body does not handover possession of the said land to the Collector, Collector shall be competent to take the help of Executive Magistrate and police force to take the possession by giving prior notice to the Requiring Body.

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 Acquisition

From:

Name and/or Designation of the Requiring Body

To:

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 faithfully

Requiring Body

Appendix-I

Name of the project:-

(1) Name of the Village-

(2) Name of the Mandal-

(3) Name of the Municipality/Municipal Corporation-

(4) Name of the District-

(5) Sy. Nos. to be acquired-

(6) Accurate extent of the land proposed for acquisition in each Survey Number (connected field map is attached)

(7) Total area under requisition (in acres/ Sq.Yards)-

(8) Classification of the lands proposed for acquisition

(9) Boundaries of the area to be acquired-

East -

West -

North -

South -

(10) Area of the agricultural and irrigated multi-cropped land

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

...........................................................................

...........................................................................

.............................................................................

(12) Details of buildings and other structures, tanks, wells, trees, etc.,

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

Requiring Body

Appendix-II

Name 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 Body

Appendix-III

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

Name of the project:-

Certified that : -

(1) 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.

(2) The estimated cost of the project is of Rs. .......... and necessary budget was sanctioned and funds are available towards the cost of acquisition. The funds will be deposited as and when required.

(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/District Collector.

Requiring Body

Form-II

Part-A

Notification of the SIA

[See sub-rule (2) of rule 6]

The Notification of the SIA must include:

(i) Name of project developer, a brief description of the proposed project and the extent of the lands proposed for acquisition, the project area and the affected areas to be covered by the SIA

(ii) The main objectives of the SIA and key activities including (a) consultations (b) survey (c) public hearing/s.

(iii) If consent of Gram Sabhas and/or land owners is required, the notification must state this.

(iv) The timeline for the SIA and the final deliver-ables (SIA Report and SIMP) along with the manner of their disclosure must be specified

(v) Statement that any attempt at coercion or threat during this period will render the exercise null and void.

(vi) Contact information of the State SIA Unit

Form-II

Part-B.

[See Sub-rule (1)(a) of rule-8]

Terms of Reference and Processing Fee for the SIA

The State SIA Unit will review the proposal for land acquisition sent by the Appropriate Government and produce a project-specific Terms of Reference (ToR) and budget. Based on the ToR and budget, a processing fee will be determined, which must be deposited by the Requiring Body before the notification of the SIA can be issued. The ToR shall include the following information:

(i) A brief description of the project, project area and the extent of lands proposed for acquisition

(ii) The objectives of the SIA and all the activities that must be carried out by the SIA team

(iii) Sequencing, schedule and deadlines for deliver-ables with dates for the SIA 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

(iv) The appropriate size and profile of the SIA team required (including field surveyors, if needed) to conduct the SIA for the specific project

(v) A project-specific budget based on the ToR, with a clear break-up of costs for each item/activity

(vi) The schedule for the disbursement of funds to the SIA team tied to clearly-defined deliver-ables in the SIA process

(vii) The processing fee will be determined based on the ToR and budget developed for each specific project and will be based on the type, size, location, and sensitivity of the project and the land proposed for acquisition

(viii) Information regarding the processing fee bands and the cost for separate components/line items must be made consistent and easily accessible, so that the Requiring Body can factor this into its costs in advance. These rates must be reviewed and revised from time to time.

(ix) A fixed proportion of the fee will go towards meeting the costs of the State SIA Unit

Form III

[See Sub-rule(4) of rule-6]

Social Impact Assessment Report

I Part-A: List of socio-economic and cultural parameters to be covered by the SIA

1. Demographic details of the population in the project area

• Age, sex, caste, religion
• Literacy, health and nutritional status

2. 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 movements

3. 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 security

4. Local economic activities

• Formal and informal, local industries
• Access to credit
• Wage rates
• Specific livelihood activities women are involved in

5. 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 associations

6. 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 women

II 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 alternatives

1. Impacts on physical resources

- Impacts on natural resources, soil, air, water, forests

- Pressures on land and common property natural resources for livelihoods

2. 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 elderly

4. 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 women

5. 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 site

6. Operation phase

- Reduction in employment opportunities compared to the construction phase

- Economic benefits of the project

- Benefits on new infrastructure

- New patterns of social organisation

7. De-commissioning phase

- Loss of economic opportunities

- Environmental degradation and its impact on livelihoods

8. 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 area

9. 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 Mapping

10. 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

Form IV

[See Sub-rule(6) of Rule-6]

Social Impact Management Plan

(a) Approach to mitigation

(b) Measures to avoid, mitigate and compensate impact

(c) Measures that are included in the terms of R&R and compensation as outlined in the Act

(d) Measures that the Requiring Body has stated it will introduce in the Project Proposal

(e) Additional measures that the Requiring Body has stated it will undertake in response to the findings of the SIA process and public hearings

(f) The SIMP must include a description of institutional structures and key person responsible for each mitigation measure and timelines and costs for each activity

Form -V

Part-A

[See sub rule(3) of rule 15]

Prior Written Consent or Declaration Form

Details of the Person Concerned

1. Name of the person(s) as per section 3(1)(i)& (v) of the Act:
2. Name of the spouse:
3. Name of father/ mother:
4. Address:
5. Village
6. Gram Panchayat/Municipality/Township:
7. Mandal
8. District:
9. Name of other members in the family with age: (including children and adult dependents)
10. Sy.Nos/Plot No. & Extent of land owned:
11. Sy.Nos/Plot No. & Extent under Acquisition:
12. R.O.R IB-Patta No./ Regd.Document Number:
13. Disputed lands, if any
14. Purchase/lease/grant, if any
15. Any other right, if any:
16. Regarding the acquisition of my land by the government, I wish to state the following: (please circle one of the below):

I have read/read out the contents of this consent form and explained to me in Telugu language and

I do not agree to this acquisition/ I agree to this acquisition.

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

17. The terms and conditions, Rehabilitation and Resettlement, compensation and other measures committed by the Requiring Body have been explained in telugu language.(These terms and conditions must be attached to the Form).

Date and Signature of designated
district official receiving the signed form

It is a crime under law to threaten any person or to cause them any harm, if they refuse to consent or if they choose to state that they don not consent on this Form. This includes any threat or act that causes them to loss money, that hurts them physically or that results in harm to their family. If any such threat has been made this Form is null and void.

Form - V

Part - B

[See sub-rule (3) of rule 15]

Format for Gram Sabha Resolution

We, the undersigned members of the Gram Sabha of .................................................... within ................................................................. panchayat of ................................................... Mandal in ..................................................................... district wishes to state that the following certification is based on the information supplied by the administration and officials. If this information is incomplete or incorrect or if any consent has been obtained through any use of threats, fraud or misrepresentation, it is null and void. On this basis, this Gram Sabha hereby certifies that it Consents / Refuses To Consent to the proposed ............................................................................................... project, which will involve:

acquisition of .............................................. acres of private land.

transfer of .............................................. acres of government land to the project.

transfer of .............................................. acres of forest land to the project.

The terms and conditions of compensation, rehabilitation and re-settlements benefits and social impact mitigation measures agreed to by the Requiring Body (state the name) are attached.

The Gram Sabha also states that any consent is subject to all of its residents receiving title to all of their individual and community rights over forests and forest lands, including their titles for forest land that they have been cultivating, ownership titles for all forms of minor forest produce that they use, and titles to protect and manage their community forests. [Note: This will have to be certified by this Gram Sabha separately.

Date and signatures/thumb
impressions of Gram Sabha members

Date and Signature of designated
district officer on receipt of the Resolution

Form No-VI (A)

[under Section 11 (1) of the Act, 30 of 2013 read with Sub Rule (1) of Rule 19]

Preliminary Notification

Rc. No. .................................

Dated .............................

Whereas it appears to the District Collector ........................................................... that the lands specified in the schedule below are needed for a public purpose, to wit, for ......................................................., notice to that effect is hereby given to all to whom it may concern in accordance with the provisions of Section-11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013).

Social Impact Assessment Study was carried out by the State Social Impact Assessment Unit and a report submitted. The summary of the Social Impact Assessment report is as follows ................................................................................................................................................................................................................

A total number of ............................................................................................... families are likely to be displaced due to land acquisition.

The reasons necessitating such displacement are given below :

.............................................................................................................................

.............................................................................................................................

.............................................................................................................................

The Joint Collector is appointed as Administrator vide Notification issued in G.O.Ms.No. ......................... Dated ..................... under Section-43(1) of the Act for the purpose of rehabilitation and resettlement of the affected families.

* [And whereas it has become necessary to acquire immediate possession of the land / lands specified in the Schedule below, the undersigned, hereby, directs that the land / lands be acquired under the provisions of Section 40 of the Act.] *

Now, therefore, in exercise of the powers conferred under Section-12 of the Act, the District Collector ...................................................................... hereby, designates the Sub-Collector / Revenue Divisional Officer/ Spl. Dy. Collector, his staff and workmen to exercise the powers conferred under the above said section.

* [Under Sub section (4) of Section 40 of the said Act, the District Collector -- ----------------- , Andhra Pradesh State hereby directs that the Social Impact Assessment Study under section 4 of the Act shall be exempted .....................................................................................................................................................................................................].

Under section 11(4) of the Act, no person shall make any transaction or cause any transaction of land ie, sale / purchase etc. or create any encumbrances on such land from the date of this notification without the prior approval of the Collector.

Objections to the acquisition, if any, may be filed by the person(s) interested within

60 (sixty) days from the date of publication of this Notification as provided under Section-15 of the Act before the Collector.

District Collector

Place :

.....................District.

Date :

* Strike off when urgency clause is not going to be invoked u/s 40.

Schedule

Mandal .....................................................................

Village ...................................

Copy to the Tahsildar(s) concerned.

Copy to the Sub Registrar(s), concerned.

Form No. VI (B)

[under Section 15(2) of the Act read with Rule 21]

Notice

Rc. No. ................................

Dated ............

Notice is hereby given that the land specified in the appended schedule and situated in the village of ........................................................... in the Mandal ..................................................................... in the District of ....................................... is needed or is likely to be needed in accordance with the notification under Section-11(1) of the Act published by the District Collector at page .................... of part I of the Andhra Pradesh Gazette, dated ......................... All persons interested in the land are accordingly required to lodge their objections before ........................................................................................................................................................................................................... within sixty (60) days from the date of publication of the above notification a statement in writing of their objection ........................................................... ,if any, to the acquisition of the said land.

Any objection statement which is received after the due date or which does not clearly explain the nature of the senders interest in ............................................................................................................... the lands is liable to be summarily rejected.

Objections received within the due date, if any, will be enquired into on .............................................................. at ............................................................................... when .................................................................. the objectors will be at liberty to appear in person or by Advocate and to adduce any oral or documentary evidence in support of their objections.

Schedule

Collector

Place :

Date :

Form No - VII

[under Section-19 (1) of the Act read with sub Rule (1) of Rule 25]

Declaration

Rc. No. ..............................

Dated ..............

Whereas it appears to the District Collector ........................................................................................................ that a total extent of Acs. ........................................................... of land is required in the Village ...................................... Mandal .............................................. District ...................................... for a public purpose viz. ............................................................. the District Collector having been satisfied that the land / lands specified in the schedule below has / have to be acquired for public purpose, after having heard the objections of the persons interested and after due enquiry as provided U/s 15 of the Act 30 of 2013 and that the Requiring Body viz. .................................................... has deposited the amount in full towards the cost of acquisition of the lands, the following Declaration is made under section 19 (1) of the Act 30 of 2013 (Central Act 30 of 2013).

Declaration

Under Section 19 (1) of the Act 30 of 2013 (Central Act 30 of 2013), the District Collector ..................................................... district, hereby, declares that the land / lands specified in the Schedule below and measuring .............................................. acres; be the same a little more or less, is / are needed for a public purpose, to wit for ............................................................

Schedule

Mandal ...................................

Village ....................................

A plan of the land / lands is kept in the Office of the Collector .................................................. and may be inspected on any working day during Office hours.

The number of families likely to be rehabilitated and resettled due to land acquisition is ........................................................... for whom the Resettlement Area is identified. The details of the Resettlement Area are as follows

A summary of the Rehabilitation and Resettlement Scheme is appended.

Mines of coal, iron-stone, slate or other minerals lying under the said land or any particular portion of the said land, except such parts of the mines and minerals which may be required to be dug or removed or used during the construction phase of the project for the purpose of which the land is being acquired are not needed.

District Collector

Place :

Date :

............................District.

Form VIII

[See rule-24]

Format for Development Plan under R&R scheme for SC/ST families displaced due to land acquisition

Form IX

[See rule-26 read with Sections 23 & 30 of the Act (30 of 2013)]

Land Acquisition Award

Land Acquisition case No:

If under Section 40(1), the number and date of the order of Government or the District Collector, as the case may be, giving authority to do so.

Date:

Signature

Form X

[See rule-27 and 2nd Schedule of the Act]

Award for Rehabilitation and Resettlement

Land Acquisition case No:

If under section 40(1), the number and date of the order of government giving authority to do so.

Date: Signature