Transcript केआरए-पुनर्वसन

REHABILITATION CELL
RELIEF & REHABILITATION DEPT
(SCOPE, ACT & PROVISIONS)
ACT AND POLICIES FOR REHABILITATION OF PROJECT
AFFECTED PERSONS IN MAHARASHTRA
1) The Maharashtra Project Affected Persons Rehabilitation Act 1976
2) The Maharashtra Project Affected Persons Rehabilitation Act 1986
3) The Maharashtra Project Affected Persons Rehabilitation Act 1999
4)National Rehabilitation Policy 2003 and various Government Resolutions
issued in 2006.
5) National Rehabilitation Policy 2007
6) The Right to Fair Compensation, Transparency in Land Acquisition,
Rehabilitation & Resettlement Act- 2013
FIELD LEVEL ADMINISTRATIVE SYSTEM FOR
REHABILITATION UNDER 1999 REHAB ACT
• Divisional Commissioner as Chief Rehabilitation Controller
• Collector as District Rehabilitation Administrator
• District Rehabilitation Officer in each District.
• Grievance Redressal Authority for Redressal of Grievances related to
Rehabilitation, centre for Nagpur & Amravati division at Nagpur, for Aurangabad
& Nashik at Aurangabad & for Pune & Kokan division at Pune .
PROVISION OF CIVIL AMENITIES UNDER THE MAHARASHTRA
PROJECT AFFECTED PERSONS REHABILITATION ACT 1976 & 1986
1.Water Supply Scehme
9. Land for Cattle stand
2. School with playground
10. Land for Pick-up shed for
3. Chavdi or Samaj Mandir
Maharashtra State Road Transport
4. Internal & Approach roads
Coporation bus services
5. Electric supply
6. Cremation or, as the case may
11.Land for threshing floor, that to
say, Khalwadi, where required
12.Pasture land (if Government
be, burial ground
land is available)
7. Open built-up gutters
13. Land for market and future
8. Public latrines
expansion of Gaothan
PROVISION OF CIVIL AMENITIES UNDER THE MAHARASHTRA
PROJECT AFFECTED PERSONS REHABILITATION ACT 1999
1.Water Supply Scheme
2. School with playground
3. Chavdi or Samaj Mandir
4. Internal & Approach roads
5. Electric supply
6. Cremation or, as the case may
be, burial ground
7. Open built-up gutters
8. Individual toilet & Public
latrines if necessary
9. Land for Cattle stand
10. Land for Pick-up shed for
ST bus services
11.Land for threshing floor, that to say,
Khalwadi, where required
12.Pasture land (if Government land is
available)
13. Land for market and future
expansion of Gaothan
14. Gram panchayat ghar
15. Land for societies registered for
public cause
16. Land for playground
17. Approach road for agricultural
land.
18. Street light & Three phase
connection if required.
PROVISION OF CIVIL AMENITIES UNDER THE
NATIONAL REHABILITATION POLICY 2007
1.Roads,
2.Public Transport,
3. Drainage
4. Sanitation
5. Safe Drinking Water
6. Drinking Water for cattle.
7. Community pond.
8. Grazing land.
9. Land for fodder.
10. Social forestry.
11. Grampanchayat.
12. Fair price shop.
13. Cooperative Socities.
14. Post office.
15. Fertilizers storage.
16. Irrigation
17. Electricity.
18. Health Centre.
19. Child & Mother
nutritional services.
20. Children play ground.
21. Community centre.
22. Training centre.
23. Schools.
24. Worship Place.
25. Land for tribal
institution.
26. Cremation ground.
THE RIGHT TO FAIR COMPENSATION, TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION & RESETTLEMENT
ACT - 2013
Provisions related to Rehabilitation
MAIN PROVISIONS OF CENTRAL ACT 2013
1) No acquisition of multi cropped irrigated lands except as a last resort, or for
linear projects, within prescribed limits, with Compensatory land or funds for
agriculture. Scheduled areas also discouraged
2) Part acquisition for private company, or even purchase by company beyond set
limit would attract R&R provisions for entire area
3) Displacement for private companies only where 80% of the affected families
consent
4) Displacement for public private partnership only where 70% of the affected
families consent
5) Land for land – only in irrigation projects, where possible, and 1 acre for land
owners (2.5 for ST/SC)
6) Market value of land – higher of either as registered or actual paid in adjoining
area.
MAIN PROVISIONS OF CENTRAL ACT 2013
7) Subsistence allowance at Rs. 3000 per month per family for 12 months;
8) The affected families shall be entitled to:(a) Where jobs are created through
the project, mandatory employment for one member per affected family or (b)
Rupees 5 lakhs per family; or (c)Rupees 2000 per month per family as annuity
for 20 years, with appropriate index for inflation;
9)The option of availing (a) or (b) or (c) shall be that of the affected family
10) If a house is lost in rural areas, a constructed house shall be provided as per
the Indira Awas Yojana specifications. If a house is lost in urban areas, a
constructed house shall be provided, which will be not less than 50 sq mts in
plinth area.
MAIN PROVISIONS OF CENTRAL ACT 2013
11) In either case the equivalent cost of the house may also be provided in lieu of the
house as per the preference of the project affected family;
12)Rs. 50,000 for transportation; A one-time “Resettlement Allowance” of Rs 50,000;
13) Double displacement: additional compensation of 75%
14) Where land is acquired for urbanisation, 20% of the developed land for land owning
PAF, in proportion to their land acquired and at a price equal to cost of acquisition and
the cost of development
15) In case the project affected family wishes to avail of this offer, an equivalent
amount will be deducted from the land acquisition compensation package payable.
16) An acquiring Company may offer shares limited to 25% of the Compensation
amount . Option with PAF, equivalent amount deducted from compensation package.
COMPENSATION PACKAGE FOR SCs/STs
1) One time financial assistance of Rs. 50,000 per family;
2) Families settled outside the district shall be entitled to an additional
25% R&R benefits;
3) Payment of one third of the compensation amount at very outset;
4) Preference in relocation and resettlement in area in same compact
block;
5) Free land for community and social gatherings;
6) In case of displacement, a Development Plan is to be prepared.
MISCELLANIOUS PROVISIONS
1) No Change of Purpose: No change from the purposes specified in the
Land Use Plan submitted at the time of land acquisition will be allowed.
2) Change of Ownership: No change of ownership without specific
permission of Appropriate Government is allowed
3) Land not Used: Land that is not used within 5 years in accordance with
the purposes for which it was acquired at the time of acquisition, shall be
transferred to the State Government's Land Bank OR to the original land
owner
4) Sharing appreciated value: Upon every transfer of land without
development, 40% of the appreciated land value shall be mandatorily shared
with the original owner whose land has been acquired
5) Income Tax Exemption: All amounts accruing under this act have been
exempted from Income tax and from Stamp duty.
RETROSPCTIVE PROVISIONS OF THIS ACT TO BE
ENFORCED UNDER FOLLWING CASES
1)Where no award under Section 11 of the 1894 Act has been made, the new
law will apply with regard to compensation;
2) Where an award has been made but the affected individuals have not
accepted compensation or have not yet given up possession, and the
proceedings have been pending for 5 years or more, provisions of the new law
will apply.
3) Where a majority of individuals in an affected area have not received
compensation then the new law will apply.
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Rehabilitation and Resettlement (R&R)
1999 Act- Other Criteria
included
 Not less than 5% priority quota
for employment of nominees of
affected person in class III and
IV category of services under
2013 Act- Other Criteria
Included
 R & R rate to be increased
taking in to account rise in price
index
 State Govt Departments
 Public sector undertaking
 Local Self Government
 Government
aided
Institutions
and cooperative societies
7/7/2015
Rehabilitation and Resettlement (R&R)
15
1999 Act- R & R
Procedure
2013 Act- R & R Procedure
 Appointment of administrator for R&
R for each project
 District Collector as Deputy
Director R&R
 Where land acquisition is more than
100 acres R & R committee under
the Chairmanship of Collector.
 Appointment of Commissioner for
R& R for supervising formulation of
 Divisional Commissioner as R
& R Controller
R& R schemes and plan and post
implementation social audit
7/7/2015
Rehabilitation and Resettlement (R&R)
16
1999 Act- R & R
Procedure(c0ntd)
2013 Act- R & R Procedure
(c0ntd)
 Establishment of National Monitoring
Committee and State Monitoring
Committee at Central and State
 Aspect not included
Level respectively
 Establishment of Land Acquisition, R&
R Authority for speedy disposal of
disputes
 Rehabilitation Authority for R& R
related
to
LA,
compensation, R& R
package
7/7/2015
PROVISION OF CIVIC AMENITIES UNDER 2013 ACT
1) Roads within the resettled villages &
approach road.
2) Proper drainage & Sanitation plan
execution.
3) Assured sources of safe drinking water
for each families.
4) Drinking water for cattle.
5) Grazing land as per norm.
6) Adequate no. of fair price shops.
7) Appropriate Panchayat Ghars.
8) Post office.
9) Seed cum Fertilizers storage facility.
10) Basic irrigation facility for agricultural
land allotted to resettled families.
11) Suitable Transport facilities.
12) Burial or Cremation ground.
13) Sanitation facility at individual toilet
points.
14) Individual single electric connection
15) Aanganwadis providing nutritional service.
16) School as per provisions of act 2009.
17) Subhealth centre within 2 k.m. range.
18) Primary Health Centre as per GOI Norms.
19) Playground for children.
20) One community centre for every 100
families.
21) Worship place/Community assembly
place.
22) Separate land for Traditional, Tribal
institution.
23) Forest Rights to forest dweller families.
24) Security arrangement for settlement.
25) Veterinary service centres as per norms
THANKS