Section 31 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 View Chapter 5

Rehabilitation and Resettlement Award for affected families by Collector


   (1)  The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.

   (2)  The Rehabilitation and Resettlement Award shall include all of the following, namely:—

       (a)  rehabilitation and resettlement amount payable to the family;

       (b)  bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;

       (c)  particulars of house site and house to be allotted, in case of displaced families;

       (d)  particulars of land allotted to the displaced families;

       (e)  particulars of one time subsistence allowance and transportation allowance in case of displaced families;

       (f)  particulars of payment for cattle shed and petty shops;

       (g)  particulars of one-time amount to artisans and small traders;

       (h)  d etails of mandatory employment to be provided to the members of the affected families;

       (i)  particulars of any fishing rights that may be involved;

       (j)  particulars of annuity and other entitlements to be provided;

       (k)  particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided:

   Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable”:

   Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index.

STATE AMENDMENT

Andhra Pradesh

   In the Principal Act, after section 31, the following section shall be inserted, namely:-

   “31A.  Payment of Lump sum amount by State Government:–Notwithstanding anything contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it shall be competent for the state Government to pay such lumpsum about as may be prescribed in the rules in lieu of Rehabilitation.”

   Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.”

   [Vide.—Andhra Pradesh Act 22 of 2018, sec. 7 (w.e.f. 1-1-2014).]

Maharashtra

   After section 31 of the principal Act, the following section shall be inserted, namely:-

   “31A.  Payment of lump sum amount by State Government for its linear nature projects.– Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay, whenever the land is to be acquired for its own use amounting to less than one hundred acres or whenever the land is to be acquired in case of projects which are linear in nature as referred to the proviso to sub-section (4) of section 10, as Rehabilitation and Resettlement cost, such lump sum amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the affected families.”

   [Vide.—Maharashtra Act 37 of 2018, sec. 6 (26-4-2018).]