Act 2013 - Department of Land Resources

Sec.2lTHE GAZETTE OF INDIA EXTRAORDINARY2t(8) The resettlement areas predominantly inhabited by the Scheduled Castes and theScheduled Tribes shall get land, to such extent as may be decided by the appropriateGovernment free ofcost for community and social gath€rings.(9) Anv alienation of tribal lands or lands belonging to members of the ScheduledCastes in disregard ofthe laws and regulations for the time being in force shall be treated asnulland void. and in the case ofacquisition ofsuch lands, the rehabilitation and resenlementbenefits shall be made available to the original tribal land owners or land owners belongingto the Scheduled Castes.( /0) The affected Scheduled Tribes. other traditional forest dwellers and the ScheduledCastes having fishing rights in a river or pond or dam in the aflected area shall be givenfishing rights in the reservoir area ofthe inigation or hydel projects.( //) Where the affected families belonging to the Scheduled Castes and the ScheduledTribes are relocated outside ofthe district. then. they shall be paid an additional twenty-fiveper cent. rehabilitation and resettlement benefits to which they are entitled in monetaryterms along with a one-tinle entitlement offifty thousand rupees.42. (l\ All benefits, including the reservation benefits available to the ScheduledTribes and the Scheduled Casres in the affected areas shall continue in the resettlement area.(2) Whenever the affected families belonging to rhe Scheduled Tribes who are residingin the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in theSixth Schedule to the Constitution are relocated outside those areas, than, all the statutorysafeguards. ent itlements and benefits being enjoyed by them under th is Act shall be extendedto the area to which they are resettled regardless ofwhether the resettlment area is a scheduledArea rel'erred to in the said Fifth Schedule. or a tribal area referred to in the said SixthSchedule. or not.Reservalionand olherbenelilsI ,Jl 2(rrr7(J) Where the community rights have been settled under the provisions ofthe Scheduled'tribes and Other Traditional Forest Dwellers (Recognition ofForest Rights) Act, 2006. thesame shall be quantified in monetary amounr and be paid to the individual concemed rvhohas been displaced due to the acquisition of land in proportion with his share in suchcornnrunity rights.CHAPTER VIPROCEDIjRE AND MANNI:R oF REIIABILITATIoN AND RESET-ILEMENI43. (/) Where the appropriate Govemment is satisfied that there is likely ro beinvoluntary displacement ofpersons due to acquisition ofland, then, the State Governmentshall, by notification. appoint in respect ofthat project. an officer not below the rank ofJointcollector or Additional colleclor or Deputy Collector or equivalenl official of RevenueDepartment ro be the Administrator for Rehabilitation and Resettlement.Ap poin tmen tofAdninistralor.(2) The Administrator shall, with a view ro enable him to function efficiently and romeet the special time-frame, be provided with such powers, duties and responsibilities asrnay be prescribed by the appropriate Government and provided with office infrastructureand be assisted by such ollicers and employees who shall be subordinate to him as theappropriate Govemment may decide.(J) Subjecr to the superintendence, directions and control of the appropriateGovernment and the Commissioner for Rehabilitation and Resenlement, the {ormulation,cxecution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in theAdminisrrator.4t. (,1) The Stare Govemment shall appoinr an oflicer ofthe rank ofCommissioner orSecrelary ofthat Govemment for rehabilitation and resettlement ofaffected families underthis Act, to be called the Commissioncr for Rehabilitation and Resettlemenr.Commrssion€rforrchabilitationandr€seltlement.