The document outlines rules established by the Government of Telangana regarding land acquisition and rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It defines key terms, establishes procedures for requisition of land and social impact assessment studies, and notes that land acquisition can only proceed after requiring bodies deposit necessary administrative, assessment, and rehabilitation costs. It also allows for exemption from social impact assessment under urgent situations defined in the Act.
The Land Acquisition Act 1894 establishes the process by which governments in India can acquire private land for public purposes. Some key points:
1) The Act allows governments to acquire land for "public purpose," which is broadly defined to include development projects, educational/housing schemes, and locating public offices.
2) There is a process for preliminary investigation, declaration of intended acquisition, objections from landowners, enquiry into claims and awards, and taking possession of the land.
3) Landowners can reference higher courts if disagreeing with the compensation awarded, and courts cannot award lower compensation than what the Collector determined.
4) The Act also covers temporary land occupation, acquisition for companies, payment procedures,
The land acquisition process begins with the issuing department requesting the collector to initiate acquisition proceedings for a specified public purpose. The collector then issues a section 4 notification and permits surveys. They will ask how the department wants to acquire - through private negotiations or compulsory process. If compulsory, the commissioner issues sections 5 and 6 notifications. The collector assesses claims, holds an inquiry, and issues an award within 2 years. Affected parties can object and refer disputes to court. Compensation is based on market value on the date of preliminary notification.
GO Ms No 75 Land Acquisition – Formulation of a Policy called “The Telangana ...bansi default
This document outlines a policy formulated by the Government of Telangana called "The Telangana State Policy for Acquisition of Land through Agreement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013". The policy provides guidelines for acquiring small parcels of critical land needed for infrastructure projects through negotiated agreement with land owners rather than compulsory acquisition, to avoid delays and litigation. It limits the use of negotiated agreements to 10 acres for irrigation/road projects, 50 acres for resettlement centers, and 75 acres for other projects. The policy establishes a negotiation committee to offer land owners a 5-25% premium on market value to reach agreement.
The Right to Information Act (RTI) was enacted in 2005 to provide citizens access to information held by public authorities and promote transparency. It allows citizens to request information from any public authority through application in writing or electronically. While most government information can be accessed, there are some exemptions like information related to national security, court proceedings, trade secrets etc. The RTI has been very effective in uncovering corruption, though some activists have faced threats and attacks while using the law.
The Supreme Court held that:
1) The Special Court established under the Special Court Act has the power to grant pardon to accused persons, as Sections 306 and 307 of the Code of Criminal Procedure apply to its proceedings.
2) There is no inconsistency or express exclusion of the Code provisions empowering the grant of pardon in the Special Court Act.
3) While some procedural provisions of the Code may not apply due to differences in the Acts, this does not negate the Special Court's power to grant pardons at its discretion.
The document discusses the concept of sanction for prosecution under Indian law. It provides definitions for key terms like public servant and discusses the legal provisions around sanction requirements. Some main points:
- Sanction is required before prosecuting a public servant to prevent vexatious/frivolous cases and protect the innocent.
- The Prevention of Corruption Act and Code of Criminal Procedure contain sanction provisions for prosecuting public servants.
- A public servant is broadly defined and can include government employees, elected officials, and others. Ministers and the Chief Minister are considered public servants.
- Sanction is typically granted by the authority that appointed the public servant, but the Governor has power to grant sanction for prosecuting
The Land Acquisition Act of 1894 governs the process of land acquisition in India. It allows the government to acquire private land for public purposes, with compensation provided to land owners.
The key aspects covered are:
1) "Public purpose" is defined in the act and includes activities like building villages, housing for poor/displaced people, schools, offices etc.
2) The acquisition process begins with a notification by the collector, followed by surveys and objections. Compensation is then determined and awarded to those with interests in the land.
3) Objections can be made within 30 days of notification. Compensation is based on market value at the time of notification. Awards can be appealed
The Land Acquisition Act 1894 establishes the process by which governments in India can acquire private land for public purposes. Some key points:
1) The Act allows governments to acquire land for "public purpose," which is broadly defined to include development projects, educational/housing schemes, and locating public offices.
2) There is a process for preliminary investigation, declaration of intended acquisition, objections from landowners, enquiry into claims and awards, and taking possession of the land.
3) Landowners can reference higher courts if disagreeing with the compensation awarded, and courts cannot award lower compensation than what the Collector determined.
4) The Act also covers temporary land occupation, acquisition for companies, payment procedures,
The land acquisition process begins with the issuing department requesting the collector to initiate acquisition proceedings for a specified public purpose. The collector then issues a section 4 notification and permits surveys. They will ask how the department wants to acquire - through private negotiations or compulsory process. If compulsory, the commissioner issues sections 5 and 6 notifications. The collector assesses claims, holds an inquiry, and issues an award within 2 years. Affected parties can object and refer disputes to court. Compensation is based on market value on the date of preliminary notification.
GO Ms No 75 Land Acquisition – Formulation of a Policy called “The Telangana ...bansi default
This document outlines a policy formulated by the Government of Telangana called "The Telangana State Policy for Acquisition of Land through Agreement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013". The policy provides guidelines for acquiring small parcels of critical land needed for infrastructure projects through negotiated agreement with land owners rather than compulsory acquisition, to avoid delays and litigation. It limits the use of negotiated agreements to 10 acres for irrigation/road projects, 50 acres for resettlement centers, and 75 acres for other projects. The policy establishes a negotiation committee to offer land owners a 5-25% premium on market value to reach agreement.
The Right to Information Act (RTI) was enacted in 2005 to provide citizens access to information held by public authorities and promote transparency. It allows citizens to request information from any public authority through application in writing or electronically. While most government information can be accessed, there are some exemptions like information related to national security, court proceedings, trade secrets etc. The RTI has been very effective in uncovering corruption, though some activists have faced threats and attacks while using the law.
The Supreme Court held that:
1) The Special Court established under the Special Court Act has the power to grant pardon to accused persons, as Sections 306 and 307 of the Code of Criminal Procedure apply to its proceedings.
2) There is no inconsistency or express exclusion of the Code provisions empowering the grant of pardon in the Special Court Act.
3) While some procedural provisions of the Code may not apply due to differences in the Acts, this does not negate the Special Court's power to grant pardons at its discretion.
The document discusses the concept of sanction for prosecution under Indian law. It provides definitions for key terms like public servant and discusses the legal provisions around sanction requirements. Some main points:
- Sanction is required before prosecuting a public servant to prevent vexatious/frivolous cases and protect the innocent.
- The Prevention of Corruption Act and Code of Criminal Procedure contain sanction provisions for prosecuting public servants.
- A public servant is broadly defined and can include government employees, elected officials, and others. Ministers and the Chief Minister are considered public servants.
- Sanction is typically granted by the authority that appointed the public servant, but the Governor has power to grant sanction for prosecuting
The Land Acquisition Act of 1894 governs the process of land acquisition in India. It allows the government to acquire private land for public purposes, with compensation provided to land owners.
The key aspects covered are:
1) "Public purpose" is defined in the act and includes activities like building villages, housing for poor/displaced people, schools, offices etc.
2) The acquisition process begins with a notification by the collector, followed by surveys and objections. Compensation is then determined and awarded to those with interests in the land.
3) Objections can be made within 30 days of notification. Compensation is based on market value at the time of notification. Awards can be appealed
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
This document discusses emergency provisions in the Indian Constitution from Articles 352 to 360. It defines national emergency, state emergency, and financial emergency. During a national emergency, the President can assume extra powers, suspend fundamental rights, and extend the term of the Lok Sabha. A state emergency allows the President to take over state administration. During a financial emergency, the President can issue financial directives and reduce salaries. The document provides examples of past emergencies in India and explains the impact of the 44th Constitutional amendment on emergency powers.
Land tribunals in Kerala were constituted under the Kerala Land Reforms Act of 1963 to adjudicate issues related to the implementation of the Act. The tribunals consist of a sole member who is a judicial officer or revenue officer not below specified ranks. Originally, the main functions of land tribunals were to determine fair rent for tenants, facilitate purchase of landlord rights by cultivating tenants, and assign kudikidappu land to eligible persons. Over time, additional functions were added regarding land assignments, tenancy rights, mortgage rights, and land ceiling limits. Land tribunals have powers equivalent to civil courts for summoning witnesses, ordering discovery, and other procedural matters needed to carry out their functions under the Act
Kerala land Revenue Manual James Adhikaram Presentations KERALA LAND CONSERVANCY ACT - BHOOSAMRAKSHANA NIYAMAM PPT from T James Joseph Adhikarathil Kottayam.
This document outlines procedures and guidelines around disclosure of information under the Right to Information Act in India. It discusses what types of information can be disclosed even after 20 years, such as those not related to security, privilege, or cabinet papers. It also describes procedures for severing exempt information, transferring applications to other public authorities, handling third party information, meeting time limits, and filing complaints to the Central Information Commission. Exempt personal information is defined as information about a government employee's performance that relates to the employer-employee relationship.
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
The document discusses India's transition from a police state under British rule, to a welfare state following independence, where the government's role shifted to focus on public welfare. It describes the concept of public service, and how right to service acts were implemented to regulate timely service delivery and increase accountability. Key aspects covered include citizens' right to timely services, appeal processes for addressing delays or rejections, and penalties for non-compliance. The focus is on ensuring responsiveness of government administration to citizen needs.
Land Acquisition is one of the most important activities when we have to start a Project, but we don't yet have an Act satisfying all sections of Society and implementable without affecting the viability of the Project
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
The document discusses land acquisition laws and procedures in India. It notes that land is acquired by the government under the Land Acquisition Act primarily for public purposes like infrastructure projects and industrialization. It outlines some of the key provisions of the Act regarding compensation paid to land owners and rehabilitation and resettlement procedures. The document also mentions some court cases related to land acquisition and complaints around inadequate compensation or delays in payments.
The document discusses Article 356 of the Indian Constitution, which allows the central government to impose President's Rule in a state, temporarily taking over state functions. It was intended to help preserve national unity but has often been misused by parties in power at the center to take over states with opposing parties in power. While meant for emergency situations, it has frequently been used for political purposes rather than constitutional breakdown. The document examines the rationale for invoking this article often and its implications for India's democratic structure.
This document summarizes the key aspects of the Commissions of Inquiry Act 1952 in India. The Act provides for the appointment of Commissions of Inquiry by the Central or State Governments to investigate matters of public importance. It grants powers to Commissions to summon witnesses, require evidence and documents, and protects statements made before a Commission from legal prosecution. The Act also establishes procedures for Commissions and defines offenses related to interfering with a Commission's work or reputation.
Appeals under Code of Civil Procedure India, 1908Shantanu Basu
This document provides an overview of appeals in the Code of Civil Procedure, 1908 in India. It discusses the definition of an appeal, the procedure for first appeals and second appeals to higher courts under the CPC. It explains what constitutes a "substantial question of law" for purposes of a second appeal. It also discusses limitations on the powers of appellate courts, such as that the High Court cannot interfere with factual findings of the lower courts. The document classifies what types of issues would and would not constitute a "substantial question of law."
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
The Right to Information Act 2005 establishes a regime of transparency in India that overrides the Official Secrets Act. It gives Indian citizens the right to access information held by public authorities. The Act defines 'information' broadly and places obligations on public authorities to proactively disclose information. It also establishes procedures for citizens to request information, appeal rejections of requests, and penalties for non-compliance. The Act aims to promote transparency and contain corruption in governance.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
1. The document discusses the KLR Act of 1963 in Kerala, which established land reforms related to ownership rights of tenants and fixing of ceilings on land holdings.
2. It outlines the various sections of the act, including those that came into force in 1964 and 1970. It also describes the objectives of the act in granting ownership rights to tenants and distributing surplus land.
3. The document provides details on exemptions to the land ceiling limits, the process for identifying excess land holdings and filing statements, serving notices, determining the extent and identity of land to be surrendered, and vesting of excess land in the government.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
- This document outlines the Subordinate Courts Act 1948 of Malaysia, which establishes and governs subordinate courts in Peninsular Malaysia, including Sessions Courts and Magistrates' Courts.
- It provides for the qualifications of Sessions Court judges and magistrates, the jurisdiction and powers of Sessions Courts and Magistrates' Courts, and various administrative aspects related to seals, summons, and records of the subordinate courts.
- The Act was first enacted in 1948 and has since been amended multiple times, with the latest amendment in 2013. It does not apply to the states of Sabah and Sarawak.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
This document discusses emergency provisions in the Indian Constitution from Articles 352 to 360. It defines national emergency, state emergency, and financial emergency. During a national emergency, the President can assume extra powers, suspend fundamental rights, and extend the term of the Lok Sabha. A state emergency allows the President to take over state administration. During a financial emergency, the President can issue financial directives and reduce salaries. The document provides examples of past emergencies in India and explains the impact of the 44th Constitutional amendment on emergency powers.
Land tribunals in Kerala were constituted under the Kerala Land Reforms Act of 1963 to adjudicate issues related to the implementation of the Act. The tribunals consist of a sole member who is a judicial officer or revenue officer not below specified ranks. Originally, the main functions of land tribunals were to determine fair rent for tenants, facilitate purchase of landlord rights by cultivating tenants, and assign kudikidappu land to eligible persons. Over time, additional functions were added regarding land assignments, tenancy rights, mortgage rights, and land ceiling limits. Land tribunals have powers equivalent to civil courts for summoning witnesses, ordering discovery, and other procedural matters needed to carry out their functions under the Act
Kerala land Revenue Manual James Adhikaram Presentations KERALA LAND CONSERVANCY ACT - BHOOSAMRAKSHANA NIYAMAM PPT from T James Joseph Adhikarathil Kottayam.
This document outlines procedures and guidelines around disclosure of information under the Right to Information Act in India. It discusses what types of information can be disclosed even after 20 years, such as those not related to security, privilege, or cabinet papers. It also describes procedures for severing exempt information, transferring applications to other public authorities, handling third party information, meeting time limits, and filing complaints to the Central Information Commission. Exempt personal information is defined as information about a government employee's performance that relates to the employer-employee relationship.
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
The document discusses India's transition from a police state under British rule, to a welfare state following independence, where the government's role shifted to focus on public welfare. It describes the concept of public service, and how right to service acts were implemented to regulate timely service delivery and increase accountability. Key aspects covered include citizens' right to timely services, appeal processes for addressing delays or rejections, and penalties for non-compliance. The focus is on ensuring responsiveness of government administration to citizen needs.
Land Acquisition is one of the most important activities when we have to start a Project, but we don't yet have an Act satisfying all sections of Society and implementable without affecting the viability of the Project
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
The document discusses land acquisition laws and procedures in India. It notes that land is acquired by the government under the Land Acquisition Act primarily for public purposes like infrastructure projects and industrialization. It outlines some of the key provisions of the Act regarding compensation paid to land owners and rehabilitation and resettlement procedures. The document also mentions some court cases related to land acquisition and complaints around inadequate compensation or delays in payments.
The document discusses Article 356 of the Indian Constitution, which allows the central government to impose President's Rule in a state, temporarily taking over state functions. It was intended to help preserve national unity but has often been misused by parties in power at the center to take over states with opposing parties in power. While meant for emergency situations, it has frequently been used for political purposes rather than constitutional breakdown. The document examines the rationale for invoking this article often and its implications for India's democratic structure.
This document summarizes the key aspects of the Commissions of Inquiry Act 1952 in India. The Act provides for the appointment of Commissions of Inquiry by the Central or State Governments to investigate matters of public importance. It grants powers to Commissions to summon witnesses, require evidence and documents, and protects statements made before a Commission from legal prosecution. The Act also establishes procedures for Commissions and defines offenses related to interfering with a Commission's work or reputation.
Appeals under Code of Civil Procedure India, 1908Shantanu Basu
This document provides an overview of appeals in the Code of Civil Procedure, 1908 in India. It discusses the definition of an appeal, the procedure for first appeals and second appeals to higher courts under the CPC. It explains what constitutes a "substantial question of law" for purposes of a second appeal. It also discusses limitations on the powers of appellate courts, such as that the High Court cannot interfere with factual findings of the lower courts. The document classifies what types of issues would and would not constitute a "substantial question of law."
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
The Right to Information Act 2005 establishes a regime of transparency in India that overrides the Official Secrets Act. It gives Indian citizens the right to access information held by public authorities. The Act defines 'information' broadly and places obligations on public authorities to proactively disclose information. It also establishes procedures for citizens to request information, appeal rejections of requests, and penalties for non-compliance. The Act aims to promote transparency and contain corruption in governance.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
1. The document discusses the KLR Act of 1963 in Kerala, which established land reforms related to ownership rights of tenants and fixing of ceilings on land holdings.
2. It outlines the various sections of the act, including those that came into force in 1964 and 1970. It also describes the objectives of the act in granting ownership rights to tenants and distributing surplus land.
3. The document provides details on exemptions to the land ceiling limits, the process for identifying excess land holdings and filing statements, serving notices, determining the extent and identity of land to be surrendered, and vesting of excess land in the government.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
- This document outlines the Subordinate Courts Act 1948 of Malaysia, which establishes and governs subordinate courts in Peninsular Malaysia, including Sessions Courts and Magistrates' Courts.
- It provides for the qualifications of Sessions Court judges and magistrates, the jurisdiction and powers of Sessions Courts and Magistrates' Courts, and various administrative aspects related to seals, summons, and records of the subordinate courts.
- The Act was first enacted in 1948 and has since been amended multiple times, with the latest amendment in 2013. It does not apply to the states of Sabah and Sarawak.
Environmental laws and rules regulations in punjab (draft)Nazakat Hussain
This document provides an overview of environmental laws and governance in Punjab, Pakistan. It discusses the legislative jurisdiction and hierarchy of legal instruments at the federal and provincial levels. For natural resources like land, forests, fisheries, wildlife, and water, the legislative authority primarily lies with the provincial assemblies, with some exceptions for federal control over issues like mining, ports, and international treaties. The roles of the executive, judiciary, and case law in environmental governance are also examined.
This document discusses highway planning and alignment in India. It provides a brief history of road development in India from ancient times to the present. It then covers the classification of highways in India based on factors like traffic volume and location. The document also outlines the major institutions involved in highway planning, design, and implementation at different government levels. Finally, it discusses the key factors that influence highway alignment, such as obligatory points, traffic needs, geometry, economics, and terrain considerations.
The document summarizes key aspects of land acquisition laws in India - the Land Acquisition Act of 1894 and its replacement, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). It notes that the 1894 Act allowed arbitrary land acquisition without proper compensation or rehabilitation. The 2013 LARR Act established stricter social and environmental safeguards for land acquisition and resettlement of affected families, but was amended in 2014 via an ordinance exempting certain projects. This sparked protests against the dilution of land rights.
This document discusses land acquisition policies and processes in India. It provides an overview of the Land Acquisition Act of 1894 and issues with it, including low compensation amounts and lack of rehabilitation provisions. It also discusses the proposed Land Acquisition, Rehabilitation and Resettlement Bill of 2011, which aims to address these issues by providing greater consent requirements, return of unused land, sharing of land appreciation, and stronger rehabilitation and resettlement provisions. The document also compares land acquisition processes internationally and provides recommendations for India such as acquiring surplus land, distributing development stocks/options to landowners, and establishing a more liberal and competitive framework.
The document discusses the 33/11 kV substation in Indiranagar, Lucknow. Key details include:
1) The substation receives power at 33kV from the main grid and contains transformers that step down the voltage to 11kV.
2) It has a total transformer capacity of 160MVA split between four transformers connected in parallel.
3) The substation contains equipment like circuit breakers, current transformers, lightning arrestors to monitor and regulate power flow.
4) Power is distributed from the substation through six 33kV feeders and multiple 11kV feeders to the surrounding Indiranagar area.
Kerala Land Settlement act 2021 -m Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 9447464502. Service available all over Kerala
This document summarizes the Kerala Tax on Paper Lotteries Act of 2005 and subsequent amendments increasing tax rates. It levies an annual tax of 17 lakh rupees for bumper lottery draws and 7 lakh rupees for other draws in Kerala. Promoters of paper lotteries must register annually with the state government by paying fees and security. The act outlines authorities to administer the tax and provisions around returns, assessments, payments, and recovery of tax amounts owed.
This presentation is from jamesadhikaram.com. James Joseph Adhikarathil, Managing Director and Chief Consultant of jamesadhikaram land matter consultancy which offers total solution to your land problems in Kerala, .James joseph Adhikarathil is Certified Trainer of both Government of India ,Certified trainer of Government of Kerala and former Deputy Collector Alappuzha. Visit us at www.jamesadhikaram.com or call mob 9447464502. Our Facebook pages - kerala laws on land , kerala land assignment , michabhoomi , pokkuvaravu , kerala resurvey , kerala land conservancy , kerala building tax , kerala certificates , thanneerthadaniyamam. our email jamesadhikaram@gmail.com
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This document outlines orders made by the Government of Telangana adapting laws related to issuing caste certificates in the newly formed state. It summarizes:
1) The Andhra Pradesh Reorganization Act allowed Telangana to adapt existing laws for facilitating their application in the new state.
2) The document adapts the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 and related rules by substituting references to Andhra Pradesh with Telangana.
3) It specifies the competent authorities at different levels (mandal, revenue division, district) authorized to issue caste, nativity and birth certificates in Telangana
This document outlines the Maharashtra Right to Public Services Act of 2015. Some key points:
- It establishes time limits for various government services that must be provided to eligible persons. Services and their time limits from different departments are listed.
- It creates a system of designated officers responsible for providing each service, as well as first and second appellate authorities to hear appeals if services are denied or delayed.
- Penalties can be imposed on designated officers or appellate authorities if they are found to have denied services without cause or failed to decide appeals in a timely manner. Repeated failures can also result in disciplinary action against designated officers.
- The act aims to encourage use of information technology to deliver services online and
The document discusses key aspects of land acquisition bills in India, including definitions, public hearings, compensation, authorities, and dispute resolution. It defines land acquisition as the process by which the government acquires private land for public purposes by paying compensation. It outlines provisions for public hearings on social impacts, determining fair compensation, appointing administrators and committees to oversee rehabilitation and resettlement, and establishing dispute resolution authorities. Unutilized acquired land must be returned to the original owner after five years.
Implementing Rules of the Local Government Code of the PhilippinesHarve Abella
This document outlines rules and regulations for implementing the Local Government Code of 1991 in the Philippines. It discusses policies around decentralization and local autonomy. It also establishes guidelines for creating, dividing, merging, and altering the boundaries of local government units (LGUs) like provinces, cities, municipalities, and barangays. Requirements are outlined for income, population, and land area needed to create or reclassify LGUs. The process involves petitions, certifications, and plebiscites.
Scheduled Castes Development Department - The Andhra Pradesh Reorganisation Act,
2014 –The Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes)
Regulation of Issue of Community Certificates Act, 1993 (Act No. 16 of 1993) and the
Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of
Community, Nativity and Date of Birth Certificate Rules, 1997 – Adaptation in the State of
Telangana and amendments to the said Act and Rules – Orders – Issued.
The acquisition of certain area at ayodhya act, 1993Leo Lukose
This document summarizes the Acquisition of Certain Area at Ayodhya Act, 1993 which was enacted by the Parliament of India. The key points are:
1) The Act provides for the acquisition of the area in Ayodhya including the disputed site of the Babri Masjid-Ram Janmabhoomi by the central government due to a long standing religious dispute over the site that affected public order.
2) It transfers the rights, title and interest in relation to the acquired area to the central government and allows the government to manage the property.
3) The Act establishes provisions for paying compensation to owners of acquired land and properties and appointing a Claims Commissioner to determine claims regarding compensation
The acquisition of certain area at ayodhya act, 1993Leo Lukose
This document is the Acquisition of Certain Area at Ayodhya Act of 1993 which allows the central government of India to acquire land in Ayodhya, including the disputed site of the Babri Masjid. It establishes that the rights, title, and interests over the acquired areas will transfer and vest in the central government. The act also establishes provisions for managing the acquired properties, determining compensation amounts for landowners, and penalties for non-compliance.
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1. 1
GOVERNMENT OF TELANGANA
ABSTRACT
Revenue Department - Land Acquisition – The Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (Act No.30/2013) – Telangana State Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,
2014 –Notification –Orders – Issued.
----------------------------------------------------------------------------------------------
REVENUE (JA&LA) DEPARTMENT
G.O.Ms.No.50 Dated: 19.12.2014.
Read the following:-
1. The Gazette of India No.40, Dt.27.09.2013 of Ministry of Law
and Justice, New Delhi.
2. The Gazette of India, Notification No.2839, Dt.19.12.2013.
3. G.O.Rt.No.115, GA (Cabinet) Dept., dt. 23-6-2014.
4. G.O.Ms.No.41, Rev (JA & LA) Dept., dt. 13-11-2014.
****
ORDER:
The following Notification will be published in the Telangana State
Extraordinary Gazette, Dt. 20-12-2014.
NOTIFICATION
Whereas, the draft rules namely “Telangana State Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Rules, 2014” were published as
required under Section 112 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act 30 of 2013) vide Telangana State
Extra-Ordinary Gazette, Part-I Dt. 13-11-2014 inviting
objections/suggestions from all the persons likely to be affected
thereby before the expiry of a period of 15 (fifteen) days from
the date on which the copies of the Gazette containing the
Notification were made available to the public.
2. And whereas, the copies of the Gazette containing the said
Notification were made available to the public on the 13th
November, 2014.
3. And whereas, the appropriate objections and the feasible suggestions
have been considered by the Government of Telangana.
4. Now, therefore, in exercise of the powers conferred by Section 109 of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), the
Government of Telangana hereby makes the following rules called
“Telangana State Right to Fair Compensation and Transparency in Land
2. 2
Acquisition, Rehabilitation and Resettlement Rules, 2014”, as required
under Section 112 of the said Act.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
B.R.MEENA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner Of Printing and Stationary (Printing Wing),
Chanchalguda, Hyderabad. (with a request to publish the
Notification in the Telangana State Extraordinary Gazette
and supply 1000 copies of the same).
The Spl. Chief Secretary & Chief Commissioner of Land Administration,
Telangana, Hyderabad.
All the Collectors in the State of Telangana
Copy to:
The P.S to Secretary to Hon’ble CM
The P.S to Dy. CM (Revenue)
The P.S. to Prl. Secretary, Revenue Department.
All the Departments of T.S. Secretariat.
SF/Sc
//FORWARDED ::BY ORDER//
SECTION OFFICER.
3. 3
(Annexure to G.O.Ms.No.50 Revenue(JA&LA) Department,
dated: 19.12.2014).
ANNEXURE-I
RULES
CHAPTER - I
General
1. Short title , extent and commencement
1. These rules may be called the Telangana State 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 Telangana.
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 (Central Act
No.30 of 2013);
(b) “Agency” means an agency appointed by the
Government/Commissioner, Rehabilitation and Resettlement to do the
Social Impact Assessment Process and prepare the Social Impact
Management Plan;
(c) “Appropriate Government” means the State Government and includes
the District Collector appointed by notification made by state
government for any extent of land to be acquired for a public
purpose within the jurisdiction of the revenue district;
(d) “Collector” means the District Collector and includes the Joint
Collector, Additional Joint Collector, Sub Collector, RDO, Special
Collector, Special Deputy Collector 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) “Gram Panchayat” means the body constituted for the local
administration of a village under section 2(17) of the Telangana State
Panchayat Raj Act, 1994 ;
4. 4
(g) “Gram Sabha” means (i) the Gram Sabha as defined under
section 6 of the Telangana State Panchayat Raj Act 1994; (ii) for
forest areas as defined under clause (g) of section 2 of the
Scheduled Tribes and other Transitional Forest Dwellers Act,
2006.
(h) URBAN AREA means area declared as Municipality or Nagarapalika or
Municipal Corporation as per Article No.243 Q of part IX A of the
Constitution of India..
(i) “Landless” means any resident of the State of the Telangana who is
major and who owns the land within the limits specified in sec.2 (3) of
the AP Assigned Lands (POT) Act, 1977 and includes any person losing
entire lands under Acquisition.
(j) “Specified Person” means State Government/Government Company
and includes Association of Persons/Trust/Society established and
registered under the relevant Acts and Societies, wholly or partially
aided/controlled by the Government.
(k) "State Government” means the Government of Telangana;
(2) All words and expressions used but not defined in these rules shall have
the meanings assigned to them in the Act.
CHAPTER II
Requisition for land Acquisition
3. Requisition for land Acquisition- (1) Any requiring body or its
representative, duly authorized, for whom land is to be acquired shall file
the Requisition to the District Collector and Commissioner, Rehabilitation &
Resettlement in Form-I appended to these rules, together with the
documents mentioned therein. In case of acquisition for Government, the
requisition shall be filed by concerned Secretary of the Department or a
person authorized by the State Government, by a general order, in this
behalf.
5. 5
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 alo.ng 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 calculate the estimated cost of
acquisition and other charges and arrive at administrative cost. The
District Collector will then inform the Requiring Body to deposit the
administrative cost in his office. Similarly the Commissioner,
Rehabilitation & Resettlement upon receiving the copy of the
requisition shall calculate the cost of carrying out Social Impact
Assessment study (processing fee) and in due course intimate to the
requiring body under intimation to the District Collector. The requiring
body shall deposit the administrative cost in the office of the District
Collector and cost of undertaking Social Impact Assessment study in
the office of Commissioner, Rehabilitation & Resettlement within the
stipulated intimated time.
(3) The requiring body shall also be required to deposit the amount
calculated for Rehabilitation and Resettlement at the appropriate time
of the displacement of affected families in the same manner. The
requiring body shall deposit the above mentioned costs within the
time stipulated by the District Collector. Further process under the Act
shall start only after depositing these costs.
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 and if such urgency falls within the
purview of sec.40 (2), the District Collector shall submit a report to the
State Government seeking permission to invoke the urgency provisions
giving cogent reasons and for exemption from undertaking social impact
6. 6
assessment study in such acquisition. The State Government shall examine
the proposal and if satisfied that urgency provisions may be resorted to,
communicate its decision to the District Collector. The District Collector
thereafter shall proceed with the acquisition in accordance with provisions
of the Act and these Rules.
6. Social Impact Assessment Study. - (1) The Government /
Commissioner, Rehabilitation & Resettlement shall be the Competent
Authority for the State Social Impact Assessment Unit to arrange to carry
out Social Impact Assessment Study.
(2)The District Collector shall, within a period of fifteen days from the date
of deposit of the processing fee for carrying the Social Impact Assessment
study by the Requiring Body, issue a notification for carrying out Social
Impact Assessment (SIA) in accordance with Part-B of FORM-II
appended to these rules. 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 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.
(3) The Social Impact Assessment 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 Social Impact Assessment Report shall be submitted in FORM-III
appended to these rules to the Commissioner, R&R 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 Social Impact Assessment Report including summaries shall be
prepared and divided into two parts;
(i) the Social Impact Assessment Report; and
(iii) the Social Impact Management Plan.
7. 7
(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 appended to
these rules to the Commissioner, R&R.
(7) The Social Impact Assessment 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 Social Impact Assessment Unit shall undertake
the following tasks namely:-
(a) build and continuously expand a State Database of Qualified Social
Impact Assessment Resource Partners and Practitioners, which will
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 State Government or District Collector’s
request for an Social Impact Assessment to be conducted by
preparing a project-specific Terms of Reference (hereinafter referred
to as ToR);
(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 workflow for Social
Impact Assessments 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 Social Impact Assessments and associated
primary material; and
8. 8
(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 Social Impact Assessment- (1) The District Collector after
depositing of administrative cost 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, which shall-
(a) prepare a detailed project-specific Terms of Reference 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 deliverables for the Social Impact Assessment
as detailed in Part-A of FORM-II appended to these rules;
(b) determine 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 defined parameters
including area, type of project and number of affected families.
(2) Ten per cent of the Social Impact Assessment fee shall be allocated to
Social Impact Assessment Unit as administrative expenses for preparing
the Terms of Reference (ToR) and estimated Social Impact Assessment
fee report.
(3) The Requiring Body shall deposit the Social Impact Assessment fee in
the Scheduled Bank account of the appropriate Government.
9. Selection of the SIA team- (1) The Commissioner, R&R shall select the
SIA team for each project from the individuals and institutions registered
or empanelled in the State Database of Qualified Social Impact
Assessment Resource Partners and Practitioners.
(2) The Requiring Body shall not be involved in any way in the
appointment of the Social Impact Assessment team being appointed to
carry out the Social Impact Assessment.
(3) The size and selection criteria for the Social Impact Assessment team
shall be as per the project-specific Terms of Reference developed by the
State Social Impact Assessment Unit.
(4) The Social Impact Assessment 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-
9. 9
(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 Social Impact
Assessment team to liaison with the State Social Impact Assessment Unit
throughout the assessment period.
(6) While selecting the Social Impact Assessment 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
Social Impact Assessment 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 Social Impact Assessment team throughout the Social
Impact Assessment process, as required. Any request for information from
Social Impact Assessment 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 Social Impact Assessment
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 Social Impact Assessment 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;
10. 10
(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
Social Impact Assessment 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 Social Impact
Assessment 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.
11. 11
(7) The Social Impact Assessment 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 Social Impact Assessment team must assess
the viability of impact mitigation and management strategies with clear
indication of costs, timelines and capacities. The Social Impact Management
Plan 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 mentioned 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
Social Impact Assessment process and public hearings.
(8) The Social Impact Assessment 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 Social
Impact Assessment, 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 the 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 Social Impact Assessment Unit with assistance of
Collector one week in advance through public notifications 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
12. 12
Ward representatives and by uploading the information on the website of the
concerned district.
(4)The draft Social Impact Assessment report and Social Impact Management
Plan shall be published in the telugu language one week prior to the public
hearing and distributed to all affected Gram Panchayats and Municipal offices.
One copy of the draft report shall be made available in the offices of the
District Collector, the SDM and the 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 Social Impact Assessment team shall facilitate the public
hearing. The concerned Tahsildar, Mandal Parishad Development Officer and
Station House Officer of respective police station shall also be present in the
public hearing to assist the Social Impact Assessment 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 District Land Acquisition
Officer 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 Social Impact Assessment report and Social Impact
Management Plan to the Collector.
(10) After the conclusion of the public hearings, the Social Impact Assessment
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 Social Impact Assessment report accordingly.
(11) Every objection raised in the public meeting shall be recorded and the
Social Impact Assessment team shall ensure that the every objection shall be
considered in its report.
13. 13
(12) Procedure/format for seeking Grama sabha consent shall be as
mentioned in the LA R&R (SIS and Consent) Rules, 2014.
12. Submission of Social Impact Assessment Report and Social
Impact Management Plan - The Social Impact Assessment Report and
Social Impact Management Plan shall be prepared in the 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
and shall be uploaded on the website of the State Government and the
district concerned.
13. Appointment of expert Group: The appropriate
government/District collector shall select an independent
multidisciplinary Expert Group duly taking the proposals of District
Collectors into consideration, for making of appraisal of Social Impact
Assessment report and Social Impact Management Plan. The expert group
shall consist two social scientists, two representatives of panchayat/
municipality/ municipal corporation/ gram sabha as the case may be,
two experts on Rehabilitation and technical expert in the subject
relating to the project. The experts may be drawn from Government
departments/NGOs/private sector but shall not include members
belonging to requiring body. The senior member shall be appointed as
Chairman of Expert Group.
14. Appraisal of Social Impact Assessment report by an Expert
Group.- (1)The Expert Group constituted under sub-section (1) of section
7 of the Act shall evaluate the Social Impact Assessment report and shall
make its recommendation to that effect within a period of two months
from the date of it’s 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.
14. 14
15. Consideration of the Social Impact Assessment report,
recommendations of the Expert Group etc - (1) The 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 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 district
concerned.
Provided that where land is sought to be acquired for the purposes
as specified in sub-section (2) of section 2, the Collector shall also
ascertain as to whether the prior consent of the affected families as
required under the proviso to sub-section(2) of section 2 has been
obtained in Form-V appended to these rules by conducting of Grama
Sabha.
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 Social Impact Assessment 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 Social
Impact Assessment 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 that may be made available to
15. 15
the Social Impact Assessment 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 District Collector
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 appended to
these rules.
(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 Telangana Gazette.
(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.
16. 16
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 Land Acquisition Officer 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 Collector, 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
Social Impact Assessment 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, discuss in the Grama Sabha or
17. 17
municipality concerned and give wide publicity in the manner prescribed in
rule 12.
(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 as 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 appended to these rules.
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, a
declaration for acquisition of the land under sub-section(1) of section 19 of
the Act along with the summary of the Rehabilitation and Resettlement
Scheme shall be made by the District Collector in FORM VII appended to
these rules. 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)
18. 18
of section 21, shall make land acquisition Award under section 23 of the
Act in FORM IX appended to these rules.
27. Rehabilitation and Resettlement Award- (1) 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 appended
to these rules and hand over family wise Awards to each affected family.
(2) Where any rehabilitation and resettlement benefit is found to have
been availed of by making false claim or through fraudulent means, it’s
value shall be liable to be recovered under sub-section (2) of section 84
and if such person refuses to refund the same, then such amount shall be
recovered as an arrear of land revenue invoking the provisions of The A.P.
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 has been acquired. R&B department shall issue guidelines
for valuation of structures including depreciation to reflect true
values in view of applicability of 100% solatium. The multiplication
factor under item(2) of the First Schedule for rural areas shall be 1.5 other
than scheduled areas and 2 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.
Provided such recovery proceedings under the said Act shall not be
19. 19
initiated, after three years, from the date on which the amount is
found to have been paid in excess.
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 in cases of
purchase by a private company through Private Negotiation with the
owner of the land shall be 2,000 acres subject to any further notification
as may be notified by Government.
30. The Government, by notification, may create District and State
Negotiation Committees for the negotiated settlements of the
compensation, which shall be in tune with Sec 107 of the Act.
31. The land acquisition shall not exceed 15% of the net present cultivable
area in the State and the limits in the districts shall be prescribed by the
District Collectors concerned as contemplated under Section 10(4) of the
Act subject to any further notification as may be notified by Government.
CHAPTER VI
Administrator and Rehabilitation and Resettlement Committee and
State Monitoring Committee
32. 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;
20. 20
(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.
33. Procedure of State Monitoring Committee for Rehabilitation
and Resettlement and Allowances of the experts associated with
it:- (1) The State Monitoring Committee, as may be constituted by the
government, 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. The Commissioner (R&R) shall be the
Member Convener.
(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.
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 the necessary written order by
21. 21
the District Collector in this behalf. The reconveyance of land to
original owner shall be subject to payment of current market
value as fixed by District Collector or Award amount received
including enhancements made by courts with 9% interest from
date of payment whichever is higher.
(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.
B.R.MEENA
PRINCIPAL SECRETARY TO GOVERNMENT
22. 22
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, R&R,
Telangana 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 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
23. 23
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) Total area under requisition (in acres/Sq.Yards)-
(7) Boundaries of the area to be acquired-
East-
West-
North –
South-
(8) Area of the agricultural and irrigated multi-cropped land
(9) Reasons for inclusion of agricultural and irrigated multi-cropped land
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(10)Details of buildings and other structures, tanks, wells, trees, etc.,
(11)Reasons for the inclusion of religious building, graveyard or tomb
etc. for acquisition, if any.
Requiring Body
24. 24
Appendix-II
Name of the project:-
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 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) in case of Government or department or local authority.
13. Reasons for delay in filing requisition, if requisition is filed after 6
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.
Requiring Body
25. 25
Appendix-III
Certificate to be furnished along with the requisition for
acquisition of land by the requiring authorities
Name of the project:-
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.
2) The estimated cost of the project is of Rs.____________________
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/District
Collector.
Requiring Body
26. 26
FORM-II
Part -A.
(See Sub-rule(1) 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 deliverables 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 deliverables 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
27. 27
FORM-II
Part-B. 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 deliverables (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
28. 28
FORM-III
Social Impact Assessment Report
(See Sub-rule(4) of rule-6)
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
29. 29
• 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
30. 30
- 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
31. 31
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
32. 32
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
1. Chapter Contents
Executive Summary - Project and public purpose
Location
-
Size and attributes of land
acquisition
-
Alternatives considered
-
Social Impacts
-
Mitigation measures
-
Assessment of social costs and
benefits
2. Detailed Project
Description
- Background of the project, including
developers background and
governance/ management structure
-
Rationale for project including
how the project fits the public
purpose criteria listed in the
Act
-
Examination of alternatives
- Phases of project construction
33. 33
- Core design features and size and type of facilities
- Need for ancillary infrastructural facilities
- Work force requirements (temporary and
permanent)
- Details of SIA/EIA if already conducted and any
technical feasibility reports
- Applicable legislations and policies
3. Team composition, - List of all team members with qualifications.
Approach, methodology Gender experts to be included in team
and schedule of the SIA - Description and rationale for the methodology and
tools used to collect information for the SIA
- Sampling methodology used
- Overview of information/data sources used.
Detailed reference must be included separately in
the forms
- Schedule of consultations with key stakeholders
and brief description of public hearings conducted.
Details of the public hearings and the specific
feedback incorporated into the Report must be
included in the forms
4. Land assessment - Describe with the help of the maps, information
from land inventories and primary sources
- Entire area of impact under the influence of the
project (not limited to land area for acquisition)
- Total land requirement for the project
- Present use of any public, unutilised land in the
vicinity of the project area
- Land (if any) already purchased, alienated, leased
or acquired, and the intended use for each plot of
land required for the project
- Quantity and location of land proposed to be
acquired for the project
- Nature, present use and classification of land and
if agricultural rand, irrigation coverage and
cropping patterns
- Size of holdings, ownership patterns, land
distribution, and number of residential houses
- Land prices and recent changes in ownership,
transfer and use of lands over the last 3 years
5. Estimation and enumeration - Estimation of the following types of families that are
(where required) of affected (a) Directly affected (own land that is proposed to be
Families and assets acquired):
- Are tenants/occupy the land proposed to be
acquired
34. 34
- The Scheduled Tribes and other traditional forest
dwellers who have lost any of their forest rights
- Depend on common property resources which will
be affected due to acquisition of land for their
livelihood
- Have been assigned land by the State Government
or the Central Government under any of its
schemes and such land is under acquisition;
- Have been residing on any land in the urban areas
for preceding three years or more prior to the
acquisition of the land
- Have depended on the land being acquired as a
primary source of livelihood for three years prior to
the acquisition
(b) Indirectly impacted by the project (not affected
directly by the acquisition of own lands)
(c) Inventory of productive assets and significant lands
6. Socio-economic and - Demographic details of the population in the
profile (affected area project area-l
and resettlement site) - Income and poverty levels
- Vulnerable groups
- Land use and livelihood
- Local economic activities
- Factors that contribute to local livelihoods
- Kinship patterns and social and cultural
organisation
- Administrative organisation
- Political organisation
- Community-based and civil society-organisations
- Regional dynamics and historical change processes
- Quality of the living environment
7. Social impacts - Framework and approach to identifying impacts
- Description of impacts at various stages of the
project cycle such as impacts on health and
livelihoods and culture. For each type of impact,
separate indication of whether it is a direct/indirect
impact, differential impacts on different categories
of affected families and where applicable
cumulative impacts
- Indicative list of impacts areas include: impacts on
land, livelihoods and income, physical resources,
private assets, public services and utilities, health,
culture and social cohesion and gender based
impacts
35. 35
8. Analysis of costs and - Final conclusions on: assessment of public
benefits and purpose, less-displacing alternatives minimum on
Recommendation requirements of land, the nature and intensity of
Acquisition social impacts, the viability of the mitigation measures
and the extent to which mitigation measures
described in the SIMP will address the full range
of social impacts and adverse social costs..
- The above analysis will use the equity principle as
a criteria of analysis for presenting a final
recommendation on whether the acquisition
should go through or not
9. References and Forms - For reference and further information
36. 36
FORM IV
Social Impact Management Plan
(See Sub-rule(2) of Rule-15)
(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
37. 37
FORM -V
PRIOR WRITTEN CONSENT OR DECLARATION FORM
(See sub rule(2) of rule 15)
S.No. Details of the Person Concerned
1. Name of the person(s) in whose name the land is registered:
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. Extent of land owned:
11. Disputed lands if any
12. Parchase/leases/grants, if any
13. Any other right, if any:
14. 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:
38. 38
FORM VI
(See Sub-rule(1) of rule-19
and Section-11(1) of the Act-30/2013)
Government of Telangana
Revenue (LA) Department
or
Collector/Joint Collector / Special Collector (LA) / SDC (LA)
Preliminary Notification
No. Dated.
Whereas it appears to the Government of Telangana/Collector that a total
of________ acres land is required in the
__________________Village________________ Mandal _____________________
District for public purpose, namely,___________________________________
Social Impact Assessment Study was carried out by state SIA Unit and a report
submitted. The summary of the Social Impact Assessment Report is as follows:
_______________________________________________________________________
____________________________________________________________________A
total _________families are likely to be displaced due to the land acquisition. The
reason necessitating such displacement is given below. Joint Collector/Additional Joint
Collector is appointed as Administrator for the purpose of rehabilitation and
resettlement of the affected families. Therefore it is notified that for
the above said project in the _____________________________ Village of
___________________ Mandal _______________________District a piece of land
measuring, more or less ___________acres viz, ___________ hectare of standard
measurement, whose detail description is as following, is under acquisition:
Sl.No. Survey
No.
Type of
Title
Type of
Land
Area under
Acquisition
(in acre)
Name &
Address of
person
interested
Boundaries
N. S. E. W.
39. 39
Trees
Variety Number
Structures
Type Plinty area
This notification is made under the provisions of Section-11(1) of The Right to
Fair Compensation and Transparency in Land acquisition, Rehabilitation and
Resettlement Act, 2013 (Act no.30/2013), to all whom it may concern.
A plan of the land may be inspected in the office of the District Collector
& -------------------------- on any working day during the working hours. The
Government of Telangana / Collector-cum-Appropriate Government is pleased to
authorize Officer _____________and his staff___________ to enter upon and survey
land, take levels of any land, dig or bore into the sub-soil & do all other acts
required for the proper execution of their work as provided and specified in section-
12 of the said Act.
Under section 11(4) of the Act, no person shall make any transaction or
cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances
on such land from the date of publication of such notification without prior
approval of the Collector.
Objections to the acquisition, if any, may be filed by the person interested
within 60 (sixty days) from the date of publication of this notification as provided
under section 15 of the Act before District Collector.
Since the land is urgently required for the project falling within the purview
of sec.40(2), the State Government has decided to not carry out the Social Impact
Assessment Study, vide G.O.Ms.No._______,________ Department, dated_________.
Place:
Date: District Collector
40. 40
FORM VII
(See Sub-rule(1) of rule-25
and Section-19(1) of the Act-30/2013)
Government of Telangana
Revenue (LA) Department
or
Collector/Joint Collector / Special Collector (LA) / SDC (LA)
Declaration
No: Dated.
Whereas it appears to the Government of Telangana /Collector that a
total of _________acres land is required in the Village
___________________Mandal _______________District _____________for public
purpose, namely, _____________________________________________
Therefore declaration is made that a piece of land measuring, more or less
…… acres viz; ............. hectares of standard measurement under acquisition for
the above said project in the Village ……………. Mandal …………………. District--------
-------------- whose detailed description is as following:
Trees
Variety Number
Structures
Type Plinty area
This declaration is made after hearing of objections of persons interested and
due enquiry as provided u/s 15 of the Act No-30/2013. The number of families likely to
be resettled due to Land Acquisition is ... ... for whom Resettlement area has
been identified, whose brief description is as following:-
Village____________ Mandal ______________ District-------------------------
Area ------------------ acres.
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.
Sl.
no.
Survey
no.
Type of
Title
Type of
Land
Area under
Acquisition
(in acre)
Name &
Address of
person
interested
Boundaries
N. S. E. W.
41. 41
A plan of the land may be inspected in the office of the Land Acquisition Officer
& -------------------------- on any working day.
A summary of the Rehabilitation and Resettlement Scheme is appended.
District Collector
42. 42
FORM VIII
(See rule-24)
Format for Development Plan under R&R scheme for SC/ST families
displaced due to land acquisition
Sl.
No.
Name of
the
Claimant
/ family
head
Permanent
Address
Entitlements Remarks
1. Land up to one acre for
agricultural, horticultural, cattle
grazing field per family shall be
provided.
2. Provision of dwelling housing
unit per family, Drinking Water
facility toilette etc.,
3. One time financial assistance
of Rs. One lakh fifty thousand
per family shall be given.
4. For landless laborers
employment shall be provided
under MNREGA and any other
job providing scheme,
5. Skill development through
different training programs for
the youth of affected family.
6. Subsistence grant for displaced
family allowance equivalent to
Rs Three thousand per month
for a year should be granted
from the date of award.
7. For cattle shed and petty shop
each effected family shall be
provided minimum Rupees
twenty five thousand.
43. 43
FORM IX
(See rule-26
and section 23 & 30 of the Act 30 of 2013)
Land Acquisition Award
Land Acquisition case No:
1. Name of the Project -
2. Number and date of declaration under which the land is to be acquired
3. Situation and extent of the land in acres, the number of field plots on the
survey map, the village in which situated with the number of mile plan if any.
4. Description of the land, i.e., whether fallow, cultivated, homestead, etc. If
cultivated, how cultivated?
5. Names of persons interested in the land and the nature of their respective
interests.
6. Amount allowed for the land itself, without trees, buildings etc., if any
7. Amount allowed out of such sum as compensation for the tenants interest in
the land.
8. Basis of calculation:
9. Amount allowed for trees, houses or any other immovable things.
10. Amount allowed for crops.
11. Additional compensation on the market value under section 30(3)
12. Damages under section 28 of Act 30 of 2013
13. Solatium u/s 30(1)
14. Award under section 23 and 30 of Act 30 of 2013
15. Particulars of abatement of Government Revenue, or of the capitalized value
paid, the date from which the abatement takes effect.
16. Apportionment of
the amount of
compensation.
Serial No. Name of
claimants
Amount
payable
to each
Bank
A/c
No.
Remarks
Area (in Acre)
17. Date on which possession was taken u/s. 38(1) & 40(1) of Act of 30/2013.
If u/s. 40(1) the number and date of the order of government giving
authority to do so.
Date: Signature
44. 44
FORM X
(See rule-27 and 2nd
Schedule of the Act)
Award for Rehabilitation and Resettlement
Land Acquisition case No:
1. Name of the Project -
2. Number and date of declaration under which the land is to be acquired
3. Situation and extent of the land in acres, the number of field plots on the survey
map, the village in which situated with the number of mile plan if any.
4. Description of the housing units, transportation cost, housing allowances, annuity,
employment subsistence grant, cattle shed, petty shop, one time resettlement
allowances etc.
5. Name/ Names of persons interested in the land and the nature of their respective
claim for rehabilitation and resettlement.
6. Apportionment
of the amount
of
compensation
Area (in acres.)
Sl.
No.
Name of
claimants
/ affected
family
R & R entitlements Bank
A/c.
No.
Amount
payableto
each
Non
monetary
entitlemen
ts
Remarks
House to be
allotted
Land to be
allotted
Fishing rights
Annuity
Employment
transportation
cost,
Housing
allowances,
Annuity
Employment
Subsistence
grant
Cattle shed,
45. 45
Petty shop,
One time
resettlement
allowances
One time
resettlement
allowances
7. Date on which R& R entitlements given to the affected family.
8. Basis of calculation:
9. Amount allowed for trees, houses or any other immovable things.
10. Amount allowed for crops.
11. Additional compensation on the market value under section 30(3)
12. Damages under section 28 of Act 30 of 2013
13. Solatium u/s 30(1)
14. Award under section 23 and 30 of Act 30 of 2013
15. Particulars of abatement of Government Revenue, or of the capitalized value paid,
the date from which the abatement takes effect.
Apportionment of
the amount of
compensation.
Serial
No.
Name of claimants Amount
payable
to each
Bank
A/c. No.
Remarks
Area (in Acre)
16. Date on which possession was taken u/s. 38(1) & 40(1) of Act of 30/2013.
If u/s. 40(1), the number and date of the order of government giving
authority to do so.
Date: Signature
46. 46
FORM XI
(Under third schedule of Act-30/2013)
Format for Provision of Infrastructural Amenities under R and R scheme
for families displaced due to Land Acquisition
Sl.No. Components Details of infra-
structure amenities
1. Roads
2. Drainage
3. Drinking water
4. Drinking water for cattle
5. Grazing land
6. Fair Price Shops
7. Panchayat buildings
8. Post Offices
9. Fertilizer storage
10. Irrigation facilities
11. Transport facilities
12. Burial or cremation ground
13. Toilet points
14. Electric connections
15. Nutritional services
16. Schools
17. Sub-health centre
18. Primary Health Centre
19. Play ground
20. Community centre
21. Places of worship
22. Separate land for tribal institutions
23. Timber forest produce
24. Security arrangements
25. Veterinary services
Signature