[ 47 ]

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT

No. 7736/DRDM/B1/2015.

Puducherry, the 10th February 2016.

NOTIFICATION

The following draft of certain rules, which the Lieutenant-Governor

of the Union territory of Puducherry proposes to make in exercise of

the powers conferred by sub-section (2) of section 109 of the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (30 of 2013) is hereby published, as required

by section 112 of the said Act, for the information of all persons likely

to be affected thereby; and notice is hereby given that the said Draft Rules

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PART - II

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No.

Poudouchéry Jeudi

Fevrier

2016

No.

Puducherry

Thursday

11th

February

2016

( 22 Magha 1937 )

LA GAZETTE DE L'ETAT

[PART–II

shall be taken into consideration after the expiry of a period of thirty

days from the date of publication in the Official Gazette of Puducherry.

2. Objection or suggestion which may be received from any person

with respect to the said Draft Rules within the period so specified shall

be considered by the Government of Puducherry.

3. Objections or suggestions, if any, may be sent to the Special

Secretary (Revenue), Department of Revenue and Disaster Management,

Saram, Puducherry - 605 013.

Dr. S. SUNDARAVADIVELU, I.A.S.,

Special Secretary (Revenue).

————

DRAFT RULES

CHAPTER – I

General

1. Short title, extent and commencement.—(1) These rules may

be called, ‘the Puducherry Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Rules, 2015’.

(2) They extend to the whole of the Union territory of

Puducherry.

(3) They shall come into force on and from the date of their

final publication in the Official Gazette.

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

requires,–

(a) “Aadhaar Number”, means a 12-digit unique identification

number generated and issued to an individual by the Unique

Identification Authority of India (UIDAI) after de-duplication of

demographic and biometric information pertaining to that individual;

(b) “Act” means the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (No. 30 of 2013);

Government under sub-section (1) of section 43 of the Act;

(d) “Authority” means the Land Acquisition, Rehabilitation and

Resettlement Authority established by the Union Territory Government

under sub-section (1) of section 51;

PART–II]

LA GAZETTE DE L'ETAT

(e) “Collector” includes the District Collector, Sub/Deputy

Collector of the concerned Revenue Sub-Division or an officer

designated by the Government to perform all or any of the functions

of the Collector under the Act;

(f) “Commissioner” means the Commissioner of Rehabilitation

and Resettlement appointed by the Government;

(g) “Consent-based Aadhaar authentication service” means

electronic authentication carried out by the Unique Identification

Authority of India (UIDAI), or agencies appointed by it after matching

the biometric information of an individual at his request or with his

consent, with the information maintained by the UIDAI in its own

central servers and includes a 'Yes/No' response or a response

containing the demographic information and photograph of that

individual;

(h) “EIAS” means a study to be undertaken by the Department/

Agency appointed by the Government;

(i) “Form” means the Forms appended to these rules;

(j) “Government” means the Government of Union territory of

Puducherry.

(k) “Landless” means a person who owns no land or who holds

a total extent of less than half hectare of land of dry or a total extent

of quarter hectare of wet, irrigated or garden land as defined in the

Puducherry Land Grant Rules, 1975.

(l) “Section” means section of the Act;

(m) “SIA” means Social Impact Assessment;

(n) “Social Impact Assessment” means an assessment study

being made under sub-section (1) of section 4 of the Act;

(o) “Social Impact Management Plan” means the plan prepared

as part of Social Impact Assessment Study under sub-section (6) of

section 4 of the Act;

(p) “SIA Unit” means a Department or an agency appointed

by the Government to carry out the Social Impact Assessment Study

and prepare Social Impact Management Plan;

LA GAZETTE DE L'ETAT

[PART–II

(2) Words and expressions used and not defined in these rules,

but, defined in the Act, shall have the meanings respectively assigned

to them in the Act.

CHAPTER – II

Requisition of Land Acquisition

3. Requisition for Land Acquisition.— (1) Any Requiring Body

or its representative duly authorised by it for whom land is to be

acquired, shall after approval of the Government, submit a requisition

to the concerned Collector in Form-I together with the following

documents, as the case may be:

(i) Detailed project report;

(ii) Sanction letter of project;

(iii) Three copies of Record of Rights and revenue maps of the

affected areas;

(iv) Information about the classification of land that is irrigated,

multi-cropped, single cropped, waste land, etc.;

(v) Land Plan and schedule;

(vi) Details of Agricultural and irrigated multi-cropped lands

with Adangal copies;

(vii) Clearance from the Commissioner, Hindu Religious

Institutions in the event of acquisition of temple land;

(viii) Fund Availability Certificate; and

(ix) Approval of Government for invoking urgency provision

and/or exempting SIA.

(2) In case of acquisition for Government, the request shall be

filed by an officer not below the rank of Head of the concerned

Department with the approval of the Administrative Secretary concerned.

(3) If the requisition includes irrigated multi-cropped and/or

agricultural land, the Collector shall constitute a team of officers

consisting of officers from Revenue Department, Agriculture Department,

Forest Department, Ground Water Authority, Town and Country Planning

Department or any other Department as the Collector deems necessary

PART–II]

LA GAZETTE DE L'ETAT

to visit the spot along with the representatives of Requiring Body to

make a preliminary enquiry regarding–

(a) Availability of waste or arid land;

(b) Correctness of the particulars furnished in the request under

sub-rule (1) of rule 3;

(c ) Bare minimum land required for the project; and

(d) Whether the request is consistent with the provisions of

the Act.

(4) The team shall submit a report to the Collector comprising

of the following, namely,–

(a) That the proposed acquisition of land serves public

purpose;

(b) That the extent of land proposed for acquisition is the

absolute bare minimum needed for the purpose/project;

considered and found not feasible;

(d) That there is no sufficient/suitable unutilised land which has

been previously acquired in the area;

(e) That the land, if any, acquired earlier and remained

unutilised, may be used for such public purpose;

(f) That the requisition is consistent or contrary to the

provisions contained in section 10/other provisions of the Act; and

(g) The recommendations of the team.

(4) If the Collector, based on the report of the team, other

information available with him and instructions issued by the Government

in this regard, is satisfied that the requisition is consistent with the

provisions contained in section 10, he shall pass a speaking order to

this effect. If he is not satisfied that the requisition is consistent with

the said provisions, he shall record the reasons in writing and return

the requisition to the Requiring Body.

(5) If the Collector is satisfied that the request is consistent

with the provisions of the Act, he shall make a preliminary estimate of

the cost of the acquisition as defined in clause (i) of section 3.

LA GAZETTE DE L'ETAT

[PART–II

4. Administrative cost for acquisition of lands.— (1) The

administrative cost in terms of paragraph (A) of sub-clause (vi) of

clause (i) of section 3 of the Act for acquisition of land for the Requiring

Body to be deposited to the Collector shall be equal to 10 per cent of

the amount of compensation subject to a maximum of ` 5 crores.

(2) The administrative cost shall be utilised for updating the land

records based on state on ground study to be undertaken by Revenue

and Survey officials like Village Assistant, Village Administrative Officer,

Tahsildar/Deputy Tahsildar, Field Surveyor, Deputy Surveyor, Field

Assistant, D'Man and Clerical Assistants.

5. Manner of depositing cost of acquisition by Requiring Body.—

The District Collector will inform the Requiring Body to deposit the

estimated cost of acquisition in his office within a period as may be

specified by him and the Requiring Body shall deposit the same within

the period specified by the District Collector without which the process

under the Act shall not continue. The Requiring Body shall deposit the

balance cost of acquisition after final estimation is prepared by the

Collector and if any excess amount is awarded by the authority or a

Competent Court, the same shall be deposited by the Requiring Body

by way of bank cheque/draft to the Collector as and when so required.

The Collector shall deposit the same in the Public Account of

Government of Puducherry under the Head of Account “8443 – Civil

Deposits, 800 – Other Deposits”.

CHAPTER – III

Social Impact Assessment

6. Acquisition under urgency provisions and exemption from

social impact assessment study.— Where any land is required to be

acquired by the Requiring Body by invoking urgency provisions under

section 40, the Collector shall submit a proposal to the Government

seeking permission to issue preliminary notification under urgency

provisions giving cogent reasons submitted by the Requiring body

therefor, approximate cost of land acquisition and or for exemption from

undertaking social impact assessment study in such acquisition. The

Government shall examine the proposal and if notified that urgency

provision may be resorted to, communicate its decision to the Collector.

The Collector thereafter shall proceed with the acquisition in accordance

with the Act and these rules.

PART–II]

LA GAZETTE DE L'ETAT

7. Social impact assessment study.— (1) The Government shall,

for the purposes of the Act, issue a notification for carrying out Social

Impact Assessment in accordance with Part A of Form-II and the same

shall be published in the affected areas in terms of sub-section (2) of

section 4 of the Act by public affixture in the Village Commune

Panchayat or Municipality concerned/Office of the District Collector,

Sub/Deputy Collector (Revenue)/Taluk Office concerned:

Provided that such notification shall be issued within a period

of thirty days from the date of deposit of the processing fee for carrying

out the Social Impact Assessment study by the Requiring Body, which

shall be determined in accordance with sub-rule (1), rule 8.

(2) The Social Impact Assessment study shall commence within

30 days from the date of issue of such notification in consultation with

Commune Panchayat/Municipality concerned as the case may be in the

affected areas for the purposes of section 4 of the Act, the proposal of

the Requiring Body shall be forwarded to the Village Panchayat/

Municipality for furnishing their concerns about the proposal. If no

feedback is received within thirty days, it will be deemed that the

consultation is over. In case of non-existence of the elected councils

in the Commune Panchayat/Municipality, the Commissioner of Commune

Panchayat/Municipality concerned, shall publish the summary of the

proposal by public affixture in his office and upload in the official

website and call for views of the public within thirty days.

(3) 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, shall be conducted by the

Social Impact Assessment Unit which shall be recorded in writing.

(4) The Social Impact Assessment report shall be submitted in

Form-III to the Government within a period of six months from the date

of its commencement and shall include the views of the affected families

recorded in writing.

(5) 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

to the Government.

LA GAZETTE DE L'ETAT

[PART–II

(6) The State Social Impact Assessment Unit notified by the

Government for the purposes of the Act shall be responsible for ensuring

that Social Impact Assessments are commissioned and conducted by

such person or Bodies other than the Requiring Body as per the

provisions of the Act.

(7) 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 SIAs for land

acquisition and rehabilitation and resettlement;

(b) Respond immediately to the Collector's request for a Social

Impact Assessment to be conducted by preparing a project-specific

terms of reference;

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 Management Information System

for land acquisition, rehabilitation and resettlement as specified in

rule 15 is maintained;

(f) Maintain catalogue of all Social Impact Assessments and

associated primary material; and

(g) Continuously review, evaluate and strengthen the quality

of Social Impact Assessments and the capacities available to

conduct them across the Union Territory.

8. Terms of Reference (ToR) and processing fee for the SIA.—

(1) Where the Government intends to acquire land, the proposal for

such land acquisition shall be sent along with all the relevant documents

to the State Social Impact Assessment Unit and it shall–

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LA GAZETTE DE L'ETAT

(a) Prepare a detailed project-specific ToR for each proposal of

land acquisition, listing all the activities that must be carried out

indicating the appropriate team size (including the 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-B of Form-II to these rules; and

(b) Determine an estimated Social Impact Assessment fee based

on the ToR with clear break-up of costs for each item or activity

the fee amount shall be based on defined parameters including

area, type of project and number of affected families.

(2) Ten percent 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 Social Impact

Assessment Report.

(3) The Requiring Body shall deposit the Social Impact

Assessment fee at the disposal of the Collector.

9. Selection of the Social Impact Assessment Team.— (1) The

State Social Impact Assessment Unit shall be responsible for selecting

the Social Impact Assessment Team for each project from the experts

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 SIA Team shall be as

per ToR developed by the State SIA Unit.

(4) The SIA team may be constituted by appointing individuals

or an organisation with experience in conducting SIAs or related field-

based assessments and the team may include (a) combination of

independent practitioners, qualified social activists, academics, technical

experts who are not directly connected with the Requiring Body; and

(b) at least one woman member.

(5) A team leader shall be appointed from amongst the SIA Team

to liaison with the State SIA Unit throughout the assessment period.

LA GAZETTE DE L'ETAT

[PART–II

(6) While selecting the SIA Team, it is to be ensured that there

is no conflict of interest involving the team members appointed to assess

the concerned project.

(7) All the team members shall be required to submit a written

declaration that he or any family member of him is not directly or

indirectly receiving any benefit from the Requiring Body or any other

stakeholder in the project and 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 apart from other

legal proceedings being initiated against him in accordance with law.

10. Process of conducting the Social Impact Assessment.— (1) The

SIA Team shall collect and analyse a range of quantitative and

qualitative data, undertake detailed site visits, use participatory methods

such as focused group discussions, participatory rural appraisal

techniques and informant interviews in preparing the Social Impact

Assessment report.

(2) All relevant project reports and feasibility studies shall be

made available to the SIA Team throughout the SIA process, as required.

Any request for information from SIA Team shall be met at the earliest

by the concerned department/agency of the Government.

(3) A detailed assessment based on a thorough analysis of all

relevant land records and data, field verification, review and comparison

with similar projects shall be conducted by the SIA Team. The assessment

shall determine the following, namely:–

(a) Area of impact under the proposed project, including both

land to be acquired and areas that will be affected by

environmental, social or other impacts of the project;

(b) Area and location of land proposed to be acquired for the

project;

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;

PART–II]

LA GAZETTE DE L'ETAT

(f) Land, if any, already purchased, leased or acquired and the

intended use for each plot of land required for the project;

(g) The possibility of use of any public or unutilised land for

the project;

(h) Nature of the land, present use and classification of the land

and if it is an agricultural land, the irrigation coverage for the said

land and the cropping pattern;

(i) Whether the special provisions with respect to food security

have been adhered to in the proposed land acquisition;

(j) Size of landholdings with ownership details;

(k) Number of residential houses, shops, public and private

infrastructure and assets affected; and

(l) Land prices in the locality, recent changes in ownership and

use of lands over the last three years.

(4) Based on the land assessment, land records and field

verification, the SIA Team shall provide an accurate estimate of the

number of affected families and the number of displaced families among

them and ensure that all affected families are enumerated :

Provided that where enumeration is not possible, a representative

sample assessment shall be done by the SIA Unit.

(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. The parameters and table of contents for

the Social Impact Assessment study and the Social Impact Management

Plan are given in Form-III :

Provided that in projects where resettlement is proposed, 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 the processes listed above

and in consultation with the affected communities and key stakeholders,

the SIA Team shall identify and assess the nature, extent and intensity

of the positive and negative social impacts associated with the proposed

project and land acquisition as per Form–III (Part–B).

LA GAZETTE DE L'ETAT

[PART–II

(7) The SIA process includes the preparation of a Social Impact

Management Plan (SIMP) in Form–IV which will present the ameliorative

measures to be undertaken to address the social impacts identified in

the course of the assessment. The SIA Team must assess the viability

of impact mitigation and management strategies with clear indication of

cost, timelines and capacities. The SIMP shall include the following

measures—

(a) That have been specified in the terms of rehabilitation and

resettlement and compensation for all the categories of affected

families as outlined in the Act;

(b) That the Requiring Body has undertaken to perform the

project proposal and other relevant project documents; and

Body in response to the findings of the SIA process and public

hearings.

(8) The Social Impact Assessment 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 risks expected to be faced by the affected families of being

economically or socially worse, as a result of the said land acquisition

and resettlement.

11. Process for conducting public hearings.— (1) Public hearing

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 where

members are directly or indirectly affected by the acquisition of the land:

(3) (i) The date and venue of the public hearing must be

announced and published three weeks in advance through public

notifications and posters in all the villages within a radius of five

kilometers of the land proposed to be acquired;

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LA GAZETTE DE L'ETAT

(ii) Advertisement in local newspapers, radio and through direct

communication with Gram Panchayat or Municipal Ward

representatives and by uploading the information on the website

of the Government may be issued.

(4) (i) The draft Social Impact Assessment report and Social

Impact Management Plan shall be published in the local language

three weeks 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 District Collector's Office.

(ii) 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. Accessible

displays and other visual shall be used to share the findings of

the Social Impact Assessment report.

(5) (i) A member of the Social Impact Assessment Team shall

facilitate the public hearing which shall be organised through the

local administration with the designated Government officers at

appropriate level.

(ii) The Gram Panchayat or Municipal Ward representatives

shall also be included in all the decisions regarding the

arrangements for the public hearings in their respective areas.

(6) All the proceedings shall be held in the local 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 designated

land acquisition and rehabilitation and resettlement functionaries shall

also attend the public hearing and address the questions and concerns

raised by the affected parties.

(8) Public representatives, local voluntary organisations 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.

LA GAZETTE DE L'ETAT

[PART–II

(10) After the conclusion of the public hearings, the Social

Impact Assessment team shall analyse 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 the Social Impact Assessment

Report.

12. Publication of SIA Report and SIMP.— The final SIA report

and the Social Impact Management Plan in local language shall be

published in the affected area by public affixture in terms of sub-section (1)

of section 6 of the Act in Village Commune Panchayat/Municipality

concerned, Offices of the District Collector, Sub/Deputy Collector

(Revenue), concerned Tahsildar and hosted in the website of the

Government. The availability of the SIA report and SIMP in various

offices shall be published in two daily newspapers circulating in the

affected area, one in English and the other in vernacular language and

hosted in the website of the Government.

13. 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 SIA report and shall make its

recommendations within a period of two months from the date of its

constitution, the Agency conducting the Social Impact Assessment study

shall attend the meetings of the Expert Group.

(2) The Government shall appoint an individual among the

members of the Expert Group as Chairperson in accordance with

sub-section (3) of section 7 of the Act.

(3) The recommendations of the Expert Group shall be published

in the local language in the affected area by public affixture in terms of

sub-section (6) of section 7 of the Act in Village Commune Panchayat/

Municipality concerned, Offices of the District Collector, Sub/Deputy

Collector (Revenue), concerned Tahsildar and hosted in the website of

the Government and the availability of the recommendations of the

Expert Group in various offices shall be published in two daily

newspapers circulating in the affected area, one in English and the other

in vernacular language and hosted in the website of the Government.

PART–II]

LA GAZETTE DE L'ETAT

14. Consideration of the Social Impact Assessment report,

recommendations of the Expert Group, etc. by the Government.—

(1) The Government shall examine the Social Impact Assessment report,

the recommendations of the Expert Group and the report of the Collector,

if any in accordance with sub-sections (1) and (2) of section 8 of the

Act.

(2) The decision of the Government under sub-rule (1) shall be

made available in the local language to the Commune Panchayat/

Municipality concerned, Offices of the District Collector, Sub/Deputy

Collector (Revenue) and shall also be published in two daily newspapers

circulating in the affected area and also by way of public affixture in a

conspicuous place in the affected area and shall also be uploaded on

the website of the Government.

15. Web-based Work Flow and Management Information System (MIS)

for Land Acquisition, Rehabilitation and Resettlement.— The Government

shall create a dedicated web page in its website that may serve as a

public platform on which the entire work flow of each acquisition case

will be hosted, beginning with the notification of the SIA and tracking

each step of decision-making, implementation and audit.

16. Inventory of waste, barren and unutilised land.— To ensure

acquisition of minimum amount of land and to facilitate the utilisation

of unutilised public lands, the Government may prepare a Revenue

village-level inventory report of waste, barren and unutilized public land

available in the Government Land Bank and that may be made available

to the SIA Team and Expert Group, the inventory report shall be updated

from time to time.

CHAPTER – IV

Notification of Acquisition

17. Publication of preliminary notification.— (1) After conclusion

of the Social Impact Assessment study, when it appears to the

Government that land is required or likely to be required in any area for

any public purpose, a preliminary notification shall be issued in Form–V

as per section 11 (1) of the Act.

(2) The date of preliminary notification in Form–V shall be the

date to be reckoned for determining the market value.

LA GAZETTE DE L'ETAT

[PART–II

(3) On publication of notification under section 11(1) in the

Gazette, the Collector shall inform the Village Commune Panchayat/

Municipality concerned to convene a special meeting and inform the

contents of notification to the members. The authorit(ies)y of the

concerned Body shall communicate the minutes of the meeting to the

Collector within seven days after the meeting in compliance of provision

under sub-section (2) of section 11 of the Act.

(4) In terms of clause (e) of sub-section (1) of section 11 of the

Act the preliminary notification shall be published as per section 11(1)

of Act and in the affected areas

(a) By way of affixing a written copy in the Village Commune

Panchayat/Municipality concerned, Offices of the District Collector,

Sub/Deputy Collector (Revenue), concerned Tahsildar, Village

Administrative Officer and Anganwadi Centres located in the

concerned area; or

(b) By giving notice thereof which may include issuing door-

to-door pamphlets; or

(d) By local announcements; or

(e) By announcements in local TV channels or the like.

That would ensure that all those in the affected area given notice

thereof.

(5) After publication of the preliminary notification under

section 11, the Collector shall ensure completion of the exercise of

updating land records as specified hereunder:–

(a) Delete the names of deceased persons;

(b) Enter the names of the legal heirs of the deceased persons;

as sale, gift, partition, etc.;

(d) Make all entries of the mortgages in the land records;

(e) Delete the entries of mortgages in case the lending agency

issues letter towards full payment of loans taken through registered

reconveyance of mortgaged property deeds;

PART–II]

LA GAZETTE DE L'ETAT

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

(g) Make necessary entries in respect of assets of the land like

buildings, trees, wells, etc;

(h) Make necessary entries of share croppers in the land;

(i) Make necessary entries of crops grown or sown and the area

of such crops; and

(j) Any other relevant entries.

(6) Disposal of objections.— (i) The Collector shall issue a

notice in Form–VI and after hearing all objections and making enquiry

as provided under sub-section (2) of section 15 shall submit a report

along with his recommendations on the objections to the Government

through the Secretary to the Revenue Department of the Government

for decision and the report of the Collector shall, inter-alia, include

sub-rule (4) of Rule 3.

(a) Assessment as to whether the proposed acquisition serves

public purpose;

(b) Whether the extent of land proposed for acquisition is the

absolute bare-minimum extent needed for the project;

considered and found not feasible;

(d) There is no unutilised land which has been previously

acquired in the area;

(e) The land, if any, acquired earlier and remained unutilised, is

used for such public purpose and make recommendations in respect

thereof;

(f) Recommendations on the objections;

(g) Record of proceedings; and

(h) Approximate cost of land acquisition in cases where Social

Impact Assessment has been exempted.

(ii) The decision of the Government on the objections made

under sub-section (2) of section 15 of the Act shall be final.

LA GAZETTE DE L'ETAT

[PART–II

CHAPTER – V

Rehabilitation and Resettlement Scheme

18. Appointment of Administrator.— The Administrator (Rehabilitation

and Resettlement) notified by the Government in terms of sub-section (1)

of section 43 of the Act shall be assisted by such officers and employees

as the Government may provide for the purpose.

19. Powers, duties and responsibilities of the Administrator.—

(1) 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 and details of livestock possessed by each affected family

in the manner and within time as provided under these rules;

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

these rules;

(d) To make the draft Scheme available to the concerned

persons and authorities;

(e) To organise and conduct public hearings on the draft

scheme;

(f) To provide an opportunity to the Requiring Body to make

suggestions and comments on the draft Scheme;

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

(h) To publish the approved Rehabilitation and Resettlement

Scheme in the affected area;

(i) To help and assist 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.

PART–II]

LA GAZETTE DE L'ETAT

(2) The Administrator may acquire adequate land for

resettlement of the affected families. Such acquisition of land shall not

cause further displacement of families.

20. Preparation of Rehabilitation and Resettlement Scheme and

public hearing.— (1) On publication of the preliminary notification

under sub-section (1) of section 11, the Administrator for Rehabilitation

and Resettlement shall himself or by out-sourcing the work to any

agency, conduct a survey and undertake a census of the affected families

within a period of three months from the date of publication of such

preliminary notification.

(2) The survey and census of the affected families shall include

the particulars mentioned in sub-section (1) of section 16 of the Act.

(3) In the survey conducted and census of the affected families

so undertaken by the Administrator, he shall collect data from the SIA

report and Government records and verify the data by door visits of the

affected families and by site visits in case of infrastructure in the affected

area.

(4) 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 of the Act, contain the following :

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

(ii) List of affected families with Aadhaar number of its members

if available;

(iii) List of displaced/ likely to be displaced families-land losers,

livelihood losers-with Aadhaar number of its members if available;

(iv) List of infrastructure in the affected area in Form–VII;

(v) List of agricultural labourers;

(vi) List of small traders, petty shop owners, artisans in the

affected area;

(vii) List of landless people residing in the area for three years

preceding the SIA study;

(viii) List of prospective youth for employment in the affected

area;

LA GAZETTE DE L'ETAT

[PART–II

(ix) List of disadvantageous group like persons belonging to

Scheduled Castes, handicapped persons in the affected area; and

(x) List of trees, buildings, other immovable property or assets

attached to the land or building which are to be acquired.

Provided that in case a person does not have an Aadhaar

number, efforts may be made to get him so enrolled, provided he gives

his consent for such enrolment and the claims of the affected families

may be facilitated by carrying out consent-based Aadhaar authentication

service.

(5) The Administrator shall prepare comprehensive and detailed

draft Rehabilitation and Resettlement Scheme and submit the same to

the Collector within six months of date of 11 (1) preliminary notification.

(6) A copy of draft Scheme shall be furnished to the

Municipality/Village Panchayat for discussion in terms of sub-section (4)

of section 16 of the Act. The Administrator shall give wide publicity to

the draft Rehabilitation and Resettlement Scheme in the affected area

through publication in the following manner namely:–

(a) In the Official Gazette;

(b) In two local daily newspapers, one in English and the other

in vernacular language circulating in the affected area;

Magistrate and Taluk/Sub-Taluks; and

(d) Uploaded in the website of the Government.

(7) The Administrator or an officer authorised by him shall

conduct a public hearing in the affected areas on such a date, time and

venue as deemed fit but not earlier than fifteen days of the publication

of the draft Scheme. The provision of rule 11 relating to the public

hearing shall, mutatis mutandis apply to the public hearing in this case

also.

(8) The Administrator shall, on completion of public hearing

submit the draft Scheme for Rehabilitation and Resettlement alongwith

a specific report on the claims and objections raised in the public

hearing, to the Collector in accordance with sub-section 6 of section 16

of the Act.

PART–II]

LA GAZETTE DE L'ETAT

(9) Thereafter, the Collector shall review the draft Scheme in

accordance with sub-section (1) of section 17 and shall submit the draft

Rehabilitation and Resettlement Scheme with his suggestions to the

Commissioner of Rehabilitation and Resettlement for approval of the

scheme in accordance with sub-section (2) of section 17 of the Act.

21. Publication of the approved Rehabilitation and Resettlement

Scheme.— (1) The Commissioner of Rehabilitation and Resettlement by

way of public notice shall publish the approved Rehabilitation and

Resettlement Scheme as finalised by him under section 18 of the Act in

two local daily newspapers, one in English and other in vernacular

language circulating in the affected area for making it known to the

general public.

(2) The copies of the approved scheme shall also be made

available in the offices of the Municipality/ Village Panchayat, District

Collector, Sub-Divisional Magistrate, concerned Tahsildar, Village

Administrative Officer and Administrator (Rehabilitation and

Resettlement) of the concerned area by public affixture and shall also

be uploaded in the website of the Government.

22. Development Plan for displaced Scheduled Cast families.—

Subject to the provisions under section 41 of the Act, in case of

displacement of Scheduled Caste families due to acquisition, a

Development Plan in Form–VIII shall be prepared by the Administrator

(Rehabilitation and Resettlement) in consultation with the affected family

and the said plan shall be read out and discussed during the public

hearing of Rehabilitation and Resettlement Scheme and finalised.

CHAPTER–VI

Declaration, Award and Compensation

23. 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 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 Government in Form–IX.

However, no such declaration shall be made unless the Requiring Body

has deposited not less than 90% of the estimated amount towards the

cost of acquisition of lands, including the amount deposited at the time

of submitting the requisition form.

LA GAZETTE DE L'ETAT

[PART–II

(2) The declaration shall be published as per section 19(4)

of Act. In the affected areas in terms of clause (e) of section 19(4) of

the Act, the declaration shall be published by way of affixing a written

copy in a prominent place in the Revenue Village concerned and in the

public offices in the said village like the Office of the Village Administrative

Officer and Anganwadi Centres.

24. Land acquisition Award— (a) 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 in Form–X and paid to all the

parties whose land or other immovable property has been acquired.

(b) In the case of any default or refusal to pay the excess

amount as referred to in sub-section (3) of section 33, the same shall be

recovered as arrears of land revenue under the provisions of the

Revenue Recovery Act, 1890 (1 of 1890) and such recovery proceedings

shall be initiated within a period of three years from the date on which

the excess amount is found to have been paid.

25. Rehabilitation and Resettlement Award.— (1) The Collector

shall make Rehabilitation and Resettlement Award in Form–XI for each

affected family as per the Rehabilitation and Resettlement Scheme in

terms of the entitlements provided in the Second Schedule of the Act

and hand over family-wise Awards to each affected family.

(2) The Collector shall also ensure provision of infrastructure

facilities to be provided for every resettlement area.

(3) The Commissioner for Rehabilitation and Resettlement shall

closely monitor the implementation of Rehabilitation and Resettlement

Scheme.

(4) Any rehabilitation and resettlement benefit availed of by

making a false claim or through fraudulent means shall be recovered as

arrears of land revenue under the provisions of the Revenue Recovery

Act, 1890 (1 of 1890).

26. Provisions relating to rehabilitation and resettlement in case

of land purchased through private negotiation.— The provisions

relating to rehabilitation and resettlement under these rules shall apply

in the cases where a specified person purchases land exceeding 50 acres

in urban and 200 acres in rural areas through private negotiations with

the owners of the land.

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER–VII

Rehabilitation and Resettlement Committee and

State Monitoring Committee

27. Rehabilitation and Resettlement Committee.— (1) Where the

land proposed to be acquired is equal to or more than one hundred acres,

the Government shall constitute a Rehabilitation and Resettlement

Committee under the Chairmanship of Collector at project level to

monitor and review the progress and implementation of the Rehabilitation

and Resettlement Scheme and to carry out post-implementation social

audit in consultation with the Village Panchayat in the rural area and

Municipality in the urban areas.

(2) The Committee shall have its first meeting when a draft

Rehabilitation and Resettlement Scheme has been prepared by the

Administrator.

(3) The Committee shall discuss the scheme and make

suggestions and recommendations. Thereafter, the Committee shall meet

and review and monitor the progress of the rehabilitation and

resettlement once in 3 months till the process of rehabilitation and

resettlement is completed.

(4) For the purpose of carrying out the post-implementation

social audits, the Committee shall meet as and when required.

(5) The Committee may visit the affected area and discuss with

the affected families if it so desires and also visit the resettlement area

to monitor the resettlement process.

(6) The non-official members of the Committee shall get

travelling and daily allowances at the rate admissible to Group 'A'

Officers of the Government.

28. State Monitoring Committee.— (1) The Government shall

constitute a State Monitoring Committee for monitoring and reviewing

the implementation of Rehabilitation and Resettlement Schemes or Plans

under the Act.

(2) The State Monitoring Committee shall have its first meeting

for reviewing and monitoring the implementation of the Rehabilitation

and Resettlement Scheme for the project within a month of the

publication of the said approved scheme by the Commissioner of the

Rehabilitation and Resettlement under section 18.

LA GAZETTE DE L'ETAT

[PART–II

(3) The meetings of the Committee shall be held once in six

months to review and monitor the implementation of the Rehabilitation

and Resettlement Scheme.

(4) The non-official members of the State Monitoring Committee

shall get travelling and daily allowance at the rate admissible to the

Group 'A' Officers of the Government.

CHAPTER–VIII

Land Acquisition, Rehabilitation and Resettlement Authority

29. Establishment of Land Acquisition, Rehabilitation and

Resettlement Authority.— (1) The Government shall establish Land

Acquisition, Rehabilitation and Resettlement Authority in all the four

regions of the Union territory of Puducherry to exercise jurisdiction,

powers and authority conferred on it by or under the Act :

Provided that till such an Authority is established, the

Government with the consent of the High Court of Judicature at Madras

may declare Courts of District Judges/Additional District Judges to act

as the Land Acquisition, Rehabilitation and Resettlement Authority.

(2) The Presiding Officer of the said authority shall be appointed

in consultation with the Hon’ble High Court of Madras by the

Government.

(3) There shall be a Registrar of the rank of Tahsildar from the

Department of Revenue and Disaster Management and other staff to be

appointed from different cadres of the Government including the

Department of Revenue and Disaster Management. The salaries and

allowances of the Registrar and other officers and employees of the said

authority shall be the same as they were getting in their parent

departments and a deputation allowance as admissible shall be paid to

them. The general conditions of service applicable to them in their

parent cadre shall mutatis mutandis be applicable while on deputation

in the said authority.

(4) The Presiding Officer of the said authority shall be paid

salary and other allowances as under:

PART–II]

LA GAZETTE DE L'ETAT

(i) Serving District Judge – as admissible to a District

Judge;

(ii) District Judge – Retired – Last Pay Drawn less Pension and

also eligible for travelling and other allowances as admissible to

the Class I Officer; and

(iii) The benefits of pension, gratuity and other retirement

benefits shall be applicable to the Presiding Officer as per the Rules

in force applicable if the Presiding Officer is a serving District

Judge.

(5) The term of office of the Presiding Officer shall be for a

period of 3 years from the date on which he enters office or until he

attains the age of sixty five years, whichever is earlier.

(6) The resignation and removal of the Presiding Officer shall

be governed by section 58 of the Act.

(7) Subject to the provisions under section 58 of the Act, the

Government shall appoint an Inquiry Officer who may be a serving or

a retired Judge of the High Court of Judicature at Madras to investigate

into misbehaviour or incapacity of the Presiding Officer and the said

Enquiry Officer shall submit his findings in the form of a report to

the Government and the decision of the Government thereon shall

be final.

30. Power of authority and recovery of rehabilitation and

resettlement benefits availed through false claims, etc.,— (1) The Land

Acquisition, Rehabilitation and Resettlement Authority shall have the

power of Civil Court in the matter when any rehabilitation and

resettlement benefit has been availed by making a false claim or through

fraudulent means. The benefits shall be liable to be recovered by the

Government as an arrear of land revenue, in case the said benefits have

been availed in terms of money, and by evicting a wrongdoer from the

land and houses if the said benefits have been availed in terms of land

and houses.

(2) The land and houses so vacated shall be used for the

rehabilitation and resettlement of the affected persons by the same

Project or for the purpose of community, as the case may be.

LA GAZETTE DE L'ETAT

[PART–II

CHAPTER–IX

Miscellaneous

31. Reversion of land to the Land Bank.— (1) Where any land

acquired under the Act remains unutilized for a period of five years from

the date of taking over possession, the same shall be returned to the

original owners or their legal heirs as the case may be, or to the Land

Bank of the Government in accordance with the provisions contained in

section 101 of the Act by issuing a notice to the Requiring Body for

whom the land was acquired and by giving opportunity of being heard

and by passing necessary written order by the Government in this behalf:

Provided :

(a) No dispute exists as to the ownership of the land;

(b) No dispute exists as to who the true legal heirs are;

section 11 is not fully utilized; and

(d) The land owners had not availed cash benefit or 'land for

land' under the Rehabilitation and Resettlement Scheme.

(2) The reversion shall be considered only as a whole in respect

of all the lands described in the notification under section 11 and not

in parts.

(3) For determining the five year period, the latest date of taking

possession of any parcel of land shall be the date of taking possession

of land and the litigation period, if any, shall be excluded for the

calculation of 5 years.

(4) The compensation paid to the erstwhile land owners

excluding solatium shall be returned by them.

(5) The owner/legal heir claiming reversion of lands shall submit

an application to the Collector within thirty days from the lapse/expiry

of five years, excluding litigation period if any from the date of taking

possession and the application shall be duly signed by all the land

owners/legal heirs.

(6) The claimant shall deposit an amount equal to 50% of the

compensation received/drawn in the form of Demand Draft in the name

of the Head of Department of the Requesting Body along with his

application after the period of five years from the date of taking

possession of the said land. The remaining 50% shall be deposited within

a period of 30 days from the date of communication of intention of

Government for returning the land.

PART–II]

LA GAZETTE DE L'ETAT

(7) The amount so refunded shall be deposited into the

consolidate fund of the Union territory of Puducherry or of the

Government of India as the case may be.

(8) The Collector shall intimate the Government by issuing a

notice to the Requiring Body for whom the land was acquired and by

giving an opportunity of being heard and seek necessary written order

from the Government in this behalf.

(9) After passing of the written order as above, the Government

may direct the Collector to take the possession of the acquired land for

the purpose of returning the same to the original owners or their legal

heirs as case may be or to the Land Bank of the Government.

(10) On receipt of the order of the Government, the Collector

shall communicate to the land owners/legal heirs, the period before which

the compensation amount received by them should be deposited for

taking back their lands.

(11) If the Requiring Body does not hand over possession of

the said land to the Collector, then the Collector as a Magistrate shall

enforce the surrender of the land to him by giving prior notice to the

requiring body.

(12) On reversion of land to the land owners (or) to their legal

heirs as the case may be, or to the land bank, the Collector shall direct

the Director of Survey to make necessary entries in the land records to

this effect.

32. Determination of market value for lands acquired under Land

Acquisition Act, 1894.— (i) The reference date for calculation of market

value under section 24(1) (a) shall be 1-1-2014 (commencement of

RFCTLARR Act, 2013)

(ii) The reference date for calculating additional market value

under section 30(3) of the Act for land acquisition proceedings initiated

under Land Acquisition Act, 1894 shall be the date of preliminary

notification i.e., the date of notification under section 4(1) of the Land

Acquisition Act, 1894.

33. 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 Government shall have powers to issue

clarifications/ directions for the purpose of removal of the difficulties.

LA GAZETTE DE L'ETAT

[PART–II

FORM – I

(See rule-3)

Request for Land Acquisition

From :

Name

Designation and address of the Requiring Body

To:

1. The District Collector

........................... District,

Union territory of Puducherry.

It is requested to acquire ............................. acre(s) of land for

....................................................... project/purpose and the details are

furnished in Annexure (Appendix I, II and III) along with three copies

of Combined Sketch (to scale) showing the lands to be acquired.

The gestation period of the project will be ............................ years

and ....................... months (applicable only if gestation period is more

than 5 years.)

Requisite cost of acquisition including cost of social impact

assessment study (SIA) is available and will be deposited in your office,

as provided under provisions of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

as and when required by you. It is certified that the land to be acquired

was demarcated on the field and all further necessary information

and assistance will be provided on the date/time appointed/

stipulated by you.

Yours faithfully,

REQUIRING BODY.

PART–II]

LA GAZETTE DE L'ETAT

ANNEXURE – I

Schedule of the land to be acquired.

1. No. and Name of the Revenue village-

2. Name of the Taluk

3. Name of the District-

4. R.S. No. with extent of lands to be acquired-

5. Total area under requisition (in Hectares)-

(a)

Boundaries of the total area to be acquired-North-South-East-

West-

6. Area of the agricultural and irrigated multi-cropped land-

7. Reasons for inclusion of agricultural and irrigated multi-cropped

land.

8. Details of Buildings and other structures, tanks, wells, trees etc.,

————

ANNEXURE – II

Name of the project.

1. Government/Company/Local Authority/Institution:

2. Official designation of the requiring body:-

3. Purpose of Acquisition (in detail):-

4. Whether the requisition is filed under section 2(1)(a) to 2(1) (f) of

the Act:-

5. Whether the requisition is filed under section 2(2) (a) or (b) of the

Act :-

6. Whether the requisition is filed under section 40 of the Act :-

7. If so, on what ground?

8. Has the land to be acquired already been taken over from the

owners by private negotiation?

9. If so, on what date and on what terms (please state the terms of

negotiation in short and attach a copy of it).

10. Date of issue of administrative approval for the project (copy to

be attached).

LA GAZETTE DE L'ETAT

[PART–II

11. Reasons for delay in filing requisition, if requisition is filed after 6

weeks from the date of administrative approval of the project.

12. By what time possession of the land is required.

13. Whether the lands of SC are required to be acquired?

14. By what time the possession of Land is required.

————

ANNEXURE – 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 .................... . The estimated cost of the project

is ` ...................

2. That a sum of ` .................... for permanent acquisition and/or

sum of ` ................... for temporary occupation as provided under

Chapter XI of the Act has been provided in the budget estimate of the

Department for the year ................... under the head ...................................

to meet the 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/Government.

4. The project is for a legitimate and bona fide public purpose.

5. Only the minimum area of land required for the project has been

proposed for acquisition.

6. There is no unutilised land which has been previously acquired

in the area.

7. The land under acquisition has been selected after considering

all alternatives.

8. The project is of linear type/non-linear type.

PART–II]

LA GAZETTE DE L'ETAT

9. The land under acquisition is barren/uncultivable/agricultural/

irrigated multi-cropped/commercial.

10. Total area under acquisition is not in excess of the limit

prescribed and fixed by the Government for acquisition of irrigated multi-

cropped and agricultural land in a district.

11. The potential benefits of the project far outweigh the social

costs and adverse social impact.

12. The land after taking possession would be utilised for the same

acquisition purpose.

13. The requiring body is capable of bearing cost of acquisition

including rehabilitation and resettlement expenditure.

14. There is no Government land in the proposed area under

acquisition.

15. There is no temple, mosque, burial ground or any other

religious structure in the land proposed for acquisition.

16. There is no ceiling land under acquisition.

17. Due to acquisition land owner or raiyat would become

landless/not become landless.

18. There is no special opposition to this land acquisition

proceeding.

19. The Requiring Body shall ensure rehabilitation and resettlement

works and other admissible benefits to the affected families/persons.

REQUIRING BODY.

————

FORM – II

PART – A

Notification of the Social Impact Assessment

(See sub-rule (1) of rule 7)

The Notification of the SIA must include :

(i) Name of project , 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; and

LA GAZETTE DE L'ETAT

[PART–II

(ii) The main objectives of the SIA and key activities including (a)

consultations (b) survey (c) public hearings,/if consent of Gram

Sabhas and/or land owners is required, the notification must state

this.

(iii) The timeline for the SIA and the final deliverables (SIA Report and

SIMP) along with the manner of their disclosure must be specified.

(iv) Statement that any attempt of coercion or threat during this period

will render the exercise null and void.

(v) Contact information of the State SIA Unit.

————

FORM – II

PART – B

Terms of Reference and Processing Fee for the SIA

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

The State SIA Unit will review the proposal for land acquisition

sent by the 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 proposal, area proposed 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) The details of 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;

PART–II]

LA GAZETTE DE L'ETAT

(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 36 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; and

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

the State SIA Unit.

————

FORM – III

Social Impact Assessment Report

[See sub-rule (5) of rule 10]

Part-A : List of socio-economic and cultural parameters to be covered

by the Social Impact Assessment.

1. Demographic details of the population in the project area :

(a) Age, sex, caste, religion.

(b) Literacy, health and nutritional status.

2. Poverty Level.

3. Vulnerable groups :

(a) Women

(b) children

(d) women-headed households.

(e) the differently abled .

4. Kinship patterns and women's role in the family.

5. Social and cultural organisation.

LA GAZETTE DE L'ETAT

[PART–II

6. Administrative organisation.

7. Political organisation.

8. Civil society organisations and social movements.

9. Land use and livelihood :

(a) Agricultural and non-agricultural use.

(b) Quality of land-soil, water, trees, etc.,

(d) Formal and informal work and employment.

(e) Household division of labour and women’s work.

(f) Migration.

(g) Household income levels.

(h) Livelihood preferences.

(i) Food security.

10. Local economic activities :

(a) Formal and informal, local industries.

(b) Access to credit.

(d) Specific livelihood activities in which the women are involved.

11. Factors that contribute to local livelihoods :

(a) Access to natural resources.

(b) Common property resources.

(d) Roads, transportation.

(e) Irrigation facilities.

(f) Access to markets.

(g) Tourist sites.

(h) Livelihood promotion programmes.

(i) Co-operatives and other livelihood-related associations.

PART–II]

LA GAZETTE DE L'ETAT

12. Quality of the living environment :

(a) Perceptions, aesthetic qualities, attachments and aspirations.

(b) Settlement patterns.

(d) Community and civic spaces.

(e) Sites of religious and cultural meaning.

(f) Physical infrastructure (including water supply, sewage

systems etc.,).

(g) Public service infrastructure (schools, health facilities,

anganwadi centres, public distribution system).

(h) Safety, crime, violence.

(i) Social gathering points for women.

Part-B : Key Impact Areas

1. Impacts on land, livelihoods and income :

(a) Level and type of employment.

(b) Intra-household employment patterns.

(d) Food security.

(e) Standard of living.

(f) Access and control over productive resources.

(g) Economic dependency or vulnerability.

(h) Disruption of local economy.

(i) Impoverishment risks.

(j) Women’s access to livelihood alternatives.

2. Impacts on physical resources :

(a) Impacts on natural resources, soil, air, water, forests.

(b) Pressures on land and common property natural resources for

livelihoods.

3. Impacts on private assets, public services and utilities :

(a) Capacity of existing health and education facilities.

(b) Capacity of housing facilities.

LA GAZETTE DE L'ETAT

[PART–II

(d) Adequacy of electrical and water supply, roads, sanitation and

waste management system.

(e) Impact on private assets such as bore-wells, temporary sheds etc.,

4. Health impacts :

(a) Health impacts due to in-migration.

(b) Health impacts due to project activities with a special emphasis on:

(i)

Impact on women’s health.

(ii) Impact on the elderly.

5. Impacts on culture and social cohesion :

(a) Transformation of local political structures.

(b) Demographic changes.

(d) Impacts on the norms, beliefs, values and cultural life.

(e) Crime and illicit activities.

(f) Stress of dislocation.

(g) Impact of separation of family cohesion.

(h) Violence against women.

6. 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.

(a) Pre-construction phase :

(i)

Interruption in the delivery of services.

(ii) Drop in productive investment.

(iii) Land speculation.

(iv) Stress of uncertainty.

(b) Construction phase :

(i)

Displacement and relocation.

(ii) Influx of migrant construction workforce.

(iii) Health impacts on those who continue to live close to the

construction site.

PART–II]

LA GAZETTE DE L'ETAT

(i)

Reduction in employment opportunities compared to the

construction phase.

(ii) Economic benefits of the project.

(iii) Benefits on new infrastructure.

(iv) New patterns of social organisation.

(d) De-commissioning phase :

(i)

Loss of economic opportunities.

(ii) Environmental degradation and its impact on livelihoods.

(e) Direct and indirect impacts :

(i)

“Direct impacts” will include all impacts that are likely to

be experienced by the affected families ((i.e., direct land and

livelihood losers).

(ii) “Indirect impacts” will include all impacts that may be

experienced by those not directly affected by the acquisition

of land, but, those living in the project area.

(f) Differential impacts :

(i) Impact on women, children, the elderly and the differently

abled.

(ii) Impacts identified through tools such as gender impact

assessment checklists, and vulnerability and resilience

mapping.

(g) Cumulative impacts :

(i) Measureable and potential impacts of other projects in the

area along with the identified impacts for the project in

question.

(ii) Impact on those not directly in the project area but based

locally or even regionally.

————

LA GAZETTE DE L'ETAT

[PART–II

Part-C : Table of contents for Social Impact Assessment Report and

Social Impact Management Plan.

Chapter

Contents

(1)

(2)

Executive

(a) Project and public purpose.

Summary.

(b) Location.

(d) Alternatives considered.

(e) Social impacts.

(f) Mitigation measures.

(g) Assessment of social costs and benefits.

Detailed

(a) Background of the project, including developers

Project

background and governance or management structure.

Description.

(b) Rationale for project including how the project fits

the public purpose criteria listed in the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

production targets, cost, risks.

(d) Examination of alternatives.

(e) Phases of project construction.

(f) Core design features and size and type of facilities.

(g) Need for ancillary infrastructural facilities.

(h) Work force requirements (temporary and permanent).

(i) Details of Social Impact Assessment or Environmental

Impact Assessment if already conducted and any

technical feasibility reports.

(j) Applicable legislations and policies.

(a) List of all team members with qualifications. Gender

experts to be included in team.

(b) Description and rationale for the methodology and

tools used to collect information for the Social

Impact Assessment.

Team

composition,

approach,

methodology

and Schedule

of the Social

Impact

Assessment.

PART–II]

LA GAZETTE DE L'ETAT

(d) Overview of information or data sources used.

Detailed reference must be included separately in

the forms.

(e) 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.

Land

(a) Information from land inventories and primary

Assessment.

sources-Describe with the help of the maps.

(b) Entire area of impact under the influence of the

project (not limited to land area for acquisition).

(d) Present use of any public, unutilised land in the

vicinity of the project area.

(e) Land (if any) already purchased, alienated, leased

or acquired and the intended use for each plot of

land required for the project.

(f) Quantity and location of land proposed to be

acquired for the project.

(g) Nature, present use and classification of land and if

agricultural land, irrigation coverage and cropping

patterns.

(h) Size of holdings, ownership patterns, land distribution

and number of residential houses.

(i) Land prices and recent changes in ownership

transfer and use of lands over the last 3 years.

Estimation of the following types of families that are–

(a) Directly affected (own land that is proposed to be

acquired) :

(i) Are tenants or occupy the land proposed to be

acquired.

(ii) The Scheduled Tribes and other traditional forest

dwellers who have lost any of their forest rights.

(1)

(2)

Estimation

and

enumeration

(where

required) of

affected

families and

assets.

LA GAZETTE DE L'ETAT

[PART–II

(iii) Depend on common property resources which

will be affected due to acquisition of land for

their livelihood.

(iv) Have been assigned land by the Government

under any of its schemes and such land is under

acquisition.

(v) Have been residing on any land in the urban

areas for preceding three years or more prior to

the acquisition of the land.

(vi) 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)

lands.

(a) Demographic details of the population in the project

area.

(b) Income and poverty levels.

(d) Vulnerable groups.

(d) Land use and livelihood.

(e) Local economic activities.

(f) Factors that contribute to local livelihoods.

(g) Kinship

patterns

and

social

and

cultural

organisation.

(h) Administrative organisation.

(i) Political organisation.

(j) Community-based and civil society organizations.

(k) Regional dynamics and historical change processes.

(l) Quality of the living environment.

Social impacts. (a) Framework and approach to identifying impacts.

(b) Description of impacts at various stages of the

project cycle such as impacts on health and

livelihoods and culture. For each type of impact,

(1)

(2)

Socio-

economic and

cultural

profile

(affected area

and

resettlement

site).

PART–II]

LA GAZETTE DE L'ETAT

impacts separate indication of whether it is a direct

or indirect impact, differential impacts on different

categories of affected families and where applicable

cumulative impacts

land, livelihood and income, physical resources,

private assets, public services and utilities, health,

culture and social cohesion and gender based

impacts.

(a) Final conclusions on: assessment of public purpose,

less-displacing alternatives, minimum requirements

of land, the nature and intensity of social impacts,

the viability of the mitigation measures and the

extent to which mitigation measures described in

the Social Impact Management Plan will address the

full range of social impacts and adverse social costs.

(b) The above analysis will use the equity principle

described in Rule 9 (10) as a criteria of analysis for

presenting a final recommendation on whether the

acquisition should go through or not.

References

For reference and further information.

and Forms.

————

FORM – IV

[See sub-rule (7) of rule 10]

Social Impact Management Plan

1. Approach to mitigation.

2. Measures to avoid, mitigate and compensate impact.

3. Measures that are included in the terms of Rehabilitation and

Resettlement and Compensation as outlined in the Act.

4. Measures that the Requiring Body has undertaken to introduce in

the Project Proposal.

(1)

(2)

Analysis of

costs and

benefits and

recommendation

acquisition

LA GAZETTE DE L'ETAT

[PART–II

5. Additional measures that the Requiring Body has assured to undertake

in response to the findings of the Social Impact Assessment

Process and public hearings.

6. The Social Impact Management Plan must include a description of

institutional structures and key person responsible for each mitigation

measure and timelines and costs for each activity.

————

FORM – V

[See sub- rule (1) of rule 17 ]

Preliminary Notification

No.

Dated :

Whereas, it appears to the Government that a total of ............. acres

land is required in the .......................... Village .......................... of ..........................

District for public purpose, namely ........................ . Social Impact Assessment

Study was carried out by SIA Unit and a report submitted / preliminary

investigation was conducted by a team constituted by District Collector

as laid down under rule 4. The summary of the Social Impact Assessment

is as given below :

Report/Preliminary investigation is as follows

(Attach copy of SIA report)

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

A total ............................ (No.) families are likely to be displaced due to

the land acquisition. The reason necessitating such displacement is

given below :

........................... is appointed as Administrator for the purpose of

rehabilitation and resettlement of the affected families. Therefore, it is

notified that for the abovesaid project in the .......................... Village of

.......................... of .......................... District a piece of land measuring, ..........................

hectares viz., .......................... whose detailed description is as following,

is under acquisition :

PART–II]

LA GAZETTE DE L'ETAT

Sl.

Survey Type

Type

Area

Name and

Boundaries

No.

under

address

title

land

acquisi-

of person

tion

interested.

(in acre).

Trees

Structures

Variety

Number

Type

Plinth 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 of 2013), to all

whom it may concern.

A plan of the land may be inspected in the office of the District

Collector and ..................... on any working day during the working hours.

The Government is pleased to authorise Officer ..................... and

his staff ..................... to enter upon and survey land, take levels of any

land, dig or bore into the sub-soil and 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 without prior approval of the Collector

from the date of publication of the notification.

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 the District

Collector.

Since, the land is urgently required for the project falling within

the purview of section 40 (2) and the same has approval of the Parliament,

it has been decided not to carry out the Social Impact Assessment

Study, vide G.O. No. ....................., ....................., dated ..................... . (Strike

if not applicable)

Encl. : As above

Place :

Date :

DISTRICT COLLECTOR.

LA GAZETTE DE L'ETAT

[PART–II

FORM – VI

[See sub-rule 4 and rule17]

Notice by Collector

No.

Dated :

Notice is hereby given that the land specified in the appended

schedule and situated in the village of ...................... in ...................... Taluk,

in the District of .......................... is needed or is likely to be needed in

accordance with the notification under section 11 (1) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (30 of 2013) published by the District

Collector at page

..........................of part I of the Official Gazette of

Puducherry, dated .......................... . All persons interested in the land

are accordingly required to lodge their objections if any to the acquisition

of the said land, in writing to the Collector, ................................ within

sixty (60) days from the date of publication of this notification.

Any objection which is received after the due date or which does

not clearly explain the nature of the sender’s interest in the lands is

liable to be summarily rejected.

Objections received within the due date, if any, will be enquired

into on ................................ at ................................ (time) ....................................

at .......................... (Place) .......................... . The objectors will be at liberty

to appear in person or by Advocate and to adduce any oral or documentary

evidence in support of their objections.

SCHEDULE

Sl.

Survey Total

Extent

Name and

Boundaries

Details of

No.

Extent

under

address of

Trees

A.Cs.

Acquisition the person

Structure

interested

etc., if any

(1)

(2)

(3)

(4)

(5)

(6)

(7)

PART–II]

LA GAZETTE DE L'ETAT

FORM – VII

[See clause (iii) of sub-rule (4) of Rule 18]

Format for Provision of Infrastructural Amenities under

Rehabilitation and Resettlement scheme for families displaced due

to Land Acquisition

Sl.

Components

Details of infrastructure

No.

amenities

Roads

Drainage

Drinking water

Drinking water for cattle

Grazing land

Fair Price Shops

Panchayat buildings

Post Offices

Fertilizer storage

Irrigation facilities

Transport facilities

Burial or cremation ground

Toilet points

Electrical connections

Nutritional services

Schools

Sub-health centre

Primary Health Centre

Playground

Community centre

Places of worship

Separate land for tribal institutions

Timber forest produce

Security arrangements

Veterinary services

Any other infrastructure amenity

LA GAZETTE DE L'ETAT

[PART–II

FORM – VIII

(See rule 22)

Format for Development Plan under Rehabilitation and

Resettlement Scheme for Schedule Cast families affected due to

land acquisition

Sl.

Name of the

Permanent

Entitlements

Remarks

No.

claimant/

Address

family Head

1. One time financial assistance

of One lakh fifty thousand

rupees per family shall be

given.

2. For

landless

labourers

employment shall be provided

under MNREGA and any

other job providing scheme.

3. Skill development through

different training programmes

for the unemployed youth

of the affected family.

4. Subsistence

grant

for

displaced family equivalent

to three thousand rupees

per month for a year shall

be granted from the date

of award.

5. For cattle shed and petty

shop, each affected family

shall be provided minimum

twenty five thousand rupees.

(a) Details of land rights due, but not settled :

(b) Details of actions for restoring titles of the Scheduled Tribes as

well as the Scheduled Castes on the alienated land by undertaking

a special drive.

PART–II]

LA GAZETTE DE L'ETAT

FORM – IX

(See rule 23 and section 19 of the Act)

Declaration by District Collector

No.

Dated :

Whereas, it appears to the Government that a total of ........................

hectares of land is required in the ………………………Village

......................... Taluk ........................... District ............................. for

public purpose, namely, ............................ Therefore, declaration is made

that a piece of land measuring, ....................... hectares in the ………………

Village ......................... District ............................. whose detailed

description is as following is acquired for the said purpose:

Sl.

Survey Type

Type

Area

Name and

Boundaries

No.

under

Address

title

land

Acquisi-

of person

tion

interested.

(in hectare).

Trees

Structures

Variety

Number

Type

Plinth area

This declaration is made after hearing the objections of persons

interested and due enquiry as provided under section 15 of the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (30 of 2013). The number of families likely

to be resettled due to Land Acquisition is ............................... for whom

Resettlement area has been identified, and the brief description of the

Resettlement area is as follows:-

Village .................... District .................... Area ................... (in acres).

A plan of the land may be inspected in the office of the Land

Acquisition Officer and ....................... on any working day.

A summary of the Rehabilitation and Resettlement Scheme is

appended.

Encl. : As above

DISTRICT COLLECTOR.

LA GAZETTE DE L'ETAT

[PART–II

FORM – X

(See rule 24)

Land Acquisition Award

Land Acquisition Case No. :

Name of the Project :

Number and date of declaration under which the land is to be

acquired.

Situation and extent of the land in hectares, the number of field

plots on the survey map, the village in which situated with the number

of mile plan if any.

Description of the land, i.e., whether fallow, cultivated, homestead,

etc. If cultivated, how cultivated? Source of irrigation.

Name of persons interested in the land and the nature of their

respective interests.

Amount allowed for the land, without trees, buildings etc., if any.

Amount allowed out of such sum as compensation for the tenants

interest in the land.

Basis of calculation :

Amount allowed for trees, houses or any other immovable property.

Amount allowed for crops.

Additional compensation on the market value under section 30 (3).

Damages under section 28 of Act.

Solatium under section 30 (1)

Award under section 23 and 30 of the Act

Particulars of abatement of Government Revenue, or of the

capitalised value paid, the date from which the abatement takes effect.

Apportionment

Sl. No.

Name

Amount

Bank

Remarks

of the amount

payable

A/c. No.

of compensation.

claimants.

to each.

Area (in hectares)

PART–II]

LA GAZETTE DE L'ETAT

Date on which possession was taken under section 38 (1) and 40 (1)

of the Act.

If urgency is invoked under section 40 (1) of the Act, the number

and date of the order of government giving authority to do so.

Date :

Signature.

————

FORM – XI

[See rule- 25 (1)]

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.

R and R Entitlements

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(i) House

allotted.

Apportionment of

the amount of

compensation

Area (in hectares).

Sl. No.

Name of claimants/

affected family.

Bank A/c. No.

Amount payable

to Each.

Non monetary

entitlement.

Remarks

LA GAZETTE DE L'ETAT

[PART–II

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(ii) Lane

allotted.

(iii) Fishing rights.

(iv) Annuity

(v) E m p l o y m e n t

transportation

cost,

Housing

allowances.

(vi) Annuity

(vii) Employment

(viii) S u b s i s t e n c e

grant.

(ix) Cattle

shed ,

Petty shop.

(x) O n e

t i m e

r e s e t t l e m e n t

allowances.

(xi) Stamp duty and

R e g i s t r a t i o n

fee.

7. Date on which Rehabilitation and Resettlement entitlements to be

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)

of the Act.

12. Damages under section 28 of the Act.

13. Solatium under section 30 (1) of the Act.

14. Award under section 23 and 30 of the Act.

PART–II]

LA GAZETTE DE L'ETAT

15. Particulars of abatement of Government Revenue, or of the capitalized

value paid, the date from which the abatement takes effect.

Apportionment

Sl. No.

Names

Amount

Bank

Remarks

of the amount

payable

A/c. No.

of compensation.

claimants.

to each.

Area (in hectares)

16. Date on which possession was taken under section 38 (1) and 40 (1)

of the Act.

If under section 40 (1), the number and date of the Order of

Government giving authority to do so.

Date :

Signature.

————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.