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Andaman and Nicobar Islands Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement and Development Plan Rules 2018

Union territory Rules of Andaman and Nicobar Islands · 201334,749 characters of text

The enactment

Long titleNo 269_2018_F No 34-725_2018-Rev
TypeRules
Year2013
JurisdictionUnion territory of Andaman and Nicobar Islands
MinistryAndaman and Nicobar Administration
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsproperty

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

sttrgqFl delr Andaman And fi+qrc rtq.r* Nicobar Gazette arCc trt lrsltllat EXTRAORDINARY rtrt,R i r+,rRrd Published by Authority i. zts, qt-C d{t, Tuilrt, 30 <trqikl, 2oi8 No.275, Port Blair, Thurcday, August 30, 2018 qE qrq oq1 f,r*?[n yvnsr ANDAUAN IIND ITICOBAR AI'UINISIRATIOIT qfuemc / sEcRETARTAT I|OTIFICATIOIS Port Blair, dated the 30th August,'2018.

No,269l2OftlF. No. 34-72512O18-Rev.- In exercise of the powers conferred under sub-section (1) and clauses (u), (e), (0, (g), (h), (i), (j), (k), (U, (m), (o), (p), (r), (s), (t) and (u) of subsection (2) of section 109 of the Right to Fair Compensation and Ttansparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) read with the Notification vide No. SO 1997(E), dated 23.06.2017 of the Government of India, Ministry of Home AIIairs, New Delhi, I, Admiral (Retd.) D.K. Joshi, Lt. Govemor, Andaman & Nicobar Islands, hereby make the following rules for the Union Territory of Andaman & Nicobar Islands, namely:-

CHAPTER.I l. thort tltle, eppltcabtltty ."a ""--T""."T"nt.-

(i) These Rules may be called the Andaman and Nicobar Islands Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rulcs, 2018.

ii) They shall come into force on the date of their publication in the Official Gazette.

2. Dcflnltlols.- In these rules, unless the context otherwise requires,-

(a) "Aadhaar number" means a l2-digit unique identification number generated and issued to an individual by the Unique Identification Authority of India (UIDAI) after deduplication 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 (30 of2013);

(c) 'consent-based Aadhaar authentication service" means electronic authentication carried out by 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 UIDAI in its own central sewers, and includes a Yes/No' response, or a response containing the demographic information and photograph of that individual;

(d) 'section' means section of the Act;

(e) words and expressions used but not delined in these rules and defined in the Act, shall have the meanings respectively assigned to them in the Act.

I I t THE ANDAMAN AND NICOBAR EXTRAORDINARY G AUGUST 30,2OI8AZETID, 2 CIIAPTER U Requcst for Laad Acqulsltlon

3. Requelt for acqulrltlon of land'- (1) After - comp-letion of Social Impact Assessment' wherever applicable ".rd ."""iit ,'i tt* .*"tirl""dations ;f the ExPert GrouP, if it appears to the appropriate covernment (th"'il. a;"";;;, e * nn Islands heriin) that land in any area is reouired or likelv to be requrrJ for any pubuc purpose, the Rcqulring Body or ite authorised ;il;ilil;;r *h"- -rJne i" to. Uc acqutea jt "U ru" tha rcquert to the concemed Collector iTFORM-I along with the following documehtB, ngmely:-

(i) detailed project reporti

(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 multicropped, single cropped, wasteland, etc;

(v) any other information required by the Collector.

l2l A copy of the request frled with the Collector under sub-rule (1) shall be submitted to the Commissioner.

(3) Where the Requiring Body is the Government, the request shall be filed by the Secretary of the concerned Department and in case of Public Sector Undertaking, by Secretary of the Department dealing with such undertaking.

4. Actloa by CollGctot oa rccelvlng tequcst.- (1) (a) The Collector, on receiving the request under sub-rule (1) of rule 3, shall constitute a committee of officers consisting of oflicers from Revenue Department, Agriculture Department, Forest Department, Water Resources Departmeni, Building Department or any other Department as the Collector deems necessary to make a field visit along with the representatives of the Requiring Body to make a preliminary enquiry regarding -

(i) availability of waste or arid land;

(ii) correctness of the particulars fumished in the request under sub-rule (l) of rule 3;

(iii) bare minimum land required for the project;

(iv) whether the request is consistent with the provisions of the Act, and submit a report to the Collector.

(b) The report of the committee referred to in clause (a) shafl includg the following, nirmely :-

(i) that the proposed acquisition of land serves public purpose;

(ii) that the extent of land proposed for acquisition is the absolute bare-minimum needed for the project;

(ni) that the acquisition of land at an altemate place has been ionsidered and found not feasible;

(iv) that there is no unutilised land which has been previously a6quired in the area;

(v) that the land, if any, acquired earlier and remained unutilSed, may be used for such public purpose;

(vi) the recommendations of the committee

(2) (a) If the Collector, on the basis of the report of the commit[ee referred to in sub-rule (l), other information available with him and instructions issued by the Central Government in this regard, is satisfied that the request is consistent u/ith the provisions of the Act,,hc strall makp a preliminary estimate of the cost oflhe acquirition as defincd in claure (ii of -.+t"'**isccuon 5.

(b) The administrative cost under item (A) of sub-clause (vi) of clause (i) of section 3 shall be at the rate of five per cent of the cost of compensation as provided in sub-clause (i) of clause (i) of section 3 subject to a maximum of five crore rupees.

(c) The Collector shall inform the Requiring Body to deposit the estimated cost of acquisition or part thereof as specified by the Collector in the designated account of the office of the Collector before the publication of declaration under sub-section (2) of section 19 within such period as may be specified by him and the Requiring Body shall deposit the same within the said period.

30, 20183 ETTE, AUGUST ORDINARY GAZ ICOBAR EXTRA NDAMANANDN estimation rsTHE A

(3) The Requiring BodY shall dePosrt the balance the AuthoritY prePared or Court, by the Collector and in cases wtrete the same shall b€ dePosited as and when so required' feasible;

(d) there is no unutilised land which has been previously acquired in the area;

(e) the land, if any, acquired eaflier and remained unutilised' is used for such public '-' p*p"".'""a iecommendations in iespect thereof;

(0 recommendations on the objeliions;

(g) record of proceedings;

(h) approximate cost of land acquisition in cases where Social Impact Assessment has been exempted.

conduct a suwey and undertake a census of the affected families within a period of two i:"T.:'"H::.:i'i::*TJli CTIAPTERnI Preltnloary Notlflcatlon for Laorl Acqutrltloa and Rchebtlltatlon ot l Re.sttLEcnt Scherre i;"o,1"lTl,i.jiirlr#f,lf5:r"e{}ttF

(1)rhe preriminary notincation referred to in t2tAcopvof the,**it"xl*tll#:*r:fii;'":'fx'lt**Hfl*if oll"o, consPicuous Places t beat of drum' - -':.=^^ii^h "nder sectiofl I 1' the collector shall o,**::T"Hi"n:'"',.HHf:i:H'1'ffi,il!tJti::ffi l'"i;;*'hereunder:-

(a) delete the names of deceas€d p€rsons;

", ""i".

,n" names of the legal heirs of the deceased personsi

(c) enter the registered ""t'o"Uo"" of the rights in land such as sale' grft' partition' etc.;

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

;i:tr"**t*:gfi :*;f':4";,"'I".':li;lg";'*y"n::J::H;xffi'*' deeds;

(0 *.t " rtu""""ary entries in respect of all prevalent forest laws:

el -tf." necessary entries in case of the Govemment land;

(h) make necessary entries in iespect of assets on the land like buildings' trees' wells' etc.;

(i) make necessary entries of share-cropp€rs in the landi 0) make necessary entries of crops grown or sown and the area of such crops; and

(k) any other relevant entries'

6. Hearrug of obJcctro"r - (1) rhe couector :h"[ t":::i li;T;1T"T111?,""$:S"*[t3l$ ill"nii?F"*rut#,"J'::ST""illHff f, ':"'HH,l"""a;;;;iheobjectionstothe apptopri"t. Government for decision'

(2) The report of the Collector shall include the following:-

(a) assessment as to whether the proposed acquisition sewes public purpose;

(b) whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the Project;

(c) whether land acquisition at an alternate place has been considered and found not prcparetloD of Rehabllttatlon aad Rerettteiert gGhctBG ald publlc hGertag.- (1) Upon ur*-rr-.- .i,rr" preliminary notification under sub-section (1) of section 11, the Administrator

7.

rths from the date of publication of such preliminary notification.

4 THE AN

(2) For the be und DAMAN AND NICOBAR EXTRAORD INARY GAZETIE, AUGUST 30, 2018 be, and other

(3) The Administra tor shall get the data verilied by door to door visit of the affected families and by site visits in case of infrastructure projects in the allected area.(a) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall, inaddition to the particulars mentioned in the sub-section (2) of section 16, con tain thefollowng, namely :_ 3:i""ff*f*:l;:iciearity or Municipal corporation, as the case may

(a) list of a-ffected families with Aadhaar number of,its.members, if available;(b) list of displaced families with Aadhaar number of its members, if available;(c) list of infrastructure in the alfected area;

(d) list of land holdings in the allected area;

(e) list of trees, buildings, other irnmovabre property or assets attached to the tand orbuilding which are to be acquired;

(0 list of trades or businesses in the arlected area;

(g) list of persone belonging to the. scheduled castes or the scheduled rribes, thehandicapped or physicaly challenged p";;; i;;";;cted area:

Provided that in case a Dersor does not have an Aadhaar ,ru_Lr, efforts may be madeto get him so enrored, provided h._gru-" il";;;;;i.;'fi"n enrolment and the claims of :h"Tti""ji,1"r#ililX:

-.', u. ri"irll't.i 1;;## out cons€nt-based Aadhaar

(5) The Administrator shall give wide publiciry to the Scheme in the aflected area through publication in draft Rehabilitation and Resettlement the following manner, namely:_

(a) in the Ollicial Gazette;

(b) in two daily newspapers being circulated be in the regional language:

purpose of the survey to be conductedertaken by the Administri tor, he shall tal<e(a) the Sociai Impact Assessment report;(b) the records of rnto account _ and the census of the affected families to in the locality of such area of which one shall

Provided that in a place where such media is not available, then this clause shall notaPply;

(c) in the local language in the panchayat, Municipa.lity or Municipal Corporation, as thecase mav be, and in the ollices of the District co[ector, trr. s"i_oi"i"ioiJ-r,,r'J6ii."t"and the Tehsil, Taluk, Sub-division or Block, as ttre casl may Ue;

(d) uploaded on the website of the appfopriate Government.

(6) The Administrator or an ofhcer authorised by him sha, conduct a pubric hearing in theaffected ar. eas by issuing advance notice oi three weet<s on the date, td;;; ;;r.,.mentioned in the said notice in accordance with the pro,.isions .f -i; 8 ;i th.'-nigi, aFair compensation and rransparency i" ;; 'Acquisition, Rehabilitation andR€settlement (social Impact Assessment and consent) nuGs, zoi+, a"t o-trr.i* a.,g,r"t,2014.

8. Publlcatloa of the approved Rehsburtatron and Rerettr6meat schc'G.- TheCommissioner shall publish the approved Rehabilitation and Resettlement scheme by-amxing itin conspicuous places in the a_tlected area.

9. Developncnt Plaa for Scheduted castc. or scbedulcd lHbcr fanlllc..- The Development Plan, 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 f;iliej, referred. to in section 41 shall be prepared in FORM IV.

CIIAPTER TV Declaratlon atrd Award

1O. Publlcattotr of declaaatlotr for acqul:ltlon.- The declaration referred to in sub-section (l) of section 19 shall be published by alfrxing a copy thereof in local language at conspicuous places in the affected areas in FORM V.

11. Land acqulsltioa award.- The land acquisition award referred to in section 23 shall be made in FORM VI and FORM VII.

I THE ANDAMAN AND NI and forty hectares in rural areas' COBAR EXTRAORDINARY

CHAPTER V AUGUST 30,2018 5GAZVrIE,

12. Ftshtng rtghtc of affected famllles - The fishing rights referred to serial number 9 of the SeconJ S"t'"arltt to the Act' shall be allowed by the t"';;;;il;,i " with the Irrigation DePartment' Revenue Department or in column (3) against Fisheries DePartment any other concemed Department of the Government'

13. Recovery of excecs atrount'- In the case of any default or refusal to pay the excess amount as referred to i., "ru-l-.i;on tji oi"."ti"" 33, the same shall be recovered as arrears of land revenue under the p.o"i"io"" oi ih" Rt""t''" Recovery Act' 1890 (1 of t89O) and such recoverv proceidings sn.ff ue ffiattJ *iit'in " period of thrJe years from the date on which the .*"""* ".nort t is found to have been paid'

14. Recovery or renaturitton 'aid ,.cetu.E€r!t bctrcIlt.- Any rehabilitation and resettlement benefit availed;iil;J;g a-farse clairn or through fraudulent means shall be recovered as firears or r.rra i.u"i-r.r" ,.raE tl" provisions of the flevenue Recovery Act' 1890 (1 i::t11';"" of c:rteat of land uader 3ub-scctrotr (31_of.Bcctton 2.- The limits of extent of land referred to in clause t.t of "r]i-iJJtio" tS) .i *"tt.;,'2 shall be twenty hectares in urban areas AdBltrlrtratot' Rehebtlttatlor atrd RGtGttlGDclt Co6'nttt'G ald lt'ttold Xoaltorlag CoDElttcG

16.Powcrr,dutle.aldrorpoarlbllltlorofAdrnlntrtretor.-TheAdministratorghallhavet}c following powers' duties and responsibilities' namely:-

(a) to conduct a survey and undertale- a census of the allected families and details of '-' ur."to"t pr""""""a i'y "t"tr'aIIected family in accordance witJ: rule 7;

(b) to prepare a draft Rehabilitation and Resettlement Scheme (hereinafter referred to as the draft Scheme);

(c}togivewidepublicitytothedraftSchemeinaccordancewithsub-rule(5}ofrule7in the affected areas;

(d) to make the draft Scheme available to the concerned persons and authorities;

(e) to organise and conduct public hearings on the draft Scheme;

(0 to submit the draft Scheme to the Collector;

(g) to execute and monitor the Rehabilitation and Resettlement Scheme;

(h}toassisttheCommissioneiinpost.implementationsocialauditofRehabilitationand Resettlement Scheme; and

(i) any other work required to be done for Rehabilitation and Rescttlement' L?. Rshebllltatlon aral BG.cttlGEont CoEElttcc 't ftoJcct Lvc-l'- Jl! Tf" Rehabilitati'on andResettlementcommittee"orr"tirrrta.r"aersection45shallfollowthefouowingprocedures:-

(a)thecommitteeshallhaveitsfirstmeetingwhena&aftSchemehasbeenpreparcdby the Administrator;

(b) the Committee shall discuss the draft Scheme and make suBg6tions and recommendationsandthereafter'theCommitteeshallmeettorcviewandmonitorthe progress of rehabilitation and resettlement once in a month till the procecs of ietriuilitation and resettlement is completed;

(c) for the purpose of carrying out the post-implementation social audits, the Conmittec shall meet once in three month8;

.

(d) the Committee may visit the affected area and discuss with the affected families if it so requires and also visit the resettlement area to monitor the res€ttlement process.

(2) The Member-Convener of the Committee shall b€ assisted by subordinate olfrcers end gtalf provided by the appropriate Government'

(3) The non-official members of the Committee shall be entitled to travelling and daily allowance at the rate admissible to the Group A' Officers of the Central Govemment.{

18. selarlcr, dlowanccr, etc. of Pre3ldlng offlcer, Regtrtrar rnd othcr offlccrr ead craployeor of Authortty.- (1) The salary and allowances payable to and the other terms and conditiohs of service (including pension, gratuity and othei retirement benefits) and procedure for the investigation of misbehavior or incapacity of the Presiding O{Iicer of Authority shall be the same as applicable to a District Judge.

(2) The salary arrd allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benetits) of the Registrar of the Authority shall be the same as applicable to an officer of the rank of Deputy secretary in the Central Government.

(3) The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the officers and employees of the Authority shall be the same as applicable to the officers of the central Government of equivalent rank.

19. Procedurc of lYatloaal Uoattorlag Comnlttee.- (1) The National Monitoring Committee constituted under section 48 shall review and monitor the implementation of the rihabilitation and resettlement schemes for lhe projects within two months of the publication of the approved schemes by the Commissioner'undii section 18 and thereafter, the meetings of the Committee shall be held once in three , tnonths to review and monitor the impiementation of the rehabilitation and resettlement Schemes.

(2) For the purposes'of sub-rule (l), the Committee may -

(a) call for records and information of rehabilitation and resettleinent schemes;

(b) call the Requiring Body for discussion as and when tequu:d;

(c) ask for report about implementation of its decision.

(3) The non-orlicial experts associated with the National Monitoring Committee shall be paid travelling and daily allowance at tl:e rate admissible to an oflicer of t]:e rank of Joint Secretary in the Central Govemment.

6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE , AUGUST 30, 2018 CIIAPTER VI flrccllaaeour

2o. uraacr of rotura of unutllbcd land.- (1) when any land acquired under the Act remains unutilised for a period of livo years as refened to in section 1Ol, the same shall be returned to the original owner or owners or their legal heirg 4s 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 necessary order in writing by the Collector in this bchalf for thio purpose.

(2) After passing the order by Collector under sub-rule (l), the 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 Lend Bank.

(3) If the land is being retumed to the original ewner or owners or their legal heirs, as the case may tre, the compensation paid to them. excluding solatium shall be returned and deposited by them in the designated account of the office of the Collector as specified by him before taking possession of the land and the amount so refunded shall be used towards development of culturable wastelands.

(a) If the Requiring Body does not handover possession of the said land to Collector, the Collector shall be competent to take the help of the concerned Executive Magistrate and police force to take the possession after giving prior notice to the Requiring Body.

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZE:rIE, AUGUST 30,2OI8 7 FORM.I I See rule 3(1) ] Request for Acqulsitlon of Land From:

Name and/or Designation of the Requiring Body To:

L The Collector District .

2. Commissioner, Rehabilitation and Resettlement, It is requested to acquire................hectare(s) of land for which.......

project/purpose and the details are furnished in Annexures 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 five 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. All further necessary information and assistance will be provided on the date/time appointed/stipulated by you.

Youn falthfully Rcqulrlag Body Annexure-I Name of the prolect :-

(1) Name of the village-

(2) Name of the Taluk/Sub-division/Tehsil/Block (as applicable)-

(3) Name of the Municipality/Municipal Corporation-

(4) Name of the District-

(5) Survey Nos. to be acquired-

(6) Total area under request (in hectares /sq. metres)

(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 irrigaied multi-cropped land

(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.

Requtrlng Body 8 THEANDAMANAND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 30,2OI8 Anncxure -II Nanc of the Prolect :'

l. Department or Government or company, Local Authority, Institution:

2. Official designation of tlle Requiring Body:-

3. Purpose of acquisition (in detail) :-

4. Whether the rlquest is mea u/s 2(1) of the Act by the Government or Department for its ' own use hold and control :-

5. Whether the request is filed u/s 2(1)(a) to 2(1) (f)of the Act :-

6. Whether tJre request is filed u/s 2(21(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 request is filed u/s 40 of the Act :- g. If so, on what ground ?

10. Has the hnd for the project been partially purchased from the owners by private ,,. il"53jtlt#n'.t date and on what terms (please state the terms of negotiation in short and attach the coPY of it)

12. Date of issui -of administrative approval for the project (copy to be attached) in case of Government or Department or loqal authority.

13. Reasons for delay in, filing request, if request is Iiled after six weeks from.the date of administrative aiproval oi ttre project in case of Government or Department or lpcal Authoriff.:,i,'.

14' By what time possession of the land is required' ' Rcqurrlng Body Annoarre-III Certlflcate to be furnlshed along wlth the request for acqulsltlon of land by the Requlrlpg' Body Name of the prolect :-

(l) Certified that the project for which administratively aPProved vide Department letter No. : ..............'., dated.....

attached), (if applicable) the land is sought to be acquired has been ,..........for acquisition under the Act (Copy of letter

(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 Requiring Body undertakes to pay the full qlaou-nt_in case _of 'decree by the Land Rcquisition, ReiraUiliLtion. and Resettlemeni Authority / High Court / Supreme Court as and whin asked to do so by the Collector.

Rcqulrlng BodY THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 30,2018 9 NORU II I See rule 5(1) | PrellEharv Ivotlflcatlor DatedNo.

investigation is as follows (Attach copy of SLA report):

Whereas, it appears to the aPpropriate Government that a total of"""" " """""'hectares land is required in1he............ '...Village """"""': "'t" """' Taluk/ Sub-division/Tehsil/Block (as applicable).......'.........". "District for p"tfid purpose, namely, "" "' "" "'Social impact essessment Study wai carried out by Social Impact Assessment (SIA) Unit and a report suimitted / preliminary investigation was conducted by a team constituted by collector as laid down under- rule 4 The sui.mary of the Social Impact Assessment Report/ preliminary (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 above said project in the .'...'.........Village of..."""""""""""""" Taluk/ Sub-division/Tehsil/Block (as applicable)...'.'......'...'....."....." "'District a piece of land whose detail description is as following, is under acquisition:

81. No. Sutwey IYo.

Typo of ttUG Ilpe of leud uader aao aad ulaltlon of ln hcctarel rerted Tvpe Pllnth Area T'rees Vadetg Mnrber This notifrcation is made under the provisions of section r1(r) of the Right to Fair compensation and Transparency in Land acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), to all whom it may concem.

A plan of the land may be inspected in the office of the Collector and ---------------------- on any working day during the working hours.

The Govemment is pleased to authorise olficer.............and his staff.........to enter upon and suwey 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 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 l5 of the Act before Collector.

Since the land is urgently required for the project falling within the purview of section 4O(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: Collector Structr.r?s 10 ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE , AUGUST 30,2018 Form No. III ISeerule6] NOTICE BY COLLEICTOR Notice is hereby given that the land specified in the Schedule below and situated in the village of ------intheTaluk/Sub.division/Tehsil/Block(asapplicable) accordance with the notification under'section-11(l) of ihe Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and Resettliment Act, 2013- (30 of 2013)published by the Collector at page --- of part I of the (name of State/UTi Gaz'ette, dated ---------- --- All persons interested in the iand are accordingly required tofile their objections before ------------- _______within sixty {60) days from the date of publication of the above preliminary notification, a statement inwriting of their objection, if any, to the acquisition of thJsaid land.

Any objection statement which is received after the due date or which does not clearly explain the nature of the senders interest in the lands is liable to be summarily rejected.

objections received within the due date, if any, will be enquired into or, --l----------- at ---------- -----:------ when the objectors will be at liberty to appear in person or by Advocate and to adduce any oral or documentary evidence in support of ttreir ohjections.

Schedule sl.

No.

Survey No. Total area in hectares Area in hectares' under acquisition Name and address of the person interested Boundaries N.S.E.W.

Details of trees, structures etc., if any

(l) (21 (3) (4t (s) (6) (7t Place :

Date:

Collector THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 30,2018 ll FrORU IV ISeerule9l Format for Developnent Plea under Rohsbllltatlon and Rcrcttlornent rcheme for Schedulcd Carter/ Scheduled Trtber fanlllcr dlrnlaaed duc to laad aoqulrtttoa sl.

No.

Naae of clalmant / famlly head Peraanent eddrcgr Entltlenentr (See rectlon 31r 41 end Socond Schedule to the Actf RenarLg

11. Land up to 0.4 Hectare for agricultural, I horticultural, cattle gradng field per I family shall be provided.

?. Provision of dwelling housing unit per family, drinking water facility, toilet etc., p. One time financial assistance of one lakh fifty thousand rupees per family shall be given.

4. For landless laborers employment shall be provided under Mahatma Gandhi National Rural Employment Guarantee Scheme or/and any other job providing ] Scheme of the Government. l

5. Skill development through different I training programs for the youth ofl affected family.

I6. Subsistence grant for displaced family I equivalent to three thousand rupees per month for a year from the date of award.

7. For cattle shed and petty shop, minimum twentyi five thousand rupees.

8. Alternative fuell fodder and non-timber forest produce resources on no-forest land, for alfected members of Scheduled Castes.

9. Fishine Riehts.

(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,

(c) Programme for development of alternate fuel, fodder and non-timber forest produce resources on non- forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes under section 41(5) of the Act.

THE ANDAMAN AND NICOBAR EXTRAORDIN ARY GAZETTE, FORTV [See rule lol Iroclaratlor bv S.GretarY. RsvsEuG DGIT ttEert AUGUST 30,2OI8 t2 Dated------------------- Whereas, it appears to ttre Government that a total of""""""hectares land is- required in the Village....... '... '.....-.-.---'...-""" " """"" "' ""'Taluk/Sub-division/Tehsil/Block (as ioptt"G....... District......."'..."""forpubtcpurpose'namely'"""""' Therefore aechrauon is- maa" tlr"t a piice of iand measuring ...... hectares is under ""qri"iiorr-io.-tfr" abwe said project in the Viilage Taluk/Sub-division/Tehsil/Block (as applicable) '. ...........'..:-. bi"tti"t----------- whose detailed description is as This declaration is made after hearing of objections of persons interested and due enquiry ." prrrri-a"a ,1" rs or the Right to Fair co-mpeniation and Transparency in I31d- Acquisition, Rehabilitation and Resettteme-nt Act, 2013 (30 of 2Or3)' The number of families likely to be reset i"J a"" to f""a acquisition is..........,..for whom res€ttlement area has been ideirtifred, whose brief description is as following :- following :

al.

llo.

Surrey No Typc of tltlc Tnre of tard NatoeArcr undct acqul3ltlo!

(la hccterof eddrcr of Pcnoa tntorcrtod Bouldgrles l{ I E. w T?ees Varlety I|&.tmber Strrtcrtt,'re APc Pllnth dr.e,d Village...........................Taluk/Sub-division/Tehsil/ Block (as apPlicable).................District Area (in hectares|.

A plan of the land maY be insPected in the office of the Land Acquisition Olficer and""'""' " ' on any working day. A summary of the Rehabilitation and Resettlement Scheme is appended' Encl : Ar above Secrctary, Revenue DePartt[eDt 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 qnd minerals which may be required to L" d.,rg o, removed o, ,""d during the construction phase of the project for tlle purpose of whichlhe land is being acquired, arq not needed.

No. :

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 30,2018 13 Land Acquisition case No. :

If under section 4O(1) the number and date of the order of Government giving authority to do so.

D.tc:

Name of the Project - Number and date of declaration under which the land is to be acquired an numtuation theonfieldofberthe plotBheln ctarest landtheexten ofandsi ifmileberm oftheth untedtua wl planln sthichma villagesurvey p ption irrigationtivated, Ifetchomesteadcu tiI tedvafallowwhetheretheofscnDe land, erc oftivatedul Sou7chow Names of pcrsons interested in the land and the nature interests.

of their respective Aadhaar No. of such Persons nt allowed for the land itself, buildings etc., if anYwithout trees, Amount allowed out of such sum as comp€nsa in the l,and the tenants interestedtion for Basis of calculation:

Amount allowed for trees, houscs or any other immovable ProPerty nt allowed for crops.

Additional compensation on the mar value under section 3O(3)ket Damages under scction 28 of Act 30 of 2013 Solatium u/e 30(l) otal of amounts of Government Revenue, or of the capitalised value paid, the date from which the abatement takes effect.

Particulars of abatement AppotuolDatrt of thc atrolllt of cot[lrcmauo!

E!L alc Ilo.

Ifo. psyrblG to oaoh tr.Ec of cblneatro.

Area (in hectares) Date on which possession was taken u/s. 38(l) and +O1t; of act 30 of 2013.

I I I I i !

I I I I i I l :

i I i I i, I i rORII VI ISee rule 11] Lnd Acqulrltlot! Asatd 8E!.ture + Bank account details to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant.

the 14 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZE'I'TE, AUGUST 30, 2018 F'ORU VII ISee rule ll ] Avard for Rehabllltatloa aad Rerettlernent Land Acquisition case No. :

I of the ber and date of declaration under hich land is to be uiredum tion and extent of the land in which situated with the num in hectares , the number of ber of milethe plots on the suney if etc of the hou tran tion housrng allowancesporta annsing s, uityt subsistence cattleploymen t,gran one resettlemenpetty t respective bilitation ame Narne ofs s lntereSted theln landPerson and nathe ofture their for reha reand t.settlemen (in t of the tof sation l.

o.

ame of ts/ titlements tation t o !)

o t) Eq) o ,,t( House to allotted l,and to allotted OIIer for Annuity/ Subsiste grant Ttanspor Yiii) One time ix) Fishing x) One time gistration vii) i) i) iv) v) Stamp uty and ped t cogt, tto ts Cattle , Petty small and others units, cost, shed, timeshop, c.

. THE ANDAMAN AND NICOBAR EXTRAORDINARY AUGUST 30,2018 15 on which Rehabilitation and Resettlement entitlements the affectedgiven to7 9 t allowed for trees, houses or any immovable things.other

10.

11. compensation on the market value section 30(3)under t2. 28 ofAct 30 of2013under section

13.

L4

15. of abatement of Government Revenue, or capitdised rralue Paid, the from which the abatement takes effect.

of the G.

*each of the arnount (in hectares) possession taken 38( 40( I30of 20 3Iand I Actofsection Iwas. underwhichon16.

If under section 4O(U, the number and date of the order of Government giving authority to do so.

Adtnltst D.K. Jorhl wsu, Avsu, YsU' IfU' VsU (&td.l Lieutenant Governor, Andaman & Nicobar Islands' By order and in the name of the Lt. Governor, A & N Islands, sd./- Arrlrtant SccretatY (Rcvenuef A & N Administration MGPPB- 275 / Gaaettel 2OlS* 25 Copies. (SB-HCL-XII) a S[DrtuteDetc:

r Bank account details to be collected in all cases where Aadhaar number is not available or Aadhaar is not seeded in the bank account of the claimant'

8.

crops.

u/s \ \

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