(1) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Deputy Commissioner, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, under sub-section (1) of section 16 of the said Act, in such manner and within such time as prescribed.
Under sub-sections (1) and (2) of section 17 of said Act, the Deputy Commissioner shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator. The “Rehabilitation and Resettlement Committee” shall review the implementation of the schemes at the project level constituted under section 45.
(2) The Deputy Commissioner shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner, Rehabilitation and Resettlement for approval of the Scheme.
(3) Under sub-section (1) of section 19 of the said Act, when the Revenue Department is satisfied, after considering the report, if any, made under sub-section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the “resettlement area” for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of the Secretary to Government, Revenue Department or of any other officer duly authorized to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).]1
1. Inserted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 44
69. Where acquisition is resorted to under the normal procedure, a report 1[under section 15, 16 and 17] 1of the said Act 1[shall]1 have to be considered by Government before issue of declarations 1[under section 19]1 of the said Act. At this stage the Administrative Department of Secretariat 1[shall]1 be consulted before sanctioning acquisition of lands in the following classes of cases even though no objections have been preferred to the proposed acquisition:
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
(i) the schemes for which land is being acquired have not received sanction from the competent authority; or
(ii) the funds required for meeting the cost of acquisition have neither been deposited nor made available for payment from out of allotment included in the budget; or
(iii) it appears from subsequent reports that the cost of acquisition is likely to be substantially more than the originally estimated cost, although provision for the additional expenditure may have been made.
70. Where objections are received in response to Preliminary Notification and the Revenue Department after consideration of such objections feels that acquisition 1[shall]1 be proceeded with inspite of the objections raised 2[upon such report],2 further action may be taken by the Revenue Department itself without consulting the acquiring Department except in cases of extraordinary importance and complexity.
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
2. Inserted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
71. Where the report 1[under sub-section (1) of section 15]1 of the said Act recommends to drop the acquisition or modify the proposals in view of the objections filed, the papers 1[shall]1be 45 transferred to the Administrative Department concerned in the Secretariat for obtaining final orders of the Minister-in-charge of the Department on the proposals contained in the report.
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 1[72. Where the Revenue Department proposes to effect any modification in the proposals approved by the Department sponsoring acquisition, either at the stage of consideration of the report under sub-section (1) of section 15, sections 16 and 17 of the said Act or in proceedings initiated on an application under section 36 of the said Act, the papers shall be transferred to the Administrative Department concerned in the Secretariat for obtaining final orders of the Minister-in-charge and returning the papers to the Revenue Department for further action in accordance with such decision within the prescribed time.]1
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 F. Stores Purchase 2[1(72-A) XXX]1] 2
1. Inserted by Notification No. DCA 16 ARB 83, dt: 29.11.1983
2. Omitted by Notification No. DPAR 6 ARB 2006, dt: 29.08.2006 2[1[G. Department of Public Enterprises]2 1[72-B. All Administrative Departments shall consult the 2[Department of Public Enterprises]2 on any proposal specified in item 16 of the First Schedule before soliciting approval of the Cabinet.]1
1. Inserted by Notification No. DCA 7 ARB 1984, dated 7th November 1984
2. Substituted by Notification No: DCA 3 ARB 2006, dt. 05.09.2006 KGD Ex.
dt:05.09.2006 46
PART-IV MISCELLANEOUS