(1) The Collector shall also make Rehabilitation and Resettlement Award for each affected family in accordance with the Second Schedule of the Act or as per . the negotiated agreement reached with the affected families where consent is involved and hand over family wise Awards to each affected family in the form-25.
(2) The affected families of the Projects where preliminary notification under sub-section (1) of section 11 of the Act is issued are entitled for receiving elements of rehabilitation and resettlement as per the Second and Third Schedules of the Act.
(3) While offering twenty per cent of the developed land, when the land is acquired for urbanization purposes, then in that case the land used for components of infrastructure amenities shall not be taken into account for the calculation of twenty per cent of developed land. हि
(4) In case of a Project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes and Scheduled Tribes families in scheduled areas, a development Plan shall be prepared by the State Government in consultation with the concerned Social Welfare Department of the State and the Gram Panchayats or urban local bodies in that area. The said Plan shall be read out and discussed at the time of obtaining the consent of the Gram Sabha or the panchayat or the urban local bodies, as the case may be.
(5) Under the provision of section 31 of the Act, the Rehabilitation and Resettlement Award shall be made by the Collector. The Collector shal! seek the prior approval of the Divisional Commissioner/ Commissioner Rehabilitation and Resettlement before making the award of any amount.
(6) The financial limit authorized for declaration of Rehabilitation and Resettlement award will be as fixed by the State Government,
(7) If after the payment of Rehabilitation and Resettlement entitlements as per the award, it transpires that the claimant/claimants is‘/are not exclusively entitled for such or entire amount of entitlements awarded by the Collector and the Government is required to pay any benefits to any other persons, then the claimant/claimants shall on demand refund to the Collector the entire amount of money or the entitlements, as the case may be, received by him/them or such amount as may be determined by the Collector as refundable by him/them to the Government and ‘shall also indemnify (jointly or separately) the Government against any claim or entitlements or part thereof by any other person and against all proceedings and liabilities of any loss or damage suffers or any costs, charges or expenses incurred by Government by reason of the payment to him/them and the claimant/claimants shall pay the interests at the rate of 9% on the amount so refundable for the first year and at the rate of 15 % for the subsequent years.
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(8) If the claimant/claimants fail/fails to refund to the Government the amount or entitlements, as the case may be, mentioned in the previous sub-rule, the Government shall recover the same as arrears of land revenue or proceed under any _ law in force for recovery of such amount.
(9) The Collector shall issue orders for provision of infrastructure facilities and basic minimum amenities specified in the third schedule of the Act for every resettlement area in the form-26.
(10) In case of a project involving land acquisition on behalf of a requiring body which involves involuntary displacement of the Scheduled Castes or Scheduled Tribes families in scheduled areas, a Development Plan shall be prepared by the Collector in consultation with the affected family in the manner provided under section 41(4) of the Act. The said plan shall be read out and discussed during — the public hearing of Rehabilitation and Resettlement schemes. While making the award of Rehabilitation and Resettlement entitlements, the Collector shall passed an orders in form-27.
(11) The provisions relating to Rehabilitation and Resettlement under these rules shall apply in the cases where any person other than a specified person is purchasing land through private negotiations, for an area equal to or more than the limit notified by the State Government.
Compensation 32. (1) The compensation shall be calculated as per the provisions laid down under section 26 to section 30 read with the First Schedule of the Act and paid to all the affected families, as defined under sub-section (c) of section 3 of the Act. The statement of the entire project affected persons who have been paid compensation and Rehabilitation and Resettlement entitlements shall be kept in form-28.
(2) While determining the amount of compensation as required under section 28 of the Act, the Collector can settle down the terms and conditions and rates of the land with the land owners and also consider mutual consent award to minimize the possibilities of litigations, which is in the best interest of equity, justice and beneficial to the affected families and requiring body.
(3) The proportion of Compensation as per the first schedule of the Act, which is to be given to the affected families referred to in sub-clause (ii) of clause (c) of section 3 of the Act, shall be determined by the State Government.
(4) The payment of compensation shall be made within a period of 90 days from the date of award as per the procedure prescribed in Government order no.
A-1-961/X-2012-10(28)/2011, dated 31-1-2013 of Finance (Account) Section-1 by way of E-Payment or any other mode of payment as may be prescribed by the Finance Department of State Government from time to time
(5) The date of determination of the market value shall be the date on which the preliminary notification has been issued under section 11 of the Act.
(6) In all cases of land acquisition, the market value per hectare will be finalised by the acquisition authorities as per the guidelines issued by the State Government, Taking possession 33. (1) The Collector shall cause the possession of the land acquired after of tee tend satisfying the conditions provided under section 38 of the Act. The Collector may appoint any subordinate officer to take possession of the land formally on behalf of the Government and then hand over to the person appointed on behalf of requiring body. The possession memo shall be made at the time of taking possession on behalf of Government and requiring body as well.
(2) In certain cases of urgency the Collector may be empowered by the Government to take possession under sub-section (1) of section 40 of the Act in anticipation of the award. Before taking possession under urgency cases, other than the terms specified under the section, the conditions mentioned in. sub-section (3) _ and (5) of section 40 of the Act must be fulfilled. In such cases the requiring body should be asked to specify the land urgently required.
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(3) Unless possession is taken by the written agreement of the parties concerned, the mode of taking possession obviously would be for the authority to go upon the land and to do some act which would indicate that the authority has taken possession of the land. It may be in the form of a declaration by beat of drum or otherwise or by hanging a written declaration on the spot that the authority has taken possession of the land, The presence of the owner or the occupant of the land to effectuate the taking of possession is not necessary; however signatures of the independent witnesses present at the time of taking possession shall be taken on the possession memo.
(4) No hard and fast rule can be laid down as +9 what act would constitute taking of possession of the acquired land. However, some of the principles laid down for taking the possession of the land are—
(i) If the acquired land is vacant, the act of the concerned State authority to go to the spot and prepare a possession memo, along with the signatures of the villagers/representatives of land management committee, will ordinarily be treated as sufficient to constitute taking of possession;
(ii) If crop is standing on the acquired land or building/structure exists, mere going on the spot by the concerned authority will, by itself, be not sufficient for taking possession. Ordinarily, in such cases, the congerned Authority will have to give prior notice to the occupier of the building/structure or the person who has cultivated the land and take possession in the Presence of independent witnesses and get their signatures on the possession memo. Of course, refusal of the owner of the land or building/structure may not lead to an inference that the possession of the Acquired land has not been taken; ५
(iii) If beneficiary of the acquisition is an agency/institution of the State and condition has been fulfilled in terms of sub-section (3) and sub-section
(5) of section 40 and substantial portion of the acquired land has been utilized in furtherance of the particular public purpose, then it may reasonably be presumed that possession of the acquired land has been taken.