RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
(1) These rules may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) (Manipur) Rules, 2014.(2) They extend to the whole of the State of Manipur.(3) They shall come into force on the date of their final publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires,-(a) "Act" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);(b) "Form" means Form appended to these rules; (c) "Social Impact Assessment" means an assessment being made under sub-section (1) of section 4 of the Act; .(d) "Social Impact Management Plan" means the plan prepared as part of Social Impact Assessment Process under sub-section (6) of section 4 of the Act;(e) Section" means section of the Act.(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.
(1) The State Government shall, for the purpose of the Act, issue a notification for carrying out Social Impact Assessment (hereinafter Social Impact Assessment inU+02B9short) in accordance with Part-B of Form-I of these rules regarding the commencement of Social Impact Assessment and the same shall be made available in the local language to the Panchayat or the District Council or the Municipality and in the offices of the Deputy Commissioner, the Sub-Divisional Magistrate and the Sub-Deputy Collector and shall be published in the form of posters and pamphlets circulated in the affected area, and by affixing the posters at conspicuous places in the affected areas and shall be uploaded on the website of the State Government:Provided that such notification shall be issued within thirty days after the deposit of the processing fee for carrying Social Impact Assessment by the Requiring Body, which shal
(1) The State Social Impact Assessment Unit constituted by the State Government 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 for all cases of land acquisition under the Act.(2) The State Social Impact Assessment Unit shall undertake the following tasks, namely:- (a) build and continuously expand a State Database of Qualified Social Impact Assessment Resource Partners and Practitioners, which will serve as a network of individuals and institutions with the required skills and capacities to conduct Social Impact Assessments for land acquisition and Rehabilitation and Resettlement; (b) respond immediately to the State GovernmentU+02B9s request for an Social Impact Assessment to be conducted by preparing a project-specific Terms of Reference;
(1) Where the State 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, which shall —(a) prepare a detailed project-specific Terms of Reference for each proposal of land acquisition, listing all the activities that must be carried out indicating the appropriate team size (and number of field teams) and profile of the team members, and stipulate the schedule and deadlines for key deliverables for the Social Impact Assessment as detailed in Part-A of Form-I to these rules; (b) determine an estimated Social Impact Assessment fee based on the Terms of Reference with clear break-up of costs for each item or activity. The fee amount shall be based on the parameters defined by the State Government including area, type of project and number of affected families. (2) T
(1) The State Social Impact Assessment Unit shall be responsible for selecting the Social Impact Assessment team for each project from the individuals and institutions registered or empanelled in the State Database of Qualified Social Impact Assessment Resource Partners and Practitioners.(2) The Requiring Body shall hot be involved in any way in the appointment of the Social Impact Assessment team being appointed to carry out the Social Impact Assessment.(3) The size and selection criteria for the Social Impact Assessment team shall be as per the project-specific Terms of Reference developed by the State Social Impact Assessment Unit.(4) The Social Impact Assessment team may be constituted by appointing individuals or an organization with experience in conducting Social Impact Assessments or related field- -based assessments and the team may include—(a) a combinatio
(1) The Social Impact Assessment 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 Social Impact Assessment team throughout the Social Impact Assessment process, as required. Any request for information from Social Impact Assessment team shall be met at the earliest but not exceeding seven days. The Deputy Commissioner shall be responsible for providing the information requisitioned by the Social Impact Assessment team.(3) A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projec
(1) Public hearings shall be held in the affected areas to bring Out the main findings of the Social Impact Assessment, seeking feedback on the findings and to seek additional information and views for incorporating the same in the final documents.(2) Public hearings shall be conducted in all Gram Sabhas or Village Authorities where more than twenty-five per cent of the members are directly or indirectly affected by the acquisition of the land.(3) The date and venue of the public hearing must be announced and published three weeks in advance through public notifications and posters in all the villages within a radius of five kilometres of the land proposed to be acquired, advertisement in local newspapers, radio, and through direct communication with Gram Panchayat or Municipal Ward or Village Authority representatives and by uploading the information on the website of the State Government
The final Social Impact Assessment Report and Social Impact Management Plan shall be prepared in the local language and shall be made available to Panchayat, Municipality or District Council, as the case may be, and the offices of the Deputy Commissioner, the Sub-Divisional-Magistrate-and-the-Sub-DeputyGollector-and-shall-be-propagated in the form of posters circulated in the affected areas by affixing the posters in conspicuous places and shall also be uploaded on the website of the State Government.
The Social Impact Assessment Report and Social Impact Management Plan shall be formulated keeping in view all the relevant information and analysis in a single document and reduced to writing that is clear, concise and accessible, in particular to the members of the affected communities.
(l)The Expert Group constituted under sub-section (1) of section 7 of the Act shall evaluate the Social Impact Assessment report and shall make its recommendation to that effect within a period of two months from the date of its constitution.(2) The recommendations of the Expert Group shall be made available in the local language to the concerned Panchayat, Municipality or District Council, at village level or ward level in the affected areas and in the Offices of the Deputy Commissioner, the Sub-Divisional Magistrate and the Sub-Deputy Collector and shall be published in the form of posters circulated in the affected areas and by affixing them in conspicuous places in the affected areas and shall be uploaded on the website of the State Government.
(1) The State Government shall examine the Social Impact Assessment report, the recommendations of the Expert Group, report of the Collector, if any, and recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.(2) The recommendation of the State Government under sub-section (1) shall be made available in the local language to the concerned Panchayat, Municipality or District Council at village level or ward level in the affected areas and in the Offices of the Deputy Commissioner, the Sub-Divisional Magistrate and the Sub-Deputy Collector and shall be propagated in the form of posters circulated in the affected areas and by affixing the posters in conspicuous places and shall also be uploaded on the website of the State Government.
The State Government shall create a dedicated, user-friendly website that may serve as a public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the Social Impact Assessment and tracking each step of decision-making, implementation and audit.
Parameters and a table of contents for the Social Impact Assessment Study and the Social Impact Management Plan are given in Form-II.
To ensure acquisition of minimum amount of land and to facilitate the utilization of unutilized public lands, the State Government shall prepare a district level inventory report of waste, barren and unutilized public land, and land available in the Government land bank and shall be made available to the Social Impact Assessment team and the Expert group. The inventory report shall be updated from time to time.
(1) The State Government, through the concerned Deputy Commissioner, shall obtain prior consent of the affected land owners in PART-A of Form-IV along with the Social Impact Assessment study.(2) The exercise of obtaining the consent shall be undertaken by the State Government through the concerned Deputy Commissioner, who may appoint owners under his control to assist him in the process of obtaining the prior consent.(3) The State Government shall take necessary steps for updating the records relating to land rights, title in the land and other revenue records in the affected areas, so that the names of land owners, occupants of the land and individuals be identified for initiating the prior consent process and land acquisition.
(l) The Deputy Commissioner shall in consultation with the representatives of the Gram Panchayats or Autonomous District Councils notify the date, timing and venue for holding special Gram Sabhas in the affected areas three weeks in advance and conduct public awareness campaign to motivating members of the Gram Sabhas to participate in the Gram Sabhas.(2) The names and signatures of all the members who attended the meeting of the Gram Sabha shall be taken and kept in the records.(3) The quorum shall be at least fifty per cent of the total members of the Gram Sabha for considering the consent as valid: Provided that one third of the total women members of the Gram Sabha shall also be present in the Gram Sabha meeting.(4) Printed copies with the proposed terms and conditions for compensation, rehabilitation and resettlement shall be made available in the local language at
(1) In Public Private Partnership projects and projects by private companies, a list of all affected land owners from whom consent is required to be obtained shall be drawn up by district officers in consultation with the Social Impact Assessment team. The list shall be made available in the affected area, in the form of posters and handouts and by displaying the list in conspicuous places of the affected areas for at least ten days before obtaining consent. (2) In case of any objection, the consent of the objector shall also be taken, and the reasons for doing so shall be recorded in writing and conveyed to the concerned person within ten days. ;(3) The Deputy Commissioner shall in consultation with the representatives of Gram Panchayats, Autonomous District councils or municipality or as the case may be, notify the date* time and venue at least three weeks in advance, for holding-the aff
(1) The State Government shall notify and publish the date, time and venue of Gram Sabhas, Panchayats or Autonomous District Council meetings (in cases where Gram Sabha does not exist or has not been constituted) and affected land owners meetings for obtaining the consent and organise public awareness campaigns to encourage Participation of the affected land owners in the consent processes.(2) The State Government shall ensure that the following are provided at least three weeks in advance to every member from whom consent is sought, in the local language, namely:-(a) a copy of the draft Social Impact Assessment report (if readily available) ^ in the local language;(b) initial package using offered for compensation and Rehabilitation and Resettlement;(c) a list of the rights currently enjoyed by the village and its residents under. revenue laws, Forest Rights Act and ot
The Requiring Body shall appoint representatives competent to take decisions and negotiate terms and condition of compensation and Rehabilitation and Resettlement, who shall be present in the meetings of affected land owner for obtaining the consent and reply to the queries raised by the land owners.The Requiring Body shall provide all the information on the project, prior to the taking of consent as well as any additional information, if required.Form-IPart -A. Terms of Reference and Processing Fee for the Social Impact Assessment(See sub-rule (I) of rule 5)The State Social Impact Assessment Unit will review the proposal for land acquisition sent by the State Government and produce a project-specific Terms of Reference and budget. Based on the Terms of Reference and budget, a processing fee will be determined, which must be deposited by the Requiring Body bef
Section 20 of the Act mandates the process of land measurement and planning essential for land acquisition, ensuring transparency and accuracy in the process. It emphasizes the role of the Collector in marking, measuring, and preparing plans of land proposed for acquisition, which is fundamental to fair compensation and proper rehabilitation.
Section 20 requires the Collector to cause the land to be marked out and measured, and to prepare a plan if none exists. This process is to be undertaken unless a plan has already been created under section 12. The section aims to facilitate transparent and precise land acquisition by ensuring proper documentation and measurement.
Section 20 applies to all land proposed for acquisition under the Act, ensuring that the process of measurement and planning is conducted transparently. It is integral to the land acquisition process, impacting the determination of compensation and safeguarding the rights of landowners. It also ensures that land is correctly identified and demarcated before the acquisition proceedings proceed further.
The Act does not specify explicit punishment for non-compliance with Section 20. However, failure to adhere to proper measurement and planning procedures could lead to legal challenges, delay in proceedings, or invalidation of acquisition processes, as improper demarcation can violate principles of transparency and fairness.
Legal Comments Summary:- "Transparency" - Ensures accurate land demarcation, vital for fair proceedings [00400055192].- "Collector's Role" - Central to proper measurement and plan creation [Chinchwad Devasthan Trust VS Pimpri Chinchwad Municipal Corporation Through Commissioner PCMC Office].- "Procedural Safeguard" - Proper measurement prevents disputes and protects landowners [Azad Singh VS Union of India].- "Impact on Compensation" - Accurate measurement influences fair valuation .- "Administrative Responsibility" - Emphasizes accountability of authorities [00400055192].- "Legal Validity" - Proper execution underpins lawful acquisition [Azad Singh VS Union of India].- "Protection of Rights" - Proper demarcation guards against wrongful acquisition [Sukeshi Vijaybhai Bhatt VS State of Gujarat].- "Implementation Challenges" - Administrative lapses can cause delays [Azad Singh VS Union of India].- "Judicial Oversight" - Courts scrutinize compliance to prevent arbitrariness [00400055192].- "Urban Development" - Critical for transparent infrastructure projects [CNC, Mangalore Kavoor Project Private Limited VS State Of Karnataka Urban Development Department].- "Procedural Integrity" - Upholds constitutional rights [Bali Nagwanshi, Son of Shri Buter Nagwanshi VS State of Chhattisgarh].- "Legal Certainty" - Reduces disputes and litigation [Azad Singh VS Union of India].- "Integration with Social Impact" - Supports comprehensive planning .- "Implication for Compensation" - Measurement accuracy affects valuation .- "No Punitive Provisions" - Emphasizes procedural compliance over punishment [Chinchwad Devasthan Trust VS Pimpri Chinchwad Municipal Corporation Through Commissioner PCMC Office].
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