Second Schedule - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013

Serial number

Elements of Rehabilitation and Resettlement Entitlements

Entitlement/provision

Whether provided or not (if provided, details to be given)

1.

Provision of housing units in case of displacement

(1) If a house is lost in rural areas, a constructed house shall be provided as per the

Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area.

(2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected

area and which has been involuntarily displaced from such area:

Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which

shall not be less than one lakh fifty thousand rupees:

Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house:

Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act.

Explanation.—The houses in urban areas may, if necessary, be provided in multi-storied building complexes.

2.

Land for Land

In the case of irrigation project, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired:

Provided that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower.

2A.

Offer for Developed Land

In case the land is acquired for Developed urbanisation purposes, twenty Land per cent of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development:

Provided that in cases the landowning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it.

3.

Choice of Annuity or Employment

The appropriate Government shall ensure that the affected families are provided with the following options:
(a) where jobs are created through the project, ‘after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or
(b) onetime payment of five lakhs rupees per affected family; or
(c) Annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers.

4.

Subsistence grant for displaced
families for a period of one year

Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. In cases of displacement from the Scheduled Areas, as far as possible, the affected families shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities.

5.

Transportation cost for displaced
families

Each affected family which is displaced shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle

6.

Cattle shed/petty shops cost

Each affected family having cattle or having a petty shop shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be.

7.

One time grant to artisan, small
traders and certain others

Each affected family of an artisan, small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees.

8.

Fishing rights

In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government.

9.

One-time Resettlement Allowance

Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only.

10.

Stamp duty and registration fee

(1) The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body.(2) The land for house allotted to the affected families shall be free from all encumbrances.(3) The land or house allotted may be in the joint names of wife and husband of the affected family.