CHAPTER – I: POLICY
1.1 Compulsory acquisition of land for public purpose including infrastructure projects displaces people, forcing them to give up their home, assets and means of livelihood. Apart from depriving them of their lands, livelihoods and resource-base, displacement has other traumatic psychological and socio-cultural consequences. The Government of India recognizes the need to minimize large scale displacement to the extent possible and, where displacement is inevitable, the need to handle with utmost care and forethought issues relating to Resettlement and Rehabilitation of Project Affected Families. Such an approach is especially necessary in respect of tribals, small & marginal farmers and women.
1.2 The system of extending cash compensation does not, by itself, in most cases, enable the affected families to obtain cultivable agricultural land, homestead and other resources which they have to surrender to the State. The difficulties are more acute for persons who are critically dependent on the acquired assets for their subsistence/ livelihoods, such as landless agricultural workers, forest dwellers, tenants and artisans, as their distress and destitution is more severe, and, yet they are not eligible for cash compensation.
1.3 Some States and Central Ministries/Departments have their own Policies and Guidelines for Resettlement and Rehabilitation. However, a National Policy on Resettlement and Rehabilitation of Project Affected Families (PAFs) has not so far been enunciated. This Document aims at laying down basic norms and packages in the shape of a Policy which would, henceforth be referred to as the National Policy on the Resettlement and Rehabilitation of Project Affected Families - 2003 (NPRR-2003).
1.4 The Policy essentially addresses the need to provide succour to the assetless rural poor, support the rehabilitation efforts of the resource poor sections, namely, small and marginal farmers, SCs/STs and women who have been displaced. Besides, it seeks to provide a broad canvas for an effective dialogue between the Project Affected Families and the Administration for Resettlement & Rehabilitation. Such a dialogue is expected to enable timely completion of projects with a sense of definiteness as regards costs and adequate attention to the needs of the displaced persons especially the resource poor sections. The intention is to impart greater flexibility for interaction and negotiation so that the resultant Package gains all-round acceptability in the shape of a workable instrument providing satisfaction to all stakeholders/ Requiring Bodies.
1.5 The National Policy on the Resettlement and Rehabilitation of Project Affected Families will be in the form of broad guidelines and executive instructions for guidance of all concerned and will be applicable to Projects displacing 500 families or more enmasse in plain areas and 250 families enmasse in hilly areas, Desert Development Programme (DDP) blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India. It is expected that the appropriate Government and Administrator for R&R shall implement this Policy in letter and spirit in order to ensure that the benefits envisaged under the Policy reaches the Project Affected Families, especially resource poor sections including SCs/STs.
1.6 The rehabilitation grants and other monetary benefits proposed in the Policy would be minimum and applicable to all project affected families whether belonging to BPL or non-BPL families. States where R&R packages are higher than proposed in the Policy are free to adopt their own packages.
CHAPTER – II
2. OBJECTIVES OF THE POLICY
2.1 The objectives of the Policy are as follows:?
a) a) To minimize displacement and to identify non-displacing or least-displacing alternatives;
b) b) To plan the resettlement and rehabilitation of Project Affected Families, (PAFs) including special needs of Tribals and vulnerable sections;
c) c) To provide better standard of living to PAFs; and
d) d) To facilitate harmonious relationship between the Requiring Body and PAFs through mutual cooperation.
CHAPTER - III
3.1 The Definition of various terms used in this Policy Document are as follows:
(a) “Administrator for Resettlement and Rehabilitation” means an officer not below the rank of District Collector of the State Government appointed by it for the purpose of resettlement and rehabilitation of the Project Affected Families of the Project concerned provided that if the appropriate Government in respect of the project is the Central Government, such appointment shall be made in consultation with the Central Govt.
(b) “affected zone”, in relation to a project, means declaration under para 5.1 of this Policy by the appropriate Government area of villages or locality under a project for which the land is being acquired under Land Acquisition Act, 1894 or any other Act in force or an area that comes under submergence due to impounding of water in the reservoir of the project;
(c) “agricultural family” means a family whose primary mode of livelihood is agriculture and includes family of owners as well as sub-tenants of agricultural land, agricultural labourers, occupiers of forest lands and of collectors of minor forest produce;
(d) “agricultural labourer” means a person normally resident in the affected zone for a period of not less than three years immediately before the declaration of the affected zone who does not hold any land in the affected zone but who earns his livelihood principally by manual labour on agricultural land therein immediately before such declaration and who has been deprived of his livelihood;
(e) “agricultural land” includes lands used or capable of being used for the purpose of-
(i) agriculture or horticulture;
(ii) dairy farming, poultry farming, pisciculture, breeding or livestock and nursery growing medical herbs;
(iii) raising of crops, grass or garden produce; and
(iv) land used by an agriculturist for the grazing of cattle, but does not include land used for the cutting of wood only;
(f) “appropriate Government” means,-
(i) in relation to acquisition of land for the purposes of the Union, the Central Government;
(ii) in relation to a project which is executed by Central Government agency/Central Government undertaking or by any other agency on the orders/directions of Central Government, the Central Government, otherwise the State Government and
(iii) in relation to acquisition of land for other purposes, the State Government.
(g) ‘BPL Family’: The Below Poverty Line Families shall be those as defined by the Planning Commission of India from time to time.
(h) “Commissioner for Resettlement and Rehabilitation”, in relation to a project, means the Commissioner for Resettlement and Rehabilitation appointed by the State Government not below the rank of Commissioner/Secretary of that Government.
(i) “Displaced family” means any tenure holder, tenant, Government lessee or owner of other property, who on account of acquisition of his land including plot in the abadi or other property in the affected zone for the purpose of the project, has been displaced from such land or other property;
(j) “family” means Project Affected Family consisting of such persons, his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him and dependent on him for their livelihood.
(k) “holding” means the total land held by a person as an occupant or tenant or as both;
(l) “marginal farmer” means a cultivator with an unirrigated land holding upto one hectare or irrigated land holding upto half hectare;
(m) “non-agricultural labourer” means a person who is not an agricultural labourer but is normally residing in the affected zone for a period of not less than three years immediately before the declaration of the affected zone and who does not hold any land under the affected zone but who earns his livelihood principally by manual labour or as a rural artisan immediately before such declaration and who has been deprived of earning his livelihood principally by manual labour or as such artisan in the affected zone;
(n) “notification” means a notification published in the Official Gazette;
(o) “occupiers” means members of Scheduled Tribe community in possession of forest land prior to 25th October, 1980;
(p) “project” means a project displacing 500 families or more enmasse in plain areas and 250 families or more enmasse in hilly areas, DDP blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India as a result of acquisition of land for any project.
(q) “project affected family” means a family/person whose place of residence or other properties or source of livelihood are substantially affected by the process of acquisition of land for the project and who has been residing continuously for a period of not less then three years preceding the date of declaration of the affected zone or practicing any trade, occupation or vocation continuously for a period of not less than three years in the affected zone, preceding the date of declaration of the affected zone.
(r) “Resettlement zone”, in relation to a project, means the declaration of any area under Para 5.12 of this Policy by the appropriate Government acquired or proposed to be acquired for resettlement and rehabilitation of Project Affected Families as a resettlement zone ;
(s) “Requiring Body” shall mean any company, a body corporate, an institution, or any other organization for whom land is to be acquired by the appropriate Government, and includes the appropriate Government if the acquisition of land is for such Government either for its own use or for subsequent allotment of such land in public interest to a body corporate, institution, or any other organization or to any company under lease, license or through any other system of transfer of land to such company, as the case may be.;
(t) “small farmer” means a cultivator with an unirrigated land holding up to two hectares or with an irrigated land holding up to one hectare.
CHAPTER - IV
4. APPOINTMENT OF ADMINISTRATOR AND COMMISSIONER FOR RESETTLEMENT AND REHABILITATION AND THEIR POWERS & FUNCTIONS
4.1 Where the appropriate Government is satisfied that acquisition of land for any project involves displacement of 500 families or more enmasse in plain areas and 250 families or more enmasse in hilly areas, DDP blocks, areas mentioned in Schedule V and Schedule VI of the Constitution of India as a result of acquisition of land for any project, it shall, by notification, appoint in respect of that project, an officer not below the rank of District Collector of the State Government to be the Administrator for R&R in respect of that project.
Provided that if the appropriate Government in respect of the project is the Central Government, such appointment shall be made in consultation with the Central Government.
4.2 The Administrator for Resettlement & Rehabilitation shall be assisted by such officers and employees as the appropriate Government may provide.