Section 17 Land Acquisition Act 2013 - Review of Rehabilitation and Resettlement Scheme

Section 17 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 governs the review of the draft Rehabilitation and Resettlement Scheme prepared under Section 16. The Collector reviews the draft Scheme with the project-level Rehabilitation and Resettlement Committee and then submits it with suggestions to the Commissioner for Rehabilitation and Resettlement for approval.

Section 17 - Review of Rehabilitation and Resettlement Scheme

Purpose of Section 17

Section 17 forms the review and approval stage between preparation of the draft Rehabilitation and Resettlement Scheme under Section 16 and publication of the approved Scheme under Section 18. The provision requires institutional review at the project level before the draft Scheme is placed before the Commissioner for approval.

How the Review Process Works

Connection With Section 16

Section 16 requires the Administrator to conduct a survey and census of affected families, prepare the draft Rehabilitation and Resettlement Scheme, publicise and discuss it locally, conduct the prescribed public hearing and submit the draft Scheme to the Collector with a specific report on the claims and objections raised. Section 17 begins once that submission has been made.

Rehabilitation and Resettlement Committee Under Section 45

Section 17(1) specifically requires the Collector to conduct the review with the Rehabilitation and Resettlement Committee at the project level constituted under Section 45. Section 45 provides for constitution of a Rehabilitation and Resettlement Committee at the project level where land proposed to be acquired is equal to or more than one hundred acres.

The Committee is intended to monitor and review progress in implementation of the Rehabilitation and Resettlement Scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and Municipality in urban areas.

Role of the Collector

The Collector is not merely a forwarding authority under Section 17. The statute expressly requires the Collector to review the draft Scheme with the project-level Committee and to submit the Scheme with suggestions to the Commissioner for Rehabilitation and Resettlement.

Role of the Commissioner for Rehabilitation and Resettlement

The draft Scheme reaches the Commissioner after the Collector's review. Section 17(2) identifies the Commissioner for Rehabilitation and Resettlement as the authority to whom the draft Scheme and the Collector's suggestions are submitted for approval. The approved Scheme is then dealt with under Section 18.

What Happens After Approval?

Under Section 18, the Commissioner must cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the prescribed local bodies and specified government offices, publish it in the affected areas in the prescribed manner, and upload it on the website of the appropriate Government.

Relevant Definitions and Related Provisions

The rehabilitation and resettlement framework should be read with the definitions in Section 3, including definitions relevant to affected families, the Administrator, land owners, persons interested and the Requiring Body. Section 17 should also be read with Sections 16, 18 and 45 and with the applicable Central or State rules made under the Act.

Official Legal Sources

This article explains the central statutory provision for general legal information. State amendments, applicable rules, notifications, judicial decisions and the facts of a particular acquisition may affect the legal position in an individual matter.