Section 18 Land Acquisition Act 2013 - Approved Rehabilitation and Resettlement Scheme to Be Made Public
Section 18 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires the approved Rehabilitation and Resettlement Scheme to be made publicly accessible. The Commissioner must make the Scheme available in the local language at specified local bodies and government offices, publish it in the affected areas in the prescribed manner and upload it on the website of the appropriate Government.
Section 18 - Approved Rehabilitation and Resettlement Scheme to Be Made Public
The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and at the offices of the District Collector, Sub-Divisional Magistrate and Tehsil. The Scheme must also be published in the affected areas in the prescribed manner and uploaded on the website of the appropriate Government.
Purpose of Section 18
Section 18 is the statutory disclosure stage for an approved Rehabilitation and Resettlement Scheme. It follows the preparation and public consultation process under Section 16 and the review and approval process under Section 17.
Publication Requirements Under Section 18
| Requirement | Section 18 position |
|---|---|
| Responsible authority | The Commissioner is responsible for causing the approved Rehabilitation and Resettlement Scheme to be made public. |
| Language | The approved Scheme must be made available in the local language. |
| Local bodies | The Scheme must be made available to the Panchayat, Municipality or Municipal Corporation, as applicable. |
| Government offices | Availability is required at the offices of the District Collector, Sub-Divisional Magistrate and Tehsil. |
| Affected area | The Scheme must be published in the affected areas in the manner prescribed by the applicable rules. |
| Online publication | The approved Scheme must be uploaded on the website of the appropriate Government. |
Meaning of Approved Rehabilitation and Resettlement Scheme
The Rehabilitation and Resettlement Scheme originates under Section 16. The Administrator conducts the prescribed survey and census of affected families, prepares the draft Scheme, provides for rehabilitation and resettlement entitlements and implementation timelines, publicises the draft locally and conducts a public hearing. After the hearing, the draft Scheme and a report on claims and objections are submitted to the Collector.
Under Section 17, the Collector reviews the draft Scheme with the project-level Rehabilitation and Resettlement Committee constituted under Section 45 and submits the Scheme with suggestions to the Commissioner for Rehabilitation and Resettlement for approval. Section 18 applies to the Scheme after that approval stage.
Why Local Language Publication Matters
The express requirement that the approved Scheme be available in the local language supports access by affected families and local communities. It enables the Scheme to be examined through local institutions and specified government offices instead of being confined to administrative records.
Publication in the Affected Area
Section 18 requires publication in the affected areas "in such manner as may be prescribed". The detailed publication method therefore depends on the rules applicable to the acquisition. The Central Government has notified the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015, while States may have their own applicable rules where the State Government is the appropriate Government.
Online Disclosure on Government Website
In addition to local availability and publication, Section 18 expressly requires the approved Scheme to be uploaded on the website of the appropriate Government. This online publication requirement forms part of the transparency framework of the Act.
What Comes After Section 18?
The next stage is Section 19, which deals with publication of the declaration and summary of the Rehabilitation and Resettlement Scheme. Section 19 links the formal declaration of acquisition with the rehabilitation and resettlement process.
Relevant Definitions
The expressions used in Section 18 should be read with Section 3 of the Act. Relevant statutory concepts include the "appropriate Government", "affected family" and other defined terms governing acquisition, rehabilitation and resettlement.
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.