Land Acquisition Act 2013 / Section 31

Section 31 Land Acquisition Act 2013: Rehabilitation and Resettlement Award

Section 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires the Collector to pass a separate Rehabilitation and Resettlement Award for each affected family in accordance with the entitlements provided in the Second Schedule.

Purpose of Section 31

Compensation for acquired land and Rehabilitation and Resettlement entitlements are distinct parts of the statutory framework. Section 31 focuses on the latter. It requires the Collector to identify the entitlements applicable to each affected family and record them in an individual Rehabilitation and Resettlement Award.

Section 31 - Rehabilitation and Resettlement Award for affected families by Collector

Under Section 31(1), the Collector must pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements contained in the Second Schedule. Section 31(2) specifies the particulars that must be included in that award.

What must the Rehabilitation and Resettlement Award contain?

  1. Rehabilitation and Resettlement amount: the amount payable to the affected family.
  2. Bank account details: the bank account number of the person to whom the award amount is to be transferred.
  3. House site and house: particulars of the house site and house to be allotted in the case of displaced families.
  4. Land allotment: particulars of land allotted to displaced families.
  5. Subsistence and transportation allowance: particulars of the one-time subsistence allowance and transportation allowance for displaced families.
  6. Cattle shed and petty shops: particulars of payment for cattle shed and petty shops.
  7. Artisans and small traders: particulars of the one-time amount payable to artisans and small traders.
  8. Employment: details of mandatory employment to be provided to members of affected families.
  9. Fishing rights: particulars of any fishing rights involved.
  10. Annuity and other entitlements: particulars of annuity and other entitlements to be provided.
  11. Scheduled Castes and Scheduled Tribes: particulars of special provisions applicable to Scheduled Castes and Scheduled Tribes.

Meaning of affected family

The expression "affected family" is defined in Section 3 of the 2013 Act. The statutory definition covers specified families whose land, livelihood, tenancy, forest rights or other recognised interests are affected by acquisition. Eligibility for a particular Rehabilitation and Resettlement entitlement depends on the applicable statutory category and the facts of the acquisition.

Second Schedule entitlements

The Second Schedule sets out elements of the Rehabilitation and Resettlement entitlements available to affected families in addition to the compensation framework for landowners. Section 31 requires the Collector's award to reflect the applicable entitlements and to identify the benefits payable or to be provided to each affected family.

Items that do not apply to a family

Section 31 provides that where any matter listed in clauses (a) to (k) is not applicable to a particular affected family, the award must indicate that item as "not applicable". This helps make the individual award clear as to both applicable and inapplicable benefits.

Power to increase Rehabilitation and Resettlement amounts

The second proviso to Section 31 permits the appropriate Government, by notification, to increase the rate of the Rehabilitation and Resettlement amount payable to affected families, taking into account the rise in the price index. Applicable Central or State notifications should therefore be checked for the acquisition concerned.

Relationship with compensation award

The preceding provisions deal with determination of market value and compensation. Section 26 addresses market value, Section 27 addresses total compensation, Section 28 specifies compensation parameters, Section 29 addresses valuation of attached assets, and Section 30 provides for solatium. Section 31 then requires the separate Rehabilitation and Resettlement Award for affected families.

Infrastructure in the resettlement area

Section 32 complements the individual Rehabilitation and Resettlement Award by requiring infrastructural amenities and basic minimum facilities in the resettlement area as specified in the Third Schedule.

Key points

  • A Rehabilitation and Resettlement Award must be passed for each affected family.
  • The award is based on applicable entitlements under the Second Schedule.
  • The award must state the monetary, housing, land, allowance, employment, annuity and other applicable particulars specified in Section 31(2).
  • Inapplicable items must be identified as "not applicable".
  • The appropriate Government may increase the Rehabilitation and Resettlement amount by notification, taking price-index increases into account.

The Central Act should be read with applicable State amendments, rules, notifications and acquisition-specific orders where relevant.