Section 31 in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Title: Rehabilitation and Resettlement Award for affected families by Collector.

Description: (1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:--- (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; (c) particulars of house site and house to be allotted, in case of displaced families; (d) particulars of land allotted to the displaced families; (e) particulars of one time subsistence allowance and transportation allowance in case of displaced families; (f) particulars of payment for cattle shed and petty shops; (g) particulars of one-time amount to artisans and small traders; (h) details of mandatory employment to be provided to the members of the affected families; (i) particulars of any fishing rights that may be involved; (j) particulars of annuity and other entitlements to be provided; (k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as "not applicable": Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index. STATE AMENDMENTS Andhra Pradesh In the Principal Act, after section 31, the following section shall be inserted, namely:-- "31A. Payment of Lump sum amount by State Government:---Notwithstanding anything contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it shall be competent for the state Government to pay such lumpsum about as may be prescribed in the rules in lieu of Rehabilitation." Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.” [Vide Andhra Pradesh Act 22 of 2018, sec. 7 (w.e.f. 1-1-2014).] Maharashtra After section 31 of the principal Act, the following section shall be inserted, namely:--- "31A. Payment of lump sum amount by State Government for its linear nature projects.-- Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay, whenever the land is to be acquired for its own use amounting to less than one hundred acres or whenever the land is to be acquired in case of projects which are linear in nature as referred to the proviso to sub-section (4) of section 10, as Rehabilitation and Resettlement cost, such lump sum amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the affected families." [Vide Maharashtra Act 37 of 2018, sec. 6 (26-4-2018).]

Title: Provision of infrastructural amenities in resettlement area.

Description: In every resettlement area as defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule.

Title: Corrections to awards by Collector.

Description: (1) The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government. STATE AMENDMENTS Andhra Pradesh In the principal Act, after section 33, the following new section 33 A shall be inserted, namely:--- "33A. Recovery of the amount wrongfully paid.---Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears of land revenue." [Vide Andhra Pradesh Act 22 of 2018, sec. 8 (w.e.f. 1-1-2014).]

Title: Adjournment of enquiry.

Description: The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.

Title: Power to summon and enforce attendance of witnesses and production of documents.

Description: For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).

CHAPTER 5 REHABILITATION AND RESETTLEMENT AWARD