The MIZORAM (LAND ACQUISITION, REHABILITATION AND RESETTLEMENT) ACT, 2016.

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008
VOL - XLV     Aizawl,    Friday    6.5.2016      Vaisakha  16,     S.E.  1938,      Issue No. 121
NOTIFICA TION
No. H. 12018/241/2015-LJD, the 4 th  May, 2016. The following Act is hereby published for general
information.
The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016.
(Act No. 5 of 2016)
{Received the assent of the Governor of Mizoram on the 22nd April, 2016}
THE MIZORAM (LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT) ACT, 2016.
AN
ACT
to ensure a humane, participative, informed and transparent process for land acquisition for industrialization,
development of essential infrastructural facilities and urbanization with the least disturbance to the owners
of the land and other affected families and provide just and fair compensation to the affected families
whose land has been acquired or proposed to be acquired or are affected by such acquisition and make
adequate provisions for such affected persons for  their rehabilitation and resettlement and for ensuring that
the cumulative outcome  of compulsory acquisition should be that affected persons become partners in
development leading to an improvement in their post-acquisition social and economic status and for matters
connected therewith or incidental thereto.
It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty-Seventh year of the
Republic of India, under the protection guaranteed under the provisions of Article 371G of the Constitution
of India, since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Government of India Act No. 30 of 2013) has not been adopted by the Legislative
Assembly of the State of Mizoram.
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THE MIZORAM (LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT) ACT, 2016
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016.
(2) It extends to the whole State of Mizoram.
(3) It shall come into force from the date of its publication in the official Gazette.
2. Definitions .
In this Act, unless the context otherwise requires, -
(a) “Administrator” means an officer appointed for the purpose of rehabilitation and resettlement
of affected families under sub-section (1) of Section 41;
(b) “affected area” means such area as may be notified by the Government for the purposes of
land acquisition;
(c) “affected family” includes –
(i) a family whose land or other immovable property has been acquired;
(ii) a member of the family who has been assigned land by the State Government under any
of its schemes and such land is under acquisition;
(iii) a family residing without any illegality on any land in the concerned areas for preceding
three years or more prior to the acquisition of the land or whose primary source of
livelihood for three years prior to the acquisition of the land is to a reasonable extent,
directly and substantially affected by the acquisition of such land;
(d) “agricultural land” means land used for the purpose of –
(i) agriculture or horticulture;
(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming, breeding of livestock
or nursery growing medicinal herbs;
(iii) raising of crops, trees, grass or garden produce.
(e) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority
established under Section 47;
(f) “Collector” means the Collector of a revenue district, and includes a Deputy Commissioner
and any officer specially designated by the Government to perform the functions of a Collector
under this Act;
(g) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed under
sub - section (1) of Section 42;
(h) “cost of acquisition” includes –
(i) amount of compensation which includes solatium, any enhanced compensation ordered
by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and
interest payable thereon and any other amount determined as payable to the affected
families by such authority or Court according to the nature of the acquisition;
(ii) amount to be paid for damages caused to the land and standing crops in the process of
acquisition;
(iii) cost of acquisition of land and building for settlement of displaced or adversely   affected
families;
(iv) cost of development of infrastructure and amenities at the resettlement areas;
(v) cost of rehabilitation and resettlement as determined in accordance with the provisions
of this Act;
(vi) administrative cost –
(A) for acquisition of land including both in the project site and out of project area of lands,
not exceeding such percentage of the cost of compensation as may be prescribed by the
Government;
(B) for rehabilitation and resettlement of the owners of the land and other affected families
whose land has been acquired or proposed to be acquired or other families affected by
such acquisition according to the nature of such acquisition;
(vii) cost of undertaking ‘Social Impact Assessment study’;
(i) “company” means –
(i) a company as defined in Section 3 of the Companies Act, 2013, other than a Government
company;
(ii) a society registered under the Mizoram Societies registration Act, 2005 (13 of 2005) or
under any corresponding law for the time being in force in the State;
(j) “Deputy Collector” means an officer not below the rank of Sub-Divisional Officer (Civil);
(k) “displaced family” means any family, who does not possess any other suitable land for settlement
on account of acquisition of land and who has to be relocated and resettled from the affected
area  to the resettlement area;
(l) “entitled to act”, in relation to a person, shall be deemed to include the following persons,
namely :-
(i) trustees for other persons beneficially interested with reference to any such case, and
that to the same extent as the person beneficially interested could have acted if free
from disability;
(ii) the guardians of minors and the committees or managers of lunatics to the same extent
as the minors, lunatics or other persons of unsound mind themselves, if free from disability
could have acted;
Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure,
1908 (5 of 1908) shall, mutatis mutandis, apply in the case of persons interested appearing
before a Collector or Authority by a next friend, or by a guardian for the case, in proceedings
under this Act;
(m) “family” includes a person, his or her spouse, minor children, minor brothers and minor sisters
dependent on him or her ;
Provided that widows, divorcees and women deserted by families shall be considered separate
families;
Explanation – An adult of either gender with or without spouse or children or dependents shall
be considered as a separate family for the purposes of this Act.
(n) “Government’ or ‘State Government’ means the State Government of Mizoram.
(o) “holding of land” means the total land held by a person as an owner, occupant or otherwise;
(p) “infrastructure project” shall include any one or more of the items specified in clause (b) of sub
- section (1) of Section 3;
(q) “land” includes benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth;
(r) “landless” means such persons or class of persons who may be,-
(i) considered or specified as such under any state law for the time being in force; or
(ii) in a case of landless not being specified under sub - clause (i), as may be specified by
the Government;
(s) “land owner” includes any person, -
(i) whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
(ii) who is granted rights on the land under any law of the State including assigned lands; or
(iii) any person who has been declared as such by an order of the court or Authority;
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(t) “local authority” includes a town planning authority (by whatever name called) set up under
any law for the time being in force, a Village Council or Local Council, or Municipality as
defined in Article 243P, of the Constitution of India;
(u) “market value” means the value of land determined in accordance with Section 26;
(v) “notification” means a notification published in the Gazette of Mizoram;
(w) “person interested” means –
(i) all persons listed at (a) & (b) below claiming an interest in compensation to be made on
account of acquisition of land under this Act :-
(a) who are in possession of landed property under valid LSCs, House Pass, Shop
Pass, Stall Pass, Periodic Patta and Land Lease issued by the Government under
the Mizoram (Land Revenue) Acts, 2013 and the Rules made thereunder;
(b) who are in possession of house passes issued by the Village Council within the
perimeter of the village which is not notified as ‘town’ or ‘sub-town’ or ‘station
area’;
Explanation :  For the purpose of sub-clause (b), the perimeter of a village shall mean
the area of human habitation surrounded by the safety reserve or by boundaries notified
by the Government as the perimeter of that village, and only the House Pass issued
within such village perimeter and its genuineness confirmed from the original records of
the Village Council concerned shall be entertained.
Provided that any persons who does not utilize the allotted lands for the purpose for
which it was allotted for a period of 10 (ten) years shall not be treated as person interested.
Provided further that in case of any doubt as to the validity of any claim, the decision of
the Government shall be final.
(ii) a person interested in an easement affecting the land;
(iii) any person whose primary source of livelihood is likely to be adversely affected;
(x) “prescribed” means prescribed by rules made under this Act;
(y) “project” means a project for which land is being acquired, irrespective of the number of
persons affected;
(z) “public purpose” means the activities specified under sub-section (1) of Section 3;
(za) “Requiring Body” means a company, a body corporate, an institution, or any other organisation
or person for whom land is to be acquired by the Government, if the acquisition of land is for
such Go v e rn me n t e ith e r fo r  its o wn use or fo r subse q ue nt tran sfe r o f such land fo r public
purpose to a company, body corporate, an institution, or any other organization, as the case
may be, under lease, licence or through any other mode of transfer of land;
(zb) “Resettlement Area” means an area where the affected families who have been displaced as
a result of land acquisition are resettled by the Government.
3. Application of Act.
(1) The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement,
shall apply, when the State Government acquires land for its own use, hold and control, including for
Public Sector undertakings and for public purpose, and shall include the following purposes, namely :-
(a) for strategic purposes relating to military, air force, and armed forces of the Union, including
central paramilitary forces or any work vital to national security or defence of India or State
police, safety of the people; or
(b) for infrastructure projects, which includes the following, namely :-
(i) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold
storage facilities, marketing infrastructure for agriculture and allied activities such as
dairy, fisheries, and meat processing, set up or owned by the Government or partly
owned by the Government or by a farmers’ co-operative or by an institution set up
under a statute;
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(ii) project for industrial corridors or mining activities, national investment and manufacturing
zones, as designated in the National Manufacturing Policy;
(iii) project for water harvesting and conservation structures and sanitation;
(iv) project for Government administered, Government aided educational and research
schemes or institutions;
(v) project for sports, health care, tourism, transportation or space programme;
(vi) any infrastructure facility as may be notified in this regard by the State Government;
(c) project for project affected families;
(d) project for housing; for such income group, as may be specified from time to time by the
Government;
(e) project for planned development or the improvement of village sites or any site in the urban
areas or provision of land for residential purposes for the weaker sections in urban areas;
(f) project for residential purposes to the poor or landless or to persons residing in areas affected
by natural calamities, or to persons displaced or affected by reason of the implementation of
any scheme undertaken by the State Government,  any local authority or a corporation owned
or controlled by the State.
(2) The provisions of this Act relating to land acquisitions, consent, compensation, rehabilitation and
resettlement, shall also apply, when the Government acquires land for the following purposes, namely:-
(a) for public private partnership projects, where the ownership of the land continues to vest with
State Government,  for public purpose as defined in sub-section (1);
(b) for private companies in the interest of the public;
Provided that in the case of acquisition for –
(i) private companies, the prior consent of at least eighty per cent of those affected families.
(ii) public private partnership projects, the prior consent of at least seventy percent of those
affected families, shall be obtained through a process as may be prescribed by the
Government:
Provided further that the process of obtaining the consent shall be carried out along with the
Social Impact Assessment study referred to in Section 4:
(3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where, -
(a) a private company purchases land, equal to or more than such limits in rural areas or urban
areas, as may be prescribed by the Government, through private negotiations with the owner
of the land in accordance with the provisions of Section 44;
(b) a private company requests the Government for acquisition of a part of an area so prescribed
for a public purpose:
Provided that where a private company requests the Government for partial acquisition of land
for public purpose, then, the rehabilitation and resettlement entitlements under the Second
Schedule shall be applicable for the entire area which includes the land purchased by the
private company and acquired by the Government for the project as a whole.
CHAPTER II
DETERMINA TION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A - PRELIMINARY INVESTIGA TION FOR DETERMINA TION OF SOCIAL IMPACT AND
PUBLIC PURPOSE
4. Preparation of Social Impact Assessment Study.
(1) Whenever the government intends to acquire land for a public purpose, it shall consult the concerned
Village Council or Local Council or Municipality as the case may be at Village level or Local Council
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level in the affected area and carry out a Social Impact Assessment Study in consultation with them,
in such manner and from such date as may be specified by the Government by notification.
(2) The notification issued by the Government for commencement of consultation and of the Social
Impact Assessment Study under sub-section (1) shall be made available in the local language to the
Village Council or Local Council or Municipality, as the case may be, and in the offices of the District
Collector, the Deputy Collector and the Block Development Officer, and shall be published in the
affected areas, in such manner as may be prescribed and uploaded on the website of the Government:
Provided that the Government shall ensure that adequate representation has been given to the
representatives of Village Council or Local Council or Municipality as the case may be at the stage of
carrying out the Social Impact Assessment Study:
Provided further that the Government shall ensure the completion of the Social Impact Assessment
Study within a period of six months from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to
the public in the manner prescribed under Section 6.
(4) The Social Impact Assessment study referred to in sub-section (1) shall amongst other matters
include all the following, namely:-
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to be displaced;
(c) extent of lands, public and private, houses, settlements and other common properties likely to
be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bare – minimum extent
needed for the project;
(e) whether land acquisition at an alternate place has been considered and found not feasible;
(f) study of social impacts of the project, and the nature and cost of addressing them and the
impact of these costs on the overall costs of the project vis-á-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously
and shall not be contingent upon the completion of the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub-section (1) the Government
shall, among other things, take into consideration the impact that the project is likely to have on
various components such as livelihood of affected families, public and community properties, assets
and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water,
sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post
offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and
educational or training facilities, anganwadis, children parks, places of worship, land for traditional
tribal institutions and burial and cremation grounds.
(6) The Government shall require the authority conducting the Social Impact Assessment study to prepare
a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for
addressing the impact for a specific component referred to in sub-section (5), and such measures
shall not be less than what is provided under a scheme or programme, in operation in that area, of the
State or Central Government, as the case may be, in operation in the affected area.
5. Public hearing for Social Impact Assessment.
Whenever a Social Impact Assessment is required to be prepared under Section 4, the Government
shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the
date, time and venue for the public hearing, to ascertain the views of the affected families to be
recorded and included in the Social Impact Assessment Report.
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6. Publication of Social Impact Assessment Study.
(1) The Government shall ensure that the Social Impact Assessment study report and the Social Impact
Management Plan referred to in sub-section (6) of Section 4 are prepared and made available in the
local language to the Village Council or Local Council, Municipality, as the case may be, and the
offices of the District Collector, the Deputy Collector and the Block Development Officer, and shall
be published in the affected areas, in such manner as may be prescribed and uploaded on the website
of the Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment
report shall be made available to the Impact Assessment Agency authorized by the State Government
to carry out environmental impact assessment:
Provided that, in respect of irrigation projects where the process of Environment Impact Assessment
is required under the provisions of any other law for the time being in force, the provisions of this Act
relating to Social Impact Assessment shall not apply.
B – APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment Report by an Expert Group.
(1) The Government shall ensure that the Social Impact Assessment report is evaluated by an independent
multi-disciplinary Expert Group, as may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:-
(a) two social scientists;
(b) two representatives of Village Council or Local Council or Municipality, as the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The Government may nominate a person from amongst the members of the Expert Group as the
Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the opinion that, -
(a) the project does not serve any public purpose; or
(b) the social costs and adverse social impacts of the project outweigh the potential benefits, it
shall make a recommendation within two months from the date of its constitution to the effect
that the project shall be abandoned forthwith and no further steps to acquire the land will be
initiated in respect of the same:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision.
Provided further that where the Government, in spite of such recommendations, proceeds with
the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion that,—
(a) the project will serve any public purpose; and
(b) the potential benefits outweigh the social costs and adverse social impacts, it shall make specific
recommendations within two months from the date of its constitution whether the extent of
land proposed to be acquired is the absolute bare-minimum extent needed for the project and
whether there are no other less displacing options available:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4)and (5)shall be made available
in the local language to the Village Council or Local Council, Municipality, as the case may be, and
the offices of the District Collector, Deputy Collector and the Block Development Officer, and shall
be published in the affected areas, in such manner as may be prescribed and uploaded on the website
of the Government.
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8. Examination of proposals for land acquisition and Social Impact Assessment report by
Government .
(1) The Government shall ensure that —
(a) there is a  legitimate and bona fide public purpose for the proposed acquisition which necessitates
the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the social
costs and adverse social impact as determined by the Social Impact Assessment that has been
carried out;
(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilized land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and
make recommendations in respect thereof.
(2) The Government shall examine the report of the Collector, if any, and the report of the Expert Group
on the Social Impact Assessment study and after considering all the reports, recommend such area
for acquisition which would ensure minimum displacement of people, minimum disturbance to the
infrastructure, ecology and minimum adverse impact on the individuals affected.
(3) The decision of the Government shall be made available in the local language to the Village Council
or Local Council, Municipality, as the case may be, and the offices of the District Collector, the
Deputy Collector and the BDO, and shall be published in the affected areas, in such manner as may
be prescribed, and uploaded on the website of the Government.
Provided that where land is sought to be acquired for any of the purposes as specified in sub-section
(2) of Section 3, the Government shall ascertain as to whether the prior consent of the affected
families as required under the proviso to sub-section (2) of Section 3, has been obtained in the
manner as may be prescribed.
9. Exemption from Social Impact Assessment.
Where land is proposed to be acquired invoking the urgency provisions under Section 40, the
Government may exempt undertaking of the Social Impact Assessment study.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security.
(1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under
this Act.
(2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances,
as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in
aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the
Government considering the relevant State specific factors and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of cultivable
wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the
land acquired shall be deposited with the Government for investment in agriculture for enhancing
food-security.
(4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate for all
projects in a district or State, shall in no case exceed such limits of the total net sown area of that
District or State, as may be notified by the Government:
Provided that the provisions of this section shall not apply in the case of projects that are linear in
nature such as those relating to railways, highways, major district roads, irrigation canals, power
lines, pipelines and the like.
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CHAPTER IV
NOTIFICA TION AND ACQUISITION
11. Publication of preliminary notification and power of officers thereupon
(1) Whenever, it appears to the Government that land in any area is required or likely to be required for
any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect
along with details of the land to be acquired in rural and urban areas shall be published in the following
manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area in local language;
(c) in the local language in the Village Council or Local Council, Municipality as the case may be
and in the offices of the District Collector, the Deputy Collector and the Block Development
Officer;
(d) uploaded on the website of the Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the preliminary notification under sub-section (1), the concerned Village
Council or Local Council or Municipality, in case of municipal areas and the Autonomous Councils in
case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the
contents of the notification issued under the said sub-section in all cases of land acquisition at a
meeting called especially for this purpose.
(3) The preliminary notification issued under sub-section (1) shall also contain a statement on the nature
of the public purpose involved, reasons necessitating the displacement of affected persons, summary
of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes
of rehabilitation and resettlement under Section 41.
(4) No person shall make any transaction or cause any transaction of land specified in the preliminary
notification or create any encumbrances on such land from the date of publication of such preliminary
notification till such time as the proceedings under this Chapter are completed.
Provided that the Collector may, on the application made by the owner of the land so notified, exempt
in special circumstances to be recorded in writing, such owner from the operation of this sub-section.
Provided further that any loss or injury suffered by any person due to his willful violation of this
provision shall not be made up by the Collector.
(5) After issuance of preliminary notification under sub-section (1), the Collector shall, before the issue
of a declaration under Section 19, undertake and complete the exercise of updating of land records as
prescribed within a period of two months.
Provided that where prior consent is required, land records shall be updated before convening public
consultation for obtaining the required consent to ensure that consent is given by the rightful land
holders concerned.
12. Preliminary survey of land and power of officers to carry out survey.
For the purposes of enabling the Government to determine the extent of land to be acquired, it shall
be lawful for any officer, either generally or specially authorized by the Government in this behalf,
and for his servants and workmen,—
(a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if
any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where
otherwise the survey cannot be completed and the levels taken and the boundaries and line
marked, to cut down and clear away any part of any standing crop, fence or jungle:
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Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the
absence of the owner of the land or in the absence of any person authorised in writing by the
owner:
Provided further that the acts specified under the first proviso may be undertaken in the absence
of the owner, if the owner has been afforded a reasonable opportunity to be present during the
survey, by giving a notice of at least sixty days prior to such survey:
Provided also that no person shall enter into any building or upon any enclosed court or garden
attached to a dwelling-house (unless with the consent of the occupier thereof) without previously
giving such occupier at least seven days’ notice in writing of his intention to do so.
13. Payment for damage.
The officer so authorised under Section 12 shall at the time of entry under Section 12 pay or tender
payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid
or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall
be final.
14. Lapse of Social Impact Assessment report.
Where a preliminary notification under Section 11 is not issued within twelve months from the date of
appraisal of the Social Impact Assessment report submitted by the Expert Group under Section 7,
then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be
required to be undertaken prior to acquisition proceedings under Section 11.
Provided that the Government, shall have the power to extend the period of twelve months, if in its
opinion circumstances exist justifying the same.
Provided further that any such decision to extend the period shall be recorded in writing and the same
shall be notified and be uploaded on the website of the concerned authority.
15. Hearing of objections.
(1) Any person interested in any land which has been notified under sub-section (i) of Section 11, as
being required or likely to be required for a public purpose, may within sixty days from the date of the
publication of the preliminary notification, object to -
(a) the area and suitability of land proposed to be acquired;
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall
give the objector an opportunity of being heard in person or by any person authorised by him in this
behalf or by an Advocate and shall, after hearing all such objections and after making such further
inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been
notified under sub-section (1) of Section 11, or make different reports in respect of different parcels
of such land, to the Government, containing his recommendations on the objections, together with the
record of the proceedings held by him along with a separate report giving therein the approximate
cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the
decision of the Government.
(3) The decision of the Government on the objections made under sub-section (2) shall be final.
16. Preparation of Rehabilitation and Resettlement scheme by the Administrator.
(1) Upon the publication of the preliminary notification under sub-section (1) of Section 11 by the Collector,
the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census
of the affected families, in such manner and within such time as may be prescribed, which shall
include —
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(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent
on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be affected,
where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be affected,
where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
( 2 ) T h e A d m i n i s t ra t o r sh a l l , b a s e d o n t h e s u r v e y a n d c e n s u s u n d e r s u b - s e c t i o n ( 1 ) , p re p a re a d r af t
Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the
rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are
primarily dependent on the lands being acquired and where resettlement of affected families is involved —
(i) a list of Government buildings to be provided in the Resettlement Area;
(ii) details of the public amenities and infrastructural facilities which are to be provided in the
Resettlement Area.
(3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time
limit for implementing Rehabilitation and Resettlement Scheme;
(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known
locally by wide publicity in the affected area and discussed in the public meeting of the concerned
Village or Municipality.
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate
publicity about the date, time and venue for the public hearing at the affected area:
Provided that in case where an affected area involves more than one Village or Local Council area
or Municipality, public hearings shall be conducted in every Village or Local Council area or Municipality
where more than twenty-five percent, of land belonging to that Village or Local Council area or
Municipality is being acquired:
(6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation
and Resettlement along with a specific report on the claims and objections raised in the public hearing
to the Collector.
(7) When land is to be acquired for any project which carries separate package for rehabilitation and
resettlement which is more beneficial to the affected families than the provisions of this Act, the
Government shall be at liberty to opt such rehabilitation and resettlement package under such project,
in consultation with the affected families who are required to be resettled under the provisions of this
Act. In such a case, the Administrator shall prepare the draft Rehabilitation and Resettlement Scheme
in accordance with the provisions of such special package:
Provided that the manner of implementation and any amount involved in rehabilitation and resettlement
under such other special project shall not be cited as precedent to any other case of land-acquisition,
rehabilitation and resettlement under this Act.
17. Review of the Rehabilitation and Resettlement Scheme.
(1) The Collector shall review the draft Scheme submitted under sub-section (6) of Section 16 by the
Administrator with the Rehabilitation and Resettlement Committee at the project level constituted
under Section 43.
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to
the Commissioner, Rehabilitation and Resettlement for approval of the Scheme.
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 in the Village or Local Council or Municipality, as the case may be, and
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the offices of the District Collector, the Deputy Collector and the Block Development Officer, and
shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the
website of the concerned authority.
19. Publication of declaration and summary of Rehabilitation and Resettlement.
(1) When the Government is satisfied, after considering the report, if any, made under sub-section (2) of
Section 15, that any particular land is needed for a public purpose, a declaration shall be made to that
effect, along with a declaration of an area identified as the “resettlement area” for the purposes of
rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to the
Government or of any other officer duly authorised to certify its orders and different declarations
may be made from time to time in respect of different parcels of any land covered by the same
preliminary notification irrespective of whether one report or different reports has or have been
made (wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with
declaration referred to in sub-section (1):
Provided that no declaration under this sub-section shall be made unless the summary of the
Rehabilitation and Resettlement Scheme is published along with such declaration:
Provided further that no declaration under this sub-section shall be made unless the Requiring Body
deposits an amount, in full or part, as may be prescribed by the Government toward the cost of
acquisition of the land:
Provided also that the Requiring Body shall deposit the amount promptly so as to enable the Government
to publish the declaration within a period of twelve months from the date of the publication of preliminary
notification under Section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify different
stages for the rehabilitation and resettlement, and all declarations shall be made according to the
stages so specified.
(4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be in
the local language;
(c) in the local language in the Village or Municipality as the case may be, and in the offices of the
District Collector, the Deputy Collector and the Block Development Officer;
(d) uploaded on the website of the Government;
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate,—
(a) the district or other territorial division in which the land is situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be inspected
without any cost.
(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required
for a public purpose and, after making such declaration, the Government may acquire the land in such
manner as specified under this Act.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary
notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods during
which the proceedings for  the acquisition of the land were held up on account of any stay or injunction
by the order of any Court shall be excluded:
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Provided further that the Government shall have the power to extend the period of twelve months, if
in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same
shall be notified and be uploaded on the website of the concerned authority.
20. Land to be marked out, measured and planned including marking of specific areas.
The Collector shall thereupon cause the land, unless it has been already marked out under Section 12,
to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.
21. Notice to persons interested.
(1) The Collector shall publish the public notice on his official website and cause public notice to be given
at convenient places on or near the land to be taken, stating that the Government intends to take
possession of the land, and that claims to compensations and rehabilitation and resettlement for all
interests in such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and
require all persons interested in the land to appear personally or by agent or advocate before the
Collector at a time and place mentioned in the public notice not being less than thirty days and not
more than six months after the date of publication of the notice, and to state the nature of their
respective interests in the land and the amount and particulars of their claims to compensation for
such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the
measurements made under Section 20.
(3) The Collector may in any case require such statement referred to in sub-section (2) to be made in
writing and signed by the party or his agent.
(4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all
such persons known or believed to be interested therein, be entitled to act for persons so interested,
as reside or have agents authorised to receive service on their behalf, within the revenue district in
which the land is situated.
(5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure
that the notice shall be sent to him by post in letter addressed to him at his last known residence,
address of place or business and also publish the same in at least two daily newspapers and also on
his official website.
22. Power to require and enforce the making of statements as to names and interests.
( 1 ) T h e C o l l e c t o r m a y a l s o re q u i r e a n y s u c h p e rs o n t o m a k e o r d e l i v e r t o h i m , a t a t i m e a n d p l a c e
mentioned (such time not being less than thirty days after the date of the requisition), a statement
containing, so far as may be practicable, the name of every other person possessing any interest in
the land or any part thereof as co-proprietor, sub-proprietor, mortgagee or otherwise, and of the
nature of such interest, and of the rents and profits, if any, received or receivable on account thereof
for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statement under this section shall be deemed to be legally
bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (45 of 1860).
23. Enquiry and land acquisition award by Collector.
On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall
proceed to enquire into the objections (if any) which any person interested has stated pursuant to a
notice given under Section 21, to the measurements 

Excerpt shown. Open the full act in Lexace.

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