Special provisions for Scheduled Castes and Scheduled Tribes

Special provisions for Scheduled Castes and Scheduled Tribes.—

1. (1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
2. (2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
3. (3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in specified areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force: Provided that the consent of the Panchayats or the autonomous District Councils shall be obtained in cases, where the Gram Sabha does not exist or has not been constituted.
4. (4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedural steps for resettlement and rehabilitation of such people (in accordance with the provisions of this Act).
5. (5) The Development Plan shall also contain a programme for the development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.
6. (6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first instalment and the rest shall be paid after taking possession of the land: Provided that if the resettlement and rehabilitation process is not completed, the interest on the remaining amount shall continue to accrue to the State till the payment is made.
7. (7) Adequate compensation (in normal cases, four times the market value in rural areas and two times in urban areas) shall be paid to the affected families whether in monetary form or through allotment of grant of land rights or such other cost for resettlement in accordance with the provisions of this Act.
8. (8) The provisions of this Act under various sections shall be applicable to the Scheduled Castes and the Scheduled Tribes in additional to the requirements specified in this section.
9. (9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes impounded under this Act shall be treated as null and void: Provided that in the case of acquisition of land belonging to a Scheduled Caste or a Scheduled Tribe, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in specified areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas.
10. (10) The affected families of the Scheduled Castes and the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
11. (11) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be prescribed, for community and social gatherings.
12. (12) Any resignation of the land by the Scheduled Castes or the Scheduled Tribes shall be in accordance with the provisions of this Act.