Chapter VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

(1) Where the Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Deputy Collector to be the Administrator for Rehabilitation and Resettlement. (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the Government may decide. (3) Subject to the superintendence, directions and control of the Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.

(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of the Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the public of the concerned Village in rural areas and Municipality in urban areas.

(1) Where land proposed to be acquired is equal to or more than fifty acres, the Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the public of the concerned village in rural areas and Municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the Government, the following members, namely:- (a) a representative of women residing in the affected area; (b) a representative of a voluntary organisation working in the area; (c) a representative of a nationalised bank; (d) the Land Acquisition Officer of the project; (e) the Chairpersons of the Local authorities located in the affected area or their nominees; (f) Member of the Legislative Assembly of the concerned area or their nominees; (g) a representative of the Requiring Body; and (h) Administrator for Rehabilitation and Resettlement as the Member- Convener. (3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the Government.

(1) Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the Government, considering the relevant specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of — (a) intent to purchase; (b) purpose for which such purchase is being made; (c) particulars of lands to be purchased. (2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement. (3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act, (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio: Provided that the Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in the State and shall also fix the limits or ceiling for the said purpose. (6) If any land has been purchased through private negotiations by a person on or after the commencement of this Act, forty per cent, of the compensation paid for such land acquired shall be shared with the original land owners. Explanation.— For the purpose of this section, the expression— (a) “original land owner” refers to the owner of the land who has got rights and title over the land before commencement of this Act; (b) “specified persons” includes — (i) Government; (ii) Government company; (iii) association of persons or trust or society as registered under the Mizoram Societies Registration Act, 2005 (13 of 2005) wholly or partially aided by the Government or controlled by the Government.

Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under Section 41, under the supervision of the Collector.