Lok Sabha Question No. 83 (UNSTARRED), answered on 2017-07-17
Subject: Rehabilitation of Tribals
Ministry: TRIBAL AFFAIRS
Asked by: DHARAM VIRA GANDHI

## GOVERNMENT OF INDIA

## REHABILITATION OF TRIBALS

## 83. SHRI DHARAM VIRA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a) whether the Government is aware that a large number of tribal people are being displaced as a result of various construction/ development projects and if so, the details thereof;

(b) whether the Government maintains any data in this regard;

(c)  if  so,  the  details  thereof  including  the  number  of  tribals  displaced  as  a  result  of  such activities, State/UT-wise; and

(d) the remedial steps taken/being taken by the Government for proper and better rehabilitation of displaced tribal people across the country?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

(a) to (c): In so far as land acquisition related issues are concerned, the Ministry of Rural Development,  Department  of  Land  Resources  (DoLR),  is  the  nodal  Ministry  at  the  Centre, which plays a monitoring role in the field of rehabilitation and resettlement of displaced people. Land and its management fall under the exclusive legislative and administrative jurisdiction of states  as  provided  under  the  Constitution  of  India  (Seventh  Schedule  -  List  II  (State  List)  Entry No. (18). Therefore, State wise details are not maintained centrally.

(d)  By  way  of  safeguards  against  displacement  special  provisions  have  been  made  for Scheduled Castes and Scheduled Tribes by way of Sections 41 and 42 of the RFCTLARR Act, 2013 which stipulates that as far as possible, no land is to be acquired in the Scheduled Areas except as last resort. In case acquisition or alienation of any land in the Scheduled Areas, the prior  consent  of  Gram  Sabha  or  the  Panchayat  or  the  Autonomous  District  Councils,  at  the appropriate level  in  the  Scheduled  Area  in  the  Fifth  Schedule  to  the Constitution,  as  the  case may be,  are  required  to  be  obtained,  in  all  cases  of  land  acquisition  in  such  areas,  including acquisition in case of urgency. The Act also lays down procedure and manner of rehabilitation and resettlement.

The  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers  (Recognition  of  Forest Rights) Act, 2006 in Section 4 (5) states that save as otherwise provided, no member of a forest dwelling Scheduled Tribe or Other Traditional Forest Dwellers shall be evicted or removed from the Forest Land under his occupation till the recognition and verification procedure is complete.

The Panchayats (Extension to Scheduled Areas) Act, 1996, also provides that the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas or development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State Level;

Constitutional  provisions  under  Schedule  -  V  also  provide  for  safeguards  against displacement  of  tribal  population  because  of  land  acquisitions  etc.  the  Governor  of  the  State which has scheduled Areas is empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to members of the Scheduled Tribes in such cases.

Land being a State subject, the various provisions of rehabilitation and resettlement as per the LARR Act, 2013 are implemented by the concerned State Governments. Section 16 of the Act mandates the Administrator for Rehabilitation and Resettlement to conduct survey and undertake a census of the affected families and to prepare rehabilitation and resettlement scheme 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. Further, Chapter V of the LARR Act, 2013 deals  with  Rehabilitation  and  Resettlement  Award  for  affected  families  by  the  Collector  and provision of infrastructural amenities in resettlement area. Sections 41 and 42 of the LARR Act, 2013  contains special provisions for  Scheduled  Castes  and  Scheduled  Tribes  including reservation  and  other  benefits.  The  Second  Schedule  to  the  LARR  Act,  2013  highlights  the various  elements  of  Rehabilitation  and  Resettlement  entitlements  for  all  the  affected  families (both land owners and the families whose livelihood is primarily dependent on land acquired). These elements include provision of housing units in case of displacement, land for land, offer for developed land, choice of annuity or employment, subsistence grant for displaced families for a period of one year, transportation cost for displaced families, cattle shed/petty shops cost, one-time grant to artisan and small traders, fishing rights, one-time Resettlement Allowance, and Stamp Duty and Registration Fee.

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