Lok Sabha Question No. 1790 (UNSTARRED), answered on 2020-03-02
Subject: Rehabilitation of Tribes
Ministry: TRIBAL AFFAIRS
Asked by: Amar Singh

## 1790. DR. AMAR SINGH:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the displacement and rehabilitation of tribals statistics of India;
- (b) the details of the statistics, State wise;
- (c) whether any action has been taken in this regard; and
- (d) the action being taken to protect and support them?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFIARS (SMT. RENUKA SINGH SARUTA)

(a)  to  (d)      In  so  far  as  land  related  issues  are  concerned,  the  Ministry  of  Rural  Development, Department of Land Resources (DoLR), is the nodal Ministry at the Centre. 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).    Land  acquisition  is undertaken by the Central and State Governments under various Central and State Acts, including the Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and  Resettlement Act,  2013  (RFCTLARR  Act,  2013  in  short)    and  the  provisions  of  the  RFCTLARR  Act  2013  are implemented  by  appropriate  Government  as  defined  under  Section  3  (e)  of  the  said  Act.  As  such information on State/UT wise land acquired, rehabilitation and resettlement are not maintained centrally.

The  First  Schedule  of  the  RFCTLARR  Act  provide  for  compensation  for  land  owners.  The Second Schedule provide for   element of rehabilitation and resettlement for  all  the affected families (both  land  owners  and  the  families  whose  livelihood  is    primarily    dependent    on  land  acquired)  in addition to those provided in the first Schedule. Similarly, the Third Schedule provide for infrastructural amenities for a reasonably habitable and planned settlement in the resettlement area.

To ensure adequate compensation and timely and proper rehabilitation of such displaced tribal people across the country, the Government has also made special provision in Section 41 and Section 42 of the RFCTLARR ACT 2013.   As per the said special provisions of Act, as far as possible, no land is to be acquired in the scheduled area except as last resort. In case acquisition for 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 special provisions for affected Scheduled Tribes also include a development plan, payment of at least one third of the compensation amount due initially at first instalment, resettlement properly in the same Scheduled Area in a compact block, making available of Rehabilitation & Resettlement (R&R) benefit to original tribal land owners in case of acquisition of alienated tribal lands, fishing rights in the reservoir area of the irrigation or hydel project, payment of additional twenty five percent R&R benefits in  monetary  terms  along  with  a  one  time  entitlement  of  fifty  thousand  rupees  in  case  of  relocation outside of the district, continuance of all benefits, including reservation benefits available to Scheduled Tribes in the affected areas etc.

The Act also lays down procedure and manner of rehabilitation and resettlement (R&R) wherein R&R is an integral part of the land acquisition plan itself.   Chapter -V and VI of the said Act contains detailed  provision  for  R&R  awards  and  their  implementation.  National  Monitoring  Committee  also reviews and monitors the implementation of R&R scheme and looks into issue related to displacement of people and timely payment of compensation.

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## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 1790

TO BE ANSWERED ON 02.03.2020

## REHABILITATION OF TRIBES