THE REHABILITATION AND RESETTLEMENT ACT, 2013

The Rehabilitation and Resettlement Act, 2013 (R&R Act) is a landmark legislation in India that seeks to protect the rights of people affected by land acquisition or involuntary displacement due to development projects. The Act was enacted in September 2013 and came into effect on January 1, 2014.

The R&R Act is based on the principle that the acquisition of land for public purposes should be carried out in a manner that is fair, just, and transparent, and that takes into account the interests of affected people. The Act seeks to provide a legal framework for the rehabilitation and resettlement of such people, and to ensure that they are adequately compensated for their loss of land, homes, and livelihoods.

One of the key provisions of the R&R Act is that it requires the government to carry out a Social Impact Assessment (SIA) before acquiring any land for public purposes. The SIA is designed to identify the potential impacts of the acquisition on the affected people, and to assess the social, economic, and environmental costs and benefits of the project. The SIA report must be made public and shared with the affected people, who must be given the opportunity to provide their feedback and suggestions.

The R&R Act also mandates that the government provide fair compensation to the affected people for their loss of land, homes, and livelihoods. The compensation must be based on the market value of the land, and must also include a subsistence allowance to help the affected families meet their immediate needs.

In addition to compensation, the R&R Act requires that the government provide rehabilitation and resettlement benefits to the affected people. These benefits include the provision of land for landless families, the provision of employment opportunities, the provision of housing, and the provision of other forms of support to help the affected families and communities recover and rebuild their livelihoods.

The R&R Act also establishes an independent agency, called the National Rehabilitation and Resettlement Authority (NRRA), to oversee and monitor the implementation of rehabilitation and resettlement schemes. The NRRA is responsible for ensuring that the benefits are provided to the affected people in a timely and effective manner, and for resolving any disputes that may arise between the affected people and the government.

The R&R Act has been hailed as a significant step towards protecting the rights of people affected by development projects in India. It is intended to ensure that the benefits of development reach all sections of society, including those who are most vulnerable and marginalized. The Act has also been criticized for being too complex and cumbersome, and for placing too much burden on the government to provide compensation and benefits. Nonetheless, it remains an important piece of legislation that has the potential to improve the lives of millions of people in India who are affected by development projects

The key points of The Rehabilitation and Resettlement Act, 2013 are as follows:

1. Social Impact Assessment (SIA): The Act mandates that a Social Impact Assessment (SIA) must be conducted to identify the potential impacts of land acquisition on the affected people.
2. Fair compensation: The Act provides for fair compensation to the affected people for the loss of their land, homes, and livelihoods. The compensation must be based on the market value of the land, and must also include a subsistence allowance.
3. Rehabilitation and Resettlement benefits: The Act requires the government to provide rehabilitation and resettlement benefits to the affected people. These benefits include the provision of land for landless families, employment opportunities, housing, and other forms of support.
4. National Rehabilitation and Resettlement Authority (NRRA): The Act establishes an independent agency called the NRRA to oversee and monitor the implementation of rehabilitation and resettlement schemes.
5. Grievance redressal mechanism: The Act provides for a grievance redressal mechanism to address any disputes that may arise between the affected people and the government.
6. Consent of affected people: The Act requires the consent of at least 80% of the affected people for land acquisition in the case of private projects, and the consent of at least 70% of the affected people for public-private partnership projects.
7. Resettlement and Rehabilitation Plan (RRP): The Act mandates that a Resettlement and Rehabilitation Plan (RRP) be prepared for every project, which must include details of the compensation and benefits to be provided to the affected people.
8. Transparency and accountability: The Act seeks to promote transparency and accountability in the process of land acquisition and rehabilitation and resettlement.

Overall, The Rehabilitation and Resettlement Act, 2013 is a significant legislation that aims to protect the rights of people affected by land acquisition and to ensure that they are adequately compensated and provided with rehabilitation and resettlement benefits.