The Jharkhand Displacement and Rehabilitation Policy (2008) was published in the Jharkhand Government Gazette on 25 July 2008. It is a crucial socio-economic document that outlines the state’s framework for minimizing displacement and ensuring just rehabilitation. The policy is divided into 9 chapters, addressing various aspects of land acquisition, resettlement, and rehabilitation.
Chapter 1: Preamble
- Historical movements in Jharkhand, especially by tribal leaders, arose from resistance against external interference in their customs and traditions.
- Post-independence, the demand for a separate state to protect the interests of local and tribal populations gained momentum.
- This demand led to the creation of Jharkhand on 15 November 2000.
- The state, rich in natural resources, was expected to offer a better future through industrialization.
- Significant land acquisitions were made under:
- Land Acquisition Act, 1894
- Coal Bearing Areas (Acquisition and Development) Act, 1957
- These acquisitions led to large-scale displacement, resulting in the loss of:
- Forests
- Land
- Water resources
- Livelihoods
- Community identity
- Over the past 60–70 years, there has been a massive influx of people into Jharkhand for employment, negatively affecting the:
- Social
- Economic
- Cultural
- Political identity of indigenous communities
- Tribal population has declined:
- From 50% in 1931 to 26.3% in 2011
- Reduction in reserved seats:
- Legislative Assembly: From 32 to 28
- Lok Sabha: From 7 to 5
- Land acquisition for public facilities is conducted under the Doctrine of Eminent Domain, but it results in:
- Loss of land and livelihood
- Psychological, social, and cultural impacts
- Disproportionate impact on:
- Scheduled Castes
- Scheduled Tribes
- Marginal farmers
- Women
- Weaker sections
- Rehabilitation and resettlement should:
- Involve affected communities actively
- Be part of the development process
- Offer compensation and additional support, especially to those without legal rights over land (e.g., forest dwellers)
Chapter 2: Objectives
The primary objectives of the policy include:
- Minimizing displacement by promoting alternatives that reduce or eliminate it.
- Ensuring active participation of affected persons in rehabilitation plans and speedy implementation of processes.
- Protecting the rights of vulnerable groups, especially SCs and STs, through sensitive and inclusive actions.
- Improving the living standards and ensuring sustainable income sources for affected families.
- Integrating rehabilitation efforts into broader development plans.
- Promoting cooperation between acquiring bodies and affected families for smoother processes.
Chapter 3: Key Definitions
Several critical definitions under this policy include:
- Affected Family: A family impacted due to land acquisition or involuntary displacement.
- Affected Area: A region where land acquisition displaces 100 or more families.
- Agricultural Labourer:
- Scheduled Areas: Must have resided for 30 years prior to notification.
- Non-Scheduled Areas: 15 years of residence.
- Agricultural Land: Land used for:
- Farming
- Horticulture
- Dairy
- Poultry
- Fisheries
- Sericulture
- Medicinal herbs
- Grazing
- Displacement: Loss of homestead or land used for housing.
- Family: Includes:
- Husband/wife
- Unmarried sons/daughters/siblings
- Single family: Husband, wife, minor children
- Separate family:
- Unmarried males/females over 30 years
- Physically/mentally handicapped persons with 40% disability
- Orphaned minors
- Widows
- Gram Sabha: Defined as per Jharkhand Panchayati Raj Act, 2001.
- Holding Area: Total land held by an individual as tenant or cultivator.
- Raiyat: Person whose name appears in land revenue records.
- Land Acquisition: As per Land Acquisition Act, 1894 or any other law of the state.
- Municipal Area: Defined under Jharkhand Municipal Corporation Act, 2001.
- Occupant: Tribal or forest community member occupying forest land before 13 December 2005.
- Project: Any project resulting in involuntary displacement due to land acquisition.
- Requiring Body: The company, institution, or organization for which land is being acquired by the government.
- Resettlement Area: Declared area designated for resettlement under this policy.
Chapter 4: Social Impact Assessment (SIA)
Whenever a new project is proposed or an existing one is to be expanded, which could result in the involuntary displacement of 100 or more families in a region:
- The Administrator of Resettlement and Rehabilitation must ensure a Social Impact Assessment (SIA) is conducted in the proposed affected areas.
Key Focus Areas in Social Impact Assessment:
- The SIA must evaluate the impact of the project on:
- Public and community properties
- Assets and infrastructure
- Community ponds, grazing land, fodder fields, plantations
- Fair price shops
- Panchayat buildings
- Cooperative societies
- Public utilities like:
- Post offices
- Irrigation systems
- Electricity supply
- Health centers
- Parks
- Training centers
- Community centers
- Places of worship
- Burial grounds
- Cremation sites
- Tribal culture and identity
Integration with Environmental Impact Assessment (EIA):
- In cases where both EIA and SIA are required:
- Public hearings under EIA will also cover relevant matters from SIA.
- These public hearings must be completed within 30 days.
Mandatory Approval of SIA:
- SIA approval is compulsory in all cases involving displacement of 100 or more families.
- All concerned parties must comply with conditions specified in the SIA approval.
Written Commitment from the Requiring Body:
- Before land acquisition:
- The requiring body must submit a written certificate of commitment to abide by the provisions of this rehabilitation policy.
Chapter 5: Appointment, Powers & Functions of Administrator and Commissioner
Appointment of Rehabilitation Administrator:
- If involuntary displacement of 100 or more families is likely:
- The State Government will appoint an officer (not below the level of Deputy Commissioner) as the Administrator for Resettlement and Rehabilitation.
- For projects involving displacement of less than 100 families:
- The Deputy Commissioner will be responsible under this policy.
Support Structure:
- The Administrator will be assisted by officers and staff as decided by the State Government.
Duties of the Rehabilitation Administrator:
Under the supervision of the Rehabilitation Commissioner, the Administrator is empowered to:
- Identify methods for minimum displacement in consultation with the requiring body.
- Conduct consultation with affected persons and Gram Sabhas during scheme preparation.
- Survey interests of Scheduled Tribes and weaker sections.
- Draft schemes for resettlement and rehabilitation.
- Prepare budgets in consultation with:
- Affected families
- Gram Sabhas
- Representatives of the requiring body
- Arrange for sufficient land for resettlement and rehabilitation.
- Approve benefits to be granted to affected families.
- Execute any other functions assigned in writing by the State Government.
Administrative Tools:
- The Administrator may:
- Seek help from technical experts/institutes, whose expenses will be borne by the requiring body.
- Delegate powers to any officer not below the rank of Circle Officer or equivalent.
Role of the Rehabilitation Commissioner:
- All officers appointed under this policy will report to the Rehabilitation Administrator.
- The State Government will appoint a Commissioner (or equivalent officer) for overseeing all rehabilitation matters.
- The Commissioner will be responsible for:
- Preparing schemes
- Monitoring proper implementation of the policy
Chapter 6: Resettlement and Rehabilitation Plan
This chapter outlines the process for declaring affected areas, conducting surveys, identifying affected individuals, and finalizing schemes.
Declaration of Affected Areas:
- If a project is likely to displace 100 or more families, the State will:
- Issue an order to declare the villages/locations as affected areas within 15 days of SIA approval.
Public Notification:
- Every such declaration must be published in at least three daily newspapers, of which:
- At least two must be in Hindi
- Papers must be widely circulated in the affected villages or regions
Baseline Survey:
- The Administrator will conduct a baseline survey and enumeration of affected families.
- The survey will collect village-wise information, including:
- Resident members – since when they are living, and their occupation or trade.
- Classification of workers – agricultural or non-agricultural laborers.
- Family category – SC/ST, Primitive Tribes, OBC, etc.
- Vulnerable individuals – disabled, destitute, orphans, widows, unmarried girls, deserted women, elderly (50+ years) without alternative livelihoods or who are not part of any family unit.
- Landless and BPL families, who have resided:
- At least 15 years in non-scheduled areas, or
- 30 years in scheduled areas, and certified by the Gram Sabha
- ST/SC and forest dwellers who had forest land before 13 December 2005
Timeline for Survey:
- The survey must be completed within 60 days from the date of declaration.
Draft Report and Public Feedback:
- Within 7 days after the survey:
- The Administrator will publish a draft report summarizing findings.
- Objections and suggestions from affected persons will be invited.
Survey and Data Collection
- Affected area surveys will include:
- List of non-agricultural workers including artisans.
- List of landless families including those Below Poverty Line (BPL) and those having residential land only.
- The R&R Administrator, in consultation with the Gram Sabha, will ensure that all BPL families are included.
- List of differently-abled (divyang) affected persons.
- List of encroachers, if any.
- List of public utilities and government buildings affected or potentially affected.
- Details of public and community properties and infrastructure.
- List of benefits, packages, and land available for allotment to affected families, along with basic details.
- Timeline for shifting and resettling displaced persons in the resettlement area.
- Details of service land (Pahanai, Mahto, Mundai, Pradhani, etc.) under the Chotanagpur and Santal Pargana Tenancy Acts.
- Educational qualifications of affected family members and available job opportunities in the project along with eligibility criteria.
2. Public Consultation
- Draft R&R schemes will be discussed in Gram Sabhas in rural areas and through public hearings in areas without Gram Sabhas.
- In Scheduled Areas, consultation with Gram Sabhas or Panchayats will be done as per the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
- In cases of involuntary displacement of 100 or more Scheduled Tribe families, consultation with the Tribal Advisory Council is mandatory.
3. Financial and Legal Provisions
- All expenses related to R&R including the full cost and other related expenses will be borne by the acquiring body.
- The State Government must ensure prior consent of the acquiring body for cost-bearing and compensation before approval.
- Once approved, the R&R scheme will be notified in the official Gazette and shall come into force from the date of final notification.
4. Land Acquisition by Companies
- In cases where a company acquiring land is authorized to issue shares or debentures, the affected persons will be offered the option to take up to 25% of their R&R grant in the form of shares or debentures.
5. Restrictions on Land Use Post Acquisition
- Land compulsorily acquired for a project cannot be transferred for any non-public purpose without prior State Government approval.
- If the acquired land is not utilized within 5 years partially or 15 years fully, it shall revert to the State Government without compensation.
- The State Government may use the land for other beneficial purposes or return it to the original affected families.
- The acquiring body cannot sell the acquired land.
- If the land is transferred to any person/organization for consideration, 80% of the amount received will be distributed among the original landowners in proportion to the land acquired.
6. Rehabilitation Benefits for Affected Families
- R&R benefits are extended to all affected families.
- Affected families whose houses are acquired will be allotted:
- 10 decimals of residential land in rural areas.
- 5 decimals in urban areas – free of cost.
- The acquiring body shall construct a concrete house for them, consisting of:
- Two bedrooms, one drawing room, a kitchen, and a toilet.
- Area: 100 sq. meters in urban areas, 150 sq. meters in rural areas.
- If a person opts out of housing, a lump sum of ₹3 lakh will be provided.
7. Special Provision for BPL Families
- BPL families without residential land, continuously residing for:
- 15 years in non-Scheduled Areas or
- 30 years in Scheduled Areas,
and involuntarily displaced, will be provided: - A house of 55 sq. meters in the rural resettlement area.
- Multistoried buildings may be constructed with ground floor maximum coverage of 50%.
- If opting out of housing, a one-time grant of ₹2 lakh will be given.
8. Land Allotment in Township or Nearby Areas
- Affected families unable to receive government land will be entitled to receive 1/10th of the lost land in the proposed township or its adjoining area.
9. Finalization and Implementation Process
- After the draft survey report is published, objections will be accepted for 15 days, followed by review and submission of final recommendations to the State Government within next 15 days.
- The final survey report will be published in the Gazette within 30 days of receiving it.
- The R&R Commissioner will declare the resettlement areas within 15 days of publication.
- No physical displacement shall be carried out before completion of R&R work.
- A certificate confirming the completion of R&R will be issued by the R&R Administrator in consultation with the Gram Sabha.
- Land where no buildings exist may be used for resettling families.
10. Land Availability for Resettlement
The R&R Administrator will prepare a land inventory for resettlement, which will include:
- Land acquired for the project or earmarked for this purpose.
- Government fallow land or any other land available with the government.
- Land available for purchase or acquisition for R&R purposes.
11. Preparation of R&R Scheme
- The R&R Administrator will prepare the scheme draft after consultation with affected families (including women) and representatives of the acquiring body.
- The scheme will include:
- Area of land to be acquired and names of affected villages.
- Village-wise and family-wise list of affected persons, including their age and land/property details.
- List of agricultural laborers and others dependent on agricultural livelihoods.
- List of people who lost employment or livelihood due to land acquisition.
Jharkhand Displacement and Rehabilitation Policy, 2008 – A Comprehensive Overview
The Displacement and Rehabilitation Policy, 2008 of Jharkhand outlines a detailed framework to safeguard the rights of displaced families due to industrial, infrastructure, or development projects. This blog presents all essential provisions of the policy in a structured bullet-point format.
1. Land and Housing Provisions
- Stamp duty and other registration charges for land or house allotted to displaced families shall be borne by the acquiring body.
- The allotted land or house will be free from all kinds of loans and encumbrances.
- Allotment of land or house shall be made in the joint name of the husband and wife of the displaced family.
- Any monetary compensation will also be paid through a joint account held by both husband and wife.
2. Financial Assistance for Livelihood
- If the displaced family owns livestock, a financial assistance of ₹35,000 will be provided for constructing an animal shelter.
- Each displaced family will receive ₹15,000 one-time assistance for the relocation of family members, household goods, building materials, and livestock.
- Displaced families owning permanent shops or kiosks will be granted ₹50,000 as one-time assistance for constructing a new shop or work shed.
3. Employment and Training Provisions
- If land acquisition is part of the project, the acquiring body must ensure employment to at least one eligible member of each displaced family.
- The acquiring body will arrange technical or vocational training to make affected persons job-ready and give them preference in employment.
- If the nominated member of a displaced family is otherwise eligible for employment, the upper age limit shall be relaxed by up to 10 years.
- All newly created unskilled and semi-skilled jobs in the project shall be offered to members of affected families, subject to availability and suitability.
- In case an employed displaced family member dies during service, a dependent will be provided a job on compassionate grounds.
- If no employment is offered or if a family member is not interested in employment, the affected family will receive ₹1,000 per acre per month for 30 years starting from the date of displacement. This amount will be increased by ₹500 every two years.
4. Share in Project Profit (Excluding Public Sector Projects)
- For private commercial projects (excluding Central/State Public Sector Undertakings), 1% of the net annual profit shall be distributed in cash among the affected families.
- This distribution must be done within three months of announcing the annual financial results.
5. Monthly Subsistence and Lifetime Pension
- Every involuntarily displaced family shall receive a monthly subsistence allowance equivalent to 25 days of minimum agricultural wage for a period of one year from the date of displacement.
- Project authorities shall arrange for lifetime pension of ₹1,500 per month for physically or mentally handicapped affected persons through annual insurance policies.
6. Special Provisions for SCs/STs
- In cases of projects causing involuntary displacement of 100 or more Scheduled Tribe (ST) families, special campaigns will be launched to secure land rights and prepare a Tribal Development Plan.
- The plan will include strategies to restore ownership over transferred land and ensure alternative resources like fuel, fodder, and non-timber forest products over five years.
- At least one-third of the compensation amount shall be paid as the first installment, and the remaining will be paid when possession of the land is taken.
- Affected ST families shall, as far as possible, be resettled within the Scheduled Area.
- Free land shall be provided in such tribal-dominated resettlement areas for community and religious gatherings.
- If an SC/ST/OBC family is relocated outside its district, it shall be given 25% more compensation in monetary terms.
7. Special Provisions for Hydropower Projects
- In hydropower project areas, affected families previously dependent on rivers, ponds, or dams for fishing shall be given fishing rights in the project reservoirs.
8. Infrastructural Amenities in Resettlement Areas
- In cases where 100 or more families are displaced, the resettlement area must be provided with state-notified infrastructural facilities and exemptions.
- These facilities shall include:
- Roads and public transport
- Drainage and sanitation
- Safe drinking water (for both humans and animals)
- Community ponds, grazing lands, plantations, social forestry, agro-forestry
- Fair price shops, Panchayat buildings, cooperative societies, post offices
- Seed and fertilizer depots, irrigation facilities
- Primary health centers and maternal-child nutritional services
- Playgrounds, parks, community centers
- Training institutes, worship spaces, land for traditional tribal institutions
- Burial grounds/cremation sites and security arrangements
9. Village Integration and Legal Recognition
- The resettlement area shall be integrated into an existing Gram Panchayat or Municipality.
- Land and housing ownership documents shall be formally handed over to the families by the District Administration.
- If the new settlement is not part of a revenue village, it will be declared as a new revenue village.
- For issuing residential certificates in the future, proof of length of stay in the affected area or entry in the land record (Khatian) can be used.
10. Indexation of Compensation
- All monetary assistance and rehabilitation grants under the policy shall be indexed to the Consumer Price Index (CPI) and periodically revised by the State Government.
11. Development of Areas Around Project Sites
- The acquiring body will be responsible for development within a 15-km radius around the project site.
- It must also contribute to the socio-economic development of the adjoining areas.
12. Grievance Redressal Mechanism
- For any project that displaces 100 or more families, a Resettlement and Rehabilitation Committee shall be formed.
- The committee will monitor and review implementation and shall be chaired by a government officer not below the rank of Sub-Divisional Officer (SDO).
- Members shall include:
- Representative women from the affected area
- One representative each from SCs, STs, and OBCs living in the affected area
- Representative from the lead bank
- Chairpersons or nominees of Panchayats and Municipalities from the affected region
- Members of Parliament and State Assembly from the affected area
- Project’s Land Acquisition Officer
- One representative from the acquiring body
This policy reflects the State’s commitment toward ensuring dignified resettlement, sustainable livelihood, and inclusive development for displaced families while recognizing the special needs of marginalized communities such as Scheduled Tribes, Scheduled Castes, and Other Backward Classes.
District-Level Resettlement & Rehabilitation Committee
- A permanent committee will be constituted under the Chairmanship of the Deputy Commissioner in every district.
- It will monitor and review resettlement and rehabilitation (R&R) activities for all affected families except those handled at the project level.
- The powers and functions of this committee will be prescribed by the state government.
Tribunal (Nyayadhikaran)
- A three-member tribunal will be appointed by the state government for timely redressal of grievances under the policy.
- Any displaced individual not receiving entitled R&R benefits can file a petition before the tribunal.
- The tribunal has authority to:
- Review decisions made by R&R administrators or committees.
- Direct appropriate actions to implement the R&R policy.
- Disputes related to compensation amount for acquired land or property will be settled under the Land Acquisition Act, 1894, or other applicable laws, not by the tribunal.
Chapter 9 – Monitoring Mechanism
State-Level Resettlement and Rehabilitation Council
- Headed by the Chief Minister.
- Functions:
- Provide advice, supervision, and review for implementation of R&R policy.
- Members include:
- Concerned Department Minister
- Chief Secretary of Jharkhand
- Secretary of the relevant department
- Renowned national-level expert (optional)
- At least two meetings must be held every year.
State-Level Monitoring Committee
- Constituted under the Chairmanship of the Development Commissioner.
- Reviews and monitors implementation of all R&R schemes under the policy.
- Members:
- Secretary, Revenue and Land Reforms Department (also acts as Secretary of the Committee)
- Secretaries of departments like:
- Road Construction
- Water Resources
- Industries
- Welfare
- Health
- Human Resource
- Mines & Geology
- Energy & Environment
- Labour & Employment
- Agriculture
- Law (Justice Department)
- Urban Development
- R&R Commissioner as the convenor.
- Secretary of the acquiring department will be a special invitee.
- Project R&R Administrator and Requiring Body Representative will be permanent invitees for quick decision-making.
Transparency and Public Information
- All information regarding displacement and rehabilitation, including:
- Names of affected people
- Details of R&R packages
- Will be published online for public access.
- Gram Sabhas and Panchayats will be officially informed by project authorities.
- For every major project, a monitoring committee will be set up within the concerned department.
Nodal Department and Amendments
- The Revenue and Land Reforms Department is the nodal agency for implementing and enforcing this policy.
- The state government has the power to amend provisions of this policy as needed.
Rules under the RFCTLARR Jharkhand Rules, 2015
Social Impact Assessment (SIA)
- As per Section 4 of the Act, SIA is mandatory.
- The SIA report must be prepared in Hindi.
- Public hearings must be conducted:
- In all Gram Sabhas and Ward Sabhas.
- In tribal areas, local languages will be used through translators.
Consent for Land Acquisition
- Consent will be taken from:
- Landowners
- In Scheduled Areas, consent is needed from both landowners and Gram Sabhas under the PESA Act.
- The requiring body must deposit compensation and R&R funds in the Deputy Commissioner’s office for timely distribution to landowners.
Forest Rights Act Provisions
- Families given land rights under the Forest Rights Act are also eligible for compensation and R&R benefits.
Agricultural and Marginal Workers
- Agricultural laborers, small traders, and artisans will be paid wages for 200 days at current rates as part of rehabilitation.
Compensation for Encroachers (Bhugat Bandhak)
- Encroachers (those cultivating land without ownership) will receive a one-time payment of ₹25,000 per acre of cultivated land.
Appointment of R&R Commissioners
- Additional Deputy Commissioner of the district is notified as R&R Commissioner.
- Divisional Commissioner is also notified as R&R Commissioner.
Project-Level R&R Committees
- Committees are formed at the project level under Deputy Commissioners.
- Members include:
- Elected representatives
- Affected family representatives
- These ensure grievances are addressed at the district level itself.
State-Level Review Committee
- A separate committee under the Development Commissioner is formed to monitor and review the overall R&R policy at the state level.
Divisional R&R Authorities
- Divisional (Pramandal) level R&R authorities will be formed for better implementation.
- In urgent cases, consultation with the High Court will guide actions.
Land Bank Policy
- The state is creating a land bank to reduce future land acquisition needs.
Land Acquisition Limits
- In any district:
- Not more than 2% of irrigated multi-crop land will be acquired.
- Not more than 25% of total net sown area will be acquired.
Compensation for Rural and Urban Landowners
- Compensation norms:
- 4 times the market value in rural areas
- 2 times the market value in urban areas
Community Infrastructure Restoration
- The state will ensure restoration or replacement of community assets lost to land acquisition, including:
- Roads
- Public transport
- Drainage and sanitation
- Drinking water sources
- Community ponds
- Grazing land
Notes for Exam Preparation:
- Focus areas include:
- Tribunal structure
- Compensation provisions
- Land acquisition limits
- Role of monitoring committees
- SIA & PESA Act integration
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