Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

B.-Appraisal of Social Impact Assessment Report by an Expert Group

7. Appraised of Social Impact Assessment report by an Expert Group.

1.      The appropriate Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.

2.      The Expert Group constituted under sub-section (1) shall include the following, namely:-

a.      two non-official social scientists;

b.     two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be;

c.      two experts on rehabilitation; and

d.     a technical expert in the subject relating to the project.

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3.      The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group.

4.      If the Expert Group constituted under sub-section (1), is of the opinion that,-

a.      the project does not serve any public purpose; or

b.     the social costs and adverse social impacts of the project outweigh the potential benefits, it shall make a recommendation within two months for the date of its constitution to the effect that the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same:

Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision:

Provided further that where the appropriate Government, inspite of such recommendations, proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.

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5.      If Expert Group constituted under sub-section (1), is of the opinion that,-

a.      the project will serve any public purpose; and

b.     the potential benefits outweigh the social costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options available:

Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision.

6.      The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the appropriate Government.

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