G.R. Dt. 3rd November, 2012 – Department of Revenue and Forest – Sub- Policy for the Rehabilitation of Families affected by National Parks and Sanctuaries in Maharashtra
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Policy for the Rehabilitation of Families affected by Sanctuaries, National Parks and other Forest Projects
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- WLP- 1012/Pra.Kra.122/F-1
Mantralaya, Mumbai -400 032
Dated 3rd November, 2012
Vide:-
[1] Government Resolution No:- WLP -1099/Pra.Kra.191/F-1, Mantralaya, Mumbai-400 032, Dt. 17th July, 2000.
[2] Government Corrigendum of the Even Number Dt. 28th July, 2000.
[3] Government Resolution No:- WLP -1007/Pra.Kra.16/F-1, Mantralaya, Mumbai-32, Dt. 23/01/2007.
[4] Government Resolution No:- Sankirna -2011/Pra.Kra.80/R-8, Mantralaya, Dt. 24th May, 2012.
[5] Government Resolution No:- Sankirna -2011/Pra.Kra.92/R-8, Dt. 21/08/2012.
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(1) Preface:-
Under the provisions of the Wildlife (Protection) Act, 1972, 6 National Parks, 41 Sanctuaries and 1 Conservation Reserved Zone are notified from the perspective of wildlife protection in the State of Maharashtra. Of these, the area covered by 4 National Parks and 6 Sanctuaries are comprised in Melghat, Pench, Tadoba-Andhari and Sahyadri Tiger Projects in the State. In the protected zones, it is necessary to provide or upgrade the existing amenities and infrastructural facilities, such as asphalting of kuchcha roads, laying new lines for the supply of electricity, schools, colleges and other development works for the benefit of its settlement. However, due to the Wildlife Protection Act, 1972 and various rulings of the Supreme Court rendered in furtherance thereof, it is not feasible to undertake such development works. Moreover, for creating safe zones for wild animals and for reducing the wild animals-human conflict, it has become imperative to relocate the human settlements from the safe zones outside Sanctuaries/National Parks. For achieving the golden mean of the development of villages from the Protected Zones and the conservation of wild life, it has become necessary to rehabilitate the villages from the protected areas.
The Revised Guidelines declared by the Central Government in the year 2011 for the rehabilitation of villages comprised in the Tiger Projects apply only to the rehabilitation of villages from the areas of Tiger Projects in the State. In case of National parks and Sanctuaries in the State of Maharashtra the original policy vis-à-vis the rehabilitation of villages from the protected zones came to be fixed under the Government Resolution No: No:- WLP -1099/Pra.Kra.81/F-1, Dt. 17. 07.2000 and since then ancillary modifications have been made to the Original Policy by the Forest Department, from time to time. From the perspective of protection of tigers, Tiger Projects have become projects of national importance and funds are received from the Central Government for their rehabilitation. However, from the standpoint of rehabilitation, in general, the existing Central Government Policy for Tiger Projects and the existing State Government Policy for the other protected zones in the State is somewhat discrepant and as the scenario in both the places is identical, it is necessary to introduce uniformity, therein.
The existing Rehabilitation Policy of the Forest Department is in consonance with the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The definition of Project under this Act also includes a Wildlife Sanctuary. The Maharashtra Project Affected Persons Rehabilitation Act, 1999 provides for rehabilitation of persons in the beneficial areas attached to rehabilitation areas. However, unlike Irrigation Projects, the sanctuaries do not have beneficial areas; hence, it becomes very difficult to find alternative site for carrying out rehabilitation and as such Rehabilitation Projects become tedious.
At present, in case of villages from the protected zones, the Rehabilitation Process is in progress as per the provisions of Government Resolution Dated 17th July, 2000 and Dated 23rd July, 2007. Furthermore, in 2008, the Central Government issued Guidelines for the rehabilitation of villages comprised in the Tiger Projects and later on a Rehabilitation Policy was declared in the year 2011. In view of all these considerations, the Government contemplated the matter of enforcing a Revised Policy for the Rehabilitation of villages from the areas of Sanctuaries/National Parks other than the Tiger Projects, along the lines of the Central Government Policy.
In view of the above discussion and in supersession of the existing Government Resolutions in the Department of Forest regarding Rehabilitation, Dated 17th July, 2000 and Dated 23rd July, 2007 and in furtherance of the decision taken by the Cabinet in its Meeting Dated 9th October, 2012, Government Sanction is hereby granted for enforcing following Options in the matter of rehabilitation to be undertaken in Sanctuaries/Tiger Projects/National Parks, as set out hereunder:-
Option: – 1
In case of Villages which are ready for Voluntary Rehabilitation as per the Resolution of Gram Sabha:-
Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 provides for the publication of a Notification by the Divisional Revenue Commissioner vis-à-vis the rehabilitation of villages from the areas affected by a Project. Section 13 provides for the publication of a Final Notice after publication of such Notification. If Gram Sabhas (Village Assemblies) of the villages from the Tiger Projects/National Parks/Sanctuaries, which are required to be rehabilitated as per the Report of the Enquiry Officer, pass a Resolution for the voluntary rehabilitation, then the families from such villages which volunteer for Self-Rehabilitation by accepting a cash of Rs. 10.00 Lakh per family along the lines of Option 1 under the Guidelines of the Central Government vis-à-vis the Rehabilitation of villages comprised in Tiger Projects, should be rehabilitated as per such Option, by obtaining a Bond from them, to the effect that they are voluntarily accepting such Option. After voluntary acceptance of cash of Rs. 10.00 Lakh in lieu of the rehabilitation as described above, steps under Section 13 to Section 19 vis-à-vis the Rehabilitation Process in the wake of publication of Notification under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, would not be expected to be initiated.
Option: 2
Those families which express a desire to be rehabilitated by resorting to the Rehabilitation Procedure should have the option of being rehabilitated as per the existing provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999.
Both the above Options are of Voluntary Nature and the Project Affected Families may voluntarily elect either of them:-
As far as possible, the Tribal families to be rehabilitated should be rehabilitated in the adjoining forest tribal areas, peculiar to the same tribal community or in other tribal areas where they share cultural similarity by upholding their cultural and traditional rights and customs.
Option 1:- Guidelines for the purpose of Rehabilitation vis-à-vis the notification under the Maharashtra Rehabilitation Act:-
1. An Agreement should be executed between the Rehabilitated family and the Project Officer, to the effect that the former has voluntarily accepted a cash of Rs. 10.00 Lakh in lieu of the Rehabilitation Package and its relocation is voluntary.
2. Before undertaking Rehabilitation of the villages relocated from the protected zone i.e. Sanctuaries, National parks etc; a final settlement should be recorded regarding all rights under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in conformity with the prescribed Rules and System. This stipulation shall also apply to the voluntary option. As far as possible, rehabilitation of the tribal brethren opting for voluntary rehabilitation should be carried out in the areas contiguous to the forest areas where they share cultural similarity, in order that their cultural and traditional rights can be upheld.
3. A family means the person and spouse, his/her minor son/daughter, minor brother, unmarried sister, parents, other relatives dependent upon such person for their likelihood and subsistence and staying with him. A major son above 18 years of age/unmarried major daughter above 18 years, shall be treated as a separate family. The number of families which are in existence on the date of publication of the Notification under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 shall be treated as final.
4. Before awarding compensation to the Project Affected Persons, a Joint Savings Bank Account in the name of husband and wife should be opened in a Nationalised Bank. Moreover, the Bank Pass Book should be handed over to them. Participation of the Zilla Parishad or Zilla Rural Development Agency should be enlisted for the purpose of grant of compensation to the Project Affected Persons and the mode of its utilisation and thereby the said activity should be monitored.
5. It should be ensured that the Project Affected Persons are paid monthly interest on the amount of compensation deposited in their Savings Account up to certain date of each month, to enable them to meet their aggregate of complimentary needs.
6. If a Project Affected Persons is buying a farm land or constructing a house for residential purpose etc., then first priority or liberty should be granted for the disbursal of amount from the funds deposited in his Savings Account to enable him to raise the necessary amount for constructing immovable property. In this regard, the joint decision shall be taken by the concerned Assistant Conservator for Forest and the Sub-Divisional Revenue Officer. The amount payable to the farm land/housing seller should be paid by a Demand Draft to be issued by a Nationalised Bank out of the amount paid to the Project Affected Persons and this averment should be clearly incorporated in the Terms and Conditions of the Agreement executed with the Project Affected Person.
7. The Zonal Director/Administrator of the Forest Department should maintain and update a separate document for each Project Affected Person and the information, in that regard, is required to be furnished to the District Co-ordinator of the Tiger Project/Sanctuary/Protected Zone.
8. District Collectors should issue Certificate to the Project Affected Persons regarding their status as the Project Affected Persons under the relevant Scheme and provide to them the benefit of 5% Reservation earmarked for the Project Affected Persons for the purpose of their absorption in Government Scheme on priority basis.
9. Implementation of various Schemes at the District Level and the monitoring thereof, should be undertaken by the Village Panchayats and Gram Sabhas from the project affected villages.
10. District Collectors shall carry out valuation of the villages or the property of the Project Affected Persons which are being relocated from the Tiger Projects/Sanctuaries/National Parks on the basis of the Ready Reckoner Rates formulated by the Inspector General applicable as on the date of Notification publication under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 and shall also pay the price, inclusive of the additional solatium amount of 30%.
11. The information required by the persons to be rehabilitated for the purpose of making their choice of selecting their option in the matter of Rehabilitation should be furnished to them in writing and free of cost.
12. Two Bank Accounts should be opened for the landless families to be rehabilitated and Rs. 1.00 Lakh should be deposited in one Account, while Rs. 9.00 Lakh should be deposited in the Joint Account opened with the District Collector. Of this sum of Rs. 9.00 Lakh, Rs. 5.00 Lakh should be invested in the form of Annuity. Benefit of the excellent Sanctuaries/National Parks which will develop on the sites of rehabilitated villages from the Sanctuaries/National Parks when they are made free from human settlement, will accrue to the entire society. Hence, a permanent source of income will be generated for the livelihood and subsistence of the rehabilitated persons who sacrifice their benefits for the benefit of the entire society. If the rehabilitated families want to acquire immovable property such as land/farm land, then the necessary amount shall be disbursed to them from their Joint Account upon joint recommendations of the concerned Assistant Conservator of Forests and the Sub-Divisional Revenue Officer by means of a Demand Draft to be mentioned in the Agreement for Sale, to the effect.
13. If a Gram Sabha grants its sanction:-
(A)(a) All families shall be paid Rs. 10.00 Lakh in the equal ratio.
(B) If the above option is not acceptable and such families, having their immovable properties ask for the Evaluation Amount, then District Collectors should carry out valuation of such properties on basis of the Ready Reckoner Rates formulated by the Inspector General of Registration applicable as on the date of Notification issued under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 and pay such amount along with additional solatium amount (30%) to the concerned families and after deducting such amount from the aggregate cash amount payable to all eligible families in the village the balance amount should be disbursed to all eligible families in the equal ratio. However, if any families express their willingness and the Gram Sabha concurs in that regard, then the amount required for the purpose of electrification, water supply, agricultural land, site for house in the Gaothan etc., out of Rs. 10.00 Lakh payable to such families, may be transferred to the concerned Agency e.g. Public Works Department, Maha Vitaran, Maharashtra Life Authority, District Rural Development Agency, Zilla Parishad, Irrigation Department, etc.
14. Option 1 is applicable to the residents of the village and they are required to have any of the following three documentary proofs for the purpose of verification of their status as residents of the village, which should be valid on the date of Notification issued under Section 11 of the Maharashtra Relief and Rehabilitation Act:-
(1) 8-A Certificate issued by the Village Panchayat (House Certificate).
(2) Ration Card.
(3) Election Identity Card.
15. Those families which are not residents of the village, but only have land and other immovable property standing in their name in the village, should be paid compensation equal to the valuation of their property. However, the Cash Package of Rs. 10.00 Lakh shall not be applicable to them.
In respect of Option 1, the onus of completing the procedure of Rehabilitation shall rest upon the Project Officer of the minimum Deputy Conservator’s Rank to be appointed by the Chief Conservator of Forest/Additional Principal Chief Conservator of Forest of the concerned Wildlife Circle.
Option 2:-
1. The following Procedure should be adopted for the allotment of alternative land to the families affected by Sanctuaries, National parks and other Forest Projects.
1.1 To allot alternative land:-
(a) Area of Alternative Land:- Each Project affected agriculturist family whose land has been acquired for National Parks/Sanctuaries or other Forest Projects, shall be provided land as described below:-
| Area of Acquired Land of the Family in the Area under Rehabilitation | Area of the Alternative Land to be made available | |
| 1. | 80 Are or Less | (1) Minimum 40 Are, but Less than 80 Are. |
| 2. | Above 80 Are, but Less than 2 Hectare | (2) Minimum 80 Are, but Less than 1 Hectare 20 Are. |
| 3. | Above 2 Hectare | (3) 2 Hectare |
(b) Land to be offered to the Landless Farm Labourer Family:- Each landless family to be displaced from the National Park/Sanctuary shall be provided 40 Are land.
(c) Land Fit for Faming:- The land to be allotted should be fit for farming and if necessary, such land should be leveled and made fit for farming.
1.2 As National Parks, Sanctuaries and other Forest Projects do not have the beneficial areas, the following order of different Options should be taken into consideration while providing alternative land.
(1) Sometimes land is available in the beneficial areas of the nearest Irrigation Dam, then in such case, the land left over after carrying out rehabilitation of the families affected by Irrigation Projects as per the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, if any, should be used on priority basis.
(2) Where land is not available in the beneficial areas of the Irrigation Dam, but Government land or pasture land or E-Class land is available, then in such event, District Collectors shall stand authorised to provide such land. While exploring such Option the available land in nearest Gaothan, too, should be considered.
(3) Private land for the allotment of alternative land should be made available for the purpose of allotment after purchasing it by following the necessary Procedure.
(4) If even after dealing with all the aforesaid options, the land cannot be made available then price of the land due to the concerned Project Affected Persons should be worked out as per the Ready Reckoner System of Rates formulated by the Inspector General of Registration applicable on the relevant date and such price, along with 30% ex-gratia grant for additional solatium payable, thereon, should be paid in cash.
(5) If valuation of the immovable property of the whole village exceeds 30% of the total package payable for the village, then the remaining amount shall be made available by the Government.
(6) Each family shall be provided an amount equal to 20% of the Package for the site of house and its construction.
(7) Where the Rehabilitated families are provided by the Government the land fit for farming, free of cost, the amount earmarked therefor (the balance amount left over after 35% of the Package, and acquisition of rights) may be made available for providing Public Amenities.
(8) While providing Public Amenities all endeavors shall be made to bring the farm lands provided to the rehabilitated villages under irrigation by getting sanctioned a small irrigation scheme from the available package on priority basis.
(9) A Social Development Plan for the Rehabilitated villages should be drafted in consultation with the District Collector and by incorporating the other existing schemes.
(10) As per the above referred Government Resolution in the Department of Rehabilitation, the District Collectors shall have the powers to grant Administrative Sanction for the Civic Amenities up to Rs. 1.00 Crore and the Divisional Commissioners shall have the powers to sanction Civic Amenities up to Rs. 5.00 Crore.
(11) If non-forest land is not available under all the aforesaid Options and provision of forest land for the allotment of alternative land is feasible, then all necessary permissions for the conversion of forest lands into non-forest purpose under the Forest Conservation Act, 1980 should be taken and the land should be allotted. While providing forest lands from the department first priority should be given for the bushy land.
The aforesaid Options should be dealt with in the given order. When even after exploring Option Nos. 1 to 3 lands cannot be made available, then steps should be taken as per Option No. 11. For the displaced persons from the National Parks and Sanctuaries, the area for their rehabilitation contiguous the boundaries inside the same National Park or Sanctuary should be earmarked on priority basis.
1.3 To determine Cash Value of the Alternative Land:- The responsibility of computing the proposed cash value in lieu of the alternative land as per its valuation under the Ready Reckoner System of Rates formulated by the Inspector General of Registration applicable on the date of Notification issued under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, along with the additional solatium (30%) amount shall rest upon the concerned District Collector (Revenue Division).
1.4 To Provide Funds for the Allotment of Alternative Land or for Allotment after Purchase of Land:-
The entire expenditure of the Rehabilitation of displaced persons from the National Parks and Sanctuaries should be borne by the Forest Department (inclusive of cost of alternative land) and for this purpose it would be required to make a budgetary provision or procure the same from the concerned Agency. For this purpose, a minimum 10% provision should be made in the Annual Planned Layout of the CAMPA for rehabilitation related works. Moreover, the necessary provision for the purpose of rehabilitation shall be made from the 13th Finance Commission and the available budgetary provision. Moreover, Rehabilitation Works can also be undertaken from the Tribal Remedial Measures with the sanction of the Tribal Department.
1.5 The following District Level Committee is hereby constituted in each District for the Implementation of Rehabilitation Works and for monitoring such works.
| (i) | District Collector | Chairman |
| (ii) | Deputy Conservator of Forests (Territorial) | Member Secretary |
| (iii) | Deputy Conservator of Forest (Wildlife) | Member |
| (iv) | Chief Executive Officer, Zilla Parishad | Member |
| (v) | Executive Engineer, P.W. Department | Member |
| (vi) | Executive Engineer, Irrigation Department | Member |
| (vii) | Executive Engineer, M.S.E Board | Member |
| (viii) | Project Officer, Integrated Tribal Project | Member |
| If the Committee deems fit, it may invite the other concerned officers to attend the Meeting. | ||
A Meeting of the said Committee shall be held minimum once in a month.
Functions of the said Committee shall be as hereunder:-
(1) To select land for the purpose of Rehabilitation with the concurrence of the concerned villages.
(2) To obtain necessary sanction of the Central Government under the Forest Conservation Act, 1999 vis-à-vis the forest land required for the Rehabilitation.
(3) To provide facilities and amenities in the Rehabilitated Gaothans.
(4) To make an agricultural land fit for farming.
(5) To allot farm land to the affected families.
(6) To enlist public support and the participation of voluntary organisations for this work.
(7) To take a decision vis-à-vis enforcement of Option -1 or Option -2.
(8) To determine the number of total families.
(9) To redress grievance of the Project Affected Families.
(10) To take a final decision in the matter of grievances concerning the list of Project Affected Families.
(11) To take a decision vis-à-vis family status for the major son/daughter above 18 years.
(12) To take a decision as to whether a person is resident of the village.
2. Following Public Amenities should be provided to the Rehabilitated Villages as proposed under Section 10 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999:-
2.1 Permanent provision for drinking water.
2.2 School with an attached sports ground.
2.3 To construct Village Panchayat Office, Chavadi or Community Hall.
2.4 Internal gravel road.
2.5 If necessary, foot track through farm land.
2.6 Electricity Supply.
2.7 Crematorium.
2.8 Sewers.
2.9 Financial Assistance for Public or Individual Toilets.
2.10 Land for keeping cattle.
2.11 Land for Bus- Stand.
2.12 Land for threshing ground.
2.13 Grazing Land.
2.14 Developed land for Markets.
2.15 Land for future expansion of Gaothan.
2.16 Land for Secondary School, Dispensary, Primary Health Centre, Bank, Post Office, Garden for children.
2.17 Land for Registered Institute for the people in Gaothan.
2.18 Land for Play Ground.
2.19 Apart from this, other ancillary and complimentary works pertaining to rehabilitation may be undertaken under this Option.
The responsibility for rehabilitation shall rest upon the concerned District Collector and the District Rehabilitation Committee. The responsibility of setting up machinery for the implementation of rehabilitation procedure shall rest upon the concerned District Collector. The concerned Divisional Commissioner shall monitor the said rehabilitation procedure.
The Deputy Conservator of Forests (Territorial) of the concerned area within whose operational area the rehabilitation is to be carried out shall be the Ex-Officio Project Officer and he and District Collector shall be jointly responsible for the purpose of rehabilitation. The Divisional Commissioner shall monitor the entire Rehabilitation Process.
This Government Resolution shall apply to the ongoing Rehabilitation Process (e.g. Koyna Sanctuary, Tipeshwar Sanctuary, Navegao National Park, Tadoba Andhari Tiger Project). Moreover, provisions of this Government Resolution shall also apply to the ongoing Rehabilitation Works in other protected areas.
Depositing the Funds obtained for Rehabilitation in the Personal Ledger Account or the Account of the Forest Development Agency:-
Rehabilitation is a long term ongoing process which calls for consistency of funds. Keeping interests of the Project Affected Persons at the focal point and having regard to the administrative urgency, the State Government, vide its Government Resolution in the Department of Revenue and Forest, bearing No. RPA-2006/Pra.Kra.1(2) R-1, Dated 17.03.2006, has already sanctioned a Policy in this regard, consenting to the opening of a Personal Leger Account vis-à-vis the funds required for the Rehabilitation Works. Hence, a Personal Ledger Account may be opened with the Rehabilitation Administrators, vis-à-vis the funds obtained for the rehabilitation of families hailing from the Wildlife Sanctuaries/National Parks/Tiger Projects or alternatively keeping in view the objects of the Forest Development Agencies established for boosting participation of the local people in the forest related matters under the Joint Forest Management Scheme, the said funds may be deposited in the Account of the concerned Forest Development Agency. In respect of Option -1, the funds may be deposited with the District Rural Development Agency for the development of means of subsistence and livelihood.
By the order and in the name of the Governor of Maharashtra,
Sd/-
[Vivek Khandekar]
Joint Secretary (Forests)
Department of Revenue and Forest
To,
The Chief Secretary, Maharashtra State, Mantralaya, Mumbai-32,
The Principal Secretary (Rehabilitation), Department of Revenue and Forest, Mantralaya, Mumbai -32,
The Principal Secretary (Revenue), Department of Revenue and Forest, Mantralaya, Mumbai-32,
The Principal Secretary (Finance), Department of Finance, Mantralaya, Mumbai-32
The Principal Secretary (Planning), Department of Planning, Mantralaya, Mumbai-32
The Principal Secretary, Public Works Department, Mantralaya, Mumbai-32
The Principal Secretary, Department of Irrigation, Mantralaya, Mumbai-32
The Principal Secretary, Department of Energy, Mantralaya, Mumbai-32
The Principal Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai-32
The Principal Chief Conservator of Forests, (Head of Forest Force), Maharashtra State, Nagpur,
The Principal Chief Conservator of Forests (Wildlife), Maharashtra State, Nagpur,
Divisional Commissioners (All), District Collectors (All),
District Rehabilitation Officers (All), Sub-Divisional Officers (All),
The Accountants General 1 and 2 (Audit/Accounts & Entitlement), M.S, Mumbai/Nagpur,
Department of Finance (Vyaya-10), Mantralaya, Mumbai -32,
Desks F-2 to F-11, Department of Revenue and Forest, Mantralaya, Mumbai-32,
F-1 Desk, Department of Revenue and Forest, Mantralaya, Mumbai -32 (Select File).
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[Text Translated by Adv. Prakash Manohar Chalke –
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