 bill no xcii of 2006 the multi purpose inter-state river projects and setting up of large enterprises (rehabilitation of oustees) bill, 2006 a billto provide for the appropriate rehabilitation of the oustees and more so of the poor villagers, dalits and tribals who have to vacate their ancestral houses and whose lands and immovable properties are acquired by the state for setting up multipurpose inter-state river projects or for setting up large or big industrial enterprises and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the multi-purpose inter-state river projects and setting up of large enterprises (rehabilitation of oustees) act, 2006short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government  may, by notificationin the official gazette, appointdefinitions 2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;(b) "family" includes parents and their children565 of 1951(c) "industry" shall have the meaning assigned to the term in the industries(development and regulation) act, 1951;10(d) "oustee" means any person, whose land has been acquired by the appropriate government and who has to vacate his house alongwith his family with his belongings and shift to other place to enable the government to construct a multi purpose inter-state river project or to set up a big industry at the acquired land;(e) "prescribed" means perscribed by rules made under this act; (f) "project" includes multi-purpose dam or reservoir constructed over a river passing through more than one state for the purposes of generating power, prevention of floods, irrigation and drinking water etc;15order of 1950(g) "tribal" means  people belonging to tribes which have been declared as scheduled tribes in the constitution (scheduled tribes) order, 1950 3 (1) notwithstanding anything contained in any other law for the time being in force, every project shall be formulated by the central government in consultation with the government of the states concerned with the project20central government to formulate, monitor and finance the project(2)  the project formulated under sub-section (1)  shall be implemented and monitored by the central government in such manner as may be perscribed(3) the entire cost of the project shall be borne by the central government (4) the required land shall be acquired by the appropriate government, by notification in the gazette, in such manner as may be prescribed25rehabilitation scheme for the oustees 4 (1)  the central government shall, in consultation with the governments  of the states concerned with the project or the industry as the case may be, formulate a comprehensive scheme for the appropriate rehabilitation of the oustees by providing them compensation, dwelling houses, agricultural land and such other infrastructure which is necessary for their proper rehabilitation30(2) while formulating the rehabilitation scheme under sub-section (1) special care shall be taken of the dalits, farmers, women and children and more so of the tribals keeping in view the requirements of the environment in which they are habitual of living(3) in particular and without prejudice to the generality of the foregoing powers the rehabilitation scheme shall also provide for,—35(a) giving a built up dwelling house to every oustee by the appropriategovernment with such facilities as may be prescribed;(b) giving agricultural land to every oustee farmer or other person whose landhas been acquired for the industry or the project as the case may be, by the appropriate government acquiring such land in the following manner:—40(i) if the land acquired was irrigated land, similar land which shall beten per cent more then the total area of the acquired land;45(ii) if the land acquired was not irrigated one then similar land whichshall be twenty per cent more than the total area of the acquired land and if the alternative land is irrigated land then land equivalent to the total area of the acquired land5(4) prior to administering the rehabilitation scheme it shall be the duty of the appropriate government to obtain from the likely oustees of a site chosen for the project, their choice as to whether they want to be rehabilitated within the state or district or elsewhere as proposed by the appropriate government and shall, as far as possible rehabilitate the oustees as per the option given by thememployment provision for the oustees 5 the appropriate government shall provide appropriate employment to at least oneeligible member of every family ousted for the project or industry, as the case may be, as per his calibre and qualifications in such manner as may be prescribed10educational and otherfacilities 6 the appropriate government shall provide adequate number of schools and otherinstitutions including technical and vocational ones, medical and such other facilities as may be perscribed in and around the areas where oustees have been and proposed to be rehabilitated7 the  central government shall, after due appropriation made by parliament by law made in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to providefunds15act to have o v e r r i d i n g effect8 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcesavings 9 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force20power to make rules10 the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act statement of objects and reasonsrecently, the issue of rehabilitation of oustees of sardar sarovar pariyojana on narmada river and those of a multinational joint venture company in orissa was in the limelight through the electronic and print media due to hunger strike by an activist of the narmada bachao andolan and by the chief minister of gujarat in case  of sardar sarovar pariyojana and killing of many tribals in police firing in orissa who were demanding appropriate rehabilitation of oustees and more compensation respectively in this context, it is necessary for the overall development of the country in general and specific areas or region in particular to formulate and implement multi purpose inter-state river projects or setting up of big industrial ventures the multi purpose inter state river projects give precious electricity and water in abundance which may be utilized for irrigating millions of hectares of dry land which will boost  agricultural produciton, execute drinking water schemes to quench the thirst of crores of people and millions of households and electricity will benefit the industrial and households sectors leading to the prosperity of the nation setting up of big industries will create more employment opportunities and lead to economic growth of the country but, at the same time, thousands of families and persons living in the vicinity of the proposed river project or the industry have to leave their ancestral native place to facilitate the execution of the project or the industry their rehabilitation becomes a necessity by keeping a balance between the urgency and emotional attachment or bond of the oustees with the place or site because people generally are not willing to leave their houses and hamlets and some times there are complaints and resentment against rehabilitation schemes which are often defective sometimes the villages and hamlets of the tribals situated in forest areas also come in the vicinity of the project their rehabilitation becomes problematic because of their habit of living in a particular environment and atmosphere due to these reasons agitations were galore against the sardar sarovar pariyojana or tehri dam pariyojana and other projects the issue had even gone to the supreme court of india which observed that it is essential to strike a balance between development and rehabilitation when such a vast project was being carried out and a large number of people were affected although all persons cannot be satisfied but  rehabilitation has to be reasonable on agitations the supreme court was of the opinion that parties should stop the agitational path in such matter, otherwise it would be a threat to the unity and integrity of the country however, since there is no law to deal with these important issues the matter, many a time linger on causing avoidable losses to the nationhence this billem  sudarsana  natchiappan financial  memorandumclause 6 of the bill provides that appropriate government shall provide adequate number of schools and other institutions in and around areas where oustees have been rehabilitated clause 7 makes it obligatory for the central government to provide adequate funds for carrying out the purposes of the bill since the expenditure will be project based it is difficult to make an estimate about the likely expenditure which may involve on the consolidated fund of india in case the bill is enacted and brought into force the central government will assess the likely expenditure on each project and get it approved by the parliament memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation or legislative power is of normal character———— a billto provide for the appropriate rehabilitation of the oustees and more so of the poor villagers, dalits and tribals who have to vacate their ancestral houses and whose lands and immovable properties are acquired by the state for setting up multipurpose inter-state river projects or for setting up large or big industrial enterprises and for matters connected therewith and incidental thereto————(dr em sudarsana natchiappan, mp)