 bill no 60 of 2011 the displaced persons welfare bill, 2011 byshri s semmalai, mpa billto provide for rehabilitation of displaced persons and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1  (1) this act may be called the displaced persons welfare act, 2011 (2) it shall come into force at onceshort title and commencementdefinitions52  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 all other cases, the central government;10(b) "displaced person" means any person whose land, whether fertile or barren, or any other immovable property has been acquired by the appropriate government for any purpose and whose livelihood has been affected by such acquisition;(c) "prescribed" means prescribed by rules made under this act;5(d) "project" means any project including an industry, housing, establishment, highway, infrastructural project, hospital, educational institution, exploration of natural resources, railway project or for any civil or defence purpose, whether on lease or transfer or public-private partnership mode, launched by appropriate government or any private entity; and(e) "tribunal" means displaced persons' rehabilitation tribunal set up under section 6103 the central government shall before acquiring land for any project consult government of the state wherein the land is situatedcentral government to consult state government before acquiring land comprehensive rehabilitation plan for displaced persons4 (1) the appropriate government shall prepare a comprehensive plan for the rehabilitation of persons displaced as a result of acquisition of their land or any other immovable property for any purpose(2) the rehabilitation plan referred to under sub-section (1) shall include,—15(i) payment of compensation to displaced persons which shall not be less than the market rate of the said land or immovable property;(ii) provision of job to at  least  one member of the family of displaced person in the project developed on the acquired land;20(iii) ensuring alternate means of livelihood to displaced persons; (iv) provision of loan to displaced persons at reasonable rate of interest to enable them to earn livelihood through self-employment;(v) launching special housing or plot allotment schemes for displaced persons;and25(vi)  such other matters as the appropriate government may deem necessary for the welfare of displaced persons 5  the appropriate government shall ensure that agricultural or fertile land shall be acquired to the minimum extent possibleappropriate government to ensure minimum acquisition of agricultural or fertile land6 (1) the central government shall, by notification in the official gazette, establish a tribunal to be known as the displaced persons' rehabilitation tribunal (hereinafter referred to as the tribunal)30displaced persons' rehabilitation tribunal(2) the tribunal shall consist of:—(i) a chairperson, who shall be appointed by the central government in such manner as may be prescribed; and35(ii) four other members, who shall be appointed by the central government in such manner as may be prescribed (3) the qualification, salary and allowances payable to, and other terms and conditions of the service of chairperson and other members of the tribunal shall be such as may be prescribed40(4) the headquarters of the tribunal shall be situated in new delhi (5) the tribunal shall have its benches at such other places as the central government may  deemed necessary45(6) the central government shall determine the nature and categories of the officers and other employees required to assist the tribunal and its benches in the discharge of its functions and provide the tribunal with such officers and other employees as it may think fit(7) the salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees of the tribunal and its benches shall be such as may be prescribed57 the central government shall provide adequate funds to the state governments foreffective implementation of the provisions of the actcentral government to provide adequate funds8 (1) any displaced person aggrieved by the violation of any of the provisions of thisact, may file a complaint in writing with the tribunal or a bench thereofprocedure regarding filing of complaint, etc(2) any complaint filed under sub-section (1), shall be disposed of within three monthsof the date of the complaint10bar of jurisdiction9 (1) no civil court shall have jurisdiction in respect of any matter which the tribunalis empowered by or under this act to determine(2) the appeal against the decisions of the tribunal shall lie to a high court| 10                                                                           ||-------------------------------------------------------------------------------|| law for the time being in force in respect of matters dealt with in this act || provisions of                                                                 || this act to be                                                                || in addition to                                                                || other laws                                                                   |15power to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session  immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsland is acquired for various projects but whenever lands are acquired for any project, it has been seen that a large number of innocent people are displacedthey are not given adequate compensation for their lands after whatever nominal compensation they get, they are left to fend for themselves no additional provision is made for their rehabilitation they have no place to go and live they have been depending upon their lands for their livelihood when they find that their lands have been acquired, their lives are shattered since they are given a paltry amount as compensation, they are not able to go for self-employment alsotherefore, with a view to mitigate their sufferings, it is proposed to provide that adequate compensation at the rate of prevailing market rate must be given to land owners necessary steps must be taken for their rehabilitation it is also proposed that employment should be provided to families of displaced persons they should be provided with alternate means of earning their livelihood, opportunities for self-employment, housing schemes, etc so as to facilitate their speedy rehabilitation special tribunals are also proposed to be set up for speedy redressal in case of disputes within a time bound mannerthe bill also proposes that agricultural and fertile land should be acquired to the minimum extent possiblethe bill seeks to achieve the above objectivenew delhi;august 2, 2011 financial  memorandumclause 4 of the bill provides comprehensive plan for land acquisition including payment of adequate compensation at the prevailing market rates in case of land acquisition clause 5 provides that the appropriate government shall ensure that agricultural or fertile land shall be acquired to the minimum extent possible clause 6 of the bill also seeks to constitute special tribunals and benches for implementation of the provisions of the bill provision has also been made for appointment of officers and staff for the tribunal clause 7 of the bill provides that central government shall assist the state governments in implementation of the provisions of the billthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum  regarding  delegated  legislationclause 11 of the bill seeks to provide for framing of rules for carrying out the purposes of the bill  as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————— a billto provide for rehabilitation of displaced persons and for matters connected therewith or incidental thereto—————(shri s semmalai, mp)gmgipmrnd—1352ls(s3)—25-08-2011