**Summary:**
This policy addresses the rehabilitation of displaced tribal populations in India. Land and its management fall under the jurisdiction of State Governments, as outlined in the Constitution of India. Land acquisition is governed by various Central and State Acts, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. The RFCTLARR Act, 2013 is implemented by appropriate Government as defined under Section 3e of the said Act.
Key points:
* **Data Management:** Data on displaced families is not centrally maintained. The government advises State Governments on safeguards available to tribal communities under existing laws.
* **Monitoring and Grievance Redressal:** State Monitoring Committees, constituted by State Governments, oversee the implementation of rehabilitation and resettlement schemes. Land Acquisition, Rehabilitation and Resettlement (LARR) Authorities are established to resolve disputes related to land acquisition, compensation, rehabilitation and resettlement within six months. The National Monitoring Committee (NMC), headed by the Secretary of the Department of Land Resources (DoLR), monitors projects of national or inter-state significance.
* **Ministry of Tribal Affairs Role:** The Ministry of Tribal Affairs, as the nodal ministry for the Forest Rights Act (FRA), issues directions and guidelines to ensure the Act's proper implementation. Grievances related to the displacement of Scheduled Tribe (ST) communities are forwarded to the relevant State Governments for action.
* **Legal Safeguards:** Several legal provisions protect the interests of Scheduled Tribe communities:
* Schedule V of the Constitution provides safeguards against displacement due to land acquisition, empowering Governors to regulate land transfers in Scheduled Areas.
* The Panchayats Extension to Scheduled Areas Act (PESA), 1996 mandates consultation with Gram Sabhas or Panchayats before land acquisition and resettlement in Scheduled Areas.
* The Forest Rights Act (FRA), 2006, aims to prevent displacement and involves democratic institutions in recognizing and vesting forest rights. It also ensures that the rights are heritable but not transferable, with specific provisions for spousal and household head ownership. Eviction is prohibited until recognition and verification procedures are complete.
* The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, addresses wrongful dispossession and interference with rights, including forest rights.
* The RFCTLARR Act, 2013 includes special provisions for STs under Sections 41 and 42. It recognizes individuals granted forest rights under FRA 2006 or other relevant laws as landowners. The Act also outlines compensation for landowners (First Schedule), rehabilitation and resettlement for affected families (Second Schedule), and infrastructural amenities in resettlement areas (Third Schedule). It details procedures for identifying affected persons, calculating compensation, and developing rehabilitation and resettlement processes.
Key Entities Referenced
Ministry of Tribal Affairs: The central government ministry responsible for the welfare and development of Scheduled Tribes in India, acting as the Nodal Ministry for FRA matters.
Lok Sabha: The lower house of the Parliament of India, where the Union Minister of State for Tribal Affairs responded to a question regarding tribal rehabilitation.
Ministry of Rural Development, Department of Land Resources: The Nodal Ministry at the Centre for land related matters.
Constitution of India: The supreme law of India, which allocates land management to the States under the Seventh Schedule List II State List Entry No. 18.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: A central act that governs land acquisition and provides for fair compensation, rehabilitation, and resettlement, with special provisions for Scheduled Tribes.
State Governments: The governments of the individual states within India, responsible for implementing land acquisition and rehabilitation laws.
Scheduled Tribe: Officially designated groups of indigenous peoples in India who receive special protections and considerations under the law, especially regarding land rights and displacement.
The Panchayats Extension to the Scheduled Areas Act, 1996: An act ensuring consultation with Gram Sabha or Panchayats before land acquisition in Scheduled Areas for development projects.
Ministry of Tribal Affairs
Rehabilitation of Displaced Tribals
Posted On: 31 JUL 2025 4:53PM by PIB Delhi
In Lok Sabha, the Union Minister of State (MoS) for Tribal Affairs Shri Durgadas Uikey replying today to an
un-starred question of Shri Rahul Gandhi informed that the Ministry of Rural Development, Department of
Land Resources (DoLR) which is Nodal Ministry at the Centre for land related matters has informed that
Land and its management fall under the exclusive legislative and administrative jurisdiction of States as
provided under the Constitution of India (Seventh Schedule- List II (State List)- Entry No. (18).
Further, land acquisition is undertaken by the Central and State Governments under various Central
and State Acts, including the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (RFCTLARR) Act, 2013. The provisions of the RFCTLARR Act
2013 are implemented by ‘appropriate Government’ as defined under Section 3(e) of the said Act.
The data of displaced /affected families is not centrally maintained. However, the Government has
been advising the State Governments with regard to safeguards available for the tribal communities
under various laws. The special provisions under various laws to protect the interests of the
Scheduled Tribe community are in the Annexure.
As informed by Ministry of Rural Development, Department of Land Resources (DoLR) with regard
to the monitoring and grievance redressal mechanisms, under the RFCTLARR Act, 2013, the State
Monitoring Committees are constituted by the State Governments for reviewing and monitoring the
implementation of rehabilitation and resettlement schemes or plans. For speedy disposal of
disputes relating to land acquisition, compensation, rehabilitation and resettlement, "the Land
Acquisition, Rehabilitation and Resettlement (LARR) Authorities" are established by the appropriate
Government, as per Section 51 of the RFCTLARR Act, 2013. The LARR Authorities have to
dispose of reference made to them within a period of six months from the date of receipt. At
National level, the National Monitoring Committee (NMC) has been constituted under Section 48 of
the RFCTLARR Act, 2013 headed by Secretary (DoLR) to review and monitor the implementation of
Rehabilitation and Resettlement schemes or plans for only National or Inter-State projects."
Further, the Ministry of Tribal Affairs, being the Nodal Ministry for Monitoring and administering the
legislative matters of FRA, by exercising power under Section 12 of the Act, has been issuing directions and
guidelines from time to time on various aspects to ensure proper implementation of the Act. Any grievances
received in the Ministry related to displacement of ST community are forwarded to concerned State
Government for necessary action.
Annexure
Special provisions to protect the interest of Scheduled Tribe community are as follows:
(1) Constitutional provisions under Schedule - V provide for safeguards against displacement of tribal
population because of land acquisitions etc. The Governor of the State which has scheduled Areas is
empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to
members of the Scheduled Tribes in such cases. Para 5.2 of the V Schedule of the Constitution has a
predominant object of imposing total prohibition on transferring immovable property in a scheduled area
to any person other than a tribal.(2) The Panchayats (Extension to the Scheduled Areas) Act, 1996 (in short PESA) also provides that
"The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the
acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating
persons affected by such projects in the Scheduled Areas".
(3) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act" (in short, FRA) enacted in 2006 provides adequate safeguards to avoid any displacement of tribal
population but also seeks to involve democratic institutions in the process of recognition and vesting of
forest rights at the grassroots level.
a) Section 4 (4) of FRA stipulates that the right shall be heritable but not alienable or transferable and
shall be registered jointly in the name of both the spouses in case of married persons and in the name of
the single head in the case of a household headed by a single person and in the absence of a direct heir, the
heritable right shall pass on to the next-of-kin.
b) Section 4 (5) of FRA states that "Save as otherwise provided, no member of a Forest Dwelling
Scheduled Tribe or Other Traditional Forest Dweller shall be evicted or removed from forest land under
his occupation till the recognition and verification procedure is complete".
(4) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides
wrongfully dispossessing members of the Scheduled Tribes from their land or premises or interfering with
the enjoyment of their rights, including forest rights, over any land or premises or water or irrigation
facilities or destroying the crops or taking away the produce there from amount to offence of atrocities and
are subject to punishment under the said Act.
(5) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and
Resettlement Act, 2013 (RFCTLARR Act, 2013) has special provisions for STs, which have been
spelled out under Sections 41 and 42.
(i) The First Schedule of the RFCTLARR Act provides for compensation for land owners. As per Section
3(r)(ii) of the RFCTLARR, 2013, 'land owner' includes any person who is granted forest rights under
FRA, 2006(2 of 2007) or under any other law for the time being in force.
(ii) The Second Schedule of the RFCTLARR, provides for rehabilitation and resettlement for all the
affected families (both land owners and the families whose livelihood is primarily dependent on land
acquired) in addition to those provided in the first Schedule.
(iii) The Third Schedule of the RFCTLARR, provides for infrastructural amenities for a reasonably
habitable and planned settlement in the resettlement area. Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and RFCTLARR Act, 2013 further spells out the procedure for
identification of the affected persons/ families [sub-section (c) of Section 3], determining and calculating
the compensation amount (Section 26 to 29), as well as mechanisms for developing rehabilitation and
resettlement processes (Chapters V and VI).*****
RN
(Release ID: 2150793)