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44ro_do_Tdo-33004/99

rules · 2013 · State unknown

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Parent: THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (2f291fcf18c3b5794dea794551421d0ed83cce05)

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1 · Short title and commencement: 1) These rules may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014. (2) They shall come into force on the date of their publication in the Official Gazette_ 2. Definitions:- (1) In these rules, unless the context otherwise requires; (a) "Act" means the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013); b) Form" means the Form appended to these rules; "Social Impact Assessment" means an assessment made under sub-section (1) of Section 4 of the Act; "Social Impact Management Plan" means the plan prepared as part of Social Impact Assessment process under Sub-section (6) of Section 4 of the Act; "Section' means section of the Act: Words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act:
3 · Social Impact Assessment study: ~(1) The appropriate Government shall, for the purpose of the Act; issue notification for carrying out Social Impact Assessment in accordance with Part-B of FORM-I of these rules regarding the commencement of Social Impact Assessment and the same shall be made available in the local language to the Panchayat, Municipality Or Municipal Corporation, as the case may be, and in the offices of the District Collector; the Sub-Divisional Magistrate and the Tehsil and shall be published in the form of posters and pamphlets circulated in the affected area, and by affixing the posters at conspicuous places in the affected areas and shall be uploaded on the website of the appropriate Government: Provided that such notification shall be issued within thirty days after the deposit of the processing fee for carrying Social Impact Assessment by the Requiring Body, which shall be determined under sub-rule (1) of rule 5. (2) The Social Impact Assessment shall be conducted in consultation with concerned Panchayat; Municipality or Municipal Corporation, at village level or ward level in the affected areas, for the purposes of section 4 of the Act; followed by a public hearing at the affected areas by giving adequate publicity about the date and time and venue for the public hearing to ascertain the views of the affected families which shall be recorded in writing:
8 · Process for conducting public hearings (1) Public hearings shall be held in the affected areas to bring out the main findings of the Social Impact Assessment, seeking feedback on the findings and to seek additional information and views for incorporating the same in the final documents (2) Public hearings shall be conducted in all Gram Sabhas where members are directly o indirectly affected by the acquisition of the land: (3) The date and venue of the public hearing must be announced and publicised three weeks in advance through public notifications and posters in all the villages within radius of five kilometres of the land proposed to be acquired, advertisement in local newspapers, radio, and through direct communication with Gram Panchayat or Municipal Ward representatives and by uploading the information on the website of the appropriate Government: (4) (i) The draft Social Impact Assessment report and Social Impact Management Plan shall be published in the local language three weeks prior to the public hearing and distributed to all affected Gram Panchayats and Municipal offices One copy of the draft report shall be made available in the District Collector' s office. (ii) The Requiring Body may also be served with a copy of the draft report Adequate copies of the report and summaries shall be made available on the day of the public hearing: Accessible displays and other visual shall be used to share the findings of the Social Impact Assessment report (5) (i) A member of the Social Impact Assessment team shall facilitate the public hearing which shall be organised through the local administration with the designated government officers of appropriate level. (ii) The Gram Panchayat or Municipal Ward representatives shall also be included in all the decisions regarding the arrangements for the public hearings in their respective areas. (6) All the proceedings shall be held in the local language with effective and credible translators to ensure that all the participants could understand and express their views. Representatives from the Requiring Body and designated land acquisition and Rehabilitation and Resettlement functionaries shall also attend the public hearing and address the questions and concerns raised by the affected parties.
8 · Public representatives, local voluntary Organisations and media shall also be invited to attend the public hearings. (9) The proceedings of the public hearing shall be video recorded and transcribed accordingly. This recording and transcription shall be submitted along with the final Social Impact Assessment Report and Social Impact Management Plan. (10) After the conclusion of the public hearings, the Social Impact Assessment team shall analyse the entire feedback received and information gathered in the public meetings and incorporate the same along with their analysis, in the revised Social Impact Assessment Report accordingly. (11) Every objection raised in the public meeting shall be recorded and the Social Impact Assessment team shall ensure that the every objection shall be considered in the Social Impact Assessment Report 9. Submission of Social Impact Assessment Report and Social Impact Management Plan _ The final Social Impact Assessment Report and Social Impact Management Plan shall be prepared in the local language and shall be made available to 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 propagated in the form of posters circulated in the affected areas by affixing the posters in conspicuous places and shall also be uploaded on the website of the appropriate Government 10. Social Impact Assessment Report and Social Impact Management Plan: ~The Social Impact Assessment Report and Social Impact Management Plan shall be formulated keeping in view all the relevant information and analysis in single document and reduced to writing that is clear, concise and accessible, in particular to the members of the affected communities 11. Appraisal of Social Impact Assessment Report by an Expert Group: ~(1)The Expert Group constituted under Sub-section (1) of Section 7 of the Act shall evaluate the Social Impact Assessment Report and shall make its recommendation to that effect within period of two months from the date of its constitution. (2) The recommendations of the Expert Group shall be made available in the local language to the concerned Panchayat; Municipality or Municipal Corporation, at village level or ward level in the affected areas and in the Offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil and shall be published in the form of posters circulated in the affected areas and by affixing them in conspicuous places in the affected areas and shall be uploaded on the website of the appropriate Government 12. Consideration of the Social Impact Assessment Report, recommendations of the Expert Group etc:: ~(1) The appropriate Government shall examine the Social Impact Assessment Report, the recommendations of the Expert Group, report of the Collector, if any, and recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected. (2) The recommendation of the appropriate Government under sub-section (1) shall be made available in the local language to the concerned Panchayat, Municipality or Municipal Corporation at village level or ward level in the affected areas and in the Offices of the District Collector; the Sub-Divisional Magistrate and the Tehsil and shall be propagated in the form of posters circulated in the affected areas and by affixing the posters in conspicuous places and shall also be uploaded on the website of the appropriate Government. 13. Web-based Work Flow and Management Information System for Land Acquisition and Rehabilitation & Resettlement_The appropriate Government shall create dedicated, user-friendly website that may serve as public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the Social Impact Assessment and tracking each step of decision- making, implementation and audit: 14. Additional Norms with regard to the Social Impact Assessment Process Parameters and a table of contents for the Social Impact Assessment Study and the Social Impact Management Plan are given in FORM-II: 15. Inventory of Waste, Barren and Unutilised Land. ~ To ensure acquisition of minimum amount of land and to facilitate the utilisation of unutilised public lands, the appropriate Government shall prepare district- level inventory report of waste, barren and unutilised public land, and land available in the Government land bank and shall be made available to the Social Impact Assessment team and Expert group. The inventory report shall be updated from time to time.
16 · Consent Requirements. -(1) The appropriate Government, through the concerned District Collector; shall obtain prior consent of the affected land owners in PART-A of FORM-IV along with the Social Impact Assessment study. (2F The exercise of obtaining the consent shall be undertaken by the appropriate Government, through the concerned District Collector; who may appoint officers under his control to assist him in the process of obtaining the prior consent (3) The appropriate Government shall take necessary steps for updating the records relating to land rights, title in the land and other revenue records in the affected areas, so that the names of land owners, occupants of the land and individuals be identified for initiating the prior consent process and land acquisition. 17. Consent of the Gram Sabha: (1) The District Collector shall in consultation with the representatives of the Gram Panchayats or Autonomous District Councils notify the date, timing and venue for holding special Gram Sabhas in the affected areas three weeks in advance and conduct public awareness campaigns to motivate members of the Gram Sabhas to participate in the Gram Sabhas. (2 The names and signatures of all the members who attended the meeting of the Gram Sabha shall be taken and kept in the records. (3) The quorum shall be at least fifty per cent of the total members of the Gram Sabha for considering the consent as valid: Provided that one third of the total women members of the Gram Sabha shall also be present in the Gram Sabha meeting: (4) Printed copies with the proposed terms and conditions for compensation, rehabilitation and resettlement shall be made available in the local language at least three weeks prior to the Gram Sabha meeting: (5) () For public private partnership projects and projects by private companies, representatives of the Requiring Body, who are competent to take decision and negotiate terms of Rehabilitation and Resettlement and compensation shall be present at all such Gram Sabha meetings and respond to the queries raised by the Gram Sabha members. (ii) The terms and conditions, Rehabilitation and Resettlement, compensation committed by the Requiring Body shall be explained to the Gram Sabha members in the local language and signatures of the members as well as the representative of Requiring Body shall be obtained on such terms and conditions. (6) (i) After deliberations, the Gram Sabha shall pass resolution with majority in PART-B of FORM-IV giving or withholding consent for the proposed acquisition and the resolution shall contain the negotiated terms and conditions for Rehabilitation and Resettlement, compensation, impact management and mitigation that the Requiring Body has committed and which have been signed by the District Collector or designated district officer and the representative of the Requiring Body. (ii) The Gram Sabha resolution once received shall be counter signed by the District Collector Or designated District Officer and a signed copy shall be handed over to all the panchayat representatives (7) Any resolution that does not explicitly contain a statement of consent to the project, a statement of the negotiated terms of compensation and Rehabilitation and Resettlement shall be invalid. (8) All the proceedings of the Gram Sabha shall be video recorded, documented in writing and shall be made available in the respective panchayat offices and uploaded on the website of the appropriate Government: (9) Members of the Social Impact Assessment team shall be present to assist the Gram Sabha meetings. 18. Consent of the Affected Land owners: (1) (i) In Public Private Partnership projects and projects by private companies, a list of all affected land owners from whom consent is required to be obtained shall be drawn up by district officers in consultation with the Social Impact Assessment team: (ii) The list shall be made available in the affected area, in the form of posters and handouts and by displaying the list in conspicuous places of the affected areas for at least ten days before obtaining consent: (2) In case of any objection, the views of the objector shall also be taken, and the reasons for doing so shall be recorded in writing and conveyed to the concerned person within ten days.
20 · Roles and responsibilities of the Requiring Body for consent processes. 1) The Requiring Body shall appoint representatives competent to take decisions and negotiate terms and condition of compensation and Rehabilitation and Resettlement; who shall be present in the meetings of affected land owners for obtaining the consent and reply to the queries raised by the land owners_ (2) The Requiring Body shall provide all the information on the project; prior to the taking of consent as well as any additional information, if required. FORM-I Part -A_ Terms of Reference and Processing Fee for the Social Impact Assessment [See sub-rule (1) of rule 5] The Social Impact Assessment Unit will review the proposal for land acquisition sent by the appropriate Government and produce a project-specific Terms of Reference and budget: Based on the Terms of Reference and budget, a processing fee will be determined, which must be deposited by the Requiring Body before the notification of the Social Impact Assessment can be issued (ii) The Terms of Reference shall include the following information:- a) A brief description of the project, project area and the extent of lands proposed for acquisition. The objectives of the Social Impact Assessment and all the activities that must be carried out by the Social Impact Assessment team: Sequencing, schedule and deadlines for deliverables with dates for the Social Impact Assessment process, based on the size and complexity of the project and land acquisition, and whether consent of Gram Sabhas and/or land owners is required to be sought: The appropriate size and profile of the Social Impact Assessment team required (including field surveyors if needed) to conduct the Social Impact Assessment for the specific project: A_ project-specific budget based on the Terms of Reference, with a clear break-up of costs for each item or activity: The schedule for the disbursement of funds to the Social Impact Assessment team tied to clearly- defined deliverables in the Social Impact Assessment process_ (iii) The processing fee will be determined based on the Terms of Reference and budget developed for each specific project and will be based on the type, size, location, and sensitivity of the project and the land proposed for acquisition: Information regarding the processing fee bands and the cost for separate components or line items must be made consistent and easily accessible, so that the Requiring Body can factor this into its costs in advance. These rates must be reviewed and revised from time t0 time. A fixed proportion of the fee will go towards meeting the costs of the Social Impact Assessment Unit:
2 · Impacts on physical resources a) Impacts on natural resources, soil, air, water, forests (b Pressures on land and common property natural resources for livelihoods 3 Impacts on private assets, public services and utilities a) Capacity of existing health and education facilities Capacity of housing facilities Pressure on supply of local services Adequacy of electrical and water supply, roads, sanitation and waste management system Impact on private assets such as bore wells, temporary sheds etc. 4 Health impacts Health impacts due to in-migration (b Health impacts due to project activities with a special emphasis on: 1) Impact on women s health (ii) Impact on the elderly 5. Impacts on culture and social cohesion Transformation of local political structures Demographic changes Shifts in the economy-ecology balance Impacts on the norms, beliefs, values and cultural life Crime and illicit activities Stress of dislocation Impact of separation of family cohesion (h) Violence against women 6_ Impacts at different stages of the project cycle The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of the project cycle. Below is an indicative list of impacts (a) Pre-construction phase Interruption in the delivery of services (ii) Drop in productive investment (iii) Land speculation (iv) Stress of uncertainty Construction phase Displacement and relocation (ii) Influx of migrant construction workforce (iii) Health impacts on those who continue to live close to the construction site Operation phase (i) Reduction in employment opportunities compared to the construction phase (ii) Economic benefits of the project (iii) Benefits on new infrastructure (iv) New patterns of social organisation De-commissioning phase Loss of economic opportunities (ii) Environmental degradation and its impact on livelihoods Direct and indirect impacts "Direct impacts will include all impacts that are likely to be experienced by the affected families (i.e. Direct land and livelihood losers) (ii) "Indirect impacts" will include all impacts that may be experienced by those not directly affected by the acquisition of land but those living in the project area Differential impacts Impact on women, children, the elderly and the different abled (ii) Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability and Resilience Mapping
1 · Approach to mitigation 2. Measures to avoid, mitigate and compensate impact 3_ Measures that are included in the terms of Rehabilitation Resettlement and compensation as outlined in the Act 4. Measures that the Requiring Body has stated it will introduce in the Project Proposal 5. Additional measures that the Requiring Body has stated it will undertake in response to the findings of the Social Impact Assessment process and public hearings 6_ The Social Impact Management Plan must include description of institutional structures and key person responsible for each mitigation measure and timelines and costs for each activity FORM - IV PART-A. PRIOR WRITTEN CONSENT DECLARATION FORM [See sub-rule (1)of rule 16] S. No_ Details Person Concerned Name of the person(s) as per section 3(c) & of the Act: 2 Name of the spouse: 3 Name of father/ mother: 4 Address: 5_ Village Basti: 6_ Gram Panchayat Municipality Township: 7 _ Tehsil/ Taluka: 8 District: 9 Name of other members in the family with age: (including children and adult dependents) 10_ Extent of land owned: 11. Area for_the acquisition 12 Plot No. 13_ Record of Rights_ 14 Disputed lands if any 15_ Pattas/ leases/_grants,if any 16. Any other_right,_including_tenancy_if any: 17. Regarding the acquisition of my land by the government, Iwish to state the following (please circle) (i) [ have read/readout the contents of this consent form Yes No and explained to me in language and (ii) I do not agree to this acquisition Yes No (iii) T agree to this acquisition Yes No