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Land Acquisition (LAQ) and Social Impact
Assessment (SIA)
Land Acquisition (LAQ) Process in Gujarat
State
Legal Aspects of Land Acquisition
 The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), 2013
(w.e.f. 27/09/2013)
 The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017
(w.e.f. 13/10/2017)
The Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act
(RFCTLARR), 2013
Objectives
Transparent
Process of
Land
Acquisition
Informed
Consultation
&
Participative
approach
Just & Fair
Compensation
Least
Disturbance
Rehabilitation
and
Resettlement
RFCTLARR Act, 2013
Chapter
No.
Contents of Chapter Sections/ Provisions
I Preliminary 1 to 3
II Determination of Social Impact and Public Purpose 4 to 9
III Special Provision to Safeguard Food Security 10
IV Notification and Acquisition 11 to 30
V Rehabilitation and Settlement Award 31 to 42
VI Procedure & Manner of Rehabilitation and
Resettlement
43 to 47
VII National Monitoring Committee for Rehabilitation
and Resettlement
48 to 50
VIII Establishment of Land Acquisition, Rehabilitation
and Resettlement
51 to 74
IX Apportionment of Compensation 75 to 76
X Payment 77 to 80
XI Preliminary 81 to 83
XII Offences and Penalties 84 to 90
XIII Miscellaneous 91 to 114
RFCTLARR Act, 2013
Schedule
No.
Contents of Schedules Sections/ Provisions
First Compensationfor LandOwners As per Sec-30(2)
Second Element of Rehabilitation and Resettlement
Entitlements for all the affected families
(Both land owners and the family whose
livelihood is primarily dependent on land
acquired) in addition to those provided in
the First Schedule
As per Section 31(1), 38(1)
& 105(3)
Third Provisionfor infrastructure amenities 32, 38(1) & 105(3)
Fourth Listof enactmentsregulatinglandacquisition and
rehabilitation amdresettlement.
105
List of Schedules
Appropriate
Government
Commissioner
R &R
Collector
Administrator
SIA Team
PAP/F
R & R
Authority
Requiring
Authority
Local Body
Expert Group
Stakeholders for Land Acquisition
Central Government Level
National Monitoring
Committee
Oversight at Central Level
for all projects
State Government Level
State LA & RRAuthority
Dispute Resolution for State
Projects
Committee constituted by
Appropriate Government
Whether projects are for public
purpose?
Commissioner, RR
Overall Admin forLA & RR in
State
Institutional Structure
RFCTLARR Act, 2013 (1894)
Details RFCTLARR Act, 2013
Public Purpose No significant change except private companies for PPP.
Social Impact Assessment
(SIA)
SIA concept Introduced
Consent from affected
people
 Prior Consent of 80 per cent of land owners is
obtained when land is acquired for private projects
 Prior Consent of 70 per cent of land owners is
obtained when land is acquired for public-private
partnership projects.
 No prior consent required for Infrastructure work of
Govt.
Compensation Market value doubled in rural areas and single in urban
area
Market Value Whichever is higher of:
(a) value specified for stamp duty, and - Ready Reckoner
(b) average of the top 50% by recorded price of sale of
land in the vicinity
(c) Consented amount u/s 2(2)
Solatium 100%
RFCTLARR Act, 2013
Details RFCTLARR Act, 2013
Return of land to land
owner
Acquired land if not used within 5 years, it will be
returned to Land Bank or land owners.
R&R R&R necessary for all affected families. Minimum R&R
entitlements to be provided to each affected family
specified.
Market Value of Land As perSection26ofAct (Gujarat Stamp Act, 1958)
Multiplication Factor Case Land Compensation
1. Metropolitan Areas, A, B,
C, Class Municipal Areas,
Special Planning Authorities,
Area Dev. Authorities, & New
Townships
(market value x 1 ) plus value of assets attached to land or
building)plus( 100% solatium)
2. Rural Areas (market value x 2) plus value of assets attached to land or
building) plus( 100% solatium)
House is lost in rural area A constructed house shall be provided as per the
specifications of Indira Aawas Yojana
House is lost in Urban area A constructed house shall be provided of 50 sq.mtrs. Plinth
area
One time payment One time payment of Rs. 5 lacs to each affected family to
those who have eligible candidate for employment.
RFCTLARR Act, 2013
Details RFCTLARR Act, 2013
Transportation cost Rs. 50,000 per affected displaced families.
One time financial
assistance
Those families having cattle shed or petty shops will get
Rs. 25,000 one time financial assistance.
One time grant One time grant for artisans, small traders of Rs. 50,000.
One time resettlement
allowance
One time resettlement allowance of Rs. 50,000 after
shifting of house.
Stamp duty and registration
charges
Stamp duty and registration charges will be borne by
Requiring Body for the first transaction of the
rehabilitated person only.
Requiring Body to provide
infrastructure in
Rehabilitation and
Resettlement area.
Which includes the roads, drainage,
Panchayatghar, post office,
Samaj Mandir and other facilities as mentioned in
the THIRD SCHEDULE
Public purpose" means the activities specified
under sub-section (1) of section 2;
Public purposes enlisted in Act
(a) for strategic purposes relating to naval, military air force, and
armed forces of the Union, including central paramilitary forces
or any work vital to national security or defense of India or State
police, safety of the people;
(b) for infrastructure projects, which includes the following,
namely:-
(i) all activities or items listed in the notification of the Government
of India in the Department of Economic Affairs (infrastructure
Section) number l3/6/2009-lNF, dated the 27th March,2012,
excluding private hospitals, private educational institutions and
private hotels;
(ii) projects involving agro-processing, supply of inputs to
agriculture, warehousing, cold storage facilities, marketing
infrastructure for agriculture and allied activities such as dairy
fisheries, and meat processing, set up or owned by the appropriate
Government or by a farmers' cooperative or by an institution set up
under a statute;
(iii) project for industrial corridors or mining activities, national
investment and manufacturing zones, as designated in the
National Manufacturing Policy;
(iv) project for water harvesting and water conservation
structures, sanitation:
(v) project for Government administered, Government aided
educational and research schemes or institutions:
(vi) project for sports. heath care, tourism, transportation or
space programme
(vii) any infrastructure facility as may be notified in this regard
by the Central Government and after tabling of such notification
in Parliament;
(c) project for project affected families
(d) project for housing for such income groups, as may be specified
from time to time by the appropriate Government;
(e) project for planned development or the improvement of village
sites or any site in the urban areas or provision of land for
residential purposes for the weaker sections in rural and urban
areas
(f) project for residential purposes to the poor or landless or to
persons residing in areas affected by natural calamities, or to
persons displaced or affected by reason of the implementation of
any scheme undertaken by the Government, any local authority or
a corporation owned or controlled by the State.
Important definition as per the Act
• Affected area – area notified by the appropriate government
for land acquisition
• Family - includes a person, his or her spouse, minor children,
minor brother and minor sister dependent on him
• Provided widows, divorces and women deserted by family
shall be considered separate family
• An adult of either gender with or without spouse or children
or dependents shall be considered as a separate family
• Displaced family – means family who relocated and resettled
at resettlement area
• Land owner – name is recorded as owner + granted forest
right under Forest right Act + granted patta right + owner of
land/property by an order of court
• Affected family – family whose land and other
immovable acquired + Agricultural labour+ tenants +
sharecroppers + artisans (working since three year) +
livelihood affected + who lost forest right (scheduled
tribes and other traditional forest dwellers) + family
whose primary source of livelihood dependent on forest,
water bodies, fisher folks etc (since three years) + land
allowed under central and state gov + family residing on
land or getting livelihood for more than three years
• Cost of acquisition = includes (compensation + solatium
+ damage to land and crops during acquisition + asset
attached to land + resettlement colony + infrastructure at
resettlement colony + administrative cost (i.e SIA)
Important definition as per the Act
Proposal is Received by the Appropriate
Government
Social Impact Assessment (SIA)
Conducted by Appropriate
Government ( Sec 4-6)
SIA report examinedby Independent
Expert Group ( Sec 7)
Collector submits report on status of
alternative sites
Consent of affected sought in projects
falling under
{Sec 2(b)}
Legitimacy of ‘Public Purpose’
and SIA tobe examined and
approved by Appropriate
Govt. ( Sec 8)
Pre Notification
Land Acquisition Process
Publication of Preliminary Notification to
acquire ( Sec 11)
Public Hearing;
disposal of
Objections (Sec 15)
by Collector &
report to
Appropriate Govt.
Right to enter
lands, carry our
survey &
marking (Sec-12)
Any damage during
survey to be paid for
( Sec 13)
Finalization of
R&R Scheme,
Prepare & Review
(Sec 16-17)
Award for
Compensation Sec-23
Solatiutm Sec- 30 &
for R&R (Sec 31)
Draft Declaration &
R & R Scheme
publish (Sec 19)
Agreement to be executed
by Land owner & Gram
Panchyat
Section of compensation
Award of Land
Notification
Land Acquisition Process Cont..
Every notification & Declaration shall be
mandatorily published in
• TheOfficialGazette
• Twowidelycirulateddailynewspapers( one inlocal
language)
• OfficeofPanchayat,localbodies,collector,Subdivisional
Officer& tahsil
• UploadedonthewebsiteoftheAppropriate
government
• Inthe affectedareas.
29
Stages of Act with Timeline
Pre Notification Stage
Sr.
No.
Process Time Frame
1 SIA Study (Sec-4(2) 2nd proviso) 6 Months
2 Appraisal by expert group –for
reasoned recommendation
(Sec-7(4) (b) )
2 Months
3 Examination by appropriate Govt. &
issuance of Pre-Notification (Sec-14)
(From The date of appraisal by
Expert Group)
12 months
from SIA
Report
24
Notification Stage
Sr.
No.
Process Time Frame
1 Record updating & corrections
(Section 1(5))
2 Months
2 Public hearing / Preparation of R&R
schemes / declaration of R&R
2 Months
Sr.No. Process Time Frame
1 Declaration of “Resettlement
Area” (Sec 19(2) -3rd proviso
& 19(7)) by Secretary or officer
authorized.
12 Months from
Sec-11 notification
2 Land Acquisition Award
(Sec 23, 25 & 30)
12 Months from
Sec-19 declaration
3 Payment of compensation 3 Months
4 R & R award Sec 31 6 Months
Post Notification Stage
26
Sr.
No.
Process Time Frame
1 Reference to be made by
aggrieved being a person who
represented before Collector.
Within 6 weeks of
Award
2 In other cases Reference to be
made by aggrieved being a
person.
Within 6 weeks of
receipt of notice
Sec 21 or within 6
months of Award
3 Sending Reference to Authority 30 days of
receipt
4 If not sent….Applicant to
approach Authority
Within 30
Days
Post Award Stage
27
Awards
Award for Land Acquisition
Award made in respect of every affected family
whose land is being acquired (this will include
landless tenants as well) and containing details
of LA compensation as listed in the First
Schedule; ( Sec-23 r/w 30(2))
Award for R&R
Award made in respect of every affected family,
regardless of whether they may be losing land
or not, containing details of R&R entitlements
as listed in the Second Schedule. ( Sec-31 )
Urgency Clause (SEC-40)
• The Urgency Clause can only be invoked in the
following cases:
• National defence and security purposes
• Resettlement & Rehabilitation needs in the event
of natural calamities such as floods or
earthquakes or any other emergency with the
approval of the Parliament.
S.I.A.(mandatory in all cases except acq. by
urgency clause.) (sec 4)
 AGENCY----- State SIA unit.
 SIA Notification within 30 days after depositing
processing fee.
 SIA shall be conducted in consultation with Panchayat,
M.C., or Mun. Corp. followed by Public Hearing.
 SIA Report in Form 1 to state Govt. in 6 months
 SIA REPORT---
 Project Feasibility Report.
 Project Impact Report.
 Social Impact Management Plan.(Form 2)
 Publication of SIA study Report.
 Public hearing by appropriate govt.
 Expert group for evaluation of SIA report.
R&R Applicability in certain persons
other than specified persons- (sec 46)
• Any person other than specified person is
purchasing land through private negotiation has to
file an application before the Collector, notifying
him of intent to purchase, purpose and particulars
of land; (limit notified by AG)
• “Specified persons” includes any person other than-
-
– Appropriate Government; -
– Government company;
– -Association of persons or trust or
registered society.
R&R Applicability in certain persons
other than specified persons- (sec 46)
• Any purchase of land by a person other than specified
person without complying with the provision of R&R
Scheme shall be void ab initio.
• Collector shall pass individual award covering R&R
provision based upon the R&R scheme approved by
Commissioner.
• Appropriate Government may notify area for such limits
on sale and purchase.
• Any land purchased through negotiations on or after 5th
Sept. 2011 and acquired within three years from the date of
commencement of this Act,then,40% compensation shall be
shared with original land owners.
Infrastructural Amenities under R&R
(3 rd Schedule)
25 Infrastructural amenities to be provided in the Resettlement
area, including:
• Schools and playgrounds;
• Health Centres;
• Roads and electric connections;
• Assured sources of safe drinking water for each family as perGovt.
norms;
• Panchayat Ghars as appropriate;
• Anganwadi’s providing child and mother supplemental
nutritional services as per Govt norms;
• Places of worship and burial and/or cremation ground depending on
the caste-communities at the site and their practices;
• Village level Post Offices, as appropriate, with facilities for
opening saving accounts;
• Fair price shops and seed-cum-fertilizer storage facilities ifneeded
Reference provisions
(sec- 64,65,72, 73 & 76)
• Any person interested who has not accepted the
award may, by written application to the Collector
requires that the matter be referred to the
AppropriateAuthority.
• “Appropriate Authority” means the Acquisition
and Resettlement Authority established under
section 51 of the Act.
Reference provisions
(sec- 64,65,72, 73 & 76)
34
• Reference shall be made within a period of thirty
days of receipt of application.
• In making the reference, Collector’s statement shall
be forward in writing.
• Collector may be directed to pay interest on excess
compensation or re-determination of amount of
compensation by theAuthority.
Transparency Provisions
• Social Impact Assessment
– Gram Sabha to be consulted (Sec-4)
– Summary of SIA notified along with Draft
Notification (Sec-6)
– SIA document made available for publicscrutiny
• R&R Scheme (Sec-16)
– Summary notified along with Draft declaration
Made available for public scrutiny.
– Individual Awards declaration (Sec-30(2))
• Public Disclosure
– All documents mandatorily to be made available in the
public domain and on the website
Section
99
No Change of
Purpose
Section
100
No Change of
Ownership
Section
101
Land not Used
within 5 years to be
returned to Land
Bank/ Land Owner
Section
46(6)
Sharing
appreciated value
Important Changes
Important Features
1 Safeguarding
Food Security
 Multi crop area to be avoided
 As last demonstrable resort, if needed as per
limit fixed for all projects in a district by AG
except Road, Railway etc.
 Equivalent area of cultural wasteland shall be
developed or an amount equivalent to value of
land acquired to be deposited with AG for food
security
2 Special
Provisions
for SC/ST
 SC/ST PAP in addition to R&R package
 Land to each family in irrigation project
 One time financial assistance of Rs.50,000
 Families settled out of district to get 25% of RR
package extra
 1/3 rd comp advance, DP to be prepared
 Reservation to be continued
Important Features
3 Special
provisi
on for
Farmers
 Acquisition only if necessary.
 Enhanced compensation (as per schedule 1) Strict
restrictions on multi crop acquisition.
 Consent…
• 70 % consent for acquisition of public private
partnership projects .
• 80 % consent for acquisition of private
companies.
 Return of unutilized land(Sec. 101)
 Share in sale of acquired land increased
value if sold to another without
development. (Sec-102)
 Income Tax Exemption / Stamp Duty
Exemption (Sec-96)
Benefits for agricultural laborers,
Tenants & Share-croppers
4 Tenants who may not own any land but are engaged
in any form of tenancy or holding a usufruct right
are covered under this Act.
• Share-croppers, Artisans who have been working in
the affected area for 3 years prior to the acquisition
and whose primary source of livelihood stands
affected by the acquisition of land.
• They will receive not just the R & R benefits but
also a share in the compensation to be provided.
Retrospective operation: (section 24)
• Where no award under section 11 of the 1894 Act has been
made, the new law will apply with regard to
compensation. (sec.24/a )
• Where award has been made then proceedings shall
continue under L A Act as if Act not been repealed.
(sec 24/b)
• When an award has been made but the affected individuals
have not accepted compensation or have not yet given up
possession, and the proceedings have been pending for 5
years or more, provisions of the new law will apply. (sec
24/2)
• Provided when a majority of individuals in an affected area
have not received compensation then the new law will
apply.
Safeguards against indiscriminate
acquisition
• Draft notificationto include:
-Summaryof SIA
- Particularsof Administratorfor R& RwhopreparesR& R
Scheme.
• Draft Declarationto include:
- Summaryof R& Rpackage
• NoChangeof Purpose:
-NoChangefromthe purposesspecifiedinthe landuse plan
submittedat the time of landacquisitionwill be allowed.
Safeguards against indiscriminate
acquisition
• Change of ownership :
-No changeofownershipwithoutspecificpermissionof
Appropriate Govt.isallowed.
• Landnot Used :
-Landthatis not used within 5 years in accordancewith
the purposes for which itwas acquired atthe timeof
acquisition,shallbetransferredtotheStateGovernments
LandBank orto the originalland owner.
• SharingAppreciatedValue :
-Uponeverytransferoflandwithoutdevelopment,40% of
the appreciated land value shallbe mandatorily shared
withtheoriginalownerwhoselandhasbeenacquired.
Amendment Bill 2015
LA
provisions
to 13Acts
Land
Return
provision
relaxed
Retrospective
application of
new LAAct
..calculation of
period
Not Private Companies but
‘Private Entities ’
AG may specify limit for
acquiring Multicrop irrigated
lands
Prior
sanction
for
prosecution
The Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement
(Gujarat) Rules, 2017
Process of Land Acquisition in
Gujarat
1. Uchchhal, Vyara, Mahuwa, Mahuwa, Mandvi, Nizar, Songadh,
Valod,MangrolandBardolitalukasinSuratdistrict.
2. Dediapada, Sagbara, Valia, Nandod and Jhagadia talukas in
Bharuchdistrict
3. Dangs district and taluka Bansda, Dharampur, Chikhali, Pardi
andUmbergaontalukasinValasaddistrict
4. Jhalod, Dohad, Santrampur, Limkheda and Deogarh Baria
talukasinPanchmahaldistrict
5. Chhotaudepur and Naswadi talukas and Tilakwada mahal in
Vadodora district Khedbrahma, Bhiloda and Meghraj talukas,
andVijayanagarmahalinSabarkanthadistrict
Scheduled Areas in Gujarat
Format for Gramsabha Resolution (Form-VI-B)
Prior Consent and Declaration by PAFs (Form-VI-A)
SIA Report (Form-IV) by SIA Team and SIMP Team (Form-V)
Notification for Social Impact Assessment study U/S 4(1) by Revenue
Department (Appointment of SIA Team) (Form III)
Collector submit report to Revenue Department (Form-II)
Filing the Requisition for LA by R.O. to Collector-cum-Appropriate
Govt. (Form-I)
Process of Land Acquisition in Gujarat
Daft agreement to be executed by Land owner under Section 23-A
(Form XI)
Summary of Resettlement and Rehabilitation Scheme by Collector
under Section under 19 (1) (Form X)
Declaration of Public Purpose, Area to be acquire and Resettlement
Area by Revenue Department under section 19 (1) (Form IX)
Notice by Collector for Objection on notification Under Section 11(1)
(Form VIII)
Intention for Land Acquisition Preliminarily notification Under
Section 11 (1) by Revenue Department (Form VII)
Process of Land Acquisition in Gujarat Cont.
Social Impact Assessment and Social Impact
Management Plan
Objectives
of SIA
Whether
acquisition
serves public
Purpose Ensuring
social equity
by identifying
potential
affected &
displaced
families
Cost benefit
Analysis &
verifying no
alternate
location
feasible
Enhancing
Social
inclusion in
deciding
actual extent
of
impact/effect
Land
requirement
absolutely
bare minimum
Mitigating
negative social
effect
1
Analyze Project
Context 2
Identify &
analyze
Stakeholder
3
Identify social
factors/variables
4
Analyze data
and assess
priorities
5
Consult
stakeholders &
develop
mitigation
plans
6
Implement
mitigation plan
& public
participation
7
Ensure
monitoring
with
stakeholder
involvement
Social Impact
Assessment Cycle
First Phase
Primary details of
Site and introduction
Details collected
from secondary
sources and
consultation
Preparation for
field survey
Second Phase
Data collection from
the families affected
due to project
Field Survey
Method for
implementation
Third Phase
Data Analysis and
report writing after
project survey
Information
Analysis and social
impact study
Public consultation
on social impact
study
Phases of SIA Study
Structure of SIA Report
Chapter Chapter Name Contents
Chapter-1 Executive Summary (a) Project and public purpose (b) Location (c) Size and attributes of land acquisition (d) Alternatives considered
(e) Social Impacts (f) Mitigation measures (g) Assessment of social costs and benefits
Chapter-2 Detailed Project
Description
(a) Background of the project, including developers background and
governance or management structure (b) Rationale for project including how the project fits the public purpose
criteria listed in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. (c) Details of project size, location, capacity, outputs, production targets,
cost, risks (d) Examination of alternatives
(e) Phases of project construction (f) Core design features and size and type of facilities
(g) Need for ancillary infrastructural facilities (h) Work force requirements (temporary and permanent)
(i) Details of Social Impact Assessment or Environmental Impact Assessment if already conducted and any
technical feasibility reports (j) Applicable legislations and policies
Chapter-3 Team composition,
approach,
methodology and
Schedule of the
Social Impact
Assessment
(a) List of all team members with qualifications. Gender experts to be included in team. (b) Description and
rationale for the methodology and tools used to collect information for the Social Impact Assessment. (c)
Sampling methodology used.
(d) Overview of information or data sources used. Detailed reference must be included separately in the forms.
(e) Schedule of consultations with key stakeholders and brief description of public hearings conducted. Details of
the public hearings and the specific feedback incorporated into the Report must be included in the forms.
Chapter-4 Land Assessment (a) Information from land inventories and primary sources - Describe with the help of the maps (b) Entire area of
impact under the influence of the project (not limited to land area for acquisition) (c) Total land requirement for
the project (d) Present use of any public, unutilised land in the vicinity of the project Area (e) Land (if any)
already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the
project (f) Quantity and location of land proposed to be acquired for the project (g) Nature, present use and
classification of land and if agricultural land, irrigation coverage and cropping patterns (h) Size of holdings,
ownership patterns, land distribution, and number of residential houses (i) Land prices and recent changes in
ownership, transfer and use of lands over the last 3 years
Chapter Chapter Name Contents
Chapter-5 Estimation and
enumeration (where
required) of affected
families and assets
Estimation of the following types of families that are - (a) Directly affected (own land that is proposed to be acquired):
(i) Are tenants or occupy the land proposed to be acquired (ii) The Scheduled Tribes and other traditional forest
dwellers who have lost any of their forest rights (iii) Depend on common property resources which will be affected
due to acquisition of land for their livelihood iv) Have been assigned land by the appropriate Government under any
of its schemes and such land is under acquisition; (v) Have been residing on any land in the urban areas for preceding
three years or more prior to the acquisition of the land (vi) Have depended on the land being acquired as a primary
source of
livelihood for three years prior to the acquisition (b) Indirectly impacted by the project (not affected directly by the
acquisition of own lands) (c) Inventory of productive assets and significant lands
Chapter-6 Socio-economic and
cultural profile
(affected area and
resettlement site)
(a) Demographic details of the population in the project area (b) Income and poverty levels (c) Vulnerable groups (d)
Land use and livelihood (e) Local economic activities (f) Factors that contribute to local livelihoods (g) Kinship
patterns and social and cultural organization (h) Administrative organization (i) Political organization (j)
Community-based and civil society organisations (k) Regional dynamics and historical change processes (l) Quality
of the living environment
Chapter-7 Social impacts (a) Framework and approach to identifying impacts (b) Description of impacts at various stages of the project cycle
such as impacts on health and livelihoods and culture. For each type of impact, separate indication of whether it is a
direct or indirect impact, differential impacts on different categories of affected families and where applicable
cumulative impacts (c) Indicative list of impacts areas include: impacts on land, livelihoods and
income, physical resources, private assets, public services and utilities, health, culture and social cohesion and gender
based impacts
Chapter-8 Analysis of costs
and benefits and
recommendation on
acquisition
a) Final conclusions on: assessment of public purpose, less-displacing alternatives, minimum requirements of land,
the nature and intensity of social impacts, the viability of the mitigation measures and the extent to
which mitigation measures described in the Social Impact Management Plan will address the full range of social
impacts and adverse social costs. (b) The above analysis will use the equity principle described in Rule 9(10)
as a criteria of analysis for presenting a final recommendation on whether the acquisition should go through or not
Chapter-9 References and
Forms
For reference and further information
Structure of SIA Report
Social Impact Management Plan
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 a description
of institutional structures and key person responsible for each
mitigation measure and timelines and costs for each activity
Land acquisition procedure in Gujarat State

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Land acquisition procedure in Gujarat State

  • 1. Land Acquisition (LAQ) and Social Impact Assessment (SIA)
  • 2. Land Acquisition (LAQ) Process in Gujarat State
  • 3. Legal Aspects of Land Acquisition  The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), 2013 (w.e.f. 27/09/2013)  The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017 (w.e.f. 13/10/2017)
  • 4. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), 2013
  • 5. Objectives Transparent Process of Land Acquisition Informed Consultation & Participative approach Just & Fair Compensation Least Disturbance Rehabilitation and Resettlement
  • 6. RFCTLARR Act, 2013 Chapter No. Contents of Chapter Sections/ Provisions I Preliminary 1 to 3 II Determination of Social Impact and Public Purpose 4 to 9 III Special Provision to Safeguard Food Security 10 IV Notification and Acquisition 11 to 30 V Rehabilitation and Settlement Award 31 to 42 VI Procedure & Manner of Rehabilitation and Resettlement 43 to 47 VII National Monitoring Committee for Rehabilitation and Resettlement 48 to 50 VIII Establishment of Land Acquisition, Rehabilitation and Resettlement 51 to 74 IX Apportionment of Compensation 75 to 76 X Payment 77 to 80 XI Preliminary 81 to 83 XII Offences and Penalties 84 to 90 XIII Miscellaneous 91 to 114
  • 7. RFCTLARR Act, 2013 Schedule No. Contents of Schedules Sections/ Provisions First Compensationfor LandOwners As per Sec-30(2) Second Element of Rehabilitation and Resettlement Entitlements for all the affected families (Both land owners and the family whose livelihood is primarily dependent on land acquired) in addition to those provided in the First Schedule As per Section 31(1), 38(1) & 105(3) Third Provisionfor infrastructure amenities 32, 38(1) & 105(3) Fourth Listof enactmentsregulatinglandacquisition and rehabilitation amdresettlement. 105 List of Schedules
  • 8. Appropriate Government Commissioner R &R Collector Administrator SIA Team PAP/F R & R Authority Requiring Authority Local Body Expert Group Stakeholders for Land Acquisition
  • 9. Central Government Level National Monitoring Committee Oversight at Central Level for all projects State Government Level State LA & RRAuthority Dispute Resolution for State Projects Committee constituted by Appropriate Government Whether projects are for public purpose? Commissioner, RR Overall Admin forLA & RR in State Institutional Structure
  • 10. RFCTLARR Act, 2013 (1894) Details RFCTLARR Act, 2013 Public Purpose No significant change except private companies for PPP. Social Impact Assessment (SIA) SIA concept Introduced Consent from affected people  Prior Consent of 80 per cent of land owners is obtained when land is acquired for private projects  Prior Consent of 70 per cent of land owners is obtained when land is acquired for public-private partnership projects.  No prior consent required for Infrastructure work of Govt. Compensation Market value doubled in rural areas and single in urban area Market Value Whichever is higher of: (a) value specified for stamp duty, and - Ready Reckoner (b) average of the top 50% by recorded price of sale of land in the vicinity (c) Consented amount u/s 2(2) Solatium 100%
  • 11. RFCTLARR Act, 2013 Details RFCTLARR Act, 2013 Return of land to land owner Acquired land if not used within 5 years, it will be returned to Land Bank or land owners. R&R R&R necessary for all affected families. Minimum R&R entitlements to be provided to each affected family specified. Market Value of Land As perSection26ofAct (Gujarat Stamp Act, 1958) Multiplication Factor Case Land Compensation 1. Metropolitan Areas, A, B, C, Class Municipal Areas, Special Planning Authorities, Area Dev. Authorities, & New Townships (market value x 1 ) plus value of assets attached to land or building)plus( 100% solatium) 2. Rural Areas (market value x 2) plus value of assets attached to land or building) plus( 100% solatium) House is lost in rural area A constructed house shall be provided as per the specifications of Indira Aawas Yojana House is lost in Urban area A constructed house shall be provided of 50 sq.mtrs. Plinth area One time payment One time payment of Rs. 5 lacs to each affected family to those who have eligible candidate for employment.
  • 12. RFCTLARR Act, 2013 Details RFCTLARR Act, 2013 Transportation cost Rs. 50,000 per affected displaced families. One time financial assistance Those families having cattle shed or petty shops will get Rs. 25,000 one time financial assistance. One time grant One time grant for artisans, small traders of Rs. 50,000. One time resettlement allowance One time resettlement allowance of Rs. 50,000 after shifting of house. Stamp duty and registration charges Stamp duty and registration charges will be borne by Requiring Body for the first transaction of the rehabilitated person only. Requiring Body to provide infrastructure in Rehabilitation and Resettlement area. Which includes the roads, drainage, Panchayatghar, post office, Samaj Mandir and other facilities as mentioned in the THIRD SCHEDULE
  • 13. Public purpose" means the activities specified under sub-section (1) of section 2; Public purposes enlisted in Act (a) for strategic purposes relating to naval, military air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defense of India or State police, safety of the people;
  • 14. (b) for infrastructure projects, which includes the following, namely:- (i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (infrastructure Section) number l3/6/2009-lNF, dated the 27th March,2012, excluding private hospitals, private educational institutions and private hotels; (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute;
  • 15. (iii) project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy; (iv) project for water harvesting and water conservation structures, sanitation: (v) project for Government administered, Government aided educational and research schemes or institutions: (vi) project for sports. heath care, tourism, transportation or space programme (vii) any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament;
  • 16. (c) project for project affected families (d) project for housing for such income groups, as may be specified from time to time by the appropriate Government; (e) project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas (f) project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State.
  • 17. Important definition as per the Act • Affected area – area notified by the appropriate government for land acquisition • Family - includes a person, his or her spouse, minor children, minor brother and minor sister dependent on him • Provided widows, divorces and women deserted by family shall be considered separate family • An adult of either gender with or without spouse or children or dependents shall be considered as a separate family • Displaced family – means family who relocated and resettled at resettlement area • Land owner – name is recorded as owner + granted forest right under Forest right Act + granted patta right + owner of land/property by an order of court
  • 18. • Affected family – family whose land and other immovable acquired + Agricultural labour+ tenants + sharecroppers + artisans (working since three year) + livelihood affected + who lost forest right (scheduled tribes and other traditional forest dwellers) + family whose primary source of livelihood dependent on forest, water bodies, fisher folks etc (since three years) + land allowed under central and state gov + family residing on land or getting livelihood for more than three years • Cost of acquisition = includes (compensation + solatium + damage to land and crops during acquisition + asset attached to land + resettlement colony + infrastructure at resettlement colony + administrative cost (i.e SIA) Important definition as per the Act
  • 19. Proposal is Received by the Appropriate Government Social Impact Assessment (SIA) Conducted by Appropriate Government ( Sec 4-6) SIA report examinedby Independent Expert Group ( Sec 7) Collector submits report on status of alternative sites Consent of affected sought in projects falling under {Sec 2(b)} Legitimacy of ‘Public Purpose’ and SIA tobe examined and approved by Appropriate Govt. ( Sec 8) Pre Notification Land Acquisition Process
  • 20. Publication of Preliminary Notification to acquire ( Sec 11) Public Hearing; disposal of Objections (Sec 15) by Collector & report to Appropriate Govt. Right to enter lands, carry our survey & marking (Sec-12) Any damage during survey to be paid for ( Sec 13) Finalization of R&R Scheme, Prepare & Review (Sec 16-17) Award for Compensation Sec-23 Solatiutm Sec- 30 & for R&R (Sec 31) Draft Declaration & R & R Scheme publish (Sec 19) Agreement to be executed by Land owner & Gram Panchyat Section of compensation Award of Land Notification Land Acquisition Process Cont..
  • 21. Every notification & Declaration shall be mandatorily published in • TheOfficialGazette • Twowidelycirulateddailynewspapers( one inlocal language) • OfficeofPanchayat,localbodies,collector,Subdivisional Officer& tahsil • UploadedonthewebsiteoftheAppropriate government • Inthe affectedareas. 29
  • 22. Stages of Act with Timeline
  • 23. Pre Notification Stage Sr. No. Process Time Frame 1 SIA Study (Sec-4(2) 2nd proviso) 6 Months 2 Appraisal by expert group –for reasoned recommendation (Sec-7(4) (b) ) 2 Months 3 Examination by appropriate Govt. & issuance of Pre-Notification (Sec-14) (From The date of appraisal by Expert Group) 12 months from SIA Report
  • 24. 24 Notification Stage Sr. No. Process Time Frame 1 Record updating & corrections (Section 1(5)) 2 Months 2 Public hearing / Preparation of R&R schemes / declaration of R&R 2 Months
  • 25. Sr.No. Process Time Frame 1 Declaration of “Resettlement Area” (Sec 19(2) -3rd proviso & 19(7)) by Secretary or officer authorized. 12 Months from Sec-11 notification 2 Land Acquisition Award (Sec 23, 25 & 30) 12 Months from Sec-19 declaration 3 Payment of compensation 3 Months 4 R & R award Sec 31 6 Months Post Notification Stage
  • 26. 26 Sr. No. Process Time Frame 1 Reference to be made by aggrieved being a person who represented before Collector. Within 6 weeks of Award 2 In other cases Reference to be made by aggrieved being a person. Within 6 weeks of receipt of notice Sec 21 or within 6 months of Award 3 Sending Reference to Authority 30 days of receipt 4 If not sent….Applicant to approach Authority Within 30 Days Post Award Stage
  • 27. 27 Awards Award for Land Acquisition Award made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule; ( Sec-23 r/w 30(2)) Award for R&R Award made in respect of every affected family, regardless of whether they may be losing land or not, containing details of R&R entitlements as listed in the Second Schedule. ( Sec-31 )
  • 28. Urgency Clause (SEC-40) • The Urgency Clause can only be invoked in the following cases: • National defence and security purposes • Resettlement & Rehabilitation needs in the event of natural calamities such as floods or earthquakes or any other emergency with the approval of the Parliament.
  • 29. S.I.A.(mandatory in all cases except acq. by urgency clause.) (sec 4)  AGENCY----- State SIA unit.  SIA Notification within 30 days after depositing processing fee.  SIA shall be conducted in consultation with Panchayat, M.C., or Mun. Corp. followed by Public Hearing.  SIA Report in Form 1 to state Govt. in 6 months  SIA REPORT---  Project Feasibility Report.  Project Impact Report.  Social Impact Management Plan.(Form 2)  Publication of SIA study Report.  Public hearing by appropriate govt.  Expert group for evaluation of SIA report.
  • 30. R&R Applicability in certain persons other than specified persons- (sec 46) • Any person other than specified person is purchasing land through private negotiation has to file an application before the Collector, notifying him of intent to purchase, purpose and particulars of land; (limit notified by AG) • “Specified persons” includes any person other than- - – Appropriate Government; - – Government company; – -Association of persons or trust or registered society.
  • 31. R&R Applicability in certain persons other than specified persons- (sec 46) • Any purchase of land by a person other than specified person without complying with the provision of R&R Scheme shall be void ab initio. • Collector shall pass individual award covering R&R provision based upon the R&R scheme approved by Commissioner. • Appropriate Government may notify area for such limits on sale and purchase. • Any land purchased through negotiations on or after 5th Sept. 2011 and acquired within three years from the date of commencement of this Act,then,40% compensation shall be shared with original land owners.
  • 32. Infrastructural Amenities under R&R (3 rd Schedule) 25 Infrastructural amenities to be provided in the Resettlement area, including: • Schools and playgrounds; • Health Centres; • Roads and electric connections; • Assured sources of safe drinking water for each family as perGovt. norms; • Panchayat Ghars as appropriate; • Anganwadi’s providing child and mother supplemental nutritional services as per Govt norms; • Places of worship and burial and/or cremation ground depending on the caste-communities at the site and their practices; • Village level Post Offices, as appropriate, with facilities for opening saving accounts; • Fair price shops and seed-cum-fertilizer storage facilities ifneeded
  • 33. Reference provisions (sec- 64,65,72, 73 & 76) • Any person interested who has not accepted the award may, by written application to the Collector requires that the matter be referred to the AppropriateAuthority. • “Appropriate Authority” means the Acquisition and Resettlement Authority established under section 51 of the Act.
  • 34. Reference provisions (sec- 64,65,72, 73 & 76) 34 • Reference shall be made within a period of thirty days of receipt of application. • In making the reference, Collector’s statement shall be forward in writing. • Collector may be directed to pay interest on excess compensation or re-determination of amount of compensation by theAuthority.
  • 35. Transparency Provisions • Social Impact Assessment – Gram Sabha to be consulted (Sec-4) – Summary of SIA notified along with Draft Notification (Sec-6) – SIA document made available for publicscrutiny • R&R Scheme (Sec-16) – Summary notified along with Draft declaration Made available for public scrutiny. – Individual Awards declaration (Sec-30(2)) • Public Disclosure – All documents mandatorily to be made available in the public domain and on the website
  • 36. Section 99 No Change of Purpose Section 100 No Change of Ownership Section 101 Land not Used within 5 years to be returned to Land Bank/ Land Owner Section 46(6) Sharing appreciated value Important Changes
  • 37. Important Features 1 Safeguarding Food Security  Multi crop area to be avoided  As last demonstrable resort, if needed as per limit fixed for all projects in a district by AG except Road, Railway etc.  Equivalent area of cultural wasteland shall be developed or an amount equivalent to value of land acquired to be deposited with AG for food security 2 Special Provisions for SC/ST  SC/ST PAP in addition to R&R package  Land to each family in irrigation project  One time financial assistance of Rs.50,000  Families settled out of district to get 25% of RR package extra  1/3 rd comp advance, DP to be prepared  Reservation to be continued
  • 38. Important Features 3 Special provisi on for Farmers  Acquisition only if necessary.  Enhanced compensation (as per schedule 1) Strict restrictions on multi crop acquisition.  Consent… • 70 % consent for acquisition of public private partnership projects . • 80 % consent for acquisition of private companies.  Return of unutilized land(Sec. 101)  Share in sale of acquired land increased value if sold to another without development. (Sec-102)  Income Tax Exemption / Stamp Duty Exemption (Sec-96)
  • 39. Benefits for agricultural laborers, Tenants & Share-croppers 4 Tenants who may not own any land but are engaged in any form of tenancy or holding a usufruct right are covered under this Act. • Share-croppers, Artisans who have been working in the affected area for 3 years prior to the acquisition and whose primary source of livelihood stands affected by the acquisition of land. • They will receive not just the R & R benefits but also a share in the compensation to be provided.
  • 40. Retrospective operation: (section 24) • Where no award under section 11 of the 1894 Act has been made, the new law will apply with regard to compensation. (sec.24/a ) • Where award has been made then proceedings shall continue under L A Act as if Act not been repealed. (sec 24/b) • When an award has been made but the affected individuals have not accepted compensation or have not yet given up possession, and the proceedings have been pending for 5 years or more, provisions of the new law will apply. (sec 24/2) • Provided when a majority of individuals in an affected area have not received compensation then the new law will apply.
  • 41. Safeguards against indiscriminate acquisition • Draft notificationto include: -Summaryof SIA - Particularsof Administratorfor R& RwhopreparesR& R Scheme. • Draft Declarationto include: - Summaryof R& Rpackage • NoChangeof Purpose: -NoChangefromthe purposesspecifiedinthe landuse plan submittedat the time of landacquisitionwill be allowed.
  • 42. Safeguards against indiscriminate acquisition • Change of ownership : -No changeofownershipwithoutspecificpermissionof Appropriate Govt.isallowed. • Landnot Used : -Landthatis not used within 5 years in accordancewith the purposes for which itwas acquired atthe timeof acquisition,shallbetransferredtotheStateGovernments LandBank orto the originalland owner. • SharingAppreciatedValue : -Uponeverytransferoflandwithoutdevelopment,40% of the appreciated land value shallbe mandatorily shared withtheoriginalownerwhoselandhasbeenacquired.
  • 43. Amendment Bill 2015 LA provisions to 13Acts Land Return provision relaxed Retrospective application of new LAAct ..calculation of period Not Private Companies but ‘Private Entities ’ AG may specify limit for acquiring Multicrop irrigated lands Prior sanction for prosecution
  • 44. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat) Rules, 2017
  • 45. Process of Land Acquisition in Gujarat
  • 46. 1. Uchchhal, Vyara, Mahuwa, Mahuwa, Mandvi, Nizar, Songadh, Valod,MangrolandBardolitalukasinSuratdistrict. 2. Dediapada, Sagbara, Valia, Nandod and Jhagadia talukas in Bharuchdistrict 3. Dangs district and taluka Bansda, Dharampur, Chikhali, Pardi andUmbergaontalukasinValasaddistrict 4. Jhalod, Dohad, Santrampur, Limkheda and Deogarh Baria talukasinPanchmahaldistrict 5. Chhotaudepur and Naswadi talukas and Tilakwada mahal in Vadodora district Khedbrahma, Bhiloda and Meghraj talukas, andVijayanagarmahalinSabarkanthadistrict Scheduled Areas in Gujarat
  • 47. Format for Gramsabha Resolution (Form-VI-B) Prior Consent and Declaration by PAFs (Form-VI-A) SIA Report (Form-IV) by SIA Team and SIMP Team (Form-V) Notification for Social Impact Assessment study U/S 4(1) by Revenue Department (Appointment of SIA Team) (Form III) Collector submit report to Revenue Department (Form-II) Filing the Requisition for LA by R.O. to Collector-cum-Appropriate Govt. (Form-I) Process of Land Acquisition in Gujarat
  • 48. Daft agreement to be executed by Land owner under Section 23-A (Form XI) Summary of Resettlement and Rehabilitation Scheme by Collector under Section under 19 (1) (Form X) Declaration of Public Purpose, Area to be acquire and Resettlement Area by Revenue Department under section 19 (1) (Form IX) Notice by Collector for Objection on notification Under Section 11(1) (Form VIII) Intention for Land Acquisition Preliminarily notification Under Section 11 (1) by Revenue Department (Form VII) Process of Land Acquisition in Gujarat Cont.
  • 49. Social Impact Assessment and Social Impact Management Plan
  • 50. Objectives of SIA Whether acquisition serves public Purpose Ensuring social equity by identifying potential affected & displaced families Cost benefit Analysis & verifying no alternate location feasible Enhancing Social inclusion in deciding actual extent of impact/effect Land requirement absolutely bare minimum Mitigating negative social effect
  • 51. 1 Analyze Project Context 2 Identify & analyze Stakeholder 3 Identify social factors/variables 4 Analyze data and assess priorities 5 Consult stakeholders & develop mitigation plans 6 Implement mitigation plan & public participation 7 Ensure monitoring with stakeholder involvement Social Impact Assessment Cycle
  • 52. First Phase Primary details of Site and introduction Details collected from secondary sources and consultation Preparation for field survey Second Phase Data collection from the families affected due to project Field Survey Method for implementation Third Phase Data Analysis and report writing after project survey Information Analysis and social impact study Public consultation on social impact study Phases of SIA Study
  • 53. Structure of SIA Report Chapter Chapter Name Contents Chapter-1 Executive Summary (a) Project and public purpose (b) Location (c) Size and attributes of land acquisition (d) Alternatives considered (e) Social Impacts (f) Mitigation measures (g) Assessment of social costs and benefits Chapter-2 Detailed Project Description (a) Background of the project, including developers background and governance or management structure (b) Rationale for project including how the project fits the public purpose criteria listed in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (c) Details of project size, location, capacity, outputs, production targets, cost, risks (d) Examination of alternatives (e) Phases of project construction (f) Core design features and size and type of facilities (g) Need for ancillary infrastructural facilities (h) Work force requirements (temporary and permanent) (i) Details of Social Impact Assessment or Environmental Impact Assessment if already conducted and any technical feasibility reports (j) Applicable legislations and policies Chapter-3 Team composition, approach, methodology and Schedule of the Social Impact Assessment (a) List of all team members with qualifications. Gender experts to be included in team. (b) Description and rationale for the methodology and tools used to collect information for the Social Impact Assessment. (c) Sampling methodology used. (d) Overview of information or data sources used. Detailed reference must be included separately in the forms. (e) Schedule of consultations with key stakeholders and brief description of public hearings conducted. Details of the public hearings and the specific feedback incorporated into the Report must be included in the forms. Chapter-4 Land Assessment (a) Information from land inventories and primary sources - Describe with the help of the maps (b) Entire area of impact under the influence of the project (not limited to land area for acquisition) (c) Total land requirement for the project (d) Present use of any public, unutilised land in the vicinity of the project Area (e) Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project (f) Quantity and location of land proposed to be acquired for the project (g) Nature, present use and classification of land and if agricultural land, irrigation coverage and cropping patterns (h) Size of holdings, ownership patterns, land distribution, and number of residential houses (i) Land prices and recent changes in ownership, transfer and use of lands over the last 3 years
  • 54. Chapter Chapter Name Contents Chapter-5 Estimation and enumeration (where required) of affected families and assets Estimation of the following types of families that are - (a) Directly affected (own land that is proposed to be acquired): (i) Are tenants or occupy the land proposed to be acquired (ii) The Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights (iii) Depend on common property resources which will be affected due to acquisition of land for their livelihood iv) Have been assigned land by the appropriate Government under any of its schemes and such land is under acquisition; (v) Have been residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land (vi) Have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition (b) Indirectly impacted by the project (not affected directly by the acquisition of own lands) (c) Inventory of productive assets and significant lands Chapter-6 Socio-economic and cultural profile (affected area and resettlement site) (a) Demographic details of the population in the project area (b) Income and poverty levels (c) Vulnerable groups (d) Land use and livelihood (e) Local economic activities (f) Factors that contribute to local livelihoods (g) Kinship patterns and social and cultural organization (h) Administrative organization (i) Political organization (j) Community-based and civil society organisations (k) Regional dynamics and historical change processes (l) Quality of the living environment Chapter-7 Social impacts (a) Framework and approach to identifying impacts (b) Description of impacts at various stages of the project cycle such as impacts on health and livelihoods and culture. For each type of impact, separate indication of whether it is a direct or indirect impact, differential impacts on different categories of affected families and where applicable cumulative impacts (c) Indicative list of impacts areas include: impacts on land, livelihoods and income, physical resources, private assets, public services and utilities, health, culture and social cohesion and gender based impacts Chapter-8 Analysis of costs and benefits and recommendation on acquisition a) Final conclusions on: assessment of public purpose, less-displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, the viability of the mitigation measures and the extent to which mitigation measures described in the Social Impact Management Plan will address the full range of social impacts and adverse social costs. (b) The above analysis will use the equity principle described in Rule 9(10) as a criteria of analysis for presenting a final recommendation on whether the acquisition should go through or not Chapter-9 References and Forms For reference and further information Structure of SIA Report
  • 55. Social Impact Management Plan 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 a description of institutional structures and key person responsible for each mitigation measure and timelines and costs for each activity