RR Procedure in the RFCTLARR Act 2013 Odisha

R&R Procedure in the RFCTLARR Act, 2013 & Odisha RFCTLARR Rules, 2016 & A Comparison between the ORR Policy, 2006 and R&R elements of RFCTLARR Act, 2013.

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. 1 st Central Law on R&R for the affected families whose land has been acquired o proposed to be acquired or are affected by acquisition. Cumulative outcome of compulsory acquisition should be tha affected persons become partners in development leading to improvement in their post acquisition social and economic status.

Cases to which R&R provisions of the Act apply When appropriate Government acquires land for its own use , hold and control, including for Public Sector Under Takings and for public purpose. When appropriate Government acquires land for public private partnership projects for public purpose where ownership of land continues to vest with Government. When appropriate Government acquires land for Private Company for Public Purpose When Private Company acquires land equal to such limit s in rural and urban areas as may be prescribed by Appropriate Government ( Rule 47 : 200 acres of dry land or equivalent extent of irrigated or wet land in rural areas and 50 acres in Urban areas) through private negotiation with the owners of land in accordance with provision under section 46 of the Act Where Private Company requests appropriate Government for partial acquisition for public purpose, then R&R will be applicable for the entire area ( Land purchased + acquired by Govt for the Project as a whole)

R&R functionaries Collector: Collector of a Revenue District & includes any officer specially designated to Commissioner for R&R : RDCs have been Administrator for R&R: All Sub- Collectors perform theas functions of Collector under. Vide the Act. appointed Commissioner for R&R have been 3 (g) appointed as Administrator for ( Section R&DM Department Notification No 19436 R&R vide R&DM Department dated 25. 6. 2016. Land Acquisition Collector: Officer designated No 34160 dated 17. 11. 2014. Where PD as such by the State Government to perform all (R&R) are available, they will function as or any of the functions Collector Administrator , R&R ofintheplace of under Sub- the Act. (Rule 2 (f). Collectors

Process of R&R Process where consent is involved obtaining Consent to be carried out during SIA. In case of land Rule 11 (3): Based on acquisition for land Rule 21 (2): assessment, land private During the. Rule !2: records and field SIMP shall the SIA companies, prior verification, consent procedure along with shall provide an Begins with SIA consent of 80%accurate estimate terms of the and other & preparation of number of affected ameliorative of affected conditions of families and the number Social impact measures families of displaced compensation, families Mitigation Plan as provide among them. defined in R&R benefits and. R&R detailed Rule 11 (4): entitlement Section 3 ( C )Identification other measures of area in Matrix of with the to by the (i) & (v) and in consultationagreed each DFs case of PPP Requiring Body enumerated affected and Projects prior shall be made displaced consent of 70 % available to the family. of those affected families category of for filing their affected families. consent Rule 31 (2) : Where consent is involved draft R&R scheme Rule 13: SIMP to include shall be Development prepared Plan prepared taking into in accordance with provision account the under section negotiated 41. terms and conditions of R&R reached between the Requiring Body and the affected

Role of Administrator, R&R in R&R Process ( During SIA Study) Rule 14 (6) • Public Hearing of draft SIA Report and SIMP shall be organized by the District Administration through the concerned LAO and Administrator, R&R. Rule 14 (8) • Representatives of the Requiring Body , LAO, Administrator R&R and other officers deputed by the District Collector shall address the questions and concerns raised by the affected families. Rule 14 (10) • The proceedings of the public hearing shall be video recorded and transcribed accordingly which shall be submitted along with the final SIA report.

Reasons necessitat ing the displacem ent of affected persons . Statement on the nature of public purpose involved . . Contents of Preliminary Notification : Section 11 (3) Summary of the SIA Report. Particulars of the Administrato r for R&R

Role of Administrator, R&R in R&R Process (Upon Publication of Preliminary Notification U/S 11 (1) Rule 30: Rule 31: Rule 32: • Shall undertake survey and census of affected families • Based on the Survey and Census of the affected family shall prepare draft R&R scheme. Where consent involved it will be based on negotiated terms and conditions of R&R • Publish the draft R&R Scheme, Organize public hearings on the draft R&R Scheme, hearing to the RB, Submission of Draft R&R Scheme to Collector, assist the District Collector in reviewing the Scheme before submission to the Commissioner for

Role of Administrator, R&R in R&R Process ( After the R&R award is made ) Rule 32 (j) & (k) • Monitor & Supervise implementation of R&R award • To assist in post implementation audit of R&R

The R&R Committee will monitor and review the progress of implementation of the R&R Scheme and carry out post implementation social audits in consultation with Gram Sabha in Rural Areas and Municipality in Urban Areas - Where land proposed to be acquired is equal to or more than 100 acres, the appropriate Government shall constitute a Committee under the Chairmanship of the District Collector to be called the R&R Committee - - R&R Committee at Project Level The Administrator for R&R will be the Member. Convener of the R&R Committee

Timelines in Draft R&R Scheme Preparation Process Preparation of the Draft Rehabilitation & Resettlement Scheme as required under Section 16 Time Line Within a period of 60 days Within a period of 60 from the date of publication days from the date of of the preliminary notification completion of survey & census of the affected and displaced families. Survey & Census of affected & displaced families under the provisions of Sub-Section (1) of Section 16 of the Act read with Rule 30 of the Rules. Time Line Review of the draft R&R Scheme by the District Collector and submission of the draft R&R Scheme for approval of the Commissioner for R&R as required under Section 17 of the Act Time lin within a period of 30 days from the date of submission of the draft R&R Scheme by the Administrator for R&R to the District Collector.

Details of R&R Scheme R&R Entitlement of Each Affected & Displaced Person including the R&R of Details eligibleof Infrastructur livelihood al Amenities losers to be provided in the Resettlemen t Area/ Colony Area Identified as Resettlement Area Detailed account of the cost of rehabilitation and resettlement to be deposited by the Requiring Body before proceeding with land acquisition.

Section 108 of the Act and Relevance of ORR 2006. • (1) Where a State law or a Policy, policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the Section 108 Rule 30 (2) acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State. • (2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State Iaw or such policy of the State instead of under Act. • this It has been provided under Sub- Rule (2) of Rule 30 of the Odisha Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation & Resettlement Rules, 2016, that where the option of choosing alternative R&R entitlement is available, the option of the affected families shall be obtained during the survey and census of the affected families. • Therefore, even after the coming into force of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation & Relevance Resettlement Act, 2013, the R&R entitlements under the Odisha R&R Policy, 2006, have not lost their relevance and the interested displaced of the entitlement and affected families can exercise their option and choose between the R&R entitlements under the Policy and Act depending on what they find to s under be more beneficial to them. Therefore, it will be one of the responsibility of ORR the Administrator R&R to present before them the parallel option at the Policy , time of survey and census for preparation of draft R&R Scheme. 2006

Cost of R&R in the R&R Scheme to include the followings The cost of acquisition of land buildings for settlement of displaced or adversely affected families Cost of development of infrastructure and amenities at the resettlement areas, All other cost of rehabilitation and resettlement as determined in accordance with the provisions of the Act and Administrative Cost under Rule 24 of the Odisha RFCTLARR Rules, 2016. Required details with clear break up of cost for each item of activity shall be clearly delineated in the R&R Scheme Rule 22 to 26: Deposit to be made by the Requiring Body before the Declaration u/s 19 (1) is made.

Undertaking from the Requiring Body as to cost of R&R An undertaking from the Authorized Officer of the Requiring Body shall be obtained before finalization of the R&R Scheme to the effect that the cost towards any subsequent liability arising out of the R&R requirements under the RFCLAR&R Act , 2013 will be borne by the Requiring Body and the Requiring Body will also pay the full amount in case of decree by the Land Acquisition, Rehabilitation and Resettlement Authority , High Court and Supreme Court of India as and when asked to do so by the Commissioner for R&R or the District Collector.

Publicat ion of Declara tion along with Summa ry of the R&R Scheme. Proviso u/s 19 (2) Section 19 (1) of an area Declaration of area for public purpose to be made along with Declaration of an area identified as the “ Resettleme nt Area”. Section 19 (2) Publication of Declaration & summary of R&R : Section 19 No Declarati on would be made Section 19 unless the(3) Requirin In Projects g Body where land deposits is acquired fullincost stages , of the acquisiti application onfor u/s 3 (i) acquisition. Ref: Rule 22 can itself to specify 26.

Comparative position of R&R Entitlement Matrix under the RFCTLARR Act, 2013 & ORR Policy, 2006 Sl. No. Component 1 House site 2 House Units 3 Land for Land RFCTLARR Act 2013 ORRPolicy, 2006 1/10 th of an acre or 0. 85 lakh for self relocation to DFs House in resettlement habitat As per IAY specification in rural areas or or HBA of Rs 2, 55, 000 to DFs equivalent cash and not less than 50 sqm whether settling in a plinth area in urban areas or an amount of resettlement habitat or else not less than 1. 5 lakh where In case of irrigation projects, as far as possible and in lieu of compensation to be paid for LA , minimum 1 acre of land in the command area of the Project to the Land losing affected families of Irrigation Projects and losing families reduced to the status of marginal farmers or landless Land to Land losing Schedule Castes or Scheduled Tribes equivalent to land acquired or 2 &1/2 acres whichever is lower.

Sl. Componen No. t 4 RFCTLARR Act 2013 ORRPolicy, 2006 In case of land acquired for urbanization purposes, 20% of the developed land will be reserved and Offer of offered to the land owning project developed affected families, in proportion to the land area of their land acquired and at a price equal to the cost of acquisition and the cost of development Allotment of Agricultur al Land 2. 5 Acres of irrigated or 5. 00 Acres of non- irrigated land to DFs belonging to ST category and 2. 00 Acres of irrigated or 4. 00 Acres of non- irrigated land to DFs belonging to non ST category or cash equivalent @ 1. 75 lakhs per Acre for irrigated land Rs. 0. 85 lakhs per acre for non- irrigated land. Registrati on cost of 6. land house DFs of Irrigation Projects opting for Fees payable for registration cost of cash based rehabilitation are paid land or house allotted to the affected registration cost of land by the Project families to be borne by the requiring Authority with in a period not exceeding body 5

Sl. No. 7 Component RFCTLARR Act 2013 The appropriate Government shall ensure that the affected families are provided with the following options : a) Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided in any other law for the time Choice of Annuity being in force , to at least one member or Employment per affected family in the project or arrange for a job in such other project as may be required; or b) onetime payment of 5 lakhs rupees per affected family ; or c) Annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural labourers. ORRPolicy, 2006 Employment to one member of the original displaced family (DF) or one time cash assistance in lieu of employment for extended families ranging between Rs. 8. 50 Lakh to Rs. 1. 70 lakh for various categories

Sl. No. 8 9. 10 11 Componen t Fishing Rights RFCTLARR Act 2013 ORRPolicy, 2006 Fishing rights in the manner prescribed by Appropriate Govt to affected families of Irrigation or hydel Projects, Fishing rights to the affected SCs/ STs and Traditional Forest Dwellers One-time Resettle Rs. 50, 000/- to each affected family ment allowance Such amount as the Appropriate Govt may Cattle prescribe subject to a minimum of Shed/ Rs, 25, 000/ for construction of cattle No provision for cost of petty shed/petty shops to each affected family cattle shed/ petty shops having cattle or petty shop. The amount cost notified by R&DM Department is Rs. 25, 000/Transpor Rs. 50, 000/ for shifting family, building tation materials, belongings and cattle to each Rs. 3400/ to each DF cost for affected family which is displaced DFs

Sl. No. Component 12 One time grant to artisans, small traders and certain others 13 Training 14 Subsistence Allowance for SC& ST RFCTLARR Act 2013 ORRPolicy, 2006 Such amount as the Appropriate Govt may prescribe subject to a minimum of Rs, 25, 000/. The amount notified by R&DM Department is Rs. 25, 000/Suitable training and skill Skill up gradation training to the up gradation of affected DFs& AFs families Rs 3000/ per month for 1 year from the date of Rs. 3400/ per month to DFs for a award to each affected year from the date of vacation family which is displaced Rs 3000/ per month for 1 year from the date of Rs. 3400/ per month to DFs for a award + Rs. 50, 000 to year from the date of vacation Schedule Tribes and SCs displaced

Sl. No. Component 15 Convertible preference share Ex-gratia for multiple displacement 16 17 Assistance for temporary shed 18 Development Plan RFCTLARR Act 2013 ORRPolicy, 2006 Up to 50% out of cash Requiring Authority may offer 25% assistance in lieu of of the compensation value in shares ( employment as convertible Section 26) preference share Additional compensation equivalent to Additional compensation determined under the amounting to 50% of the Act for the 2 nd & successive normal compensation as ex -gratia to each DF displacement. Rs. 17, 000/ to each DF In case of involuntary displacement of SCs and STs, a Development Plan shall be prepared laying down details of the procedures for settling land rights due but not settled , restoring titles of STs and SCs on alienated land programme for development of alternate fuel, fodder and non – timber forest produce resources on non forest lands within a period of 5 years, sufficient to meet the requirements of SCs and STs( ref:

Sl. No. 19 20 21 22 Component RFCTLARR Act 2013 ORRPolicy, 2006 Preference in allotment of land for land DFs of indigenous category are given preferential allotment of land SC & ST families settled outside the district will get 25% higher R&R 25% higher benefits to which they are entitled in rehabilitation and monetary terms along with an one resettlement benefits time entitlement of Rs. 50, 000/- ( Ref: section 41 (11) Indigenous displaced families resettled outside the district are given 25% higher R&R benefits in monetary terms Free of cost land for community and Land for community social gathering in resettlement areas and religious gathering predominantly inhabited by STs and for STs SCs( Ref: section 41 (8) Quantification of community rights under FRA in monetary terms Community rights settled under FRA shall be quantified in monetary terms and paid to the concerned individual who has been displaced in proportion with his share( section 42(3)

Possession to be taken over after ensuring full payment of compensation as well as R&R Payment of Compensation • Within a period of 3 months from the date of award. Payment of monetary part of R&R • Within a period of 6 months from the date of award. Delivery of Infrastructural entitlements under the 2 nd & 3 rd Schedule • Within a period of 18 months from the date of award • In case of Irrigation or hydel Projects R&R to be completed 6 months prior to submergence of land acquired.

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