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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014

7. Process of conducting the Social Impact Assessment.

     The Social Impact Assessment team shall collect and analyse a range of quantitative and qualitative data, undertake detailed site visits, use participatory methods such as focused group discussions, participatory rural appraisal techniques and informant interviews in preparing the Social Impact Assessment report.

     All relevant project reports and feasibility studies shall be made available to the Social Impact Assessment team throughout the Social Impact Assessment process, as required. Any request for information from Social Impact Assessment team shall be met at the earliest but not exceeding ten days. The District Collector shall be responsible for providing the information requisitioned by the Social Impact Assessment team.

3.      A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the Social Impact Assessment team. The assessment shall determine the following, namely:-

a.     area of impact under the proposed project, including both land to be acquired and areas that will be affected by environmental, social or other impacts of the project;

b.    quantity and location of land proposed to be acquired for the project;

c.     the land proposed for acquisition is the bare minimum required;

d.    possible alternative sites for the project and their feasibility;

e.     whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort;

f.     land, if any, already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project;

g.    the possibility of use of any public, unutilised land for the project and whether any of such land is under occupation;

h.     nature of the land, present use and classification of land and if it is an agricultural land, the irrigation coverage for the said land and the cropping pattern;

i.      the special provisions with respect to food security have been adhered to in the proposed land acquisition;

j.      size of holdings, ownership patterns, land distribution, number of residential houses, and public and private infrastructure and assets; and

k.     land prices and recent changes in ownership, transfer and use of lands over the last three years.

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4.      Based on the land assessment, land records and field verification, the Social Impact Assessment shall provide an accurate estimate of the number of affected families and the number of displaced families among them and ensure that, as far as possible, the Social Impact Assessment team shall enumerate all affected families:

Provided that where enumeration is not possible, a representative sample shall be done by the Social Impact Assessment Unit.

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5.      A socio-economic and cultural profile of the affected area must be prepared, based on available data and statistics, field visits and consultations as per FORM-II:

Provided that in projects where resettlement is required, the identified resettlement sites shall be visited and a brief socio-economic profile of the land and its current resident population shall be indicated.

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6.      Basing on the data collected in processes listed above and in consultation with the affected communities and key stakeholders, the Social Impact Assessment shall identify and assess the nature, extent and intensity of the positive and negative social impacts associated with the proposed project and land acquisition as per FORM-II.

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              i.        The Social Impact Assessment process includes the preparation of a Social Impact Management Plan, which will present the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment.

             ii.        The Social Impact Assessment team must assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities.

            iii.        The Social Impact Management Plan shall include the following measures:-

a.     that have been specified in the terms of Rehabilitation and Resettlement and compensation for all the categories of affected families as outlined in the Act;

b.    that the Requiring Body has stated that it will undertake in the project proposal and other relevant project documents; and

c.     that additional measures being undertaken by the Requiring Body, which has been undertaken by it in response to the findings of the Social Impact Assessment process and public hearings.

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8.      The Social Impact Assessment must provide a conclusive assessment of the balance and distribution of the adverse social impacts and social costs and benefits of the proposed project and land acquisition, including the mitigation measures, and provide an assessment as to whether the benefits from the proposed project exceed the social costs and adverse social impacts that are likely to be experienced by the affected families or even after the proposed mitigation measures, the affected families remained at risk of being economically or socially worse, as a result of the said land acquisition and resettlement.







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