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.
1.
2.
3.
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.
1.
2.
3.
4.
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.
1.
2.
3.
4.
5.
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.
7.
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.
1.
2.
3.
4.
5.
6.
7.
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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