State of Chattisgarh - Act
Chhattisgarh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment, Consent and Public Hearing) Rules, 2016
CHHATTISGARH
India
India
Chhattisgarh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment, Consent and Public Hearing) Rules, 2016
Rule CHHATTISGARH-RIGHT-TO-FAIR-COMPENSATION-AND-TRANSPARENCY-IN-LAND-ACQUISITION-REHABILITATION-AND-RESETTLEMENT-SOCIAL-IMPACT-ASSESSMENT-CONSENT-AND-PUBLIC-HEARING-RULES-2016 of 2016
- Published on 5 February 2016
- Commenced on 5 February 2016
- [This is the version of this document from 5 February 2016.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Submission of Proposal.
- Requiring Body shall submit its proposal for acquisition of land for public purpose along with copies of land record of concerning land. (B-l, Khasra and Map) in Four copies.4. Cost of Acquisition.
- Requiring Body shall deposit cost of acquisition as per sub-clause (vi) and (vii) of clause (i) of Section 3 of the said Act to Collector.5. Information to be submitted with the proposal.
- After complying with provisions of rule 4 and 5, Requiring Body shall submit following information along with the proposal:-6. Requiring Body to be responsible under rule 5.
- Requiring Body shall be responsible for the correctness of information given under rule 5.7. One copy of the proposal shall be given to Social Impact Assessment Team.
- A copy of proposal shall be given to Social Impact Assessment Team. The team appointed under rule 15 shall submit social Impact assessment report to District Collector within six months from the date of notification issued under sub-section (1) of Section 4 of the Act.Chapter-III Land Acquisition in Schedule area8. Implementation of PESA in Schedule Area.
- In schedule area Gram sabha shall be consulted before initiating the process of Land acquisition.9. Disposal of objection raised by Gram Sabha.
- If gram sabha raise any objection on proposed Land Acquisition, then the Collector shall after appropriate hearing dispose the same.Chapter-IV Social impact assessment10. Updation of Land Records.
- After receiving proposal from Requiring body, if appropriate Government thinks it is necessary to acquire land for public purpose, all the cases relating to tile of land in affected area shall be resolved and concerning land records shall be updated.11. Issuance of Notification.
- Collector shall issue a notification in Form-1 within thirty days from the date of receiving money under rule 4.12. Notification to be made available in concerned local bodies.
- Notification issued under rule 7 shall be made available in the concerned local bodies (i.e. Gram Panchayat, Nagar Panchayat, Municipality and Municipal Corporation) and in the offices of District Collector, Sub-Divisional Officer and Janpad Panchayat. The same shall also be published in the affected area by affixing posters at conspicuous places and by announcement (munadi).13. Public hearing.
- Public hearing shall be conducted in the affected area by giving adequate publicity in two daily news papers circulating in the locality of such area after social impact assessment, of which one shall be in local language of affected area :Provided that the consent of the concerned gram sabha shall be obtained in scheduled areas.14. Notification under Section 4 of the Act to be uploaded in the official website of the concerned District.
- Notification issued under Section 4 of the Act shall also be uploaded in the official website of concerned District. It shall be the duty of the Collector to ensure that the uploaded notification is correct and authentic.15. Constitution of Social Impact Assessment Team.
- Collector shall be responsible for appointing the Social Impact Assessment team for each project inclusive of the following persons, namely :-| (a) | Non-governmental social scientist | - | One Member |
| (b) | Representatives of local bodies | - | Two Members |
| (c) | Rehabilitation expert | - | One Member |
| (d) | Technical expert in the subject relating to theproject | - | One Member |
| (e) | Tahsildar of the affected area Collector shallnominate Chairman from (a), (b) and (c). | - | One (Coordinator) |
16. Submission of Social Impact Assessment Report.
- The team appointed under rule 11 shall submit Social Impact Assessment Report to the Appropriate Government within six months from the date of notification issued under sub-section (1) of Section 4 of the Act.Chapter-V Submission of consent of affected persons17. Submission of consent of affected persons.
- The team appointed under rule 11 shall also submit consent of the affected persons as per first proviso to sub-section (2) of Section 2 of the Act.18. Consent to be obtained in Form-II.
- Consent of the affected person shall be obtained in Form-II.19. Provisions of Schedule I and II of the Act to be explained to affected persons.
- Before obtaining consent of affected persons under rule 18, provisions of Schedule I and II of the Act shall be explained to affected persons.20. Institutional support and facilitation for Social Impact Assessment.
21. Project-specific Terms of Reference and Processing Fee for the Social Impact Assessment.
- Where the Appropriate Government intends to acquire the land for public purpose, the proposal for such land acquisition shall be sent along with all the relevant documents to the unit appointed under rule 20(1), which shall:-22. Selection, of the Social Impact Assessment tea.
23. Process of conducting the Social Impact Assessment.
24. Publication of Social Impact Assessment Report and Social Impact Management Plan.
- The Social Impact Assessment and Social Impact Management plan shall be published by way of affixture at conspicuous places in the village/ward and announcement (munadi). A copy of notice shall also be published in the office of the District Collector, Sub-Divisional Magistrate, Tehsildar and shall also be uploaded on the website of the State Government.25. Appraisal of Social Impact Assessment by an expert group.
- 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 the effect within a period of two months.26. Consideration of recommendations of the expert group.
- The Appropriate Government may consider the recommendations of the expert group to ensure :-27. Publication of notification and declaration.
- After considering the recommendation of the expert group, the Appropriate Government shall publish its decision in prescribed format, in the Official Gazette under Section 19 of the Act, such publication shall only be done after the deposit of cost of acquisition by Requiring Body.Form-I[See rule 11]Office of the Collector and ex-officio Dy. Secretary, Department of Revenue and Disaster Management.NotificationUnder Section 4 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with rule 7.The State Government intends to acquire the land mentioned in Schedule below for public purpose, namely :-| District | Tahsil | Village/Town | Area | Details of public purpose |
| S. No. | Details of person Concerned | |
| 1. | Name of the persons(s) as per section 3(c) (i) &(v) of the Act. | |
| 2. | Name of the spouse : | |
| 3. | Name of Father/Mother: | |
| 4. | Address : | |
| 5. | Village/Basti: | |
| 6. | Gram Panchayat/Municipality/Township: | |
| 7. | Tahsil/Taluka: | |
| 8. | District: | |
| 9. | Name of other members in the family with age(including children and adult dependants) : | |
| 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 theGovernment, I wish to state the following (please circle) | |
| (i) I have read/readout the contents of thisconsent form and explained to me in language and | Yes | No |
| (ii) I do not agree to this acquisition | Yes | No |
| (iii) I agree to this acquisition | Yes | No |
| Signature or Thumb impression of theaffected family(s) and date. |
| 18. | The terms and conditions of Rehabilitation andResettlement, Compensation and other terms and conditions must beattached to the Form |
| Date and Signature of designateddistrict officialreceiving the signed form. |
| .........................Date and signatures/thumb impressions ofGramSabha members |
| ...........................Date and Signature of designated district officeronreceipt of the Resolution |
1. Demographic details of Project Area-
| (a) | Total population | (i) | Male | (ii) | Female |
| (b) | Number of child | (i) | Male | (ii) | Female |
| (c) | Castewise population | (i) | ST | (ii) | SC |
| (iii) | OBC | tiv) | Other | ||
| (d) | Religion wise population | (i) | Hindu | (ii) | Muslims |
| (iii) | Sikh | (iv) | Christian | ||
| (v) | Buddhist | (vi) | Other |
2. Number of Families below poverty line
3. Number of old age pensioners
4. Number of Nirashrit pensioners
5. Number of Illiterate Males and Females
6. Social and cultural organisation
7. Administrative organisation
8. Political organisation
9. Civil society organisation and social member
10. Land use-
11. Size of holdings-
12. Live stock-
13. Direct and Indirect work and employment
14. Migration
15. Participation of women in employment.
16. Food security.
17. Other local employment
18. Wage rates
19. Access to credit
20. Roads and Transport
21. Irrigation
22. Access to market
23. Tourist sites
24. Co-operative associations
25. Living style-
1. Impact on land, livelihoods and income-
2. Impact on physical resources-
3. Impact on private assets, public services and utilities-
4. Health impact-
5. Impact on cultural and social cohesion-
6. Impact on different stages of project cycle :
| Chapter | Contents |
| Executive summary | (a) Project andpublic purpose(b) Location(c) Size andattributes of land acquisition(d) Alternativesconsidered(e) Social Impacts(f) Mitigationmeasures(g) Assessment of social costs and benefits |
| Detailed project Description | (a) Background of theproject, including developers background and governance ormanagement structure(b) Rationale forproject including how the project fits the public purposecriteria listed in the Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and ResettlementAct, 2013(c) Details ofproject size, location, capacity, outputs, production targets,cost, risks(d) Examination ofalternatives(e) Phases of projectconstruction(f) Core designfeatures and size and type of facilities(g) Need forancillary infrastructural facilities(h) Work forcerequirements (Temporary and permanent)(i) Details of SocialImpact Assessment or Environment Impact Assessment if alreadyconducted and any technical feasibility reports(j) Applicable legislation's and policies |
| Team composition, approach, methodology andSchedule of the Social Impact Assessment | (a) List of all teammembers with qualifications, alongwith Gender experts included inthe team(b) Description andrationale for the methodology and tools used to collectinformation for the Social Impact Assessment(c) Samplingmethodology to be used(d) Overview of usedinformation or data sources (Detailed reference must be includedseparately in the forms.)(e) Schedule of consultations with keystakeholders and brief description of public hearings conducted(Details of the public hearings and the specific feedbackincorporated into the report must be included in the forms) |
| Land Assessment | (a) Information fromland inventories and primary sources-Describe with the help ofthe maps(b) Entire area ofimpact under the influence of the project (not limited to landarea for acquisition)(c) Total landrequirement for the project(d) Present use ofany public, unutilised land in the vicinity of the project area(e) Land (if any)already purchased, alienated, leased or acquired, and theintended use for each plot of land required for the project(f) Quantity andlocation of land proposed to be acquired for the project(g) Nature, presentuse and classification of land and if land is agricultural, areaof irrigation and cropping patterns(h) Size of holdings,ownership patterns, and distribution, and number of residentialhouses(i) Land prices and recent changes in ownership,transfer and use of lands over the last 3 years. |
| Estimation and enumeration (where required) ofaffected families and assets | Estimation of thefollowing types of families that are-(a) Directly affected(own land that is proposed to be acquired)(i) Tenants oroccupying the land proposed to be acquired(ii) The ScheduledTribes and other traditional forest dwellers who have lost any oftheir forest rights(iii) Dependent oncommon property resources which will be affected due toacquisition of land for their livelihood(iv) Have beenassigned land by the appropriate Government under any of itsschemes and such land is under acquisition(v) Have beenresiding on any land in the urban areas for preceding three yearsor more prior to the acquisition of the land(vi) Have depended onthe land being acquired as a primary source of livelihood forthree years prior to the acquisition(b) Indirectlyimpacted by the project (non-affected directly by the acquisitionof own lands)(c) Inventory of productive assets andsignificant lands |
| Socio-economic and cultural profile (affectedarea and resettlement site) | (a) Demographicdetails of the population in the project area(b) Income andpoverty levels(c) Vulnerable groups(d) Land use andlivelihood(e) Local economicactivities(f) Factors thatcontribute to local livelihoods(g) Kinship patternsand social and cultural organisation(h) Administrativeorganisation(i) Politicalorganisation(j) Community-basedand civil society organisations(k) Regional dynamicsand historical change processes(1) Quality of the living environment |
| Social impacts | (a) Framework andapproach to identifying impacts.(b) Description ofimpacts at various stages of the project cycle such as impacts onhealth 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 familiesand where applicable-cumulative impacts.(c) Indicative list of impacts areas includesimpacts on land, livelihoods and income, physical resources,private assets, public services and utilities, health, cultureand social cohesion and gender based impacts. |
| Analysis of costs and benefits andrecommendation on acquisition | (a) Final conclusionson assessment of public purpose, less-displacing alternative, andminimum requirements of land, the nature and intensity of socialimpacts, the viability of the mitigation measures and the extentto which mitigation measures described in the Social ImpactManagement Plan will address the full range of social impacts andadverse social costs.(b) The above analysis will use the equityprinciple described in Rule as a criteria of analysis forpresenting a final recommendation on whether the acquisitionshould go through or not. |
| References and Forms | For reference and further information |