Section 23 in Chhattisgarh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment, Consent and Public Hearing) Rules, 2016
23. Process of conducting the Social Impact Assessment.
(1)The Social Impact Assessment team shall collect and analyse quantitative and statistical data of affected area, undertake site visits, use participatory methods such as focused group discussions and personal interviews in preparing Social Impact Assessment Report.(2)All relevant reports and feasibility studies shall be made available to Social Impact Assessment team, as required. It shall be the duty of the Collector to ensure that any request for information from Social Impact Assessment team is met at the earliest, not exceeding ten days.(3)A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar project 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, the environmental, social or other impacts of the project;(b)details of the land proposed to be acquired for project;(c)the land proposed for acquisition is the bare minimum required area for the project;(d)possible alternative sites for the project and their feasibility;(e)whether, the land proposed for acquisition in Schedule Area is a demonstrable last resort;(f)land, if any, already acquired by any means, and the intended use for each plot of land required for 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;(i)the special provisions with respect to food security have been adhered to in the proposed land acquisition;(j)size of holdings (marginal and small farmers), number of residential houses, and public and private infrastructure and assets; and(k)land price, transfer and use of land over the last three years.(4)Social Impact Assessment team shall, after physical verification of land records, enumerate the actual number of displaced persons and families.(5)A socio-economic and cultural profile of the affected area must be prepared, based on available data and held visits and consultations in Form-Ill:Provided that in projects where resettlement is required, the identified resettlement sites shall be visited and their current resident population shall be indicated.(6)Based on the data collected and the extent and intensity of the positive and negative social impacts associated with the proposed project, the manner of land acquisition shall be as prescribed in Form-Ill.(7)(a)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.(b)The Social Impact Assessment team must assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities.(c)The Social Impact Management Plan shall include the following measures :-(i)particulars specified in terms of rehabilitation, resettlement and compensation of all the categories of affected families as outlined in the Act;(ii)that the Requiring Body has stated that it will undertake in the project proposal and other relevant project documents; and(iii)additional measures undertaken by requiring body during the Social Impact Assessment process and public hearing.(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.(9)The subject-matter contained in Form-IV shall be there in Social Impact Assessment Report and Social Impact Management Plan.
