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State of Odisha - Section

Section 497 in The Orissa Municipal Corporation Act, 2003

497. Resettlement and rehabilitation.

(1)The inhabitants of listed settlements classified as 'untenable' under Section 489 are entitled to receive basic minimum services until proper relocation and resettlement under Subsection (2).
(2)The Corporation may draw up comprehensive resettlement and relocation guidelines for urban dwellers and all relocation or resettlement of dwellers residing in untenable sites shall be implemented strictly in accordance with such guidelines which shall ensure that -
(a)alternatives to resettlement should be fully explored before any decision is taken to move people;
(b)relocation distances should be minimized to reduce the impact on livelihoods;
(c)resident dwellers must be provided with some choice of alternative sites and where feasible, an alternative rehabilitation package;
(d)all resettlement sites should be adequately serviced and provision should be made for public transportation prior to settlement;
(e)the livelihoods of affected people must be sufficiently compensated within a fixed period;
(f)participation of primary stakeholders, particularly women, in planning and decision making is a pre-requisite for any resettlement process;
(g)women's particular needs and constraints must be specifically addressed;
(h)any urban development project that leads to the involuntary resettlement of communities must take provision to cover the costs of resettlement and rehabilitation; and
(i)all stages of the resettlement process including the transition and follow-up periods should be closely monitored and supervised by the Corporation with community representatives.