R&R Procedure in the RFCTLARR Act, 2013 & Odisha RFCTLARR Rules,2016 & A Comparison between the ORR Policy, 2006 and R&R elements of RFCTLARR Act, 2013 .

The Right to Fair Compensation and Transparency in Land Acquisition, REHABILITATION and resettlement Act, 2013. 1st Central Law on R&R R&R for the affected families whose land has been acquired or proposed to be acquired or are affected by acquisition. Cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status .

Cases to which R&R provisions of the Act apply When appropriate Government acquires land for its own use , hold and control, including for Public Sector Under Takings and for public purpose. When appropriate Government acquires land for public private partnership projects for public purpose where ownership of land continues to vest with Government. When appropriate Government acquires land for Private Company for Public Purpose When Private Company acquires land equal to such limit s in rural and urban areas as may be prescribed by Appropriate Government ( Rule 47 : 200acres of dry land or equivalent extent of irrigated or wet land in rural areas and 50 acres in Urban areas) through private negotiation with the owners of land in accordance with provision under section 46 of the Act Where Private Company requests appropriate Government for partial acquisition for public purpose, then R&R will be applicable for the entire area ( Land purchased + acquired by Govt for the Project as a whole)

R&R functionaries Commissioner for R&R : RDCs have been appointed as Commissioner for R&R Vide R&DM Department Notification No 19436 dated 25.6.2016. Collector: Collector of a Revenue District & includes any officer specially designated to perform the functions of Collector under the Act. ( Section 3 (g) Land Acquisition Collector: Officer designated as such by the State Government to perform all or any of the functions of the Collector under the Act.(Rule 2 (f). Administrator for R&R: All Sub- Collectors have been appointed as Administrator for R&R vide R&DM Department Notification No 34160 dated 17.11.2014 . Where PD (R&R) are available, they will function as Administrator , R&R in place of Sub- Collectors

R&R Process where consent is involved In case of land acquisition for private companies, prior consent of 80% of affected families as defined in Section 3 ( C ) (i) & (v) and in case of PPP Projects prior consent of 70 % of those category of affected families. Process of obtaining Consent to be carried out during SIA. Rule 21 (2): During the consent procedure terms and conditions of compensation, R&R benefits and other measures agreed to by the Requiring Body shall be made available to the affected families for filing their consent Rule 21(4): consent is filed in Form J. Rule 31 (2) : Where consent is involved draft R&R scheme shall be prepared taking into account the negotiated terms and conditions of R&R reached between the Requiring Body and the affected families. Begins with SIA & preparation of Social impact Mitigation Plan Rule 11 (3): Based on land assessment, land records and field verification, the SIA shall provide an accurate estimate of the number of affected families and the number of displaced families among them. Rule 11 (4): Identification of area in consultation with the DFs Rule !2: SIMP shall along with other ameliorative measures provide detailed R&R entitlement Matrix of each enumerated affected and displaced family. Rule13: SIMP to include Development Plan prepared in accordance with provision under section 41.

Role of Administrator, R&R in R&R Process ( During SIA Study) Rule 14 (6) Public Hearing of draft SIA Report and SIMP shall be organized by the District Administration through the concerned LAO and Administrator, R&R. Rule 14 (8) Representatives of the Requiring Body , LAO, Administrator R&R and other officers deputed by the District Collector shall address the questions and concerns raised by the affected families. Rule 14 (10) The proceedings of the public hearing shall be video recorded and transcribed accordingly which shall be submitted along with the final SIA report.

Contents of Preliminary Notification : Section 11 (3) . Statement on the nature of public purpose involved Reasons necessitating the displacement of affected persons Summary of the SIA Report . Particulars of the Administrator for R&R

Role of Administrator, R&R in R&R Process (Upon Publication of Preliminary Notification U/S 11 (1) Rule 30: Shall undertake survey and census of affected families Rule 31: Based on the Survey and Census of the affected family shall prepare draft R&R scheme. Where consent involved it will be based on negotiated terms and conditions of R&R Rule 32: Publish the draft R&R Scheme, Organize public hearings on the draft R&R Scheme, hearing to the RB, Submission of Draft R&R Scheme to Collector, assist the District Collector in reviewing the Scheme before submission to the Commissioner for R&R for approval.

Role of Administrator, R&R in R&R Process ( After the R&R award is made ) Rule 32 (j) & (k) Monitor & Supervise implementation of R&R award To assist in post implementation audit of R&R

R&R Committee at Project Level - Where land proposed to be acquired is equal to or more than 100 acres, the appropriate Government shall constitute a Committee under the Chairmanship of the District Collector to be called the R&R Committee The R&R Committee will monitor and review the progress of implementation of the R&R Scheme and carry out post implementation social audits in consultation with Gram Sabha in Rural Areas and Municipality in Urban Areas The Administrator for R&R will be the Member- Convener of the R&R Committee

Timelines in Draft R&R Scheme Preparation Process Survey & Census of affected & displaced families under the provisions of Sub-Section (1) of Section 16 of the Act read with Rule 30 of the Rules. Time Line Within a period of 60 days from the date of publication of the preliminary notification Preparation of the Draft Rehabilitation & Resettlement Scheme as required under Section 16 Time Line Within a period of 60 days from the date of completion of survey & census of the affected and displaced families . Review of the draft R&R Scheme by the District Collector and submission of the draft R&R Scheme for approval of the Commissioner for R&R as required under Section 17 of the Act Time lin within a period of 30days from the date of submission of the draft R&R Scheme by the Administrator for R&R to the District Collector.

Area Identified as Resettlement Area Details of R&R Scheme R&R Entitlement of Each Affected & Displaced Person including the R&R of eligible livelihood losers Area Identified as Resettlement Area Details of Infrastructural Amenities to be provided in the Resettlement Area/ Colony Detailed account of the cost of rehabilitation and resettlement to be deposited by the Requiring Body before proceeding with land acquisition.

Section 108 of the Act and Relevance of ORR Policy, 2006. (1) Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State. (2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State Iaw or such policy of the State instead of under this Act. Rule 30 (2) It has been provided under Sub- Rule (2) of Rule 30 of the Odisha Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation & Resettlement Rules, 2016, that where the option of choosing alternative R&R entitlement is available, the option of the affected families shall be obtained during the survey and census of the affected families. Relevance of the entitlements under ORR Policy , 2006 Therefore, even after the coming into force of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, the R&R entitlements under the Odisha R&R Policy, 2006, have not lost their relevance and the interested displaced and affected families can exercise their option and choose between the R&R entitlements under the Policy and Act depending on what they find to be more beneficial to them. Therefore, it will be one of the responsibility of the Administrator R&R to present before them the parallel option at the time of survey and census for preparation of draft R&R Scheme.

Cost of R&R in the R&R Scheme to include the followings The cost of acquisition of land and buildings for settlement of displaced or adversely affected families Cost of development of infrastructure and amenities at the resettlement areas, All other cost of rehabilitation and resettlement as determined in accordance with the provisions of the Act and Administrative Cost under Rule 24 of the Odisha RFCTLARR Rules, 2016. Required details with clear break up of cost for each item of activity shall be clearly delineated in the R&R Scheme Rule 22to 26: Deposit to be made by the Requiring Body before the Declaration u/s 19 (1) is made.

Undertaking from the Requiring Body as to cost of R&R An undertaking from the Authorized Officer of the Requiring Body shall be obtained before finalization of the R&R Scheme to the effect that the cost towards any subsequent liability arising out of the R&R requirements under the RFCLAR&R Act , 2013 will be borne by the Requiring Body and the Requiring Body will also pay the full amount in case of decree by the Land Acquisition, Rehabilitation and Resettlement Authority , High Court and Supreme Court of India as and when asked to do so by the Commissioner for R&R or the District Collector.

Publication of Declaration & summary of R&R : Section 19 Section 19 (1) of an area Declaration of area for public purpose to be made along with Declaration of an area identified as the “ Resettlement Area”. Section 19 (2) Publication of Declaration along with Summary of the R&R Scheme. Proviso u/s 19 (2) No Declaration would be made unless the Requiring Body deposits full cost of acquisition u/s 3 (i) . Ref: Rule 22 to 26. Section 19 (3) In Projects where land is acquired in stages , the application for acquisition itself can specify different stages for the R&R, and all the Declarations shall be made accordingly to the stages specified

Comparative position of R&R Entitlement Matrix under the RFCTLARR Act, 2013 & ORR Policy, 2006 Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 1 House site   1/10th of an acre or 0.85 lakh for self relocation to DFs 2 House Units As per IAY specification in rural areas or equivalent cash and not less than 50sqm plinth area in urban areas or an amount of not less than 1.5 lakh House in resettlement habitat or HBA of Rs 2,55,000 to DFs whether settling in a resettlement habitat or else where 3 Land for Land In case of irrigation projects, as far as possible and in lieu of compensation to be paid for LA , minimum 1 acre of land in the command area of the Project to the Land losing affected families of Irrigation Projects and land losing families reduced to the status of marginal farmers or landless Land to Land losing Schedule Castes or Scheduled Tribes equivalent to land acquired or 2 &1/2 acres whichever is lower.

Allotment of Agricultural Land Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006  4 Offer of developed land In case of land acquired for urbanization purposes, 20% of the developed land will be reserved and offered to the land owning project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development 5 Allotment of Agricultural Land 2.5 Acres of irrigated or 5.00 Acres of non- irrigated land to DFs belonging to ST category and2.00 Acres of irrigated or 4.00 Acres of non- irrigated land to DFs belonging to non ST category or cash equivalent @ 1.75 lakhs per Acre for irrigated land and Rs.0.85 lakhs per acre for non- irrigated land. 6. Registration cost of land and house Fees payable for registration cost of land or house allotted to the affected families to be borne by the requiring body DFs of Irrigation Projects opting for cash based rehabilitation are paid registration cost of land by the Project Authority with in a period not exceeding 5 years from the date of displacement

Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 7 Choice of Annuity or Employment The appropriate Government shall ensure that the affected families are provided with the following options : Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided in any other law for the time being in force , to at least one member per affected family in the project or arrange for a job in such other project as may be required; or onetime payment of 5 lakhs rupees per affected family ;or Annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural labourers. Employment to one member of the original displaced family (DF) or one time cash assistance in lieu of employment for extended families ranging between Rs.8.50 Lakh to Rs. 1.70 lakh for various categories

Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 8 Fishing Rights Fishing rights in the manner prescribed by Appropriate Govt to affected families of Irrigation or hydel Projects,Fishing rights to the affected SCs/ STs and Traditional Forest Dwellers 9. One-time Resettlement allowance Rs.50,000/- to each affected family 10 Cattle Shed/ petty shops cost Such amount as the Appropriate Govt may prescribe subject to a minimum of Rs,25,000/ for construction of cattle shed/petty shops to each affected family having cattle or petty shop. The amount notified by R&DM Department is Rs.25,000/-  No provision for cost of cattle shed/ petty shops 11 Transportation cost for DFs Rs.50,000/ for shifting family, building materials, belongings and cattle to each affected family which is displaced Rs.3400/ to each DF

Subsistence Allowance Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 12 One time grant to artisans, small traders and certain others Such amount as the Appropriate Govt may prescribe subject to a minimum of Rs,25,000/ . The amount notified by R&DM Department is Rs.25,000/- 13 Training Suitable training and skill up gradation of affected families Skill up gradation training to the DFs& AFs 14 Subsistence Allowance Rs3000/ per month for 1 year from the date of award to each affected family which is displaced Rs.3400/ per month to DFs for a year from the date of vacation Subsistence Allowance for SC& ST Rs3000/ per month for 1 year from the date of award + Rs.50,000 to Schedule Tribes and SCs displaced  Rs.3400/ per month to DFs for a year from the date of vacation

Component RFCTLARR Act2013 ORRPolicy,2006 Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 15 Convertible preference share Requiring Authority may offer 25% of the compensation value in shares ( Section 26) Up to 50% out of cash assistance in lieu of employment as convertible preference share 16  Ex-gratia for multiple displacement Additional compensation equivalent to compensation determined under the Act for the 2nd & successive displacement . Additional compensation amounting to 50% of the normal compensation as ex-gratia to each DF 17 Assistance for temporary shed   Rs.17,000/ to each DF 18 Development Plan In case of involuntary displacement of SCs and STs, a Development Plan shall be prepared laying down details of the procedures for settling land rights due but not settled , restoring titles of STs and SCs on alienated land and programme for development of alternate fuel, fodder and non – timber forest produce resources on non forest lands within a period of 5 years, sufficient to meet the requirements of SCs and STs( ref: Section 41)

Component RFCTLARR Act2013 ORRPolicy,2006 Sl. No. Component RFCTLARR Act2013 ORRPolicy,2006 19 Preference in allotment of land for land DFs of indigenous category are given preferential allotment of land 20 25% higher rehabilitation and resettlement benefits SC & ST families settled outside the district will get 25% higher R&R benefits to which they are entitled in monetary terms along with an one time entitlement of Rs. 50,000/- ( Ref: section 41 (11) Indigenous displaced families resettled outside the district are given 25% higher R&R benefits in monetary terms 21 Land for community and religious gathering for STs Free of cost land for community and social gathering in resettlement areas predominantly inhabited by STs and SCs( Ref: section 41 (8) 22 Quantification of community rights under FRA in monetary terms Community rights settled under FRA shall be quantified in monetary terms and paid to the concerned individual who has been displaced in proportion with his share( section 42(3)

Possession to be taken over after ensuring full payment of compensation as well as R&R Within a period of 3 months from the date of award. Payment of monetary part of R&R Within a period of 6 months from the date of award. Delivery of Infrastructural entitlements under the 2nd & 3rd Schedule Within a period of 18 months from the date of award In case of Irrigation or hydel Projects R&R to be completed 6 months prior to submergence of land acquired.

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