1
PROJECT
RELEVANCE AND PROCESS OF SIA STUDY UNDERRFCTLAR&R ACT, 2013
PREPARED BY: NARAYAN DIXIT,
ADDITIONAL TAHASILDAR,DANAGADI
PERIOD OF TRAINING AT ROTI : 04.10.2018 TO 01-11-2018
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CONTENTS
SL. NO Description PAGE1 Introduction 32 Why Social Impact Assessment is important 33 Preparation of Social Impact Assessment Study 44 Preparation of Social Impact Assessment Study 4
5 What the Social Impact Assessment Study should include 4
6 Environmental Impact Assessment 4
7 Components of SIA 4
8 Public hearing and instrument of public participation 5
9 Publication of Social Impact Assessment study 5
10 Social Impact Assessment report by an Expert Group 5
11 Abandonment of the proposed project 5
12 Exemption from Social Impact Assessment 6
13 Lapse of Social Impact Assessment Report 6
14 Conclusion 7
15 Various forms 7-14
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Introduction:- Economic development projects brought many benefits but
also has unintended detrimental effects on people and natural resources. Human
activities have resulted in the disruption of social and communal harmony, the loss
of human livelihood and life, and the destruction of renewable resources. These can
negate the positive benefits of economic development. It is the process of
identifying and managing the social impacts of industrial projects. A balanced
development planning takes into account the environmental, social and biodiversity
impacts of economic development. Environmental Impact Assessment (EIA), Social
Impact Assessment (SIA) and biodiversity impact assessments are some of the
methods that aid in the planning and decision making process. These impact
assessments help in identifying the likely positive and negative impacts of proposed
policy actions. It is in this context that Social Impact Assessments (SIAs) assume
great relevance.
SIA mainly involves the processes of analysing, monitoring and managing the
intended and unintended social consequences, both positive and negative, of
planned interventions (policies, programs, plans, projects) and any social change
processes invoked by those interventions. These assessments can enable the project
implementing authorities to not only identify social and environmental impacts, but
also to put in place suitable institutional, organizational and project-specific
mechanisms to mitigate the adverse effects. They can also aid in bringing about
greater social inclusion and participation in the design and implementation stages of
the project. So SIA is used to predict and mitigate negative impacts and identifying
opportunities to enhance benefits for local communities and includes all
stakeholders in the process.
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 has addressed all concerns of farmers
and those whose livelihoods are dependent on the land which is to be acquired on
the other hand facilitates land acquisition for industrialisation, infrastructure and
urbanisation projects in a timely and transparent manner.
Why Social Impact Assessment is important:- SIA is an important tool to
assess the social, economic and cultural impacts of industrial activities on indigenous
communities. It helps to avoid potential negative impacts cultural sources like
sacred sites, natural resources like land, water, forests etc. SIA helps to identify the
affected people to get benefits through infrastructural development, job creation
etc.
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Preparation of Social Impact Assessment Study:- For any purpose if the
appropriate government wants to acquire land, it must consult the local Panchayat,
Municipality even at village level or ward level in the affected area and carry out
Social Impact Assessment study. The government will issue a notification for
commencement of the consultation and Social Impact Assessment study. The
notification should be published in local language and widely published in the
affected areas and in the website of the appropriate government. The Preparation
of Social Impact Assessment Study should be completed within six months.
It should include-
(a) Assessment obtained whether serves public purpose
(b) Estimation of affected families and the number of families among them likely
to be displaced
(c) Extent of lands, public and private, houses, settlements and other common
properties likely to be affectedby the proposed acquisition.
(d) Is the proposed acquisition is the absolute bare-minimum extent needed for
the project ?
(e) Whether land acquisition at an alternate place has been considered and
found not feasible
(f) Study of social impacts of the project and the nature and cost of addressing
them and the impact of these costs on the overall costs of the project vis-à-vis
benefits the project.
Environmental Impact Assessment :- It should be completed before publication
of SIA and it’s impact on the proposed project must be considered.
Components of SIA:- Whenever the appropriate government takes a SIA, it must
consider the various components like livelihood of effected families, public and
community properties, assets, infrastructures like roads, public transport, drainage,
sanitation, sources of drinking water, sources of water for cattle, community ponds,
grazing lands, plantations, public utilities like post offices, fair price shops, food
storage godowns, electricity supply, health care facilities, school and educational
facilities, anganwadis, children parks, places of worships, land for traditional tribal
institutions and burial or cremation grounds.
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Public hearing an instrument of public participation :- The appropriate
government should ensure the public hearing should be held at the affected area
and wide publicity should be given about the time, date and place of hearing. The
views of affected families should be included in the SIA report.
Publication of Social Impact Assessment study:- The appropriate government
should ensure that Social Impact Assessment study report is prepared and available
in the local language to the Panchayat, Municipality or Municipal Corporation, office
of the district collector, the Sub-Divisional Magistrate and the Tahasil office and the
report should be uploaded in the appropriate government’s website.
Social Impact Assessment report by an Expert Group:- The Social Impact
Assessment report should be evaluated by an independent multi-disciplinary expert
group and it may consist:-
Two non official social scientists
Two representatives of Panchayat, Gram Sabha, Municipality or
Municipal Corporation
Two experts on rehabilitation
A technical expert in the subject relating to the project
Any member of the expert group may be selected as chair person of the
group by the Appropriate
Government
The project may be abandoned if the expert group finds that:-
The project does not serve any public purpose
The social costs and advrse-social impacts of the projects outweigh the
potential benefits
The appropriate government may proceed with the acquisition when :-
The expert group opines that the project will serve any public purpose
The social benefits outweigh the social costs and adverse social impacts
and the appropriate government may make recommendations within
two months from the date of its constitution regarding the extent of
land proposed to be acquired is the bare-minimum extent needed for
the project and there are no other less displacing options available.
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The recommendations of the Expert Group should be available to the local
Grama Panhayat, Municipality or Municipal Corporation, office of the district
collector, the Sub-Divisional Magistrate and the Tahasil office and the report should
be uploaded in the appropriate government’s website.
Examination of proposal for land acquisition and the Social Impact Assessment
report by appropriate government(Sec 8):- The appropriate government should
ensure that
It the legitimate and bonafide public purpose for the proposed
acquisition which necessitates the acquisition of the land identified.
The potential benefits and the public purpose should outweigh the
social costs and adverse social impact
The land proposed to be acquired should be the minimum area
There should not be any unfulfilled land available which is previously
acquired.
If such unutilised land is available which was previously acquired then
make recommendation for utilisation of such land.
After considering the collector’s report and the expert group’s SIA report the
appropriate government should ensure minimum displacement of people, minimum
disturbance to the infrastructure, ecology and minimum adverse impact to the
displaced persons and the decision of the appropriate government shall be available
in local language to the local Grama Panchayat, Municipality or Municipal
Corporation, office of the district collector, the Sub-Divisional Magistrate and the
Tahasil office and the report should be uploaded in the appropriate government’s
website.
Exemption from Social Impact Assessment (sec 9):- When the land is
proposed to be acquired under urgency provisions of sec 40, the appropriate
government may exempt Social Impact Assessment for the same project.
Lapse of Social Impact Assessment Report:-When under section 7 the expert
group has submitted the report to the appropriate government and the preliminary
report is not issued under section 11 within twelve months of the expert group’s
report, then the SIA report deemed to have lapsed and a fresh Social Impact
Assessment to be done.
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Conclusion:- Social Impact Assessment is a very important tool as it covers all
aspects of life like religious, economy, land, infrastructures, traditions, employment
etc. It helps the appropriate government after taking all angles of the SIA study to
whether go with the proposed project plan or not.
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Form-B
Terms of Reference for SIA
The project specific Terms of Reference(ToR) shall include the followings, namely:-
(1) A briefdescription of the project area and the extent of lands proposed for acquisition
(2) The objectives ofthe SIA and all the activities that must be carried out by the SIA team.
(3) Sequencing,schedule and deadlines for deliverables with dates for the SIA process based on the size andcomplexity of the project and land acquisition and whether consent of Gram Sabhas and landowners is required to be sought
(4) The appropriatesize and profile of the SIA team required (including field surveyors if needed) to conduct the SIA forthe specific project.
(5) A project-specificbudget based on the ToR with a clear break up of costs for each item or activity.
(6) The schedule forthe disbursement of funds to the SIA team tied to clearly defined deliverables in the SIA process.
(7) The processingfee will be determined based on the Tor and budget developed for each specific project and will bebased on the size and location of the project and the land proposed for acquisition.
Authorized Officer of the State SIA unit
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FORM-C
(See rule 8 of the Odisha Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitationand Resettlement Rules,2015)
Government of OdishaRevenue & Disaster Management Department
NotificationNotification N0.
Date:Whereas the State Government intends toacquire the following lands in consultation with the
concerned Panchayat or Municipality or Municipal Corporation,as the case may be,at village orward level,inthe affected area ande carry out a Socilat Impact Assessment study for publicpurpose.
And whereas study shall be undertaken as per the provisions ofsection 4 of the Right to FairCompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Now, therefore, inexercise of the powers conferred by sub-rule(1) ofrule8 of the Odisha Right to FairCompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,2015,the StateGovernment do hereby issue this notice for carryingout SIA Study forcommencement of consultation andSocial Impact Assessment study on the basis of the following information, namely:-
i) Name of projectdeveloper:
ii) Purpose ofproposed acquisition of land:
iii) Organisation ofproposed acquisition of land:
iv) Contact details ofthe Organisation:
v) Land details:
District Tahasil Village Khata No. Plot o. Total Area Area to beacquired
Name ofrecordedraiyat
1 2 3 4 5 6 7 8
(a) Brief descriptionof the proposed project:
(b) The project areaand the affected areas:
(c) Whether consentof Gram Sabhas and land owners is required?
(d) The date ofcommencement of SIA:
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(e) The date ofcompletion of SIA:
By order of the GovernorPrincipal Secretary to GovernmentRevenue and Disaster Management Department
FORM-D
(See sub rule 2 of rule 9 of the Odisha Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Rules,2015)
Table of contents for SIA Report
SlNo.
Subject Item
Content
1 ExecutiveSummary
i)ii)iii)iv)v)vi)vii)viii)
Nameof the Project:Public purpose:LocationArea of the Project:Alternatives considered:Social Impacts:Mitigation measures:Assessment of social costs and benefits:
2 Detaileddescription ofthe project
i)
ii)iii)
iv)
v)vi)vii)viii)ix)
x)
xi)
Background of the project, including developers background and governance:Management structure:Rationale for project including how the project fits the public purpose criteria:
Details of project size, location, capacity, outputs, production targets, cost,risks:Examination of alternatives:Phases of project construction:Core design features and size and type of facilities:Need for ancillary infrastructural facilities:Work force requirements
a)emporary:
b)ermanent:
Details of SIA or EIA if already conducted and any technical feasibility reports:Applicable legislations and policies:
3 Team i) List of all team members with qualifications:
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composition,approach,methodologyand scheduleof the SIA
ii)
iii)iv)
v)
vi)vii)
Description and rationale for the methodology and tools used to collectinformation for the SIASampling methodology used:Overview of information or data sources used:(Detailed reference must be included separately in the forms)Schedule of consultations with public representatives and key stakeholders:Brief description of public hearings conducted:Specific feedback incorporated in the report:
4 LandAssessment
i)
ii)
iii)
iv)
v)vi)
vii)
viii)
ix)
x)
xi)
xii)
Maps showing area of impact under the project (not limited to land area foracquisition):Area of impact under the proposed project, including both land to be acquiredand areas that will be affected by environmental, social or other impacts of theproject:Extent and location of land proposed to be acquired for the projectIf the land proposed for acquisition is the bare minimum requirement:Possible alternative sites for the project and their feasibility:Weather the land proposed for acquisition in Scheduled Area is ademonstrable last resort:Land if any already purchased, alienated, leased or acquired and the intendeduse for each plot of land required for the project:The possibility of use of any public unutilised land for the project and whetherany of such land is under occupation:Nature of the land, present use and classification of land and if it is anagricultural land, the irrigation coverage for the said land and the acquisition:Weather the special provisions with respect to food security have beenadhered to in the proposed land acquisition:Size of holdings, ownership patterns, land distribution, number of residentialhouses and public and private infrastructure and assets:Land prices and recent changes in ownership, transfer and use of lands overthe last three years:
5 Estimation andenumeration(whererequired) ofaffectedfamilies andassets)
Enumeration of the following types of families:-(a)
amilies whose land or other immovable properties have beenacquired:
(b)and under occupation of tenants:
(c)amilies of the Scheduled Tribes and other traditional forest dwellerswho have lost any of their forest rights:
(d)amilies of agricultural labourers, tenants or holding of usufructuaryright, share croppers or artisans or who may be working in the affectedarea for three years prior to the acquisition of the land:
(e)amilies who have been assigned land by the stage government or thecentral government under any of its schemes:
(f)
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amilies who have been residing on any land in the urban areas forpreceding three years or more prior to the acquisition of the land:
(g)amilies indirectly impacted by the project (Gatherers of forestproduce, hunters, fisher folk, boat men etc)
(h)nventory of productive assets and significant lands:
6 Socio-economic andculturalprofile(affected area andresettlementsite)
(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)(ix)(x)(xi)(xii)(xiii)
Demographic details of the population in the project area:Income and poverty levels:Vulnerable groups:Land use and livelihood:Local economic activities:Factors that contribute to local livelihoods:Kinship patterns and social and cultural organisation:Shrines and sacred places:Administrative organisations:Political organisations:Community based and civil society organisations:Regional dynamics and historical change processes:Quality of the living environment:
7 Social Impacts (i)(ii)
(iii)
Framework and approach to identifying impacts:Description of impacts at various stages of the project cycle such as impacts onhealth and livelihoods and culture. For each type of impact, separate indicationof whether it is a direct or indirect impact differential impacts on differentcategories of affected families and where applicable cumulative impacts:Indicative list of impact areas include impacts on land, livelihoods and income,physical resources, private assets, public services and utilities, health, cultureand social cohesion and gender based impacts:
8 Analysis ofcosts andbenefits andrecommendations onacquisition
(i)(ii)(iii)(iv)
Final conclusion on-Assessment of public purpose:Less displacing, alternative and minimum requirement of land:Nature and intensity of social impacts:Viability of the mitigation measures and extent to which mitigation measuresdescribed in the SIMP shall address the full range of social impacts and adversesocial costs:
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FORM-E
(See sub rule 2 of rule 9 of the Odisha Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Rules,2015)
Social Impact Management Plan
(1) Ameliorativemeasures required to be undertaken for addressing the impact of the project on___
(a) Livelihood ofaffected families
(b) Public andcommunity properties
(c) Assets andinfrastructure particularly roads, public transport:
(d) Drainage andsanitation:
(e) Sources ofdrinking water:
(f) Sources of waterfor cattle
(g) Communityponds
(h) Grazing land(i) Plantations:(j) Public utilities
such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities,schools and educational or training facilities, anganwadis, children parks, places of worship, land fortraditional tribal institutions and burial and cremation grounds:
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Measures that the Requiring Body has stated it will introduce in the Project Proposal
Additional measures that the Requiring Body has stated it will undertake in response to the findings ofthe SIA process and public hearings.
(The SIM Plan shall also mention key persons responsible for each ameliorative measure and timelinesand costs for each activity)
FORM- F
Socio-economic and cultural parameters
1. Demographicdetails of the population in the project area:(a) Age, sex, caste,
religion(b) Literacy, health
and nutritional status2. Poverty levels:3. Vulnerable groups-
(a) Women(b) Children(c) The elderly(d) Women headed
households(e) The differently
abled4. Kinship patterns
and women’s role in the family:5. Social and cultural
organisation:6. Administrative
organisation:
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7. Politicalorganisation:
8. Civil organisationsand social movements:
9. Land use andlivelihood:-(a) Agricultural and
non-agricultural:(b) Quality of land-
soil, water, trees etc:(c) Livestock:(d) Formal and
informal work and employment(e) Household division
of labour and women’s work:(f) Migration:(g) Household income
levels:(h) Livelihood
preferences(i) Food security:
10. Local economicactivity:-(a) Formal and
informal local industries:(b) Access to credit:(c) Wage rates(d) Specific livelihood
activities women are involved in11. Factors that
contribute to local livelihood:-(a) Access to natural
resources:(b) Common property
resources:(c) Private assets:(d) Roads,
transportation:(e) Irrigation facilities:(f) Access to markets:(g) Tourist sites:(h) Livelihood
promotion programmes(i) Co-operatives and
other livelihood related associations:12. Quality of the
living environment:-(a) Perceptions,
aesthetic qualities, attachments and aspirations:(b) Settlement
patterns:(c) Houses(d) Community and
civic spaces:(e) Sites of religious
and cultural meaning:(f) Physical
infrastructure(including water supply, sewage systems etc)
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(g) Public serviceinfrastructure(schools, health facilities, anganwadi centres, public distribution systems)
(h) Safety, crime,violence:
(i) Social gatheringpoints for women: