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Social Impact Assessment

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42 views4 pages

Social Impact Assessment

Uploaded by

VARUNKUMAR Kl
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1. Social impact assessment.

1. Introduction

Land has been the most vital resource to sustain life on earth. The term
Land is inclusive of all that nature has created on earth , above the
earth and below the earth’s surface. It holds immense importance not
only for the survival of human beings but for all the material &
nonmaterial desires too.

In 21st century, land has emerged as the most critical resource in


relation to economic development, rapid urban expansion and
industrialization as well as addressing the issue of ensuring food
security and climate change. Apart from economic aspects , people’s
significant moral, social and cultural values are too attached to the
land. Therefore, acquisition of land for any activity by the Govt. as well
as the private body mandates that all facets of acquisition &
repercussions must be considered with far sightedness.

In a developing economy like India Land Acquisition is essential for


infrastructure development, industrialization etc. which can have
multiple effects on economic people’s lives.

Land acquisition for such projects cause huge displacement, loss of


livelihoods & lack of appropriate policy measures coupled with non
involvement of land losers often lead to agitation/protest/violence
among the people. In this regard, Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement


(RFCTLARR) Act, 2013 proposes a solution i.e. Social Impact
Assessment (SIA) study to map and estimate costs

and benefits to the people affected through the acquisition.

RFCTLARR came into force on 1st January 2014. It repealed the old LA
Act of 1894. It envisaged redressing the imbalance of power between
government and the land losers. The act broadened the category from
mere land losers to livelihood losers; introduced a new compensation
formula, mandated consent of land losers, rehabilitation and
resettlement of land loser & most importantly the study of SIA

2. What is Social Impact Assessment ?

SIA- Social Impact Assessment- is a field of research and practice which


involves a body of

knowledge, techniques, and values for 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.SIA alerts the planners and programme executors
of the likely benefits and costs of a proposed project, which may be
social, cultural, and/or economic and such others.

3. Relevance of Social Impact Assessment

SIA, enshrined in Sec 4(1) to Sec. 9 forms an integral part of land


acquisition under this act.

SIA study helps make informed decision regarding the problems that
the displacement will cause. SIA helps enhance the project benefits to
poor and vulnerable people while minimizing or mitigating concerns,
risks and adverse impacts through a participatory, informed and
transparent process involving all stakeholders. The SIA study can even
question the justification provided for public purpose, suggest
alternative mechanism and can even recommend dropping the whole
acquisition process.

4. Process of SIA study

4.1. Preliminary procedure before SIA study

To assess the impact of the projects, SIA is to be carried out in all cases
of land acquisition within six months of date of commencement. It is to
be conducted by an independent third party agency. In Odisha,
Nabakrushna Choudhury Institute of Developmental Studies (NCDS) is
the State Nodal Agency for conducting SIA Study. NCDS has identified
32 independent agencies to conduct the study in different parts of the
State on its behalf .Government shall ensure that adequate
representation has been given to the representatives of Panchayat,
Gram Sabha, Municipality or Municipal Corporation,Collectorate or as
the case may be, at the stage of carrying out the Social Impact
Assessment study.
4.2 Preparation of SIA study

After receipt of proposal from the District Collector, the state SIA unit
shall prepare a detailed project specific Terms of Reference (ToR) for
each proposal listing all the activities that must be carried out indicate
the appropriate team size, number of field teams and profile of the
team members stipulate the schedule and key deliverables for the SIA.
shall also determine an estimated SIA fee based on the TOR with clear
break-up of costs for each item or activity.

4.3. Mandatory Public Hearing:Under this provision U/s -5 Public


hearing is mandatory. For the hearing adequate publicity about the
date, time and venue for the public hearing is undertaken by the
appropriate Govt. to ascertain the views of the affected families during
the Social Impact Assessment study which will also relfect in the study
report.
4.4. Publication of SIA

Under sec.6, the appropriate Government shall also ensure that the
Social Impact Assessment study report and the Social Impact
Management Plan(SIMP) are prepared and made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as
the case may be, and the offices of the District Collector, the Sub-
Divisional Magistrate and the Tahsil, and shall be published in the
affected areas & uploaded in the website.

4.5. Appraisal of SIA

U/s 7 of the act, the SIA Report to be evaluated by an independent


multidisciplinary Expert Group consisting of :

(i) Two non-official social scientists

(ii) Two representatives of local bodies i.e. Panchayat, Gram Sabha,


Municipality or Municipal Corporation, as the case may be

(iii) two experts on rehabilitation

(iv)A technical expert in the subject relating to project

(V)The appropriate Government may nominate a person from amongst


the members of the Expert Group as the Chairperson of the Group.

4.6. Examination by appropriate Government

The appropriate Govt. Shall examine the Report of the Collector on SIA ,
report of the Expert Group on the Social Impact Assessment , the SIA
report along with the proposal for land acquisition . After considering
all the reports, finally the decision is taken whether to approve or reject
the SIA report by the Govt.& the same is made available in local
languages in concerned Panchayats,Tahasils,Municipalities, Sub-
CollectorOffice, District Collectorate or as the case may be.

4.7. Exemptions

If land is proposed to be acquired under urgency provision in Sec. 40


SIA study may be exempted by appropriate government. This provision
is restricted to:

(a) acquisition of land for defence of India; or

(b) national security; or

(c) for any emergency arising out of natural calamities: In respect of


irrigation projects where the process of Environment Impact
Assessment is required under the provisions of any other law for the
time being in force, the provisions of this Act relating to Social Impact
Assessment shall not apply.

4.8 Lapse of SIA report: As per Sec. 14, where a preliminary notification
under section 11 is not issued within twelve months from the date of
appraisal of the Social Impact Assessment report submitted by the
Expert Group u/s- 7, then, such report shall be deemed to have lapsed
and a fresh Social Impact Assessment shall be required to be
undertaken prior to acquisition proceedings u/s-11. The appropriate
Govt. shall have the power to extend the period of twelve months, if in
its opinion circumstances exist justifying the same.

5. Conclusion

The Right to Fair Compensation and Transparency in Land Acquisition,


Rehabilitation and Resettlement (RFCTLARR) is citizen centric and
means (ex-SIA study) are more democratic as involves the affected in
the land acquisition procedure and ensures that the people affected by
it are adequately listened to & adequately compensated against the
loss. The new clauses of this act not only prioritise a fair compensation
but also empowers them to exercise their democratic rights.

2. Explain the history of land acquisition laws in india

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