No. RD 152 AQB 2013, Bangalore, Dated 17 Oct 2015
Whereas the draft of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka) Rules, 2014 was published as required by section 112 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) in Notification No. RD 152 AQB 2013, dated: 21-06-2014, in Part IV-A of the Karnataka Gazette (Extraordinary) dated: 21-06-2014 & 11-07-2014 inviting objections or suggestions from all the persons likely to be affected thereby within fifteen days from the date of its publication in the official Gazette.
Whereas the said Gazette was made available to the public on 21-06-2014 & 11-07-2014.
And Whereas, objections and suggestions received in this behalf within the period specified above have been considered by the State Government.
Now, therefore, in exercise of the powers conferred by section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) the Government of Karnataka hereby makes the following rules, namely:-
1. Title and commencement. - (1) These rules may be called 'The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka) Rules, 2015".
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires:-
(2) Words and expressions used but not defined in these rules, but defined in the Act or in any law for the time being in force shall have the same meaning respectively assigned to them in the Act or in any other law for the time being in force.
SOCIAL IMPACT ASSESSMENT
3. Social Impact Assessment study
(1) Any requiring body or its duly authorized representative for whom the land is to be acquired shall file the requisition to the Deputy Commissioner and to Commissioner, Rehabilitation and Resettlement with all the required documents.
(2) The Deputy Commissioner upon receiving requisition shall constitute a team of revenue, agriculture and or such other officers to make a field visit along with representative of the requiring body to make a preliminary enquiry about the correctness of the particulars furnished in the requisition including the enquiry as to whether the requisition is consistent with the provisions of the Act, and the team shall submit a report to the Deputy Commissioner within 15 days.
(3)The Deputy Commissioner based on the report of the team, and other information available with him and instructions issued by the State Government in this regard, if is satisfied that the requisition is consistent with the provisions of the Act, shall calculate the estimated cost of acquisition and other charges and arrive at administrative cost . The Deputy Commissioner will then inform the requiring body to deposit such administrative cost in his office.
(4)The Commissioner, Rehabilitation and Resettlement, upon receiving the copy of the requisition shall arrange to calculate the processing fee required for carrying out SIA study through State SIA Unit and intimate the requiring body to deposit such processing fee in the office of Commissioner Rehabilitation and Resettlement within 15 days.
(5) The requiring body shall be required to deposit such administrative cost and processing fees for conducting SIA study within the stipulated time, failing which further process will not be initiated. Further the requiring body shall also be required to deposit the amount calculated for rehabilitation and resettlement at the appropriate time of the displacement of affected families.
(6) The Commissioner , Rehabilitation and Resettlement, shall thereupon direct the Deputy Commissioner to issue a notification for carrying out Social Impact Assessment in Part-A of Form-I regarding the commencement of consultation and study of Social Impact Assessment and such a notification issued by the Deputy Commissioner shall be made available in Kannada in the local authority and in the offices of the Commissioner , Rehabilitation and Resettlement, Deputy Commissioner, Special Land Acquisition Officer, Administrator, concerned Tahsildar and Gram Panchayat concerned and shall be published in the form of posters and pamphlets circulated in the affected area, and by affixing the posters at conspicuous places in the affected areas and shall be uploaded on the website of the District or State Government. Such notification shall be issued within thirty days after the deposit of the processing fee by the requiring body for carrying out Social Impact Assessment as determined by the State SIA Unit.
Provided that, no such notification of the commencement of the Social Impact Assessment study shall be issued if the requiring body has not deposited the processing fee towards Social Impact Assessment study and the administrative cost.
(2) The Social Impact Assessment study shall be conducted in consultation with concerned local authority, Panchayat, Municipality or Municipal Corporation, at village level or ward level in the affected areas, for the purpose of Section 4 followed by a public hearing in the affected areas by giving adequate publicity about the date and time and venue for the public hearing which shall be recorded in writing to ascertain the views of the affected families
(3) The Social Impact Assessment report shall be submitted in Form-II to the Commissioner, Rehabilitation and Resettlement within a period of three months from the date of its commencement and shall include the views of the affected families recorded in writing.
(4) The Social Impact Management Plan listing the ameliorative measures required to be undertaken for addressing the impact of the project under sub-section (6) of Section 4 of the Act shall also be submitted in Form-III along with the Social Impact Assessment report to the Commissioner, Rehabilitation and Resettlement
(5) The Social Impact Assessment report and the Social Impact Management Plan shall be made available in the local language of the concerned local authority, Panchayat, Municipality or Municipal Corporation, at village level or ward level in the affected areas and in the Offices of the Deputy Commissioner, Sub-Divisional Officer, Special Land Acquisition Officer, Administrator, Tahsildar and Gram Panchayat by displaying on the notice Board of the offices and shall be uploaded on the website of the State Government.
(6) In respect of Irrigation projects, the Head of the Department shall certify that where the environment impact assessment is required under the provisions of any other law for the time being in force, the provisions of the Act related to Social impact assessment shall not apply.
4. Institutional support and facilitation for Social Impact Assessment.-(l) The State Government, through Commissioner for Rehabilitation and Resettlement, shall establish an independent organization hereinafter referred to as the State Social Impact Assessment Unit and other District social impact assessment units with Deputy Commissioner of concerned district, which shall be responsible for ensuring that social impact assessment studies are commissioned and conducted by such person or bodies other than the requiring body as per the provisions of the Act for all cases of land acquisition under the Act.
(2) The State level Social Impact Assessment Unit, with the assistance of District social impact assessment Units, shall perform the following functions namely:-
(a) build and continuously expand the State and District Database of Social Impact Assessment units shall act as a network of Institutions with the required skills and capacities to conduct Social Impact Assessments for land acquisition and rehabilitation and resettlement;
(b) on the request of the State Government, conduct immediately Social Impact Assessment by preparing project-specific terms of Reference (hereinafter referred to as TOR);
(c) conduct training and capacity building programs for the Social Impact Assessment team and community surveyors and make available manuals, tools, comparative case study reports and other materials required for the analysis;
(d) provide ongoing support and corrective action, as required during the Social Impact Assessment process;
(e) ensure that the transaction based web-based workflow for social impact assessments and Management Information System for land acquisition and rehabilitation and resettlement is maintained and all relevant documents are disclosed as per the provisions of the Act;
(f) maintain a catalogue of all Social Impact Assessments and associated primary material; and
(g) continuously review, evaluate and strengthen the quality of Social Impact assessments and the capacities available to conduct across the State.
5. Project-specific Terms of Reference (ToR) and Processing Fee for the Social Impact Assessment.- (1) The Deputy Commissioner after confirmation of deposit of administration cost by the requiring body shall send the proposal for such land acquisition to Commissioner, Rehabilitation and Resettlement who shall assign it to State SIA Unit, which shall
(a) prepare a detailed project-specific terms of reference for each proposal of land acquisition, listing all the activities that must be carried out indicating the appropriate team size (and number of field teams) and profile of the team members, and stipulate the schedule and deadlines for key deliverables for the Social Impact Assessment as detailed in Part-B of Form-I;
(b) determine an estimated social impact assessment fee based on the terms of reference with clear break-up of fee for each item or activity. The fee amount shall be based on the defined parameters including area, type of project and the number of affected families.
(2) Ten per cent of the Social Impact Assessment fee shall be allocated to State Social Impact Assessment Unit as administrative expenses for preparing the Terms of Reference (ToR) and estimated Social Impact Assessment fee report.
(3) The requiring body shall deposit the Social Impact Assessment fee along with administrative expenses as determined, in the Scheduled Bank account of the State Government for the purpose.
6. Selection of the Social Impact Assessment agency. - (1) The State Social Impact Assessment Unit shall be responsible for selecting the Social Impact Assessment agency for each project from the individuals and institutions registered or empanelled in the State Database as Social Impact Assessment Resource persons and Practitioners. The services of Universities, non Governmental organizations and research institute can be obtained for the purpose. The selection of Social Impact Assessment Agency shall be done in a transparent manner.
Provided that no person shall be registered or empanelled as resource person or practitioner unless he is a holder of a masters degree either in sociology, anthropology, psychology, engineering or social work or environment science.
(2) The requiring body shall not be involved in any way in the selection of the social impact assessment agency to carry out the Social Impact Assessment.
(3) The size and selection criteria for the Social Impact Assessment agency shall be as per the project-specific terms of reference developed and specified by the State Social Impact Assessment Unit.
(4) The social impact assessment team may be constituted by appointing representatives of Government or Registered Resource persons/practitioner, University or research unit or non-Government organization with experience in conducting Social Impact Assessments or related field-based assessments and the team not exceeding five members which may include social scientists, environmentalists, industry, urban planner or rehabilitation and resettlement experts and revenue survey subjects.
(5) A team leader shall be appointed from amongst the Social Impact Assessment team to liaison with the state Social Impact Assessment Unit throughout the assessment period.
(6) While selecting the Social Impact Assessment team, it is to be ensured that there is no conflict of interest involving the team members selected to assess the concerned project. The selected Social Impact Assessment team member shall give an undertaking that he or his family member shall not receive any benefit from the requiring body or Stake holder of the project.
(7) If at any stage, it is found that any team member or any family member of the team member directly or indirectly receives any benefit from the requiring body or any other stakeholder in the project, the said member shall be immediately be removed after giving an opportunity of hearing to such member and shall be disqualified for any other Social Impact Assessment study in the state and also liable for disqualification to any other Social Impact Assessment team. He shall also be liable for prosecution for criminal breach of trust.
7. Process of conducting the Social Impact Assessment.-(1) he Social Impact Assessment team shall collect and analyze a range of quantitative and qualitative land data, undertake detailed site visits, use participatory methods such as focused group discussions, participatory rural appraisal techniques and informant interviews in preparing the Social Impact Assessment report.
(2) All relevant project reports and feasibility studies shall be made available to the Social Impact Assessment team throughout the Social Impact Assessment process, as required. Any request for information from Social Impact Assessment team shall be met at the earliest but not exceeding seven days. The Deputy Commissioner or any authorized officer shall as far as possible furnish the information requested by the Social Impact Assessment team.
(3) A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the Social Impact Assessment team. The assessment shall determine the following, namely:-
(a) total area of impact under the proposed project, including both land to be acquired and areas that will be affected by environmental, social or other impacts of the project;
(b) quantity and location of land proposed to be acquired for the project; (c) the bare minimum required land proposed for acquisition;
(d) possible alternative sites or location for the project and feasibility;
(e) whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort;
(f) Land, if any, already purchased, alienated, leased or acquired. and the intended use for each plot of land required for the project;
(g) the possibility of use of any public, unutilized 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 and the cropping pattern;
(i) Whether special provisions with respect to food security have been adhered to in the proposed land acquisition;
(j) size of holdings, ownership patterns, land distribution, number of residential houses (public and private) infrastructure available or to be provided in the proposed land and assets; and
(k) Land price and recent changes in ownership, transfer and use of lands over the last three years.
(4) Based on the land assessment, land records and field verification, the Social Impact Assessment shall also include an accurate estimate of the number of affected families and the number of displaced families among them and enumerate all affected families:
Provided that where enumeration is not possible at least a representative sample shall be done by the Social Impact Assessment Unit.
(5) A socio-economic and cultural profile of the affected area must be prepared, based on available data and statistics, field visits and consultations as per Form-II:
Provided that in projects where resettlement is required, the identified resettlement sites shall be visited and a brief socio-economic profile of the land and its current resident population shall be indicated.
(6) Based on the data collected in above processes listed and in consultation with the affected communities and key stakeholders, the Social Impact Assessment shall identify and assess the nature, extent and intensity of the positive and negative social impacts associated with the proposed project and land acquisition as per Form-II.
(7) The Social Impact Assessment process shall also include the preparation of a Social Impact Management Plan (SIMP), which will present the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment. The Social Impact Assessment team must assess the viability of impact mitigation and management strategies with clear indication of costs, timelines and capacities. The Social Impact Management Plan shall include the following measures, namely;
(a) Measures specified in the terms of Rehabilitation and Resettlement and compensation for all the categories of affected families as outlined in the Act;
(b) Measures to be undertaken by the requiring body in the project proposal and other relevant project documents; and (c) Measures being undertaken by the requiring body, in response to the findings of the Social Impact Assessment process and public hearings.
(8) The Social Impact Assessment shall 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.
8. Manner of publishing Social Impact Assessment Study Report:- Soon after completion of Social Impact Assessment Study Report and Social Impact Management Plan, Public hearings shall be held in the affected areas to bring out the main findings of the Social Impact Assessment, seeking feedback on the findings and to seek additional information and views for incorporating the same in the final documents.
(2) Public hearings shall be conducted in all Gram Sabhas where more than twenty-five per cent of the members are directly or indirectly affected by the acquisition of the land.
(3) The date and venue of the public hearing must be announced and widely publicized three weeks in advance through public notifications and posters in all the villages within a radius of five kilo meters of the land proposed to be acquired, and through direct communication with Gram Panchayat or Municipal Ward representatives and by uploading the information on the website of the District.
(4) The draft Social Impact Assessment report and Social Impact Management Plan shall be published in the local language three weeks prior to the public hearing and distributed to all affected Gram Panchayats and Municipal offices wherever applicable. One copy of the draft report shall be made available in the Office of Commissioner Rehabilitation and Resettlement, Deputy Commissioner and Administrator. The requiring body may also be served with a copy of the draft report. Adequate copies of the report and summaries shall be made available on the day of the public hearing. Accessible displays and other visual shall be used to share the findings of the Social Impact Assessment report.
(5) A member of the Social Impact Assessment team shall facilitate the public hearing which shall be organized through the local administration with the designated Government officers of appropriate level. The Gram Panchayat or Municipal Ward representatives shall also be included in all the decisions regarding the arrangements for the public hearings in their respective areas.
(6) All the proceedings shall be held in the local language with effective and credible translators to ensure that all the participants could understand and express their views.
(7) Representatives from the requiring body and designated land acquisition and Rehabilitation and Resettlement functionaries shall also attend the public hearing and address the questions and concerns raised by the affected parties.
(8) Public representatives, local voluntary Organizations and media shall also be invited to attend the public hearings.
(9) The proceedings of the public hearing shall be video recorded and transcribed accordingly. This recording and transcription shall be submitted along with the final Social Impact Assessment report and Social Impact Management Plan.
(10) After the conclusion of the public hearings, the Social Impact Assessment team shall analyze the entire feedback received and information gathered in the public meetings and incorporates the same along with their analysis, in the revised Social Impact Assessment report accordingly.
(11) Every objection raised in the public meeting shall be recorded and the Social Impact Assessment team shall ensure that the every objection shall be considered in the Social Impact Assessment report.
9. Submission of Social Impact Assessment Report and Social Impact Management Plan.- The final Social Impact Assessment Report and Social Impact Management Plan shall be prepared in the local language and shall be made available to Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the Commissioners , Rehabilitation and Resettlement, Deputy Commissioner, Administrator and the Tehsildar and shall be propagated in the form of posters circulated in the affected areas by affixing the posters in conspicuous places and shall also be uploaded on the website of the State Government.
10. Social Impact Assessment Report and Social Impact Management Plan. - The Social Impact Assessment Report and Social Impact Management Plan shall be formulated keeping in view all the relevant information and analysis in a single document and reduced to writing that is clear, concise and accessible, in particular to the members of the affected communities.
11. Appraisal of Social Impact Assessment Report by an Expert Group. - (1) The State SIA Unit shall be responsible to select the expert group duly taking the proposals from Deputy Commissioners of the districts into consideration, for making of appraisal of SIA report and SIMP. The expert group shall consist of two social scientists, two representatives of Panchayats or municipality or Corporation as the case may be, two experts on rehabilitation and a technical expert in the subject relating to the project. The experts may be drawn from Government departments, NGOs or private sector but shall not include members belonging to the requiring body. The Expert Group shall evaluate the Social Impact Assessment report and shall make its recommendation to that effect within a period of two months from the date of its receipt by the Expert Group.
(2) The recommendations of the Expert Group shall be made available in Kannada to the concerned Panchayat, Municipality or Municipal Corporation, at village level or ward level in the affected areas and in the Offices of Commissioner Rehabilitation And Resettlement, the Deputy Commissioner, Administrator and the Tahsildar and shall be published in the form of posters circulated in the affected areas and by affixing them in conspicuous places in the affected areas and shall be uploaded on the website of the District.
12. Consideration of the Social Impact Assessment report, recommendations of the Expert Group etc. - (l) The Deputy Commissioner shall examine the Social Impact Assessment report, the recommendations of the Expert Group if any, and decide such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.
(2) The decision of the Deputy Commissioner shall be made available in Kannada language to the concerned Gram Panchayat, Municipality or Corporation at village level or ward level in the affected areas and in the Offices of the Commissioner Rehabilitation and Resettlement, Deputy Commissioner, Administrator and the Tahsildar and shall be published in the form of posters circulated in the affected areas and by affixing the posters in conspicuous places and shall also be uploaded on the website of the District concerned.
Provided that where the land is sought to be acquired for the purposes as specified in sub section(2) of Section 2 of the Act, the Deputy Commissioner shall also ascertain as to whether the prior consent of the affected families has been obtained in Form no 4 appended to these rules.
13. Web-based Work Flow and Management information System (MIS) for land Acquisition and Rehabilitation and Resettlement.- The State Government shall create a dedicated, user-friendly website that may serve as a public platform on which the entire work flow of each acquisition case will be hosted, beginning with the notification of the Social Impact Assessment and tracking each step of decision-making, implementation and audit.
14. Additional Norms with regard to the Social Impact Assessment process.-Parameters and a table of contents for the Social Impact Assessment Study and the Social Impact Management plan shall be in Form-II and Form-III
15. Inventory of Waste, Barren and Unutilized Land. - To ensure minimum involuntary displacement of persons by acquisition of land and to facilitate the utilization of unutilized public lands, the State Government shall prepare a district-level inventory report of waste, barren and unutilized public land, and land available in the Government land bank to the Social Impact Assessment team and Expert group. The inventory report shall be updated from time to time.
PROCESS OF OBTAINING THE PRIOR CONSENT
16. Prior Consent Requirements of affected land owners for acquisition of lands for Public-Private Partnership projects and for Private companies. (1) The Deputy Commissioner of the concerned district shall initiate the process for obtaining prior consent of the affected land owners in Part-A of form-IV after the completion of the Social Impact Assessment study, who may appoint officers to assist him in the process of obtaining the prior consent.
(2) Upon issue of notification for commencement of Social impact assessment, the Deputy Commissioner shall take necessary steps to resolve outstanding issues related to land rights, title in the land and other revenue records in the affected areas, so that the names of land owners, occupants of the land and individuals be identified for initiating the process of obtaining the prior consent procedures. The Deputy Commissioner shall take special drive for this purpose and complete this exercise within a period of 45 days.
(3) The Deputy Commissioner, after completion of the aforesaid exercise of correcting and updating the land records, shall draw out a list of all affected land owners, occupants of the land and individuals from whom consent is required to be obtained after considering the list prepared by the Social Impact Assessment agency. The list shall be made available in the affected area, in the form of posters and handouts and by displaying the list in conspicuous places in the affected areas for at least fifteen days before holding a meeting of affected land owners or occupants of the land under sub-rule (3).
(4) In case of any objection, such objection shall be taken, and the reasons for rejection or acceptance of such objection shall be recorded in writing and conveyed to the concerned person within ten days of receipt of such objection by the Deputy Commissioner.
(5) The Deputy Commissioner shall in consultation with the Gram Panchayats, notify the date, time and venue at least three weeks in advance, for holding the affected land owners or occupants of land or individuals meetings as the case may be at the village or ward level.
(6) The proposed terms and conditions agreed to by the requiring body shall also be made available in local language at least three weeks in advance of the meeting of the affected land holders or occupants of land or individuals as the case may be.
(7) In respect of public private partnership projects and projects by private companies, the representatives of the requiring body, who are competent to take decision and negotiate terms of rehabilitation and resettlement and compensation and the members of the social impact assessment team shall be present at all such affected land owners or occupants of land or individuals meetings and reply to the clarification to the question raised by such persons. The terms and conditions, rehabilitation and resettlement, compensation and other measures committed by the requiring body shall be explained to the affected land owners or occupants of land or individuals in the local language and signatures of the affected land owners or occupants of the land concerned or individuals as the case may be, as well as the representative of requiring body shall be recorded on such terms and conditions.
(8) At the conclusion of the meeting, each individual land owner occupants of land or individuals shall be asked to indicate a signed declaration in Form-IV-Part-A whether he gives or withholds prior consent for the acquisition of land involved. A copy of this signed declaration with the terms and conditions shall be made available to the land owner or occupants of such land concerned or individuals as the case may be. The signed declaration shall be countersigned by the Deputy Commissioner on its receipt.
(9) Arrangements shall be made for those who could not attend the land owners meeting for enabling them to submit their signed declarations to the Deputy Commissioner within fifteen days from the date of meeting of land owners or occupants of land or individual as the case may be. The signed declaration form shall be counter-signed by the Deputy Commissioner on its receipt and a copy of the signed and counter signed declaration, with the terms and conditions shall be handed over to such affected land owner or occupants of land or individuals as the case may be.
(10) The prior consent shall be determined on the basis of the signed and counter signed written declarations of such affected land owners or occupants of land or individuals as the case may be.
(11) All proceedings of prior consent of affected land owners or occupants of land or individuals during the meetings under sub-rule (7) shall be recorded in video and all such proceedings must be documented in writing. No land holder can withdraw his consent once given in the above manner. The decision of the prior consent shall be made available in Gram Panchayats offices/ ward offices/municipal offices wherever applicable and on the web site of the State Government.
(12) For Public- Private Partnership projects and Private projects, where consent is required, the Social Impact Assessment team shall enumerate all the landowners.
(13) For Public projects, where consent is not required and enumeration is not possible in large irrigation projects, a representative sample to be enumerated as determined by the State Social Impact Assessment Unit.
17. Consent of the Gram Sabha.-(1) The Deputy Commissioner shall in consultation with the representatives of the Gram Sabha/Panchayats notify the date, timing and venue for holding special Gram Sabhas in the affected areas three weeks in advance and conduct public awareness campaigns to motivate members of the Gram Sabhas to participate in the Gram Sabhas.
(2) The names and signatures of all the members who attended the meeting of the Gram Sabha shall be taken and kept in the records.
(3) The quorum shall be at least fifty per cent of the total members of the Gram Sabha for considering the consent as valid:
Provided that one third of the total women members of the Gram Sabha shall also be present in the Gram Sabha meeting.
(4) Printed copies with the proposed terms and conditions for compensation, rehabilitation and resettlement shall be made available in the local language at least three weeks prior to the Gram Sabha meeting.
(5) (i) For public private partnership projects and projects by private companies, representatives of the Requiring Body, who are competent to take decision and negotiate terms of Rehabilitation and Resettlement and compensation shall be present at all such Gram Sabha meetings and respond to the queries raised by the Gram Sabha members.
(ii) The terms and conditions, Rehabilitation and Resettlement, compensation committed by the Requiring Body shall be explained to the Gram Sabha members in the local language and signatures of the members as well as the representative of Requiring Body shall be obtained on such terms and conditions.
(6) (i) After deliberations, the Gram Sabha shall pass a resolution with majority in PART-B of FORM-IV giving or withholding consent for the proposed acquisition and the resolution shall contain the negotiated terms and conditions for Rehabilitation and Resettlement, compensation, impact management and mitigation that the Requiring Body has committed and which have been signed by the Deputy Commissioner or an authorized officer and the representative of the Requiring Body.
(ii) The Gram Sabha resolution once received shall be counter signed by the Deputy Commissioner or an authorized officer and a signed copy shall be handed over to all the panchayat representatives.
(7) Any resolution that does not explicitly contain a statement of consent to the project, a statement of the negotiated terms of compensation and Rehabilitation and Resettlement shall be invalid.
(8) All the proceedings of the Gram Sabha shall be video recorded, documented in writing and shall be made available in the respective panchayat offices and uploaded on the website of the State Government.
(9) Members of the Social Impact Assessment team shall be present to assist the Gram Sabha meetings.
18. Roles and responsibilities of the Deputy Commissioner in prior consent processes:- (l) The Deputy Commissioner or an officer the authorized by State Government (hereinafter referred to as authorized officer) shall notify and publish the date, time and venue of Special Gram Sabhas, Panchayats meetings (in cases where Gram Sabha does not exist or has not been constituted) affected land owners meetings or occupants of land or individuals, as the case may be, for obtaining the prior consent and organize public awareness campaigns to encourage participation of the affected land owners in the prior consent processes and also invite the authorized representative of the Requiring body to the said meeting.
(2) The Deputy Commissioner or the authorized officer shall ensure that the following are provided at least three weeks in advance to every member from whom prior consent is sought, in the local language, namely:-
(a) a copy of the draft social impact assessment report (if readily available) in the local language;
(b) a copy of initial package offered for Compensation and Rehabilitation and Resettlement;
(c) A list of the rights currently under revenue laws, Forest Rights Act and other legislations enjoyed by the village and its residents;
(3) The Deputy Commissioner or any authorized officer shall attend the special Gram Sabhas, Panchayats (in cases where Gram Sabha does not exist or has not been constituted) land owners or occupants of land or individuals' meetings.
(4) The Deputy Commissioner or the authorized officer shall ensure that Gram Sabha/ Panchayat members or affected land owners or occupants of land or individuals expresses their willingness in writing in his presence without any fear or favour by a resolution.
19. Roles and responsibilities of the Requiring Body for consent processes of the land owners in respect of Public-Private Partnership projects and Private Companies' projects.- The requiring body shall authorize representatives competent to take decisions and negotiate terms and conditions of compensation and Rehabilitation and Resettlement, who shall be present in the meetings of Gram Sabha/Panchayat or affected land owners or occupants of land or individuals for obtaining the consent and reply to the queries raised by such members or land owners. The requiring body shall provide all the information as well as any additional information, if required on the project, prior to the taking of prior consent.
Explanation-For the purposes of this Chapter, Consent provisions will not apply in cases of acquisition in respect of Public Projects for Public Purposes.
PRELIMINARY NOTIFICATION FOR ACQUISITION
20. Notification.- (1) The Preliminary Notification issued under sub-section (1) of section 11 shall be published in the affected areas by way of affixing written notice to the effect on the Gram panchayat office and office of the village Accountant.
(2) After issuing the notice under sub-section (1) of section 11, the Deputy Commissioner shall undertake and complete the exercise of updating land records within a period of two months as specified hereunder
(a) Delete the names of dead persons
(b) Enter the names of legal heirs of the deceased persons
(c) Take effect of the registered transactions of the rights in lands
(d) Update all entries of the mortgage in the land records
(e) Make necessary entries in respect of all prevalent forest laws
(f) Make necessary entries in respect of assets like well, tree
(g) Make necessary entries of crops grown and their area
(h) Make entries in case of Government land
(i) Any other updating that is required.
(3) The authorized officer shall conduct preliminary survey of the land proposed for acquisition and shall have all powers to carry out such survey in accordance with provisions of the Act.
(4) The Deputy Commissioner or the authorized officer shall after hearing objections and making enquiry as provided under section 15(2) of the Act, shall submit his report along with his recommendations to State Government whose decision will be final.
REHABILITATION AND RESETTLEMENT SCHEME
21. Preparation of Rehabilitation and Resettlement Scheme by the Administrator:- (1) On publication of the preliminary notification under sub-section (1) of section 11 by the Deputy Commissioner, the Administrator for Rehabilitation and Resettlement shall by himself or authorize any Officer or engage the services of a consultant or agency empanelled by selection through a transparent bidding process, conduct a survey and undertake a census of the affected families in accordance with section 16 within a period of three months from the date of publication of Preliminary Notification under sub-section (1) of section 11.
(2) In the survey conducted and the census of the affected families so undertaken by the Administrator, he shall collect the data based on the Social Impact Assessment Study report as well as collect the data from the Gram panchayat and Government records and verify that data by door visit of the affected families and by paying site visits in case of an infrastructure in the affected area and prepare a draft rehabilitation and resettlement scheme.
(3) The draft Rehabilitation and Resettlement Scheme prepared by the Administrator shall be in addition to the particulars mentioned in sub-section (2) of section 16 of the Act which shall contain the following; namely:-
(7) The Deputy Commissioner while calling for the claims of the persons interested in the land to be acquired in accordance with section 21 shall also give a notice to the Requiring Body. The Requiring Body can express its opinion with the Deputy Commissioner regarding the amount of compensation of the land to be acquired including the market value of the land to be acquired.
(8) If the amount of award compensation including rehabilitation and resettlement benefits, to be paid is less than rupees five crore, then the Deputy Commissioner shall declare the award.
(9) If the amount of award compensation including rehabilitation and resettlement benefits to be paid is more than Rupees five crore but less than Rupees ten crore, the Deputy Commissioner shall declare the award with the previous approval of the Regional Commissioner of the concerned Revenue Division.
(10) If the amount of award compensation including Rehabilitation and Resettlement benefits to be paid is more than Rupees ten crore, the Deputy Commissioner shall declare the award after getting the previous approval of the State Government, through Commissioner, Rehabilitation and Resettlement.
(11) The Deputy Commissioner shall recover any excess amount paid to land owners due to correction of award, after giving due notice to all such persons and in case of any default or refusal to pay, the same may be recovered as arrears of land revenue, besides initiating penal action against the defaulter.
31. Purchases by Person other than Specified Person:-(1) The provisions of section 46 of the Act, relating to rehabilitation and resettlement shall apply in the rural areas or urban areas, in the cases where any person 'other than specified person' purchase land through private negotiations with the owners of the land;
Subject to any further revision as may be notified by the State Government
32. Limits of Acquisition of Irrigated Multi Cropped Land:-
(1) Acquisition of irrigated multi cropped land, in aggregate for all projects, shall not exceed 10% of the total irrigated multi-cropped land of the state and 5% of the total irrigated multi cropped land for each district. Further this limitation does not apply for acquisition of lands for public purpose namely linear projects and resettlement of any project displaced families. This limit of extent of land is to be revised, based on the recommendations of an expert group consisting of representatives of agriculture, farmers, industry etc, and once in every two years constituted by the State Government.
33. Rehabilitation and Resettlement Project Committee (1) The Committee constituted under Section 45 of the Act under the chairmanship of Deputy Commissioner or the authorized officer shall have its first meeting when a draft Rehabilitation and Resettlement Scheme has been prepared by the Administrator. It shall discuss the draft R&R Scheme and make necessary suggestions and recommendations and send to Commissioner, Rehabilitation and Resettlement for approval and publication. Thereafter, in subsequent meetings, the Committee shall meet and review the progress of the Rehabilitation and Resettlement once in three months until the process of resettlement is concluded.
(2) For the purpose of discussing the post- implementation of social audits, the Committee shall meet once in six months.
(3) The non-official members of the Committee shall get a travelling allowance at the rate specified, from time to time, by the State Government for the Government servants of Group –A Category.
(4) The Committee can visit the affected area and discuss with the affected families if it so desires and pay site visits to the resettlement areas to monitor the resettlement process.
34. Procedure of State Monitoring Committee:- (1) The State Monitoring Committee shall be chaired by the Chief Secretary to State Government with representation from heads of departments of all requiring bodies and experts in the field of Rehabilitation and Resettlement.
(2) The State Monitoring Committee shall have its first meeting for reviewing and monitoring the implementation of Rehabilitation and Resettlement Scheme for the Project within a month of the publication of the approved Rehabilitation and Resettlement Scheme by the Commissioner for Rehabilitation and Resettlement under section 18, and thereafter in the subsequent meetings the State Monitoring Committee meeting shall be held after six months. If the Committee desires, then it can have its meeting even before the period of six months.
(3) The allowances payable to the experts associated with the Committee shall be as those of the Commissioner for Rehabilitation and Resettlement or Secretary to Government.
35. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority and their service conditions:- (1) The State Government shall establish at least one Authority for each Revenue Division for speedy disposal of disputes relating to land acquisition, compensation, Rehabilitation and Resettlement and said Authority shall function as per the notification made by the State Government.
Provided the State Government may by notification designate the Special Courts to function as 'Land Acquisition, Rehabilitation and Resettlement Authority' within the Jurisdiction of that district.
(2) The Presiding Officer of the said Authority shall be appointed by the State Government by issuing notification in the Official Gazette.
(3) There shall be a Registrar of the rank of Tahsildar from the Revenue Department of the State and other staff including two employees of the rank of First Division Assistant, one stenographer, four Second Division Assistants, one driver and three peons to be appointed on Deputation from the different cadres of any of the State Civil Services including from the Revenue Department.
(4) The salaries and allowances of the Registrar and other officers and employees of the said Authority shall be the same as they were getting in their parent Departments. The conditions of service shall be the same as applicable to them under the Karnataka Civil Services Rules.
(5) The Presiding Officer of the said Authority shall be paid salary and other allowances as notified by the State Government.
36. Manner of recovery of Rehabilitation and Resettlement benefits availed of, by making false claim or through fraudulent means: - The Deputy Commissioner shall recover such benefits claimed falsely or through fraudulent means as arrears of land revenue.
37. Manner of returning the unutilized land:- If in the opinion of the State Government, the land acquired for public purpose under the Act and the majority of such acquired land remains unutilized for a period of more than five years from the date of taking physical possession of such land, it may direct the Deputy Commissioner to issue a notice to the requiring body and by giving reasonable and sufficient opportunity of being heard, pass necessary written orders to revert such 'unutilized land' to;
FORM – I
(See rule 3(1))
Part-A Notification of the SOCIAL IMPACT ASSESSMENT
The Notification of the Social Impact Assessment must include:
Part –B. Terms of Reference, Budget and Processing Fee for the Social Impact Assessment
(1) The State Social Impact Assessment Unit will review the proposal for land acquisition sent by the State Government and produce a project-specific Terms of Reference (ToR) and budget. Based on the Terms of Reference and budget, a processing fee will be determined, which must be deposited by the Requiring Body before the notification of the Social Impact Assessment can be issued.
(2) The Terms of Reference shall include the following information:
(3) The processing fee will be determined based on the Terms of Reference and budget developed for each specific project and will be based on the type, size, location and sensitivity of the project and the land proposed for acquisition
By order and in the name of Governor of Karnataka
Deputy Secretary to Govt.,
Date: 17 Oct 2015.
(See rule 3(3), rule (5), and (6) of rule 7 and rule 17)
Social Impact Assessment Report (See Section 2(d) of Section 109 of the Act).
A. List of socio-economic and cultural parameters to be covered by the Social Impact Assessment
(1) Demographic details of the population in the project area
(2) Poverty levels
(3) Vulnerable groups
(4) Kinship patterns and women's role in the family;
(5) Social and cultural organization;
(6) Administrative organization;
(7) Political organization; and
(8) Civil society organizations and social movements.
(9) Land use and livelihood
(10) Local economic activities;
(11) Factors that contribute to local livelihoods
(12) Quality of the living environment
B. Key impact areas.
(1) Impacts on land, livelihoods and income
(2) Impacts on physical resources
(3) Impacts on private assets, public services and utilities
(4) Health impacts
(5) Impacts on culture and social cohesion
(6) Impacts at different stages of the project cycle
The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of the project cycle. Below is an indicative list of impacts
(a) Pre-construction phase
(b) Construction phase
(c) Operation phase
(d) De-commissioning phase
(e) Direct and indirect impacts
(f) Differential impacts
(g) Cumulative impacts
C. Table of Contents for Social Impact Assessment Report and Social Impact Management Plan
Estimation of the following types of families that are
(a) Directly affected (own land that is proposed to be acquired):
(b) Indirectly impacted by the project (not affected directly by the acquisition of own lands)
(c) Inventory of productive assets and significant lands
(See rule 3(4))
Social Impact Management Plan
III SIMP Budget and Financing of mitigation plan stating costs of all Resettlement and rehabilitation costs; Annual budget and plan of action and Funding Sources with break-up.
IV SIMP Monitoring Evaluation-stating key M&E indicators
SIMP M&E – Reporting mechanisms and monitoring roles.
V Analysis of Costs and Benefits and Recommendation on Acquisition.
The above analysis will use the equity principle as a frame work of analysis for presenting a final recommendation on whether the acquisition should go through or not.
VI References and Annexure: - For reference and for the information.
PART-A. PRIOR WRITTEN CONSENT/DECLARATION FORM
(For Public-Private Partnership and Private Company Projects)
Regarding the acquisition of my land by the Government for Public-Private Partnership projects/Private companies Projects . I wish to state the following (please circle one of the below):
I have read/readout the contents of this consent form and explained to me in _____________ language and
I agree to this acquisition
I do not agree to this acquisition
Signature/Thumb impression of the affected family(s) and date:
Date and Signature of designated district official receiving the signed form
PART-B FORMAT FOR GRAM SABHA RESOLUTION
(See rule (17))
(For Public-Private Partnership projects and Private Company Projects)
(See Section 46(5) of the Act)
We, the undersigned members of the Gram sabha of _______ within ____________ Panchayats or Council of ____________________ tehsil/Taluka in ______________ district wish to state that the following certification is based on the information supplied by the administration and officials. On this basis, this Gram Sabha hereby certifies that
Date and signatures/thumb impressions of Gram Sabha members
Date and signature of designated District
Or Designated Officer on receipt of the Resolution