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: