ORISSA R&R POLICY, 2006: KEY FEATURES

After several deliberations, consultations and studying policies of several other states and best practices, Groups of Ministers have recommended a balanced policy for R&R which is a significant improvement over other policies of similar nature.

DEFINITION

"Family" has been expanded for the purpose of rehabilitation assistance and now includes

1. A major son irrespective of his marital status.
2. Unmarried daughter / sister more than 30 years of age.
3.
Physically and mentally challenged person irrespective of age and sex; (duly certified by the authorized Medical Board). For this purpose, the blind! the deaf/ the orthopaedically handicapped/ mentally challenged person suffering from more than 40%permanent disability will only be considered as separate family.
4. Minor orphan, who has lost both his/her parents.
5. A widow or a woman divorcee.

"Cut off date": which was vague earlier is now specified as the date of notification under LA Act, 1894
(verification 1st January every year).
There was no clear definition of "periphery" in the earlier draft policy and now district boundary has been identified as periphery.

COMPREHENSIVE SURVEY AND BASELINE DEVELOPMENT

In addition to the prevailing practice of socio-economic survey in earlier policies, the new policy proposes a comprehensive socio-cultural, resource mapping and in(rastructural survey and those shall be conducted by an independent agency to be identified by the Government to ensure proper benchmarking.
Assessment of land requirement: A realistic assessment of land by the project will be made by a committee headed by RDC. This is a new feature of this policy that will prevent land arbitrage.
Several new features added in this policy are as follows:

Comprehensive communication plan for awareness creation
Consultation with gramsabha/panchayat for planning
Normal development programmes implemented by different agencies should be dovetailed with resettlement and rehabilitation package in resettlement habitats and made available to the displaced community on a priority basis.

LAND ACQUISITION

Options for direct negotiation for purchase and consent award before acquisition under provisions of the relevant Act.
A comprehensive action plan before acquisition specified as below:

(i) Site for the resettlement habitat shall be selected by the RPDAC in consultation with the displaced families.
(ii) No physical displacement shall be made before the completion of resettlement work as approved by the RPDAC.
(iii) Gram Sabha/panchayat shall be consulted.
(iv) Where there is multiple displacement additional compensation amounting to 50% of the normal compensation payable, in fom1 of ex-gratia.
(v) Provisions relating to rehabilitation will be given effect from the date of actual vacation of the land.
(vi) Project Authority shall abide by the provisions laid down in this Policy and the decisions taken by RPDAC
(vii) District Administration and Project Authorities shall be jointly responsible for ensuring that the benefits of R&R reach the target beneficiaries in a time bound manner.
(viii) Record of Rights of the land and houses allotted to the displaced persons should be handed over to them by the District Administration while resettling
(ix) Steps will be taken by the Project Authorities for acclimatization of the resettled people in new habitat including development of cordial social relationship between the host and resettled communities

PROJECT TYPES
A Industrial Projects;
B Mining Projects; (separated from Industrial Projects)
C Irrigation Projects, National Parks and Sanctuaries;
D Urban Projects and Linear Projects like roads and railways, power lines; (newly added) and any other projects that can be notified to make it comprehensive

REHABILITATION ASSISTANCE

 

Old Policy

New Policy

Industrial project

 

 

Employment

 

To one member of the original displaced family (DF)

Skill upgradation

Of the DF

same

House building assistance

Rs 50,000

Rs 150,000 (three fold)

One time cash assistance

Earlier maximum of 2 lakh

Increased to category (i) 5 lakh (ii) 3 lakh (iii) 2 lakh and category (iv) & (v) 1 lakh

Convertible preference share

 

At least 50% of cash assistance as share convertible share (new)

Shops and service units.

 

added to restore livelihood of DF

Mining Project

 

same as above but the employment applicable to expanded family

Irrigation, park, etc.

 

 

Homestead land

0.10 acre or cash Rs 25,000

0.10 acre or cash Rs 50,000 (doubled)

Agricultural Land

 

Cash compensation if land unavailable

SC-ST: 2.5 acres irrigated,
5 un-irrigated
Others: 2 acres and 4 acres.

Rs 50000/acre (irrigated)
Rs 25000/acre (un irrigated)

SC-ST: 2.5 acres irrigated, 5 un- irrigated
Others: 2 acres and 4 acres.

Rs 100,000/acre (irrigated) and Rs50,000/acre un irrigated (doubled)

Urban and Linear

 

 

Homestead

1/10th acre (rural)
or 1/20th of an acre (urban)
or cash eqv. Rs. 50000/-

1/10th acre (rural)
or 1/25th of an acre (urban ) or cash eqv. Rs. 50000, land near growth centre for DF.

House building

Rs. 50,000

Rs. 150,000 (tripled)

Common Assistance to all above categories
Maintenance allowance Temporary shed
Transportation allowance

Rs.1000/- month for a year Rs. 5000/- Free to new habitat 

Rs. 2000/- month for a year (doubled)
Rs. 10000/- (doubled)
Rs. 2000/-
INSTITUTIONAL ARRANGEMENT
Institutional arrangements

OLD POLICY

Compensation Advisory Committee (CAC) at Project level
[headed by COLLECTOR]

 Rehabilitation and Periphery Development Advisory Committee (RPDAC) at the District level
[headed by COLLECTOR]

 Resettlement and Rehabilitation Committee (RRC) at the State Level
[headed by CHIEF SECRETARY ]

NEW POLICY

Compensation Advisory Committee (CAC) at Project level
[headed by COLLECTOR]/[RDC if more than One district] a state level committee headed by Member Board of Revenue for dispute resolution
 
Rehabilitation and Periphery Development Advisory Committee (RPDAC) at the District level [headed by ROC / COLLECTOR]

State level Resettlement and Rehabilitation Council (SLRRC) [chaired by CHIEF MINISTER]

State Level Unified Directorate of R&R

SPECIAL PROVISIONS INTRODUCED IN THIS POLICY

Special provision for the homestead less and landless (para 9)
Additional Provisions for assistance-considering the special nature of displacement (e.g. pan baraj) (para 11)
Special provisions for the indigenous & primitive tribal groups (para 12)

(a) While developing the resettlement plans, the socio-cultural norms of indigenous and primitive tribal groups will be respected.
(b) Each displaced family of indigenous category shall be given preferential allotment of land.
(c) As far as practicable, indigenous communities should be resettled in a compact area close to their natural habitat.
(d)

Indigenous displaced families resettled outside the district shall be given 25 percent higher R&R benefits in monetary terms.

NEW AND ADVANCED CONCEPTS INTRODUCED IN THIS POLICY

Indexation of benefits to compensate for the escalations in replacement cost against the prevailing concept of depreciated value .Consent award and negotiated settlement
Benefit sharing: preferential share allotment for partnering the growth
Comprehensive survey, master planning and investment in common infrastructure development

FLEXIBILITY

For budget provisioning
Amendment when needed
Grievance redressal