A COMPARATIVE STATEMENT INDICATING PROVISIONS LAID DOWN IN NATIONAL P0LICY FOR RESETTLEMENT AND REHABILITATION 2003 AND ORISSA RESETTLEMENT AND REHABILITATION POLICY 2006
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PROVISIONS IN NATIONAL POLICY 2003
PROVISIONS IN R & R POLICY 2006

This Policy is applicable only where at least 500 families are displaced in plain area or at least 250 families are displaced in Hilly/Scheduled areas.

There is no such constraints in the proposed policy. The rehabilitation and resettlement package is applicable even if the numbers of displaced/affected persons are very small.

There are separate definitions for displaced families, Project affected families and only families in the Policy:
Family means Project Affected Family consisting of such persons, his or her spouse, minor sons, unmarried daughters, minor brothers, or unmarried sisters, father, mother and other members residing with him and dependent on him for their livelihood.

  Displaced family is one who is a tenure holder, tenant, Government lessee or owner of other property, who on account of acquisition of his land including plot in the abadi or other property in the affected zone for the purpose of the project, has been displaced from such land or other property.
Project affected family means a family/person whose place of residence or other properties or source of livelihood are substantially affected by the process of acquisition of land for the project and who has been residing continuously for a period of not less than three years preceding the date of declaration of the affected zone or practicing any trade, occupation or vocation continuously for a period of not less than three years in the affected zone, preceding the date of declaration of the affected zone.

Family means Project Affected Family consisting of such persons, his or her spouse, minor sons, unmarried daughters, minor brothers, or unmarried sisters, father, mother and other members residing with him and dependent on him for their livelihood.
Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits.
(i) A major son irrespective of his martial status.
(ii) Unmarried daughter/sister of more than 25 years of age.
(iii) 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 orthopedically handicapped/mentally challenged persons suffering from more than 40% disability will be considered as separate family.
(iv) Minor orphan, who has lost both his/her parents.
(v) A woman divorcee/deserted woman and widow remaining unmarried.

Affected family is a family whose place of residence, land and other properties (or source of livelihood) are substantially affected by the process of acquisition of land for any development project either in part or full and who has been residing continuously for minimum period of three years preceding the date of notification under section 4(1) of the Land Acquisition Act, 1894, or under section 7(1) of the Coal Bearing Areas Act, 1957.
The livelihood of a family would be treated as substantially affected if there is loss of more than 75% in its annual income as to be determined by the concerned RRO/LAO during the field enquiry. It is clarified that a displaced family is an affected family but an affected family need not necessarily be a displaced family.

Displaced Family is a family continuously residing in the project area for at least 03 years prior to the date of publication of notification u/s 4(1) of Land Acquisition Act, 1894 and on account of acquisition of his/her homestead land is displaced from such area or is required to be displaced.

There is no such classification in National Policy.

All Development projects in the State have been classified into three categories, viz,
(1) Industrial and Mining Projects,
(2) Irrigation Projects, National Parks and Sanctuaries; and
(3) Linear Projects like roads, railways, and Power lines.

R & R benefits for Project Affected Families include: -
1. All BPL families will get resettlement and rehabilitation benefits.
2. Free of cost house site of not more than 150 square meters in rural area and 75 square meters in urban area.
3. One time financial assistance of Rs.25, 000. Non-BPL families will not get this assistance.
4. Land for land to the maximum of one hectare of irrigated or 2 hectares of un-irrigated cultivable land.
5. Stamp duties for registration etc shall be borne by  the requisitioning authority.
6. Land allotted is free from encumbrances.
7. Financial assistance of Rs.10, 000/- per hectare for waste land development for agriculture if such land is allotted. Rs.5000 as one time assistance for agricultural production.
8. Financial assistance of Rs.3000/- for construction of cattle shed.
9. Financial assistance of Rs.5000/- for transportation cost and shifting.
10. Each Project affected Person who is rural artisan/small trader and self employed person shall get one time financial assistance of Rs.10,000 as working capital.
11. 750 days minimum agricultural wages for loss of livelihood where neither agricultural land nor employment has been provided.
12. A person who becomes marginal farmer due to acquisition shall get 500 days of wage, who becomes small farmer shall get 375 days of wage.
13. Subsistence allowance to labour class in agriculture as well as non-agriculture sector equivalent to 625 days wage.
14. Monthly subsistence allowance equivalent to 20 days wage per month for one year upto a maximum of 250 days wage.
15. When emergent provision is used in acquisition, transit accomodation and all R&R benefit is to be provided.
16. In linear acquisition PAFs will be provided with ex-gratia of Rs.10,000 in addition to other R&R benefits as available to them.
17. Training facilities to displaced/affected perons.
18. Only Pre-1980 Forest encroachers will get the R & R benefit.
19. SCs enjoying reservation benefits in affected zone shall also enjoy the same in resettlement zone.

SPECIAL PROVISIONS FOR SCHEDULED TRIBES.
20. Preference in allotment of land.
21. Additional Financial Assistance equivalent to 500 days of minimum agriculture wages for loss of customary rights/usages of forest produce.
22. They will be resettled close to their natural habitat in a compact block.
23. Tribal PAF settled outside district shall get 25% higher R&R benefits.
24. Tribal land alienated in violation of law will be void. R &R benefits shall be available only to original tribal landowner.
25. Tribals will retain their fishing rights.
26. Tribals will retain reservation benefits.

The draft R & R Policy provides for three different packages for the above three different types of Projects.
FOR INDUSTRIAL AND MINING PROJECTS PROVISIONS HAVE BEEN MADE FOR : -
1. Employment giving preference as follows for at least one nominated member of displaced family: -
(i) Displaced families losing all lands including homestead land;
(ii) Displaced families losing 2/3rd of agricultural land including homestead land;
(iii) Displaced families losing 1/3rd of agricultural land including homestead land;
(iv) Other displaced families.
Project authorities to provide skill up gradation facilities.
2. Training for Self-Employment, by providing training in vocation trade to at least one member of the displaced family.
3. One time Cash assistance as follows where no employment/self-employment is not opted by displaced family: -
(i) (i) Displaced families losing all lands including homestead land and Displaced families losing 2/3rd of agricultural land including homestead land shall get Rs.2.00 lakhs in lieu of employment/self-employment.
(ii) Displaced families losing 1/3rd of agricultural land including homestead land shall get Rs.1.00 lakh in lieu of employment/self-employment
(iii) Other displaced families will get Rs.50,000/- each in lieu of employment/self-employment.

4. Provision for Homestead land of 1/10th of an Acre to each displaced family.
5. Assistance of Rs.50,000 to each displaced family opting for self-relocation by not opting to stay at rehabilitation colonies.
6. House Building Assistance to each displaced family amounting to Rs.50,000 whether he resides in the rehabilitation colony or opts to reside outside.
7. Project authorities will construct shops and services units at feasible locations at their own cost, which will be allotted in consultation with the Collector to protect displaced families opting for self-employment. Preference shall be given in allotment to STs and SCs.

FOR WATER RESOURCES/NATIONAL PARKS AND SANCTUARY PROJECTS THE FOLLWING PROVISIONS HAVE BEEN MADE: -
1. Homestead land of 1/10th of an Acre plus cash equivalent to Rs.25, 000/- to each displaced family opting for self relocation elsewhere.
2. House construction allowance of Rs.50,000/- to each displaced family including cattle shed whether he opts to reside in rehabilitation colony or elsewhere.
3. Maintenance allowance for 12 months @ prevalent minimum wages for one person from each family from the date of physical displacement.
4. Each displaced family of ST category to be provided 2 and half acres of irrigated or 5 acres of non-irrigated agricultural land.
5. Each displaced family of all other categories will get 2 acres of irrigated or 4 acres of non-irrigated land.
6. In case of non-availability of land, Rs.30,000/- per acre for irrigated and Rs.15,000/- per acre for non-irrigated land shall be given including cost of reclamation.
7. Registration cost of the land shall be paid by the project authorities within 3 years from the date of payment of rehabilitation assistance in respect of such displaced families, who opt for cash based rehabilitation in lieu of land.
8.An allowance of Rs.1000/- per month for one year for temporary shed and transportation.
REHABILITATION FOR PROJECT AFFECTED FAMILIES OTHER THAN DISPLACED FAMILIES.
1. PAF, in case of acquisition of irrigated land shall get equal amount of irrigated agricultural land or double the amount of unirrigated agricultural land subject to a maximum of 2 Acres and 4 Acres respectively. In case of non-availability of land he shall get Rs. 50,000 per acre of irrigated land and Rs. 25,000 per acre of non-irrigated land.
2. PAF, in case of acquisition of non-irrigated agricultural land, shall get equal amount of non-irrigated agricultural land or half of the amount of irrigated agricultural land subject to a maximum of 2 acres in case of irrigated and 4 acres in case un irrigated land. In case of non-availability of land he shall get Rs. 50,000 per acre of irrigated land and Rs. 25,000 per acre of non-irrigated land.
3. An allowance of Rs.1000/- per month for one year for temporary shed and transportation.

REHABILITATION FOR LINEAR PROJECTS
E\ach displaced family will get: -
1. Homestead land @ 1/10th of an acre in rural area and 1/20th of an acre in urban area or cash equivalent of Rs.50,000/-; and
2. house construction allowance of Rs.50,000.
3. An allowance of Rs.1000/- per month for one year for temporary shed and transportation.

Only Pre-1980 Forest encroachers will get the R & R benefit.

1. No discrimination have been made for pre-1980 or post-1980 encroachers.
2. Landless encroacher family will get ex-gratia equal to compensation admissible under L.A Act, 1894 for a similar category of rayati land to the extent of land under his/her physical possession subject to a maximum of one standard acre, if the encroachment is unobjectionable.
3. Homestead less family, for unobjectionable encroachment will get ex-gratia equal to compensation for 1/10th acre of homestead land and the cost of structure on the encroached land.
4. Homestead less family, for objectionable encroachment, will get the cost of structure only.

A representative of women residing in the affected area shall be member
A representative of ST and SC in the affected area shall be a member.

No specific provision is made. It is left to local authorities to decide.

No such provision.

Rehabilitation grant will be indexed to the Wholesale Price Index (WPI) with 01.04.2006, as the reference date and will be revised by the Government once in two years thereafter on the basis of WPI.

 

Draft R & R Policy provides for the following committees: -
1. RPDAC (Rehabilitation-cum-Periphery Development Committee) at district level headed by the respective District Collectors for single district projects and headed by the RDC for multiple district projects.
2. Resettlement and Rehabilitation Committee at the State level headed by the Chief Secretary to decide policy issues.
3. Compensation Advisory Committee at the district level headed by the respective District Collectors for single district projects and headed by the RDC for multiple district projects.
The application of the draft proposal is subject to approval by the Government.