Orissa R

1
Orissa RR Policy-2006

• A Presentation by
• L. N. Gupta, IAS
• Commissioner-cum-Secretary to Govt. of Orissa
• Steel and Mines Department

2
Background

• 1973- Policy for Rengali Dam Project
• 1989- Policy for MCL Areas
• 1994- RR Policy of WR department (General)
• 1997- Policy for Kalinga Nagar
• 1998- Policy for Industrial Mining projects
  (General)
• 2001- Vedanta Alumina Policy
• 2001- IPR,2001
• 13 - Proect Specific Policies
• 2003- National Policy on RR
• 2005- New Kalinga Nagar policy
• Jan 2006- Kalinga Nagar Incident
• Group of Ministers(GoM) Wider consultation
• May 2006- Orissa RR Policy 2006

3
Salient features

• Intention to bring balanced development to the
  people - action to avoid undesirable consequences
• Takes into consideration the lessons of the past
  policies, best practices through several
  consultative processes
• Hallmarks of this policy
• Democratic response of Govt. in Policy
  formulation
• Flexibility
• Concise, practical and implementable approach
• Recognition of the voices and choices of the
  affected families and vulnerable groups
  indigenous communities, women, physically
  challenged

4
Key policy objectives

• To avoid displacement where possible and minimize
  it,
• exercising available options otherwise
• To facilitate resettlement/ rehabilitation
  process
• recognizing voices of the displaced communities
  especially indigenous communities and
  vulnerable sections and
• ensuring environmental sustainability through
  participatory and transparent processes and
• To help guiding the process of developing
  institutional mechanisms for implementation,
  monitoring, conflict resolution and grievance
  redressal.
• Key idea is to have a balanced
  development
• of the State and Community

5
Key definitions

• Family definition expanded
• The person and his or her spouse, minor sons and
  dependents
• A major son irrespective of his marital status.
• Unmarried daughter / sister of more than 30 years
  of age.
• Physically and mentally challenged person
  irrespective of age and sex (duly certified by
  the authorized Medical Board).
• Blind/ deaf/ orthopaedically handicapped/
  mentally challenged person suffering from gt 40
  permanent disability is to be considered as
  separate family.
• Minor orphan, who has lost both his/her parents.
• A widow or a woman divorcee.
• Cut off date the date of 4(1)
  notification under LA Act, 1894
  (verification on 1st Jan. every year)
• Periphery defined clearly now district
  boundary is the periphery

6
Survey Rehabilitation Plan

• Focus on comprehensiveness Socio-economic survey
  ordinarily within 02 months of publication of
  notice for acquisition of land. The list of
  displaced families approved by RPDAC to be widely
  displayed.
• A Committee under RDC for estimating the proper
  land requirement to avoid bias and minimize
  displacement making rehabilitation strategy
  full-proof wherever possible
• Mechanism of consultation and consent especially
  of Gram Sabhas (complying the provisions of PESA)
  
• Comprehensive communication and awareness
  creation prior to the displacement
• Open display of the list of affected in public
  places
• Provision for additional dovetailing of normal
  development programme of the Government
  with emphasis on the vulnerable sections

7
Project types

• Industrial Projects
• Mining Projects
• Irrigation Projects, National Parks
  Sanctuaries
• Urban Projects and Linear Projects like roads and
  railways, power lines and
• Any other Projects

8
Rehabilitation Assistance
9
Rehabilitation Assistance
10
Key features of compensation and award

• Providing for common infrastructure development
• Providing for the principle of negotiated
  settlement and consent award before LA process
• Providing a process for acclimatization and
  social relationship building between host and
  displaced communities

11
Key features of RR Plan

• Site for the resettlement habitat shall be
• selected by the RPDAC in consultation with
  the displaced families.
• No physical displacement shall be made before the
  
• completion of resettlement work as approved by
  the RPDAC.
• Gram Sabha shall be consulted.
• Where there is multiple displacement, additional
  compensation amounting to 50 of the normal
  compensation payable

12
Contd.

• Provisions relating to rehabilitation from the
  date of actual vacation of the land.
• Record of Rights of the land and houses allotted
  to the displaced persons
• to be handed over to them by the District
  Administration while resettling.
• Declaration of the new Resettlement habitat as a
  Revenue Village if it is not a part of an
  already existing Revenue Village.

13
Special provisions for the Tribal Groups

• While developing the resettlement plans, the
  socio-cultural norms of indigenous and primitive
  tribal groups to be respected.
• Each displaced family of indigenous category
  shall be given preferential allotment of land.
• Indigenous communities to be resettled in a
  compact area close to their natural habitat.
• Indigenous displaced families resettled outside
  the district to be given 25 higher RR benefits
  in monetary terms.

14
New concepts introduced

• Indexation of benefits to compensate for the
  escalation in replacement cost
• Consent award and Negotiated settlement
• Benefit sharing option of preferential share
  allotment for partnering growth
• Comprehensive survey, master planning and
  investment in common infrastructure development

15
Institutional Mechanism

• Project Level
• Compensation Advisory Committee (both at district
  level and a body at state level to resolve
  disputes expeditiously)
• Rehabilitation and Periphery Development Advisory
  Committees integrated
• State Level
• - State level Council on RR chaired by CM
• - Unified Directorate of RR (for single
  point facilitation)

16
Grievance Redressal

• Grievance Handling Mechanism at all levels
• Project level with RDC and Collectors
• Appeal at State level with Member Board of
  Revenue
• Council as the apex body under CM for final
  settlement of dispute
• Participation of civil society, independent
  experts in policy debate and assessment
• Independent survey
• Continuous monitoring and updation of Policy

17

• THANKS