From Mr. Chittaranjan Behera's posting in
http://groups.yahoo.com/group/agamiorissa/message/982 
on March 30' 2006.

ORISSA POLICY ON RESETTLEMENT AND REHABILITATION FOR PROJECT AFFECTED FAMILIES
-2006
(A draft paper for consideration by the Committee of Ministers under Government
of Orissa entrusted with the task of finalising the State policy on resettlement
and rehabilitation for project affected families, by the end of August 2006)

CHAPTER – I:  PREAMBLE
1.1      Compulsory acquisition of land for public purpose including
infrastructure projects displaces people, forcing them to give up their home,
assets and means of livelihood. Apart from depriving them of their lands,
livelihoods and resource-base, displacement has other traumatic psychological
and socio-cultural consequences.  The Government of Orissa recognizes the need
to minimize large scale displacement to the extent possible and, where
displacement is inevitable, the need to handle with utmost care and forethought
issues relating to Resettlement and Rehabilitation of families and persons
displaced and affected by the Projects.  Such an approach is especially
necessary in respect of tribals, dalits, small and marginal farmers and women.

1.2      The system of extending cash compensation does not, by itself, in most
cases, enable the displaced and affected families to obtain cultivable
agricultural land, homestead and other resources which they have to surrender to
the State. The difficulties are more acute for persons who are critically
dependent on the acquired assets for their subsistence/ livelihoods, such as
landless agricultural workers, forest dwellers, tenants and artisans, as their
distress and destitution is more severe, and, yet they are not eligible for cash
compensation.

1.3     The Policy essentially addresses the need to provide succour to the
assetless rural poor, support the rehabilitation efforts of the resource poor
sections, namely, small and marginal farmers, SCs/STs and women who have been
displaced. Besides, it seeks to provide a broad canvas for an effective dialogue
between the Project Affected Families and the Administration for Resettlement &
Rehabilitation. Such a dialogue is expected to enable timely completion of
projects with a sense of definiteness as regards costs and adequate attention to
the needs of the displaced persons especially the resource poor sections.  The
intention is to impart greater flexibility for interaction and negotiation so
that the resultant Package gains all-round acceptability in the shape of a
workable instrument providing satisfaction to all stakeholders/ Requiring
Bodies.

1.4     The Orissa Policy on the Resettlement and Rehabilitation of Project
Affected Families is meant for the guidance of all concerned and applicable to
all kinds of Projects entailing displacement of families en masse in areas that
include hilly terrains, and areas mentioned in Schedule V of the Constitution of
India. It is expected that the all the concerned executive authorities shall
implement this Policy in letter and spirit in order to ensure that the benefits
envisaged under the Policy reach the Project affected families, especially
resource poor sections including SCs/STs.

Chapter II: Background

2.1      Beginning with the Policy for Resettlement of families displaced by the
Rengali dam project, which was formulated as far back as 1973, the Government of
Orissa have since then announced several such policies at different points of
time in the context of different specific projects, culminating in the
‘Guidelines regulating rehabilitation and resettlement of families/persons
displaced/affected due to acquisition of land for Kalinga Nagar Integrated
Industrial Complex at Duburi in the district of Jajpur’ dated 8th of November
2005. However all these policies being of sectoral nature, there stood the
imperative need of giving shape to a comprehensive State level policy that could
address to the concerns and issues of resettlement and rehabilitation common to
all kinds of projects involving involuntary displacement.  The Industrial Policy
Resolution of 2001 had therefore inter alia underlined the need for adoption of
a Resettlement and Rehabilitation Policy, uniformly applicable to all the
projects in the State.

2.2     In view of this, on the request of the Revenue Department, the UNDP in
collaboration with DFID formulated in 2005 a Draft Policy on Resettlement and
Rehabilitation of Project affected persons, which is applicable for the whole
State. While the said draft was being kept under the active scrutiny of the
Government, the unfortunate Kalinga Nagar episode took place on the 2nd of
January 2006 centring round the accumulated discontentment of the displaced
people. This  single incident apart from instantly claiming 13 lives on the spot
and leaving several others injured and maimed for the whole life, sparked off in
its aftermath a chain reaction in the shape of public outbursts throughout the
State against the alleged injustice meted out to the displacees of various
projects, even including those which were wound up as far as 5 decades back. The
mainstream public opinion as voiced In course of the said happenings, has
indicated inter alia the need for a paradigmatic shift, that ought to be
reflected in any resettlement and rehabilitation policy worth the name, from the
post facto compensation and relocation to an an all-round resettlement and
rehabilitation of the displacees and affectees of a project, to be ensured prior
to the eviction. While the draft policy proposed by UNDP-DFID had modeled itself
within the parameters of the time-worn Land Acquisition Act 1894 and its Orissa
adaptations and amendments, the post-Kalinga Nagar scenario of public opinion
has brought to the fore the urgency of transcending the limitations inherent in
the existing legal-administrative framework so as to do full justice to the
people subject to eviction and involuntary displacement as induced by a project.

2.3     The present document has been formulated in response to and in
recognition of the people’s expectations and aspirations as reflected in course
of the recent march of events in the aftermath of Kalinga Nagar episode.

CHAPTER – III:  OBJECTIVES

3.1 The objectives of the Policy are as follows:
(a)     To minimize displacement and to identify non-displacing or
least-displacing alternatives;
(b)     To plan the resettlement and rehabilitation of Project Affected
Families, (PAFs) including special needs of Tribals and vulnerable sections;
(c)     To provide better standard of living to PAFs, than the one they were
enjoying prior to displacement;
(d)     To facilitate harmonious relationship between the Land Requiring Body
and PAFs through mutual cooperation.
(e)    To ensure full transparency and justice in the processes of displacement
and land acquisition.

CHAPTER – IV : GUIDING PRINCIPLES

4.1 Displacement, as a rule, should not be forced, and people should be assured
that it is their legal entitlement that, despite inevitable losses, they are on
the whole going to be better off.

4.2. Forced displacement of people should only be permitted in the ‘rarest of
rare’ cases, and only after its justification has been established by
independent and credible evaluation that the displacing project has the sorts of
social benefits that indisputably make it desirable

4.3. Even then, it must be ensured that the number of people displaced is the
minimum required, and that no less displacing or non-displacing alternatives are
possible. The burden of proof is on the requiring authority to establish that
the proposed project is the best among available alternatives to achieve the
given objectives, with minimum displacement.

4.4. Each development project (involving transfer or change in land use leading
to displacement) must be first subjected to a holistic appraisal as to its
desirability and justifiability. The public, and particularly the people likely
to be affected, must be given the due opportunities of information and hearings,
and allowed to examine all aspects of the project, including the ‘public
purpose’, and also the possibilities of achieving the same objectives through
non-displacing or less displacing alternatives. The process of such ‘social
appraisal’ of development projects will be legally binding before any new
development project is taken up.

4.5. Suitable legislation should come up in place of the existing laws and
regulations handed down since colonial times, to enable the people to challenge
the claim of ‘public interest’ mooted behind any act acquisition or eviction.
For this to be possible in an informed manner, the provision of the right to
information must be incorporated into the legal-administrative processes at each
stage. Specifically, the detailed cost benefit analysis, and proposed
rehabilitation package should be spelled out preceding the stage of the
notification for acquisition itself, and people should have the right to
interrogate the claim so made.

4.6. It shall be a compulsory obligation on the part of the project planning and
implementation authorities to involve and consult the representatives of the
affected communities in all phases of planning, execution and monitoring of the
RR Plan. The entire decision-making process regarding RR Plans must be
completely transparent. The comprehensive draft plans for resettlement must be
made public. It must be proactively brought to the notice and explained to the
people likely to be affected, through such channels like the local language
media, local exhibitions and local meetings, etc. It is important that the
government and the project authority are under an obligation to take the
information to the doorstep of the affected population so as to enable even
non-literate persons in the most distant area to acquire full knowledge of the
plan for their resettlement. It is mandatory and enforceable that the
project-affected people must be given the right to participate at this very
stage so that they can bring their full weight to bear on the design or content
of the plan.

4.7. While determining compensation, replacement value at the operative market
rates, not at the officially recorded rate, must invariably be the basic
principle. In no case, paying of depreciated value for one’s land or homestead
lost should be allowed. The compensation should be adequate enough to provide an
alternate life-style of the same quality.

4.8  Since the value of the land acquired in connection with a project gets
suddenly escalated due to the project itself, it is but natural that the owner
of the land should be compensated for the loss of the said land at a rate
several times the cost of the prevailing market value. Such a provision should
be included in specific terms under the new law proposed to be introduced to
give an operational shape to this Policy.

4.9. Also, not only should lost property and assets be compensated for, but lost
livelihoods and lost opportunities should also be compensated for. Communities
must be adequately and appropriately compensated for common property resources
lost because of the project.

4.10. However, it is not enough to just pay cash compensation, various other
principles must be followed to ensure that social costs are minimised. For one,
payment of large sums of cash might not be in the best interests of those PAPs
who are unused to handling large amounts of money.

4.11. The principle of ‘land for land’ must be followed scrupulously and each
PAP who loses land must be given land equivalent in productivity to the land
lost. The project authorities must also construct appropriate replacement
housing for the PAPs, of designs and locations that are approved by the PAPs
within the allocated resources. However, in cases where the PAPs would prefer to
construct their own houses, like among some tribal communities, they must be
given the freedom to do so.

4.12. The process of selecting rehabilitation sites and lands must involve the
PAPs and their preferences must be mandatory for the final selection.

4.13.  The alternative patches of agricultural land, to be provided to the
displaced families, must be contiguous in location, as far as possible, and
communities invariably kept together, after displacement, so that their social
and cultural identities and bonds are safeguarded.

4.14. Wherever the people are not willing to shift, it must be assumed that the
fault is either in the package being offered or in the progress of its
implementation.

4.15. The time frame for the displacement process should be sensitively
determined and people given enough time to adjust to their new locations and
ocupations. It should be a mandatory practice to allot alternate agicultural
land and house sites to the PAPs at least two years before they are to be
displaced, so that they can get used to the new land and house even while they
continue to live in their original homes. In any case, all compensation must be
paid at least two years before a person is displaced.

4.16. Whereas it must be ensured that PAPs are not forced to change their
occupations and professions, there must, of course, be the flexibility to allow
individual PAPs to choose from among other viable alternatives. Some might not
like to go back to the land and might prefer to pursue other professions. They
must be helped to do so.

4.17. The PAPs must also have a first right to get employment in the project.
The need for trained and experienced personnel should not be a constraint as
training should be organised for interested PAPs even before the project is
commissioned. In fact, the availability of sufficient number of trained PAPs
should be a precondition to the commissioning  of a project.

4.18. The PAPs must also have the first right to specific benefits arising out
of projects. Apart from livelihood opportunities, they must, for example, have
the first right on irrigation waters from irrigation projects and to power from
hydro-electric projects, and to both in multi-purpose projects.

4.19. Rehabilitation packages and processes must be gender sensitive. Land and
other assets should be provided in the joint names of both spouses.
Consultations with the PAPs must also be done keeping in mind the need to
consult both men and women, the aged and the young, and members of all castes
and communities.

4.20. The special needs of particularly vulnerable communities, like isolated
tribal groups, dalits, persons with disabilities or other marginalised groups,
must be taken care of.

4.21. The compounded plight of those who have been affected by earlier projects
must be recognised and they must be properly rehabilitated and compensated on a
priority basis before any further dislocation and displacement is effected in a
particular area.

4.22. The provisions of an enlightened rehabilitation and compensation policy
must have the legal backing so that not only the concerned agencies of the
government but affected and interested citizens can ensure enforcement and make
legal intervention, as and when need be.

4.23. It is to be ensured that the resettlement site and the resource-base is
large enough to accommodate the natural growth in population, over a minimum
time perspective of 100 years, and to generate income to provide for a
progressive rise in standards of living.

4.24. For smooth and effective resettlement, the principle of geographical
continuity, cultural homogeneity and ready adaptability must be accepted in
choosing and planning resettlement units and sites, especially while resettling
tribal and dalit communities.

CHAPTER -  V : LEGAL REFORM

5.1. The Land Acquisition Act 1894 which has remained ever since its enactment
during the British rule, the overarching law governing the acquisition of all
sorts of land private or Government ‘for the public purpose’ or ‘for companies’
was essentially intended to vest absolute powers to acquire land albeit in lieu
of the monetary compensation, as and when the Government at Centre or in a State
liked to. Though the Act provided for members of the public to get notified
about the land to be so acquired and then heard about their objections if any,
it was the discretion of the Government that ultimately prevailed in the matter.
The Orissa adaptations and amendments to the said Act, which were effected even
in the post-independence period, such as ‘The Land Acquisition (Orissa
Amendment) Act 1948 or ‘The Land Acquisition (Orissa Amendment and Validation)
Act 1959 far from changing the intent of the original Act did rather reinforce
the principle of the prerogative of the State in displacing the people from
their hearth and home in the name of this or that developmental project, which
in official parlance came to be equated with ‘public purpose’. Ironically
enough, the ‘public purpose’ was deemed to be implicit in any project proposed
by the State, irrespective of what the members of the public thought about it.
With time passing on, the absurdity of the anachronistic principle of ‘public
purpose’, which was quite often couched under the elusive concept of ‘eminent
domain’, and its utter incompatibility with the norms of a democratic polity,
were more and more glaringly revealed calling for appropriate reform of the
entire legal-administrative regime built up over time around the Land
Acquisition Act and its ancillaries. The agenda for such reform have gradually
but steadily made its headway into Orissa’s public discourse, just like in other
parts of the country, due to the ever growing realization that many a
developmental project executed in the name of ‘public purpose’ neither benefited
the people who were its ‘declared beneficiaries’, nor the people who were its
‘forced displacees’.

5.2. An imperative need therefore exists to replace the existing Land
Acquisition Act 1894 along with its Orissa adaptations and amendments, by a
comprehensive law called ‘Orissa Resettlement and Rehabilitation (of
Project-affected Persons) Act’, which shall simultaneously address to both the
requirements of a democratic and developing society, such as:

i) An appropriate modus operandi, as befitting a democratic polity, for
acquisition of land private or public by the State, to serve the ‘public
purpose’ in genuine sense of the term; and
ii) An appropriate modus operandi, as required under a democratic polity, for
all-round resettlement and rehabilitation of the persons and families
displaced/affected due to the acquisition of land by the State for the ‘public
purpose’.

5.2. The above said Act should provide inter alia for the following matters:
i) Redefining ‘public purpose’ as ‘public good’ which must include welfare of
the affected people,
ii) While prescribing the minimum legal entitlements of PAPs, the proposed law
would override all laws, policies and administrative instructions that give
lesser entitlements than those prescribed under this law.
iii) The law should strictly apply only to involuntary acquisition by the state
for public purposes, and not for private industry. However, the entitlements of
R & R created under the law would be binding on all private parties that acquire
land through non-coercive means, and the duty to enforce the provision of these
entitlements vests with the state.
iv) The language of the law should be clear and unambiguous so as to make the
entitlements transparent and accessible to PAPs.
v) All the relevant information concerning a project that involves involuntary
displacement should be proactively shared with PAPs through a prescribed process
and clear accountability including PRIs.
vi) PAPs should have the legal right to challenge the ‘public purpose’ and other
notifications. The detailed rehabilitation plan under the provisions of this Act
should be spelt out, the community informed and objections invited before any
decisions are made about the project. A rehabilitation clearance by the
prescribed authority would be mandatory before acquisition proceedings are set
in motion.
vii) For projects that do not have rehabilitation clearance, it should be
illegal to extend institutional finance.
viii) Compensation should be for loss of livelihood, loss of shelter, loss of
habitat, loss of cultural resources, loss of access to natural resources, and
loss of access to basic amenities, as derived from various common property
resources.
ix) Compensation should be predominantly non-monetary and based on the informed
choices of the PAPs.
xi) Institutional mechanisms for oversight, monitoring and grievance redressal
are to be prescribed in the law.
xii) Individual contracts are to be signed (with possibly a bank guarantee)
between the acquiring authority and each PAP, listing all their entitlements.
This should be available as a public document.
xiii) Informed individual or community consent can be withdrawn in case of
infringement of contract obligations by the authority.
xiv) The law must create personal duties and liabilities for public servants.
Failure to fulfill these duties should invite personal penalties for these
public servants. In addition, if the failures relate to persons belong to
scheduled castes or tribes, the provisions of the Atrocities Act should
automatically apply.
xv) No state action for compulsory acquisition should contravene constitutional
protection for STs under Schedules V of the Constitution and laws preventing
tribal land alienation.
xvi) No land shall be acquired under the Act unless the process of land
acquisition is preceded by rehabilitation of affected people.
xvii) 'Affected people' are to be defined as ‘those who are either displaced or
who substantially lose their assets or income’, and 'Rehabilitation' is defined
as ‘having been achieved when the income of the affected people has been brought
above the poverty line and above their previous income, along with an
improvement in their access to all social benefits, in accordance with their
aspirations.
xviii) The restricted definition of ‘persons having interest in land’ as found
in the Sec 9 of the LA Act should be widened to include sharecroppers, tenants
and sub-tenants, encroachers, and attached agricultural workers.
xix) The ‘emergency clause’, which gives the Collector extraordinary powers
under LA Act to acquire land must be withdrawn.
xx) There should be no physical displacement unless full compensation has been
disbursed, complete RR package has been fully implemented, and the
rehabilitation site completed in all respects.
xxi) The principle of market value as laid down in Section 23 (1) of the LA Act
should be substituted by the replacement value, which is inclusive of value of
both land and other habitat entitlements.
xxii) While determining compensation, replacement value at the operative market
rates must invariably be the basic principle. This must be at the market rates
that actually operate, and at the time of purchase, and not just those that are
officially recorded. The rates must also be set by consulting with the Gram
Sabha (in rural areas) and Ward Sabhas (urban areas).
xxiii) Principle of land for land for tribals in all projects and for all
agricultural families in the irrigation projects should be incorporated in the
Act itself.
xxiv) The value of solatium shall be increased from the present value of 30% to
100% of the compensation.
xxv) There should be a provision in law that projects should be able to take
land on lease from the farmers by paying an annual lease rent of twice the gross
annual produce. This will obviate the need for land acquisition.
xxvi) Consultation with the gram sabha/panchayat should be mandatory both for
scheduled and non-scheduled areas.
xxvii) In addition to publicity through newspapers, etc., individual registered
notices will be served to all the affected population.
xxviii) It must be ensured that no individual family is displaced more than
once, within 2 decades, on account of any developmental project or acquisition
of land for public purpose. In case such displacement is absolutely necessary,
the entitlement of benefits under all packages shall be doubled.

5.3. Those laws which are usually taken recourse to by the project authorities
in course of implementation of the L.A. Act 1894, such as Orissa Prevention of
Land Encroachment Act 1972, just to dispute the legitimate entitlements due to a
displaced or affected person, should be reviewed with a view to bring them in
correspondence with the letter and spirit of the new, proposed law on land
acquisition and resettlement and rehabilitation.

CHAPTER VI: STATE REHABILITATION COMMISSION

6.1. There shall be set up, through an Act of Orissa Legislative Assembly, a
State Rehabilitation Commission, consisting of a Chairman and such number of
members as may be prescribed, to be selected from among the persons having
eminence in the fields of law, governance, science and technology, education,
professions and social service. This State Commission must have the statutory
responsibility of assessing all projects (and activities, initiatives) that
would displace people. It shall have power to give statutory clearance to any
project involving involuntary displacement, similar to the statutory clearances
being given from the environmental angle under the Environment (Protection) Act
of 1986.

6.2. Such a clearance will only be given when the Commission is satisfied that
displacement of people is unavoidable for the proposed project (or activity);
that the project, nevertheless, involves the minimum possible displacement; that
despite the displacement involved, the project is viable; and that the process
of rehabilitation and compensation is in keeping with the priorities of this
policy.

6.3. The Commission would reject a project if it does not qualify on these or
other relevant grounds, or it could give conditional clearance, where the
project is cleared subject to certain conditions to be complied with within a
deadline. The obtaining of such a clearance from the Commission must be made
obligatory under law.

6.4. The Commission would also have the statutory authority to monitor projects
to ensure that the undertakings and conditions of clearance are complied with.
The Commission shall have both the legal authority and the legal obligation to
suspend or revoke the clearance of any project that does not comply with the
undertakings and conditions implicit in the clearance, or if the displacement
and/or rehabilitation process was found unsatisfactory or in violation of this
policy.

6.5. In any case, any clearance given by the Commission would be valid only for
one year, or for any period shorter than one year that the Commission might
specify, and the requiring agency would have to seek the renewal of clearance
prior to its validity period running out, on the grounds shown that they have
not been in violation of the conditions of clearance or of any other
undertakings and conditions of the relevant policies. The process of renewal
must involve public hearings where the affected parties are given an opportunity
of deposing, in a manner to be specified by the Commission, about the nature of
displacement and rehabilitation.

6.6. The Commission would also have the power to impose sanctions on the
requiring agency for lapses in the process of displacement and rehabilitation,
including the imposition of monetary fines. The Commission can, if in their
opinion the requiring agency or their designated agents are unfit to take up or
complete the process of displacement and/or rehabilitation, nominate another
agency of their choice to take up/complete the work at the cost of the requiring
agency.

6.7. The Commission is to act as the final appellate authority for disposal of
all complaints and appeals on the resettlement and rehabilitation matters in the
State of Orissa. It shall have penal powers to hold a defaulter public servant
subject to both civil and criminal liabilities. The details of the appellate
mechanism and penalty provisions shall be worked out and announced by the
Commission from time to time.

6.8. The Chief and other members of the Commission shall be chosen by a panel
consisting of the Chief Minister, Opposition Leader of the Orissa Legislative
Assembly and Chief Justice of Orissa High Court, and the tenure of each Member
of the Commission shall be 5 years from the date of joining the office or until
he/she completes the age of 65 years, or whichever is earlier.

6.9. The Commission shall function independently, without being subject to the
instructions from any other agency of the State, and no appeal shall lie against
the order of the Commission before any court of law. The status of the
Rehabilitation Commission shall be like that of the State Information
Commission.

6.10. The Government of Orissa shall make adequate budgetary provision for the
smooth functioning of the State Information Commission.

CHAPTER VII: DEFINITIONS

7.1     The Definition of various terms used in this Policy Document are as
follows:

(a)  “Administrator for Resettlement and Rehabilitation” means an officer not
below the rank of District Collector of the State Government appointed as per
the  Resolution of the concerned Zilla Parishad, for the purpose of resettlement
and rehabilitation of the Project Affected Families of the Project concerned,
provided that if the appropriate Government in respect of the project is the
Central Government, such appointment shall be made as per the Resolution of the
Zilla Parishad in consultation with both Central Govt. and State Government.

(b)  “affected zone”, in relation to a project, means area of villages or
locality covered by a project for which the land is required to be acquired
and/or an area that comes under submergence due to impounding of water in the
reservoir of the project or adversely impacted otherwise, such as in terms of
the quality and chemical composition of natural resources like water, air,
vegetation and wildlife.

(c) “agricultural family” means a family whose primary mode of livelihood is
agriculture and includes family of owners as well as sub-tenants of agricultural
land, agricultural labourers, occupiers of forest lands and of collectors of
minor forest produce;

(d) “agricultural labourer” means a person who has normally resided in the area
prior to its declaration as the affected zone, who does not hold any cultivable
land in the affected zone or holds such a small patch of land which doesn’t
sustain him, and who earns his livelihood principally by manual labour on
agricultural land belonging to others.

(e) “agricultural land” includes lands used or capable of being used for the
purpose of-
(i)  agriculture or horticulture;
(ii) dairy farming, poultry farming, pisciculture, breeding or livestock and
nursery growing medical herbs;
(iii)  raising of crops, grass or garden produce; and
(iv)  land used by an agriculturist for the grazing of cattle, but does not
include land used for the cutting of wood only;

(f)  “appropriate Government” means,-

(i)     in relation to acquisition of land for the purposes of the Union, the
Central Government;
(ii) in relation to  a project which is executed by Central Government
agency/Central Government undertaking or by any other agency on the
orders/directions of Central Government, the Central Government, otherwise the
State Government and
(iii) in relation to acquisition of land for other purposes, the State
Government.

(g)  “Displaced family” means any 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;

(h)     “family” means Project Affected Family consisting of such persons, his
or her spouse, minor sons, unmarried daughters, minor brothers or unmarried
sisters below 30 years of age, father, mother and other members residing with
him and dependent on him for their livelihood.

(i)  “holding” means the total land held by a person as an occupant or tenant or
as both;

(j) “non-agricultural labourer” means a person who is not an agricultural
labourer but is normally residing in an area prior to its declaration as the
affected zone and who does not hold any land under the affected zone but who
earns his livelihood principally by manual labour or as a rural artisan
immediately before such declaration and who is likely to be deprived of his
livelihood principally due to such declaration;

(k)  “notification” means a notification published in the Official Gazette;

(l)  “project” means a project displacing a number of families en masse in plain
areas, hilly areas, DDP blocks, areas mentioned in Schedule V and Schedule VI 
of the Constitution of India as a result of acquisition of land for the purpose
of the project;

(m) “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 and/or
practicing any trade, occupation or vocation in the area preceding the date of
declaration of the affected zone;

(n) “Resettlement zone”, in relation to a project, means the declaration of any
area by the appropriate Government acquired or proposed to be acquired for
resettlement and rehabilitation of Project Affected Families ;

(o) “Requiring Body” shall mean any company, a body corporate, an institution,
or any other organization for whom land is to be acquired by the appropriate
Government, and includes the appropriate Government if the acquisition of land
is for such Government either for its own use or for subsequent allotment of
such land in public interest to a body corporate, institution, or any other
organization or to any company under lease, license or through any other system
of transfer of land to such agency, as the case may be.;

CHAPTER - VIII: APPOINTMENT OF ADMINISTRATOR AND COMMISSIONER FOR RESETTLEMENT
AND REHABILITATION AND THEIR POWERS AND FUNCTIONS

8.1      Where the appropriate Government is satisfied that acquisition of land
for any project involves displacement of families en masse in plain areas, hilly
areas, DDP blocks, areas mentioned in Schedule V and Schedule VI  of the
Constitution of India as a result of acquisition of land for any project, it
shall, by notification, appoint in respect of that project, an officer not below
the rank of District Collector of the State Government to be the Administrator
for R&R in respect of that project, as per the recommendation of the concerned
Zilla Parishad;

Provided that if the appropriate Government in respect of the project is the
Central Government, such appointment shall be made in consultation with the
Central Government.

8.2     The appropriate Government shall, by notification appoint a State
Commissioner for Resettlement and Rehabilitation to supervise and coordinate the
functions of the Administrators for R and R working at sub-district, district or
inter-district levels;
Provided that such officer shall not be below the rank of Principal Secretary of
a Department of the State Government;
Provided further that the name of the officer recommended by the State
Government for the purpose of the said appointment receives the concurrence of
the Speaker of the Orissa Legislative Assembly.

8.3     The Commissioner and Administrators for Resettlement & Rehabilitation
shall be assisted by such officers and employees as the appropriate Government
may provide.

8.4.      Subject to the superintendence, directions and control of the
appropriate Government, the Commissioner and Administrators for Resettlement &
Rehabilitation shall take all measures for the rehabilitation and resettlement
of all project affected families(PAF) in respect of the concerned project, and
they shall remain accountable for every case of non-compliance to the principles
of resettlement and rehabilitation as enunciated in this Policy.

8.5.      Subject to clearance of a project and monitoring by the State
Rehabilitation Commission, the overall control and superintendence of the
formulation of resettlement and rehabilitation plan and execution of the same
shall vest in the Commissioner and concerned Administrators for Resettlement &
Rehabilitation.

8.6       Subject to any general or special order of the appropriate Government
and/or State Rehabilitation Commission, the Commissioner and Administrators for
Resettlement & Rehabilitation shall perform the following functions/duties:-

(i) minimize displacement of persons and identify non-displacing or least
displacing alternatives in consultation with the requiring body ;
(ii) hold consultation with the project affected families while preparing a
resettlement and rehabilitation scheme/ plan;
(iii) ensure that interest of the adversely project affected families belonging
to Scheduled Castes, Scheduled Tribes, minorities and weaker sections are
protected;
(iv) prepare a draft plan/scheme of resettlement and rehabilitation as required
under this Policy;
(v)  prepare a budget including estimated expenditure of various components of
acquisition of land, resettlement and rehabilitation activities or programmes in
consultation with representatives of the project affected families, respective
Panchayat bodies and requiring body  for whom the land is acquired;
(vi) acquire adequate land for  the project and also for settling the project
affected families;
(vii)  allot land and sanction benefits to project affected families;
(viii) perform such other functions as the appropriate Government and/or State
Rehabilitation Commission may, from time to time, by order in writing, assign.

8.7      Administrator for Resettlement & Rehabilitation may, by order in
writing, delegate such of the administrative powers conferred and duties imposed
on him by or under this Policy to any officer not below the rank of Tehsildar or
equivalent.

8.8     For the purposes of this Policy, the Administrators for Resettlement &
Rehabilitation and other officers and employees appointed for the purposes of
resettlement and rehabilitation of PAF shall be subordinate to the State
Commissioner for Resettlement and Rehabilitation.

8.9     The Commissioner shall be responsible for supervising the formulation of
resettlement and rehabilitation plans/schemes, proper implementation of such
plans/schemes and redressal of grievances arising in course thereof.

CHAPTER –IX: SCHEMES/PLANS FOR RESETTLEMENT AND REHABILITATION:

9.1     The procedure mentioned in this Chapter shall be followed for
declaration of Affected Zone, carrying out survey and census of Project Affected
Families, Assessment of Government land available and land to be acquired for
the purpose of Resettlement and Rehabilitation, preparation of draft scheme/
plan for R&R and its final publication.

9.2       The appropriate Government may, if it is of the opinion that
acquisition of land for a project is likely to displace families en masse in
plain areas, in hilly areas, DDP blocks or in areas mentioned in Schedule V and
Schedule VI of the Constitution of India declare, by notification in the
Official Gazette, area of villages or localities as a projected-affected zone
and thereupon the contents of this Policy shall apply to the project involved.

9.3      Every declaration so made shall be published in at least two daily
newspapers, one of which should be in the local vernacular having circulation in
villages or areas which are likely to be affected and also by affixing a copy of
the notification on the Notice Board of the concerned Gram Panchayats and other
prominent place or places in the affected zone.

9.4     Once the declaration is so made, the Administrator for Resettlement and
Rehabilitation shall make all necessary arrangements for undertaking a survey
for identification of the persons and their families likely to be affected by
the project.

9.5     The survey of the project affected families of all categories shall be
undertaken and completed by the functionaries of Gram Panchayats at their
respective levels, in technical collaboration with the Administrator for
Resettlement and Rehabilitation as and where necessary;

9.6     Every survey shall contain inter alia the following village-wise
information of the project affected families:-

(i) members of families who are permanently residing, practicing any trade,
occupation or vocation in the project affected area;

(ii) Project Affected Families who are likely to lose their house, agricultural
land, employment or are alienated wholly or substantially from the main source
of their trade occupation or vocation.

(iii) Agricultural labourers and non-agriculture labourers.

(iv) Project Affected Families who are having possession of forest lands prior
to 25th October, 1980, that is prior to the commencement of the Forest
(Conservation) Act, 1980.

(v) Any other matter which in the opinion of the GP functionaries is worth
surveying from the point of view of resettlement and rehabilitation of the
project affected families.

9.7     Every survey so undertaken shall be completed within a period of ninety
days from the date of declaration of an area as a project affected zone.

9.8      On the expiry of the period of ninety days as aforesaid, the
Administrator for Resettlement and Rehabilitation shall, by notification, and
also in such other manner so as to reach all persons likely to be affected,
publish a draft of the details of the findings of the survey conducted by him
for inviting objections and suggestions from all persons likely to be affected
thereby.

9.9      On the expiry of thirty days from the date of publication of the draft
of the details of survey and after considering the objections and suggestions
received by him in this behalf, the Administrator for Resettlement and
Rehabilitation shall submit the final details of survey with his recommendations
to the concerned Zilla Parishad for latter’s approval, and the Zilla Parishad
may give its approval to or suggest modifications in the survey report, within
30 days of the receipt of the report from the Administrator.

9.10      Within forty-five days from the date of receipt of the recommendations
of the Administrator for Resettlement & Rehabilitation as approved by the
concerned Zilla Parishad, the State Government shall publish the final details
of survey in the Official Gazette.

9.11     The Administrator for Resettlement & Rehabilitation shall ensure that
the Project Affected Families may be settled preferably in group or groups and
such sites should form a part of existing gram panchayat as far as possible.
However, it has to be ensured that the PAFs may be resettled with the host
community on the basis of equality and mutual understanding, consistent with the
desire of each group to preserve its own identity and culture.

9.12  For the purposes of para 9.11 above, the Administrator for Resettlement &
Rehabilitation shall draw up a list of lands which may be available in any
existing Gram Panchayat for resettlement and rehabilitation of project affected
families.

9.13    The lands drawn up under para 9.12 above shall consist of :-

(a) Government waste lands and any other land vesting in the Government
available for allotment to project affected families.

(b)  If sufficient Government land is not available there, then land to be
acquired for the purposes of resettlement and rehabilitation scheme/plan.
However, the Administrator for R&R should ensue that such acquisition of land
should not lead to another list of affected families.

9.14     The appropriate Government shall, by notification, declare any area
acquired or proposed to be acquired for resettlement and rehabilitation of
project affected families, as a resettlement zone.

9.15 The Administrator for R&R, on behalf of the appropriate government, may
either acquire keeping in view the contents of Para 9.13(b) above any land or
purchase land from any person through consent award and may enter into an
agreement for this purpose.

9.16     After completion of base line survey and census of Project Affected
Families and assessment of requirement of land for resettlement as mentioned
above, the Administrator for R&R shall prepare a draft scheme/plan for the
Resettlement & Rehabilitation of the Project Affected Families in consultation
with representatives of Project Affected Families including women, and
Panchayati Raj Institutions within which the Project area is situated.

9.17      While preparing a draft scheme/Plan, the Administrator for R&R shall
ensure that the cost of R&R scheme/Plan should be an integral part of the cost
of the Project for which the land is being acquired and the entire expenditure
of R&R benefits and other expenditure for resettlement and rehabilitation of
PAFs are to be borne by the requiring body for which the area is being acquired.

9.18     It shall be the responsibility of the requiring body to provide
sufficient funds to the Administrator for R&R for proper implementation of
Resettlement & Rehabilitation scheme/plan of Project Affected Families.

9.19     The Administrator for R&R shall keep proper books of accounts and
records of the funds placed at his disposal and submit periodical returns to the
Commissioner for Resettlement and Rehabilitation of the Appropriate Government
in this behalf.

9.20  Every draft scheme/Plan of resettlement and rehabilitation prepared shall
contain the following particulars, namely:-
(a) the extent of area to be acquired for the project and the name(s) of the
corresponding village(s).
(b) a village-wise list of project affected families and likely number of
displaced persons family-wise and the extent and nature of land and immovable
property in their possession indicating the survey numbers thereof held by such
persons in the affected zone;
(c) a list of agricultural labourers in such area and the names of such persons
whose livelihood depend on agricultural activities;
(d) a list of persons who have lost or are likely to lose their employment or
livelihood or who have been alienated wholly and substantially from their main
sources of occupation or vocation consequent to the acquisition of land for the
project;
(e) a list of public utilities and Government buildings which are likely to be
affected;
(f) a comprehensive list of benefits and packages which are to be provided to
project affected families;
(g) details of the extent of land available which may be acquired in settlement
area for resettling and allotting of land to the project affected families;
(h) details of the basic amenities and infrastructure facilities which are to be
provided for resettlement;
(i) the time schedule for shifting and resettling the displaced families in
resettlement zones;
(j) such other particulars as the Administrator for Resettlement &
Rehabilitation may think fit to include for the information of the displaced
persons.

9.21     The Administrator for Resettlement & Rehabilitation shall, submit the
draft scheme/plan for R&R to the State Commissioner for R &R for its approval. 
It will be the responsibility of the State Commissioner to obtain the consent of
requiring body before approving the same, and then to obtain the clearance of
the State Rehabilitation Commission. After obtaining the clearance from the
Commission, the draft scheme/plan may be published in the Official Gazette to
give wide publicity to the same in the affected zone.

9.22    Upon notification of a scheme/plan, the same shall come into force.

CHAPTER - X : R&R BENEFITS FOR  PROJECT AFFECTED FAMILIES

10.1     The resettlement and rehabilitation (R&R) benefits shall be extended to
all the Project Affected Families (PAF) whether belonging to below poverty line
(BPL) or non-BPL.

10.2     Any Project Affected Family (PAF) owning house and whose house has been
acquired may be allotted free of cost house site to the extent of actual loss of
area of the acquired house.

10.3    Each PAF owning agricultural land in the affected zone and whose entire
land has been acquired may be allotted agricultural land to the extent of actual
land loss.

10.4  Stamp duty and other fees payable for registration shall be borne by the
requiring body.

10.5  The Land allotted shall be free from all encumbrances. The Land allotted
may be in the joint names of wife and husband of PAF.

10.6     Each PAF having cattle shall get one-time financial assistance required
for construction of cattle shed.

10.7      Each PAF shall get one-time financial assistance towards the
transportation cost for shifting of building materials, belongings and cattle
etc. from the affected zone to the resettlement zone.

10.8      Each PAF belonging to the class of rural artisan/small trader and self
employed person shall get one-time financial assistance required for
construction of working shed/shop.

10.9  Each PAF owning agricultural land in the affected zone and whose entire
land has been acquired shall get one-time financial assistance equivalent to 750
days minimum agricultural wages for “loss of livelihood” where neither
agricultural land nor regular employment to one member of the PAF has been
provided.

10.10  Each PAF owning agricultural land in the affected zone and whose entire
land has not been acquired and consequently he becomes a marginal farmer shall
get one-time financial assistance equivalent to 500 days minimum agricultural
wages.

10.11      Each PAF owning agriculture land in the affected zone and who
consequently becomes a small farmer shall get one time financial assistance
equivalent to 375 days minimum agricultural wages.

10.12    Each PAF belonging to the category of ‘agricultural labourer’, or
‘non-agricultural labourer’ shall be provided a one-time financial assistance
equivalent to 625 days of the minimum agricultural wages.

10.13  Each displaced PAF shall get a monthly subsistence allowance equivalent
to 20 days of minimum agricultural wages per month for a period of one year upto
250 days of minimum agricultural wages.

10.14  Acquisition of Long Stretches of Land: In case of projects relating to
Railway Lines, Highways, Transmission Lines and laying pipelines wherein only a
narrow stretch of land extending over several kilometers is being acquired, the
Project Affected Families will be offered an ex-gratia amount, twice the cost of
the land lost as determined at the operating market rate and no other
Resettlement & Rehabilitation benefits shall be available to them.

10.15     The Project Affected Families shall be provided necessary training
facilities for development of entrepreneurship to take up self-employment
projects at the resettlement zone as part of R&R benefits.

10.16  The Project Affected Families who were in possession of forest lands
prior to 25th October, 1980 shall get all the benefits of R & R as given in
above paras under the Policy.

10.17  The PAFs of Scheduled Caste category  enjoying reservation benefits in
the affected zone shall be entitled to get the reservation benefits at the
resettlement zone.

10.18     R&R BENEFITS FOR PROJECT AFFECTED FAMILIES OF SCHEDULED TRIBES.

10.18.1 Each Project Affected Family of ST category shall be given preference in
allotment of land in an area similar to the one where they lived prior to
displacement.

10.18.2  Each tribal PAF  shall be entitled to get R&R benefits mentioned in
above Paras  under the Policy.

10.18.3 Each Tribal PAF shall get additional financial assistance equivalent to
500 days minimum agriculture wages for loss of customary rights/usages of forest
produce.

10.18.4 Tribal PAFs will be re-settled close to their natural habitat in a
compact block so that they can retain their ethnic ,linguistic and cultural
identity.

10.18.5 Tribal PAFs shall get land free of cost for community & religious
gathering.
10.18.6  Tribal PAFs resettled out of the district/taluka will get 50% higher
R&R benefits in monetary terms.

10.18.7  The Tribal Land Alienated in violation of the laws and regulations in
force on the subject would be treated as null and void and the R&R benefits
would be available only to the original tribal land owner.

10.18.8  The Tribal families residing in the Project Affected Areas having
fishing rights in the river/pond/dam shall be given fishing rights in the
reservoir area.
10.18.9  Tribal PAFs enjoying reservation benefits in the affected zone shall be
entitled to get the reservation benefits at the resettlement zone.

10.19 BASIC AMENITIES TO BE PROVIDED AT SETTLEMENT ZONE:

10.19.1 While shifting the population of the Affected Zone to the Resettlement
Zone, the Administrator for R&R may as far as possible, ensure that :

a) In case the entire population of the village/area to be shifted belongs to a
particular community, such population/families may be resettled en masse in a
compact area so that socio-cultural relations (social harmony) amongst shifted
families are not disturbed

b) In case of resettlement of Scheduled Caste PAFs, it may be ensured that they
are resettled in sites close to the villages.

10.19.2 The Project Affected Families shall be provided the basic amenities and
infrastructural facilities at the resettlement site as per norms specified by
the Appropriate Govt. It is desirable that provision of drinking water,
electricity, schools, dispensaries and access to the resettlement sites amongst
others be included in the resettlement plan formulated by the Administrator for
R&R.

CHAPTER - XI : DISPUTE REDRESSAL MECHANISM

11.1  R&R COMMITTEE AT PROJECT LEVEL

11.1.1      In respect of every project to which this Policy applies, the State
Government shall constitute a Committee under the Chairmanship of the concerned
Zilla Parishad with the Administrator of that Project as the Chief Executive
Officer to be called the Resettlement and Rehabilitation Committee to monitor
and review the progress of implementation of scheme/ plan of resettlement and
rehabilitation of the Project Affected Families.

11.1.2  The Resettlement & Rehabilitation Committee constituted as above shall
inter-alia include as one of its members:-
(i)     a representative of women residing in the affected zone;
(ii)     a representative each of the Scheduled Castes and  Scheduled Tribes 
residing in the affected zone;
(iii)     a representative of a voluntary organization;
(iv)     a representative of the lead bank;
(v)     Chairman or his nominee of the PRIs located in the affected zone;
(vi)     MPs/MLAs of the area included in the affected zone;

11.1.3  Procedure regulating the business of the Resettlement & Rehabilitation
Committee, its meeting  and other matters connected thereto shall be prescribed
by the Appropriate Government on the recommendation of the State Rehabilitation
Commission.

11.2.  GRIEVANCE REDRESSAL CELL:

11.2.1  In respect of every project to which this Policy applies, the State
Government shall constitute a Grievance Redressal Cell under the Chairmanship of
the Commissioner for Resettlement and Rehabilitation for redressal of grievances
of the PAFs.

11.2.2  The composition, powers, functions and other matters relating to the
functioning of the Grievance Redressal Cell shall be such as may be prescribed
by the Appropriate Government in consultation with State Rehabilitation
Commission.

11.2.3  Any Project Affected Family, if aggrieved, for not being offered the
admissible R&R benefits as provided under this Policy, may move an appropriate
petition for redressal of his grievances to the Grievance Redressal Cell.

11.2.4  The form and manner in which and the time within which complaints may be
made to the Grievance Redressal Cell and disposed of shall be such as may be
prescribed by the appropriate Government in consultation with State
Rehabilitation Commission.

11.2.5  The Grievance Redressal Cell shall have the power to consider and
dispose of all complaints relating to resettlement and rehabilitation against
the decision of the Administrator/R&R Committee at Project level for
Resettlement & Rehabilitation and issue such directions to the Administrator for
Resettlement & Rehabilitation as it may deem proper for the Redressal of such
grievances.

CHAPTER  - XII : MONITORING MECHANISM

12.  MONITORING

12.1 The Administrator for R&R and State Commissioner for R&R shall send
quarterly reports to the State Rehabilitation Commission on the progress of
implementation of the R&R Scheme/Plan project-wise. The State Rehabilitation
Commission shall use the offices of Administrator and Commissioner for R&R
and/or that of any other agency of the State Government to inspect as and when
they desire the worksite, offices and records related to the implementation of
the project and that of the R&R Plan/Scheme for the project-affected families.
An annual report of the Commission shall be laid in the Orissa Legislative
Assembly at the end of each financial year, detailing the project-wise progress
in the implementation of R&R Plan/Scheme and the problems/issues related to it.
The said report shall also mention the number and nature of appeals made by the
public to the Commission against the governmental or non-governmental
authorities on the grounds of infringement of R&R policy, and the kinds of
relief provided by the Commission to the appellants concerned.

CHAPTER XIII: APPLICABILITY

13.    The Orissa Policy on the Resettlement and Rehabilitation of Project
Affected Families 2006 shall come into effect from the date of its publication
in the Gazette of Orissa (Extra-ordinary).

                                 -END-