31 National Rehabilitation and Resettlement Policy, 2007

Sunil Mittal and Hardeep Kaur

1. Introduction

2.  Objectives of the NRRC, 2007

3. Broad principles of NRRC, 2007

4. Procedure for Rehabilitation and Resettlement

4.1 Declaration of affected area

4.2 Impact assessment of the affected persons

4.3 Rehabilitation and Resettlement Benefits for the Affected Families

4.4 Amenities and Infrastructural Facilities to be provided at Resettlement Areas

Conclusion

1.  Introduction

Ever since the inception of community life, humans have a craving for stable household which designates comfortable life. This is called as settlement in general terms. This settlement could be disturbed by natural calamities such as drought, flood, earthquakes etc., which is termed as voluntary displacement. However, acquisition of private property by the government on the name of development forces involuntary displacement of general public. Such involuntary displacement leads to disturbing, mental and socio-cultural consequences on concerned population. To avoid unnecessary repositions and minimize their effect on the residential population, there was a need of resettlement policy with active participation of affected population. Such a policy was formulated by the Government of India, to save the rights of adversely affected families, who own legal and recognized rights on the assets, in addition to those families who do not hold any legal right on land but, earns their livelihood (through agricultural labour or manual labour) from the declared area. This puts a greater responsibility on the policy makers to establish agreement that benefits all kind of people whose livelihood activities became difficult after resettlement. To minimize the negative social impact and counter the economic disadvantages of displacement, a thorough assessment was needed in participatory and transparent manner. A careful quantification of adverse impact of involuntary displacement on economic, social, environmental and cultural aspects was assessed to create harmony after resettlement. This was more important when the affected population included members of weaker sections of the society such as scheduled caste, scheduled tribes, farmers etc. It was expected that the national policy would address all the projects that lead to involuntary displacement and would provide compensation as well as opportunities to all the affected families for a stable and quality life after resettlement.

Government of India brought forward the National Rehabilitation and Resettlement Policy (NRRC), which was published in the Gazette of India, Extraordinary, Part I, Section I, dated 31st October, 2007, to minimize large scale displacement as far as possible. All the information mentioned in this chapter is from the policy published in the Gazette (http://www.indiaenvironmentportal.org.in/files/NRRP2007.pdf). In the policy, a special emphasis has been subjected to displacement of people only for those projects that are desirable, justifiable and showcase benefit to the society at large. Acquisition of agricultural land for non- agricultural projects has been minimized as far as possible. Set up of Multi-dimensional projects have been restricted at waste, degraded or un-irrigated land. It is proposed that before initiating the acquisition of land for major projects, the government would consider all the alternative strategies possible to minimize:

• the displacement of people
• the total area of land required for the project
• acquisition of agricultural land for non-agricultural projects

2.  Objectives of the NRRC, 2007

The National Rehabilitation and Resettlement policy, 2007 framed various rehabilitation strategies with some common objectives for all the projects that require displacement for their implementation. Even, if the project has long term benefits to the society, the followings concerns have been prioritized before any declaration:

(a) To minimize displacement of the residential population to a greater extent and as far as possible.

(b) To confirm satisfactory rehabilitation package and efficient and speedy execution of the rehabilitation process, with the active participation of the affected families before displacement.

(c) To protect the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and deal with sensitivity.

(d) To provide better standard of living, accompanied with sustainable income opportunities to the he affected families.

(e)To integrate rehabilitation concerns into the development planning and implementation process.

(f) To promote mutual cooperation and facilitate harmonious relationship between the affected population and the acquiring bodies.

3.  Broad principles of NRRC, 2007

In addition to the above mentioned objectives, the policy taken care of the additional issues related to displacement. The broad principles of rehabilitation policy are:

a) Formal consent of all the affected people should be taken in advance before any declaration of displacement involved projects.

b) The unwillingness of people to relocate for a project with social benefits indicates faults in the ways the issue being approached or unsatisfactory compensation to the affected population.

c) The affected families should be provided with the right to challenge the government’s claim of public interest and present their plight and matter of interest related to the project implementation.

d)  Compensation package should take care of every affected family and elder sons or unmarried daughters should be regarded as a separate families to create harmony in the compensation benefits. In addition, both the spouse should have equal right on the compensation offered.

e)  Compensation should take care of quantifiable and unquantifiable losses of the families, and should ensure a better life to the affected families than before. Irrespective of their prior status, the economic status of the displaced people should be above the poverty line.

f)  Affected population should be compensated for the lost basic amenities and assets.

g)  It is recommended that the compensation should be made at the current market rate and in no case it should lead to depreciation of assets value.

h)  Compensation should take care of not only lost property and assets but should also reimburse for the lost lives and better life opportunities.

i) Principals must be followed to ensure proper compensation packages for social loss, and for those who are incapable of utilizing large cash amounts offered.

j)  The principle of ‘land for land’ should be strictly followed and the land owners should be provided with the land of equal size (minimum two hectares) and productivity. Land dependent agricultural laborers who legally do not own any land in the acquired area should also be compensated with two hectares of land.

k) Agricultural land related to different communities should be consolidated and the involved communities should be kept together after displacement to safeguard their social and cultural identities.

l) The rehabilitation and resettlement of affected population with a host community should ensure moral understanding and equality status to maintain their cultural identities.

m) The timeframe of the whole displacement process should be informed to the affected population well in advance, and they should be provided enough time to adjust to the new life style and location.

n)  The affected individuals should be offered enough opportunities to restart their previous occupation (if willing to) or choose among other viable alternatives. They should be helped for any new ventures which may help in adjusting to the new conditions

o) The affected population should have the first right on any kind of employment or livelihood opportunities generated by the project. If required, training and experience to interested personals should be provided to enable their participation in the direct or indirect benefits of the project. The project affected people should be regarded as the first consumers of project generated outcomes such as irrigation water from irrigation projects or power from hydroelectric projects.

4. Procedure for Rehabilitation and Resettlement

The decision of involuntary displacement cannot be taken in one day and follow a long sequence of events that involve transparent assessment and equal participation of the affected people. The governing authorities address all the public issues before any announcement about the displacement. Streamlined procedures have been framed to carry out rehabilitation that includes

Ø   Proper declaration of the affected area

Ø   Impact assessment of the affected persons

Ø  Preparation of rehabilitation and resettlement scheme and its public awareness

Ø  Declaration of the compensation packages

4.1 Declaration of affected area

a)    It is proposed that, if it has been identified that the proposed project implementation requires the involuntary displacement of communities with four hundred and more families in plain areas, or two hundred and more families in tribal or hilly areas, then the area of villages or localities may be notified as ‘affected area’ in the official Gazette.

b)   The official declaration about the affected area should be published in at least three newspapers, two of which should have circulation in affected villages and communities. The notification should also be affixed on the notice board of concerned gram panchayats or municipal offices for widespread of the information.

4.2 Impact assessment of the affected persons

a)   After proper declaration, a baseline survey and census for the identification of affected families and dependents should be made by the Administrator for Rehabilitation and Resettlement.

b)   The survey should be done expeditiously within a period of ninety days from the date of declaration of the affected area.

c)    The survey should contain the following village wise information of the affected families:

i.  Information of the members residing permanently in the affected area and engaged in business, trade or any other occupation.

ii.   Information of the families who are likely to lose their agricultural land, house, employment, business or other such assets and are in fear of loss of substantial earning opportunities.

iii.   Families belonging to weaker section of society such as scheduled tribe and scheduled cast.

iv.  Persons working as agricultural or non-agricultural labourers

v. Information on dependant individuals such as abandoned or widow women, children, old aged people, and unmarried girls etc. who cannot be provided with alternative livelihood.

vi.  Information on families that that do not hold any land legally in the affected area, but are residing there for a period of not less than three years before declaration.

vii.   Families belonging to scheduled tribes, who are or were having possession of any forest land in the affected area before 13th Dec 2005.

d) Once the survey is completed or at the completion of period of ninety days, whichever is earlier, it is the duty of the Administrator to prepare a draft regarding the findings of the survey and invite for suggestions or objections from the people affected directly or likely to be affected. The prepared draft should be brought in the knowledge of all concerned people through widespread publicity.

e)  The Administrator is supposed to submit all the objections advised along with the survey draft to the active government after a period of thirty days.

d) After a period of forty-five days from the date of receipt of survey details and recommendations of the Administrator, the Government should publish final details on the official Gazette.

e) The most important decision to be made by the Government is the declaration of an area as the resettlement and rehabilitation area. It is the duty of the Administrator to provide the list of lands available for rehabilitation and resettlement of affected families. The lands drawn up for such purpose could be:

i)  Land acquired for a project and available for the resettlement of affected families.

ii) Any Government owned land lying as waste land and available for allotment.

iii)Any land available for purchase or acquisition for resettlement and rehabilitation purpose but, should not lead to displacement of another community.

f) The Administrator has also to ensure that the affected families have been comfortably resettled in the area as a group or with the host community on the basis of equality and mutual understanding.

g)   As soon as completion of baseline survey and census of the affected families and assessment of the requirement of land for resettlement is completed, the Administrator should draft a plan of rehabilitation and resettlement for the affected families.

h)   The plan of rehabilitation and resettlement should contain the following essentials and the awareness about the same should reach every affected individual through widespread publicity:

i) Name of the village and the extend of the land to be acquired.

ii) A village and family-wise list of the affected persons.

iii)List of individual dependant on agricultural activities for their livelihood or working as agricultural labourers.

iv) List of people who have or are likely to lose their employment or earning opportunities

v)   List of Government utilities or buildings which are affected or likely to be affected.

vi)  Details of public and community properties, assets and infrastructure.

vii)  List of benefits and packages which would be provided to the affected families.

viii) The time schedule for shifting and resettling the displaced persons in the resettlement area or areas.

i) The rehabilitation and resettlement plan should be discussed in gram sabhasin rural areas and in public hearings in urban and rural areas where gram sabhas don’t exist.

j)  The involuntary displacement which includes two hundred or more Scheduled Tribes families from the Scheduled Areas, the concerned Tribes Advisory Councils should be consulted.

k)   The Administrator should ensure that the entire estimated cost of the rehabilitation and resettlement plan should be an integral part of the cost of the project, which should be borne by the requiring body.

l)   The Administrator for Rehabilitation and Resettlement should submit the draft of plan for rehabilitation and resettlement to the appropriate Government for their approval.

m) After approval the rehabilitation and resettlement plan, the appropriate Government should publish the same in the Official Gazette which also designates its enforcement.

n)   It is the responsibility of the requiring body to deposit one third of the rehabilitation and resettlement cost to the Administrator as soon as the draft is finalized, and contribute in the implementation of the plan.

o)   The Administrator for Rehabilitation and Resettlement should keep proper books of accounts and records of the funds placed at his disposal and submit periodic returns to the appropriate Government in this behalf.

4.3 Rehabilitation and Resettlement Benefits for the Affected Families

a)The rehabilitation and resettlement benefits should be extended to all the affected families as on the date of declaration.

b) Any affected family whose house has been acquired or lost, may be allotted free of cost house of equal area, but not more than two hundred and fifty square metre of land in rural areas, or one hundred and fifty square metre of land in urban areas, as the case may be, for each nuclear family:

c)  The affected family below poverty line who do not own any legal land in the affected area, shall be entitled to a house of minimum one hundred square metre carpet area in rural areas, or fifty square metre carpet area in urban areas.

d)   If at all, the affected family denies to take the house offered, they should get a suitable one-time financial assistance for house construction, and the amount should not be less than what is given under any programme of house construction by the Government of India.

e)  The families owning agricultural land in the affected area, who’s entire land has been acquired or lost, may be allotted agricultural land or cultivable wasteland to theextent of actual land loss by the affected family subject to a maximum of 9 hectare of irrigated land or two hectares of un-irrigated land or cultivable wasteland.

f)  In case the affected family has been allotted wasteland or degraded land in lieu of the acquired land, they should get a one-time financial assistance of appropriate amount as decided by the Government that should not be less than fifteen thousand rupees per hectare for land development and ten thousand rupees for agricultural production.

g)   The affected and displaced families that own cattle should get financial assistance of appropriate amount as decided by the Government that should not be less than fifteen thousand rupees for construction of cattle shed.

h)   In the case of irrigation or hydel projects, the affected families should be given preference in allotment of land-for-land in the command area of the project, to the extent possible.

i)     If in case the family denies to take up land in command area, such families should be given monetary compensation or replacement cost.

j)     In case of a project involving land acquisition on behalf of a requiring body, the stamp duty and other fees payable for registration of the land or house allotted to the affected families should be borne by the requiring body.

k)   The land or house allotted to the affected families under the policy should be free from all taxes.

l) The affected persons who are rural artisan, small trader or self-employed person and has been displaced should get a one-time financial assistance of appropriate amount as decided by the Government that should not be less than twenty-five thousand rupees, for construction of working shed or shop.

m) In case a project involves land acquisition on behalf of a requiring body, the affected families should be provided with the following employment opportunities:

i) Preference should be given to the affected families or at least one person per nuclear family in employment in the project, subject to the availability of vacancies and suitability of the affected person for the employment.

ii)  Affected persons should be trained by the requiring body, so as to enable such persons become suitable for the jobs in the project or for self-employment.

iii) Eligible individuals of the affected families should be offered scholarships and other skill development opportunities by the requiring body for internal jobs.

iv) Preference should be given to the affected persons or their groups or cooperatives in the allotment of outsourced contracts, shops or other economic opportunities coming up in or around the project site.

v)  Preference should be given to willing landless labourers and unemployed affected persons while engaging labour in the project during the construction phase.

n)  In case the project involves land acquisition on behalf of a requiring body, the affected families who have not been provided agricultural land or employment should be enabled with a rehabilitation grant equivalent to seven hundred fifty days minimum agricultural wages or such other higher amount as may be prescribed by the appropriate Government.

o)  If the requiring body is a company authorized to issue shares and debentures, such affected families should be given the option of taking up to twenty per cent of their rehabilitation grant amount in the form of shares or debentures of the requiring body.

p)   If the land is acquired in cases of urgency, each affected and displaced family should be provided with transit and temporary accommodation, pending rehabilitation and resettlement scheme, in addition to the monthly subsistence allowance and other rehabilitation and resettlement benefits due to them under the policy.

q)   In case of linear acquisitions such as projects relating to railway lines, highways, transmission lines, laying of pipelines and other such projects wherein only a narrow stretch of land is acquired for the purpose of the project or is utilized for right of way, the affected family should be offered an ex-gratia payment of such amount as the appropriate Government may decide that should not be less than twenty thousand rupees.

r)     The affected families may be given the option to take a lump-sum amount in lieu of one or more of the benefits specified, the amount being fixed by the appropriate Government after consultation with the requiring body.

4.4 Amenities and Infrastructural Facilities to be provided at Resettlement Areas

a)    In case of involuntary displacement of communities with four hundred and more families in plain areas, or two hundred and more families in tribal or hilly areas, ample infrastructural facilities and conveniences should be provided in the resettlement area. Such facilities include:

• safe drinking water for people and their animals
• health centres, child and mother care centres
• community centres, schools, institutional arrangements for training
• electricity
• children’s playground, community ponds,
• roads and public transport
• drainage, sanitation,
• grazing land, land for fodder, plantation (social forestry or agro-forestry),
• fair Price shops for all necessary goods
• panchayatghars, Cooperative Societies, Post Offices
• places of worship, land for traditional tribal institutions, burial/cremation grounds, and
• security arrangements

b)   If relocation takes place in an existing settlement area, the same infrastructure should also be extended to the host community.

c)    While shifting the population of the affected area to the resettlement area, the Administrator for Rehabilitation and Resettlement should ensure that:

• In case the displacement requires shifting of an entire population of the village or area, that belongs to a particular community, they should be as far as possible, resettled in a compact area to maintain their socio-cultural relations and social harmony.
• In case of resettlement of affected families of scheduled tribes or case, it should be ensured that such families are resettled in the areas close to the villages.
• As an important consideration, it should be ensured that the resettlement area forms part of a grampanchayator municipality.

Conclusion

Involuntary displacement of general public for projects of long term benefits requires a streamlined procedure. It is necessary to safeguard the rights of affected people and to provide them appropriate compensation and other benefits of the project. The National rehabilitation and resettlement policy, 2007 states all the prerequisites that should be taken care of before and after the displacement of people for government or private projects. The assessment of social and economic impact on the affected families has been given importance. It is also stated that the affected families should be provided a better place for resettlement with satisfactory earning opportunities and basic facilities. In case of involuntary displacement of weaker sections of the society (scheduled tribe or scheduled cast), special guidelines have been framed out to create harmony with the host community. The government of India has put a step to avoid involuntary displacement as far as possible, and if unavoidable the affected population should be resettled with a better economic and social status.