REHABILITATION & RESETTLEMENT IN MAHANADI COALFIELDS LIMITED

In MCL, Rehabilitation & Resettlement Policies of Government of Orissa have been adopted to rehabilitate and resettle the project affected families. We would like to mention that there are following three R&R Policies of Government of Orissa applicable to MCL :1)

Rehabilitation & Resettlement Policy, 1989 Govt of Orissa– Applicable in all on-going projects of Talcher & IB Valley Coalfields of MCL except Basundhara-Garjanbahal Area of MCL.

2)

Rehabilitation & Resettlement Policy, 1998 Govt of Orissa– Applicable in Basundhara-Garjanbahal Area of MCL.

3)

Rehabilitation & Resettlement Policy, 2006 Govt of Orissa– Applicable for the areas notified after 15.05.2006, presently applicable for the village Kalamchhuin coming under Hingula Area, MCL

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LAND ACQUISITION Comparison of L.A. Act, 1894 & CBA (A&D) Act, 1957 Sl No 1

L.A. Act

CBA Act

Sponsorship by the Ministry of Coal to the State Govt. is needed. Collector of the District is the statutory authority to act as the statutory authority. He or any other person appointed by the State Govt. perform this duty.

Central Govt. itself act for acquisition under Act. Only opinion of the State Govt. is called for in respect of State Govt. land. Competent Authority is appointed by notification under Sec.3 for this purpose.

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The State Govt. by a preliminary notification under Sec.4 empowers officer to enter and make survey etc. on land which is needed or likely to be needed for a public purpose.

Under Section 4 of the CBA Act, notification is issued for prospecting and survey. Sec.7 provides for notification by the Central Govt. of its intention to acquire Lands/ Mining Rights where coal is available.

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Can be applied for any surface Can be applied only in virgin Coal area belonging to tenants Bearing Areas for surface and underground Rights.

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Provision for objection hearing Provision for objection hearing etc. are etc. are provided. provided.

Procedure for Acquisition of Land A) Under L.A. Act -Only tenancy land is acquired under this Act. State Authorities / Collector of the District is the authority to whom application for acquisition of tenancy land is to be submitted. All the necessary notification pertaining to the Act is published by State Authorities and necessary survey work is also done by State Authorities. The agency / MCL only make the payment to State Authorities B) Under CBA Act – All type of land i.e. tenancy land, government land and forest land are being acquired under this Act. Proposals for notification of acquiring the land are submitted mentioning details of land and plan by MCL to the Ministry of Coal for publication in the Gazette. State Authorities are only being informed regarding the notification. After publication of

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9(1) notification the land is being vested with Government of India and subsequently transfer to the Coal Companies under Sec.11(1)

Assessment of Compensation

A) Under L.A. Act -Assessment of compensation against the acquired land is determined by the LA Authorities/ District istration. The rates for different type of land is calculated on the basis of fair market value as on date of 4(1) notification. The structures like house, well, tube well, pond etc. and trees attached to the land is also valued along with the land. In addition to the cost of land and other interest, solatium of 30%, interest of 12% per annum on the market value of land is being paid to the land owner. After complete valuation of the total land the demand is being placed before the agency in addition to 20% establishment cost. MCL is not involved for the payment compensation directly with the land owner B)

Under CBA (A&D) Act - Assessment of compensation against the acquired land is determined by the competent authority as notified under section-3 of the said Act. Generally, GM/CGM of the Area is the authorized person for determination of the compensation. The rates for different type of land is calculated on the basis of fair market value as on date of 4(1) notification. The structures like house, well, tube well, pond etc. and trees attached to the land is also valued along with the land. In addition to the cost of land and other interest, solatium of 30%, escalation of 12% per annum [from the date of 4(1) notification to 9(1) i.e. maximum upto 3 years] on the market value of land is being paid to the land owner. In addition to this interest of 9% for the 1st year and 15% for the subsequent years after the date of 9(1) notification till the date of payment on the basic cost excluding the escalation.

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Rehabilitation & Resettlement Policy 1) Rehabilitation & Resettlement Policy, 1989 of Government of Orissa. 2) Rehabilitation & Resettlement Policy, 1998 of Government of Orissa. 3) Rehabilitation & Resettlement Policy, 2006 of Government of Orissa. 4) Rehabilitation & Resettlement Policy, 2008 of Coal India Limited. 5) National Rehabilitation & Resettlement Policy, 2007 of Government of India.

R&R Policy, 1989 Categorization of land oustees for rehabilitation a) One member from the family sustaining loss of dwelling houses, homestead land and agricultural lands not less than 1/3rd of the total holding shall be provided with employment on a priority basis. b) One member of each family having sustained loss of 3 acres of nonirrigated land or 2 acres of irrigated land shall be provided with employment on second priority. c) In case of families having lost only homestead land or the total agricultural holding, one member from each family shall be provided with employment according to availability. d) In case of families who have lost 1/3rd of the total agricultural holding, one member from each family shall be provided with employment according to availability. Family definition A family in the aforesaid context shall include the husband and wife as the case may be and their un-married children but does not include a major son who has been separated from the family on or before the date of notification under section 4(1) of the Land Acquisition Act , 1894 in respect of area/ villages. He shall be treated as a separated family. Resettlement benefits 1. Each displaced family shall be allotted reclaimed Government land upto 10 dec for homestead purpose free of cost. 2. In the rehabilitation colony facilities like road, street lights, school buildings, health centre, provisions of drinking water, recreation centers, ponds tank, play ground, veterinary centers, tree plantation, and shopping center shall be provided according to necessity. 3. Each displaced family shall be given assistance at the rate of Rs 2000/for construction of temporary shed. MCL increased the amount to Rs 5000/-. 4. Expenditure in respect of paras 5, 6 and 7 shall be borne by MCL. 4

MCL Board in its 128th meeting held on 26.03.2011 enahancement of cash compensation/monetary package for Project Displaced Families in lieu of resettlement plot and building assistance as given below:(A) Payment of Cash in lieu of Plot for self relocation Lump sum one time cash compensation of Rs 3,00,000/- (Rupees Three lakhs only) per family in lieu of resettlement plot in case no resettlement plot is provided and option for cash compensation in lieu of plot is exercised by the individual displaced family for self relocation. (B) Building & Other Assistance in line with R&R Policy, 2006 of Govt of Odisha. Building assistance, maintenance allowance, assistance for temporary shed, transportation allowance as provided for in the R&R Policy 2006 of Govt of Odisha amounting to Rs 2,32,000/- as per following table will be given to the displaced family irrespective of the coverage of R&R Policy applicable i.e. 1989, 1998 or 2006. 1 2 3 4

House building assistance Rs. 1,87,000/Maintenance allowance @ Rs 2,500/- Rs. 30,000/P.M. for 12 (Twelve) months Assistance for temporary shed Rs. 12,500/Transportation allowance Rs. 2,500/Total Rs. 2,32,000/-

Any increase by the Govt of Odisha from time to time on the above heads will also be payable in addition to the above amount. (C) Additional incentive for early vacation & handing over home/homestead & agricultural land. In almost all open cast project of MCL, the mining operations have reached the BASTI area of villages due to which demolition of dwelling houses is very essential for further progress of mines besides safety aspects. To encourage immediate shifting additional incentive will be offered to the displaced families as per the table given below:Sl No 1 2 3

Period of shifting Within one month Within 02 months Within 03 months

Total amount per family Rs. 1,00,000/Rs. 75,000/Rs. 50,000/-

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(D) Financial Compensation in lieu of land for the quantum of less than 10 decimal land for resettlement. As per the R&R Policy, 1989 of Govt of Odisha, a displaced family is to be given upto 0.10 Ac of land for resettlement plot and as per R&R Policy, 2006 of Govt of Odisha 1/10th of an acre is to be given to the displaced family at resettlement site. Due to shortage of suitable Govt land for resettlement, each and every displaced family cannot be given 0.10 Ac of land at the available resettlement site. For example, they may be offered 0.04 to 0.08 Ac of land per family as per availability and for the remaining portion of 0.02 to 0.06 acre of land, cash compensation will be extended @ Rs. 30,000/- per decimal of land. This has been worked out on the logic that those who are opting for cash in lieu of land will be provided Rs 3.00 lakhs per 10 decimal of land. As and when the amount mentioned at (A)- Payment of Cash in lieu of Plot for Self relocation is increased, the same increase also be given here. (E) The benefits will be extended to all those taken cash in lieu of plot, building assistance and other assistance w.e.f. 15.05.2010. Further, for those who have already got cash/consented for cash in lieu of plot prior to 15.05.2010 and have not yet shifted will only be eligible to get the building assistance and other assistance.

R&R Policy, 1998 Categorization of land oustees for rehabilitation The company setting up the Mining Project will have to give preference to the nominated of the displaced families in providing employment either in the Project or in its ancillary units in the following order of preference :a) Displaced families losing all lands including homestead land. b) Displaced families losing more than 2/3rd of land and homestead land. c) Displaced families losing more than 1/3rd of land and homestead land. d) Other displaced families. Family definition The following category of persons will be treated as separate families :a) A major married son. b) An unmarried daughter above 30 years. c) A divorcee/ deserted woman or widow having no source of livelihood.

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d) Physically handicapped and/or mentally retarded person irrespective of age and sex (more than 40% permanent disability) treated as separate family. e) All unmarried brothers and sisters whose parents are not alive shall constitute a separate family.

R&R Policy-2006 Categorisation of affected families a) Displaced families losing all land including homestead land. b) Displaced families losing more than 2/3rd of agricultural land and homestead land. c) Families losing all agricultural land but not homestead land. d) Displaced families losing more than 1/3rd of agricultural land and homestead land. e) Displaced families losing only homestead land but not agricultural land. f) Families losing agricultural land in part but not homestead land. Family Definition “Family” means the person and his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other residing with him or her and dependent on him or her for his / her livelihoods. Note : Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits under this Policy. i)

A major son irrespective of his marital status.

ii)

Unmarried daughter/ sister more than 30 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 person suffering from more than 40% permanent disability will only be considered as separate family.

iv)

Minor orphan, who has lost both his / her parents.

v)

A widow or a woman divorcee.

Resettlement Benefit

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i.

Provision

for

homestead

land: Subject to availability, each

displaced family will be given at least 1/10th of an acre of land free of cost in a resettlement habitat for homestead purpose. ii.

Assistance for self-relocation: Each of the displaced family who opts for self relocation else where other than the resettlement habitat shall be given a one time cash grant of Rs. 63,000/- in lieu of homestead land

iii.

House building assistance: Besides, project authority shall construct house for each displaced family in the resettlement habitat or provide house building assistance of Rs 1,87,000/- to each of the displaced family settling in the Resettlement habitat or opting for self relocation elsewhere.

iv.

Maintenance allowance: In order to ensure timely vacation, an allowance of Rs 2,500/0 per month per displaced family shall be provided on vacation of land/house for a period of one year from the date of vacation as determined by the Collector concerned.

v.

Assistance for temporary shed: An assistane of Rs 12,500/- shall be provided to each displaced family,

vi.

Transportation allowance: TA of Rs 2,500/- or free transportation to the resettlement habitat or their new place of inhabitance, shall be provided to each displaced family by the Project authority.

R&R benefit to unmarried daughter below 30Years: “Daughters above 18 Yrs but below 30yrs of the land losers will not be treated as separate families for rehabilitation

benefit

under

R&R

Policy,

2006

.”

Clarified by Govt of Orissa, Revenue & DM Deptt vide No. R&REH- 127/2010-46580/R&DM Dt. 15.11.2010 R&R benefit to married daughters “ in the guideline regarding rehabilitation assistance, the term family has been defined to include husband, wife and unmarried children. Therefore, the question 8

of the family of married daughter being eligible for employment under rehabilitation assistance does not arise.” Clarified by Govt of Orissa, Revenue & Excise Deptt vide No. GE(Coal)- 5/91-5408/R Dated, Bhubaneswar the 30/1/92.

Clarifications of Govt of Orissa, Revenue & DM Deptt vide No. 14284/R&DM Dt. 10.04.2007 as below:1. “ Family already availed Rehabilitation and Resettlement benefit in one village prior to the R&R policy, 1989, but now losing land along with home and homestead in other village, whether Rehabilitation & Resettlement benefit will be extended to them or not.” R&R benefit is given to displaced persons. If somebody has already received R&R benefit in one village and the same family is losing land along with home and homestead in other village, he can be extended R&R benefit, if this home is housing the family at present. But if the family have been provided with jobs, they can not nominate any member outside the family to be provided for a job again and if the home from which they are being displace now, is not their residence at present and it is a second home and homestead, no R&R benefit may be extended. 2. “ Persons constructed house over Government land and losing agricultural and Gharabari land in same village, whether, Rehabilitation and Resettlement benefit will be extended to them or not.” For persons constructing house on Government land, para 9 of R&R Policy 2006 should apply. However, if the person has other homestead land and has still encroached Government land, no compensation should be payable on the land or the dwelling house constructed in Government land. This is

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because; we can not afford to encourage encroachment of Government land. 3. “ Persons residing in the village permanently by constructing house over other’s land, whether Rehabilitation and Resettlement benefit will be extended to them or not.” If a person has no Gharabari land of his own and loses his home constructed on other’s land, he may be compensated with a cost of construction of the house. For employment, his case may be considered after all other claimants to employment are satisfied. 4. “ Whether payment of compensation to the recorded tenants for the land purchased after 4(1) and before 9(1) of CBA (A&D) Act will be made or not & whether Rehabilitation and Resettlement benefit will be extended to them or not.” Under CBA(A&D) Act, there is maximum period of three years

allowed

between

notification

of

intention

of

Government U/S 4(1) and final declaration of acquisition u/s 7(1). The u/s section 9(1), the declaration gets authority for final acquisition. Payment of compensation can and should always be given to the land purchased after 4(1) and before section 9 of CBA(A&D) Act.but R&R benefit may not be extended to these purchases, as knowingly they have purchased a land meant for displacement. But if this is not allowed to invalidate after three years and notified fresh again and again, the R&R benefit may be considered to the persons if he belongs to the village but not to an outsider. Clarification on providing rehabilitation benefit to the grand sons of the land oustees/awardees of Govt of Orissa, Revenue & D.M Depatt vide No. R&REH-127/201046583/R&DM dt. 15.11.10. “… the grandsons of the land losers will not be treated as separate family for rehabilitation benefit under R&R Policy 2006.”

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Clarification on ‘Displaced /Affected families’ with reference to Orissa R&R Policy, 2006 of Govt of Orissa, Revenue & D.M Deptt vide No. R&REH-56/10-42388/R&DM dt. 20.10.2010. “ …. Persons or families who are normally residing in or near the project areas for a period of at least 3 (Three) years prior to the date of section 4(1) notification (under L.A.Act) above may be considered as ordinarily residing therein for the purpose of R&R benefits.” Decisions of 12th RAC meeting held on 16.02.2005 & 13th RAC meeting held on 10.11.2005. Change of Nominee:.. change of nominee in favor of wife /son-in-law will be allowed to the family in which there is no eligible nominee irrespective of marital status as on cut off date or considering the last RAC. The Chairman clarified that all such cases will be accepted for job benefit only after duly approved by the Collector which will be ratified in the next RAC. Decision of 13th RAC meeting held on 10.11.2005. Job rehabilitation in the case of physically handicapped /widow /Divorcee persons: … It was decided and unanimously accepted that cases of physically handicapped, widow/divorcee and daughter of 30 years age or more will be treated as separate family for the purpose of R&R benefit. Decision in 1st RPDAC meeting held on 07.11.2006 Fixation of Cut Off Date:Cut off Date for acquisitions under CBA(A&D) Act , the date of release of the award from the Ministry of Coal will be the Cut Off Date for the purpose of rehabilitation.Persons constructed house over Taila Kissam of land i.e. other than Gharabari Kissam of land:.. land oustees those who have constructed their houses over Taila Kissam land and have no Gharabari kissam of land will be considered as ‘A’ category land oustee. The portion of land of Taila kissam on which they have constructed the house will be treated as their GB with reference to the provision of O.L.R. Act. CMD, MCL agreed to it. Job rehabilitation to minor self awardee:…minors can not be recorded as tenants, so should not be made awardees, hence cannot be rehabilitated. The Chairman

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pointed out that though it is legally wrong to award compensation in the name of the minors. Decision of 3rd RPDAC meeting held on 27.05.2008. ..in case of nominee/land oustee who is minor to the cut off date and no one from the family is provided with job rehabilitation, in such case he will be eligible for job rehabilitation as and when he becomes major.

.. the date of ing of award will be the cut off date of the village and approval of RPDAC will not be required henceforth. Job rehabilitation to non-matriculate female nominees ..where there is no one eligible for job rehabilitation in the family, illiterate/non-matriculate female self awardee should be provided with job rehabilitation on case to case basis. CMD, MCL agreed to it. Consideration of Date of Birth as per Correspondence Course:.. if the age mentioned in the certificate produced at the time of screening by the nominees, matches the date of birth in the correspondence course certificate issued by the Board of Sec Edn, Orissa later on, then it is acceptable, otherwise not. Female Recorded Tenant/Awardee:.. job rehabilitation to the married daughter who are RT of the land may be considered after adding the property of her husband. This is because the married person is losing the land on her own right and not because of the displacement of her parent. However, mutations and partitions with an intention to get job should not be entertained for consideration to job. All the mutations should have been done before 4(1) of L.A. or 7(1) of CBA Acts. Decision in 6th RPDAC meeting held on 01.02.2010. Job rehabilitation to non-matriculate female nominees …since job rehabilitation is given on the ground of rehabilitation to land oustees, the educational qualification and gender should not be a bar to avail the benefit. The Director(Pers) agreed that the case of Tulei Naik of village Gopalprasad & other similar cases shall be considered for employment subject to eligible under R&R policyAdoption case:-

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…the view of Government pleader should be verified by the company as per the provisions of Adoption Act and L.A. Act . Chairman opined that adoption made after the notification for acquisition should not be taken into consideration. Decision in 6th RPDAC meeting held on 01.02.2010.

Hindu Adoptions and Maintenance Act 1956 Who is eligible to adopt under the Hindu Adoptions and Maintenance Act? Any Hindu male can adopt under the Act provided: He has attained majority and is of sound mind. His wife consents to the adoption, in case he is married and has a living wife. His wife has renounced the world She has ceased to be a Hindu She is declared by a court of competent jurisdiction to be of unsound mind. Can a married woman adopt ? She can adopt if, Her husband is dead, She is divorced, Her husband has either renounced the world, ceased to be a Hindu or been declared to be of unsound mind by a court of competent jurisdiction. Can an unmarried woman adopt? Yes, an unmarried female, who is a Hindu, who has attained majority and is of sound mind can adopt. Who is eligible for adoption? A girl or boy can be adopted, if he or she is a Hindu, he or she has not been previously adopted, he or she is unmarried and if he or she is below the age of fifteen. However, if the persons adopting belong to a Hindu community which has a custom or usage permitting persons who are married or have completed the age of fifteen years to be also taken in adoption, then such an adoption is also legal. Can a valid adoption be nullified? No adoption which has been carried out by following valid procedures,

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can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. However, if there is any fraud in the adoption, the Court can nullify such an adoption. Who are the persons legally entitled to give a child in adoption? A father can give a child in adoption only with the consent of the mother. Such consent is not required if the mother has renounced the world, ceased to be a Hindu or is of unsound mind. A mother can give a child in adoption only if the father is dead or has renounced the world or has ceased to be a Hindu or is of unsound mind. A guardian can also give a child in adoption under the following circumstances: If both the parents are dead. If both the parents have abandoned the child. If both the parents are of unsound mind. If the parentage of the child is not known. A guardian can give a child in adoption to any person including himself/herself only with the permission of the court. Are there any restrictions in adoption? A couple cannot adopt a child if they already have adopted or have a child of the same gender. If adopting parents have a living son or daughter they cannot adopt a child of that gender. Thus no Hindu can adopt more than two children, one son and one daughter. A Hindu female adopting a son should be atleast 21 years older than the child. Similarly, if a Hindu male is adopting a female child, he too should be at least 21 years older than the girl.

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