(1) If any difficulty arises in giving effect to the provisions of these rules, - Power to remove the Government may, by order, make such provisions or give such directions not Sfieaice inconsistent with the provisions of the Act or these rules ‘as may appear to it to be necessary or expedient for the removal of the difficulty
Provided that no such power shall be exercised after the expiry of'a period of two years from the date of commencement of these rules
(2) Every order made under this rule shall be laid, as soon as may be after it is made before the State Legislature: :
By order, ARVIND KUMAR, Pramukh Sachiv.
_ FORMI | ~ |Sub-rule (1) of rule 3] ‘PRELIMINARY NOTIFICATION TO CARRY OUT SOCIAL IMPACT ASSESSMENT SIA Notification to original land The State Government intends to acquire the following-lands in consultation with the concerned Panchayat / Municipality. / Municipal Corporation, as the case may be, at village / ward level, in the affected area and carry out a Social Impact Assessment study for public purpose. The study shall be undertaken as per the provisions of section 4 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 + Name of Requiring body 19118 _* Purpose of proposed acquisition of land: + “+ Organization to undertake the study:
* Contact details of the Organization: ~~ as ve _* Land details : हू i :
. District ‘Tehsil - Village < .| * Plot No. _ Area to be acquired - \- + Brief description and benefits arrives from the proposed project:
* - The project area and the affected areas _» Whether consent of Gram Sabhas and/or land owners is required?
* The date of completion of SIA NorE-The details can be had from the office of Collector (for the purpése of acquisition) in all working days.
By order State Government/Collector \WDATA-S\Data 8_D\595 RPH Niyamawali- Rajswa. eng-2016.doc 86 उत्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016 = * - FORM-2 [Sub-rule(1).of rule 5] ‘ Terms of Reference for the Social Impact Assessment The State SIA Agency will review the proposal for land acquisition sent by the Collector and prepare a project-specific Terms of Reference (ToR) which shall include the followings:—
(1) A brief description of the project, project area and the extent of lands Proposed for acquisition;
(2) The objectives of the SIA and all the activities that must be carried out by the SIA team;
(3) Sequencing, schedule and deadlines for.deliverables with dates for the SIA process, based on the size and complexity of the project and land Acquisition and whether consent of Gram Sabhas and/or land owners is Required to be sought. . ~
(4) The appropriate size and profile of the SIA team required (including field Surveyors if - needed) to conduct the SIA for the specific project ;
(5) A project-specific budget ‘based on the ToR, with a clear break-up of Costs for each item/activity
(6) The schedule for the disbursement of funds to the SIA team tied to Clearly ‘defined deliverables in the SIA process
(7) The processing fee will be determined based on the ToR and budget Developed for each specific project and will be based on the size and Location of the project and the land proposed for acquisition. व , FORM -3 E [Sub-rule(5) of rule 6], Format for Social Impact Assessment report A. List of socio-economic and cultural parameters to be covered by the SIA Demographic details of the population in the project area ;
o Age, sex, caste, religion > s o _ Literacy, health and nutritional status - Poverty levels vulnerable groups o Women, children, the elderly, women-headed households, the differently abled ~ Kinship patterns and women’s role in the family _ — * Social and cultural organization Administrative organization Political organization Civil society organizations and social movements ~ Land use and livelihood Agricultural and non-agricultural use Quality of land-soil, water, trees etc.
Livestock है Formal and informal work and employment - Household division of labour and women’s work Migration ; 5 Household income levels Livelihood preferences ‘Food security _____ Local economic activities _ o Formal and informal, local industries x ४० ० 0० 0७ ० ७० ७७ ४७ ७ ० ७ \DATA-SWData 8_D\S95 RPH Niyamawali- Rajswa. eng-2016.doc उत्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016 87 Acess to credit ०0 Wage rates Specific liveihood activities women are involved in Factors that contribute to local livelihoods Access to natural resources Common property resources Private assets Roads, transportation Irrigation facilities Access to markets Tourist sites Livelihood promotion programmes Co-operatives and other livelihood-related associations Quality of the living environment erceptions, aesthetic qualities, attachments and aspirations :
Settlement patterns Houses Community and civic spaces Sites of religious and cultural meetings Physical infrastructure (including water supply, sewage systems etc.)
Public service infrastructure (schools, health facilities, anganawadi centers, public distribution system) o Safety, crime, violence o Social gathering points for women 0 ७9 (७ छ ः छा ७ ७ 0७9 7" 0 :
० 60 .
0- :
0 - ७ 09
0.
७ B. Key impact areas.
Impacts on land, livelihoods and income Level and type of employment Intra-household employment patterns Income levels Food security Standard of living Access and control over productive resources Economiic dependency or vulnerability Disruption of local economy impoverishment risks Women’s access to livelihood alternatives Impacts on physical resources Impacts on natural resources, soil, air, water, forests Pressures on land and common property natural resources for livelihoods Impacts on private assets, public services and utilities Health impacts .
Capacity of existing health and education facilities Capacity of housing facilities Pressure on supply of local services Adequacy of electrical and water supply, roads, sanitation and waste management system Impact on private assets such as bore wells, temporary sheds etc.
Health impacts due to in-migration Health impacts due to project activities with a special emphasis on Impact on women’s health Impact on the elderly \WDATA-S\Data 8_D\S95 RPH Niyamawali- Rajswa. eng-2016.doc 88 उत्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016 Impacts on culture and social cohesion Transformation of local political structures Demographic changes Shifts in the economy-ecology balance Impacts on the norms, beliefs, values and cultural life Crime and illicit activities Stress of dislocation Impact of disruption of family cohesion Violence against women Impacts at different stages of the project cycle The type, timing, duration, and intensity of social impacts will depend on and relate closely to the stages of © the project cycle. Below is an indicative list of impacts Pre-construction phase Interruption in the delivery of services Drop in productive investment Land speculation हे Stress of uncertainty Construction phase Displacement and relocation Influx of migrant construction workforce Health impacts on those who continue to live close to the construction site Operation phase रू Reduction in employment opportunities compared to the construction phase Economic benefits of the project Benefits on new infrastructure New patterns of social organization .De-commissioning phase Loss of economic opportunities Environmental degradation and its impact on livelihoods Direct and indirect impacts “Direct impacts” will include all impacts that are likely to be experienced by the affected families :
____“Indirect impacts” will include all impacts that may be experienced by those not directly affected by the acquisition of land (i.e, Direct land and livelihood losers), but those living in the project area.
Differential impacts ____ Impact on women, children, the elderly and the different abled _____ Impacts identified through tools such as Gender Impact Assessment Checklists, and Vulnerability. and Resilience Mapping Cumulative impacts ____ Measureable and potential impacts of other projects in the area along with the identified impacts of the project in question ____ Impact on those not directly settled. in the project area but ‘based peripherally or even regionally Table of Contents for SIA Report and Social Impact Management Plan \WDATA-8\Data 8_D\595 RPH Niyamawali- Rajswa. eng-2016.doc उत्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016 89 ‘TABLE Chapter Plight yd Executive Summary Project and public purpose Location Size and attributes of land acquisition Alternatives considered Social Impacts Mitigation measures Assessment of social costs and benefits Detailed Project Description Background of the project, including developers background and governance/management structure Rationale for project including how the project fits the public purpose criteria listed in*the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Details of project size, location, capacity, outputs, production targets, cost, risks Examination of alternatives Phases of project construction Core design features and size and type of facilities Need for ancillary infrastructural facilities Work force requirements (temporary and permanent) Details of SIA/EIA if already conducted and any technical feasibility reports Applicable legislations and policies Team composition, approach, methodology and schedule of the SIA List of all team members with qualifications.
Gender experts to be included in team Description and rationale for the methodology and tools used to collect information for SIA Sampling methodology used Overview of information/data sources used.
Detailed reference must be included separately in the forms Schedule of consultations with key stakeholders and brief description of public hearings conducted.
Details of the public hearings and the specific feedback incorporated into the Report must be included in the forms Land Assessment Describe with the help of the maps, information from land inventories and primary sources Entire area of impact under the influence of the project (not limited to land area for acquisition) Total land requirement for the project Present use of any public, unutilized land in the vicinity of the project area Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of \WDATA-8\Data 8_D\595 RPH Niyamawali- Rajswa. eng-2016.doc 90 | SAR प्रदेश असाधारण गजट, 23 नवम्बर, 2016 .
Chapter So ee ee land required for the project Quantity and location of land proposed to be acquired for the project Nature, present use and classification of land and if agricultural land, irrigation coverage and cropping patterns Size of holdings, ownership patterns, land distribution, and number of residential houses Land prices and recent changes in ownership, transfer and use of lands over the last 3 years Estimation and enumeration (where required) of affected families and assets Estimation of the following types of families that are A family which does not own any land but a members of such family may be agricultural labourers, tenents including any form of tenancy or holding of usufruct rights, share croppers or artisans or who may be working in the affected areas for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of the land The Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights Depend on common property resources which will be ‘affected due to acquisition of land for their livelihood Have been assigned land by the State Government or the Central government under any of its schemes and such land is under acquisition Have been residing on any land in the urban areas for proceeding three years or more~prior to the acquisition of the land . Have depended on the land being acquired as a.
primary source of livelihood hood for three years prior to the acquisition Indirectly impacted by the project (not affected directly by the acquisition of own lands) Inventory of productive assets and significant lands Socio-economic and cultural profile (affected area and resettlement site) Demographic details of the population in the project area Income and poverty levels Vulnerable groups Land use and livelihood Local economic activities Factors that contribute to local livelihoods Kinship patterns and social and _ cultural organization Administrative organization Political organization \)DATA-8\Data 8_D\595 RPH Niyamawali- Rajswa. eng-2016.doc ~ \WDATA-8\Data 8_D\S9S RPH Niyamawali- Rajswa. eng-20To. aoc ——— 8_D\S9S RPH Niyamawali- Rajswa. = उत्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016. - 91 Chapter er mney en Community-based and civil society-organisations Regional dynamics and historical change processes Quality of the living environment Social impacts Framework and approach to identifying impacts Description of impacts at various stages of the project’ cycle such as impacts on health and livelihoods and culture. For each type of i