Independent Research Project: Final Report Title: Comparative analysis of Resettlement and Rehabilitation Policies in India

XAVIER INSTITUTE OF MANAGEMENT, BHUBANESWAR Independent Research Project: Final Report Title: Comparative analysis of Resettlement and Rehabilitation Policies in India Submitted By Ketaki Narkar Name of the Faculty Guide: Prof. Lata Ravindran

Acknowledgement I would like to express my gratitude to all those who were involved directly or indirectly in helping me towards my Independent Research Project (IRP). I would first like to thank my project guide Prof. Latha Ravindran from Xavier Institute of Management, Bhubaneswar for her help and guidance and her valuable comments and suggestions on my work which helped me in delivering quality and completing this project successfully. I would also thank my colleagues from the Rural Management Programme who helped and supported me throughout this project. I would like to convey my heartfelt thanks to Xavier Institute of Management for giving me an opportunity to work on a topic of my interest and that gave me deeper understanding of the Resettlement and Rehabilitation related issues.

Contents Acknowledgement... 2 Background... 5 Need for the comparative analysis of R&R Policies in India... 7 Scope of the study... 8 Methodology... 9 Comparison of the R&R policies...10 Findings...35 Do these R&R policies really strive to achieve what their own objectives? Are we taking displacement for granted?...35 Utilisation of the land acquired for public purpose...37 Lack of legal support for the affected families...37 Need to consider the different requirements of people affected by different types of projects...38 Guideline for concrete steps to be taken for maintaining good re settler- host relationship...38 Guideline for a detailed R&R plan...38 Gender sensitivity of the policies...39 Sharing of benefits of the project...39 Quality of the R&R work...40 Provision of a separate group of personnel with expertise in R&R in the corporations...40 Monitoring of the R&R project and the grievance redressal...41 Other issues...41 Psychological trauma after resettlement...43 Problems of the second generation of the affected families...44 Employment opportunities for women...44 Environmental impact of the project on the affected community...45 The issue of multiple displacement...45 The option for one time cash assistance...46 Conclusion...46 Scope for future research...47 References...49 Annexure... Error! Bookmark not defined.

Background Displacement due to various development projects has been taking place in India since the preindependence period but hardly any Resettlement and Rehabilitation policy was followed by the British Government then. After independence, as Government of India began with construction of various huge dams and hydro-electricity projects huge masses of people were displaced from their homes involuntarily. In the mineral rich states like Orissa and Jharkhand many villages have been and are still getting displaced due to open cast mining by big corporations. The infrastructure development activities of the government such as construction of roads and railway lines also caused displacement due to linear acquisition of land. Thus millions of people and their families have been getting affected due to the development projects in various ways either due to loss of homestead land, partial or complete loss of agricultural land, loss of livelihood, loss of common property resources, loss of access to forests and other natural resources, the psychological trauma faced while being made to evacuate the home land where people had been living for generations etc. Many a times, the people were also made to evacuate their forcefully and their protest were curbed by using coercive powers. As India did not have any Resettlement and Rehabilitation policy in place many of the displaced persons could not get the benefits of resettlement and rehabilitation. The only Act under which they were entitled to compensation for the land acquired for a public purpose project was the Land Acquisition Act 1894. A study for 1951-1995 completed in six states and other research shows that the real number people who were excluded from getting the benefits of R&R which they were entitled to for the displacements that happened between the years 1947-2000 is probably around 60 million 1 Also, According to an estimate of the Indian Social Institute published in 1995 (Lokayan Bulletin, March-April) about 213 lakh people have been displaced from their sites of livelihood for dams, mines, industries, and wildlife sanctuaries in India from independence until 1990. 2 Finally, after a long time, India came up with the National Policy on Resettlement and Rehabilitation which was formulated by the Ministry of Rural Development in the year 2003 and it came into force w.e.f. February, 2004. Within two years time, the government of India was issued a Draft National Rehabilitation Policy 2006. Before even the national R&R policy came into existence some of the states had their own R&R policies and Acts. In the year1985, Madhya Pradesh enacted a law for resettlement and rehabilitation that did not apply to central government projects but to irrigation and power projects of the state. Karnataka also enacted a rehabilitation law in 1987. 1 (Fernandes, 2004) (www.mcrg.ac.in/globalisation/3%20r%20&%20r%20policy.doc) 2 Globalisation and Land battles by Abhijit Guha http://sanhati.com/wp-content/uploads/2007/10/abhijit_guha_globalization_land_battles.pdf

The Maharashtra government enacted a Rehabilitation Act in 1986. 3 Public sector companies like National Thermal Power Corporation (NTPC) and Coal India Limited (CIL) also came out with their policies in 1993 and 1994 respectively. 4 The Orissa state, though a very large number of displacement has taken place in it and many incidences of protest by affected communities and of violence against those protesting against displacement, came up with a draft policy in the year 2005 which was gazetted in the year 2006. Government of Andhra Pradesh came out with a Policy on Resettlement and Rehabilitation (R & R) for the Project Affected Families on 8th April 2005. 5 Jharkhand, yet another state besides Orissa where in a lot of displacement has been taking place due to mining and other industrial projects came up with an R&R policy very late i.e. on July 16 in the year 2008. Chhattisgarh came up with an R&R policy in the year 2007 i.e. 7 years after its bifurcation from Madhya Pradesh in 2000. Some of the states do have R&R policies but which are very sector specific and hardly comprehensive. The state of Himachal Pradesh has an R&R policy for its World Bank funded road sector project. 6 Haryana has a SEZ policy which came into force in the year 2006. This policy deals only with acquisition of land for private development and in public private partnership for setting up of Special Economic Zones, Technology Cities, Industrial Parks and Industrial Model Townships. Punjab has an R&R policy particularly for the Punjab state road sector project. 7 The state of Tamil nadu also has a policy only for R&R for state road sector projects and the Resettlement and Rehabilitation Bill was expected to be tabled in the parliament in the year 2009. The state of Uttarakhand has an R&R policy for the Tehri Dam and HPP Corporation Ltd s hydro projects. The state of Kerala has an R&R policy for its fast track projects in the transport sector. The others states seem to be still reluctant about the formulating an R&R policy though development projects are coming up at a faster rate than before. Some of the states like Tamil Nadu are following the guidelines of the National resettlement and rehabilitation policy for it R&R of the project but the need for a 3 Legal notings on involuntary displacement, rehabilitation and large dams - M.K. Ramesh (http://www.nls.ac.in/cgi-bin/ceera/ceera_in.pl?filename=art_envdev.pl) 4 (http://www.lawyersclubindia.com/articles/rehabilitation-and-resettlement-of-displaced-person- DUE-TO-D/1471/) 5 Rehabilitation of Displaced People in Irrigation Projects: Policies and Practice with Reference to Andhra Pradesh (hyderabad.sancharnet.in/rvrmohan/article_rehabilitation_issues.rtf ) 6 R & R Principles, Policy Frame Work & Entitlement Matrix For World Bank Funded State Roads Project (http://himachal.nic.in/hpridc/r&r_eng.pdf) 7 Resettlement and Rehabilitation (R&R) Policy Framework for the Punjab state road sector project (www.prbdb.gov.in/files/bceom/fdr/.../pn%20social-1.pdf)

separate R&R policy for each state cannot be denied considering vastly different geographic, demographic and social situation in different states of India. Need for the comparative analysis of R&R Policies in India With the background given in the beginning of the paper above, it becomes quite evident that our overall progress in terms of developing R&R policies for development projects is still in its initial phase. With the national Resettlement and Rehabilitation policy coming into place quite recently and with the great amount of critique being done by the social activists, sociologists, citizen sector representatives and the affected community representatives themselves, we can see that there is lots of scope for the R&R policies to improve. Some of the states and corporations have come up with their R&R policies even before the Central Government came up with the National R&R policy and some states formulated their policies in line with the National R&R policy recently. Thus it would be very interesting to study how the states have formulated policies giving priorities to the problems and issues very specific to their own situation and whether some states have tried to customise the National Policy to the situations specific to their own state while formulating their separate policy based on the National R&R Policy. Such a study would be an exercise to learn some of the very important lessons about R&R Policies which could be useful while for providing inputs for formulation of R&R policies for the other states which do not have one yet. It will also be useful for making some improvements in the policies which exist at present. Some of the states having some key similarities can definitely learn from the R&R Policies of each other. Also the existing R&R policies are ultimately going to be the basis for formulating a Law regarding Resettlement and Rehabilitation due to development projects thus the flaws in the policies will get incorporated into the Act as well whenever it comes into place. Thus, it becomes necessary to carry our studies on the R&R policies in order that we have all the necessary provisions and improvements made in the policy before formation of an Act based on it is proposed. If the necessary changes are not made in the R & R policies, the shortcomings of the policy will get translated into the Rehabilitation Act that may come into place in future. Thus it should be a matter of concern for all to make sure that the states can learn from the experience of the policies in other states, the National Policy should incorporate the learning from the state policies so that the national legislation on rehabilitation does not have the same shortcomings as the policy.

Scope of the study The project involves a comparative analysis of the Resettlement and Rehabilitation policies in India. The National Resettlement & Rehabilitation Policy of India, the Resettlement & Rehabilitation policies of the states and specific project R&R policies or R&R policies followed by companies in India are compared and analysed. The study will involve a comparison of the policies based on various parameters of the provisions in the policies and an attempt is be made to critically analyse the policies. For the purpose of this research project, I have not considered the policies for a particular sector project such road sector project are not considered. The rehabilitation policies only for the displacement caused due to development projects are considered and not the ones for displacement due to disasters. Also, the R&R Acts of the states Maharashtra, Karnataka and Madhya Pradesh were not taken into account. Among the sample of policies chosen for comparison, I have tried to include 3 policies of the states and 2 policies formed by the corporations. Specifically I will be comparing the following policies, 1. National Rehabilitation Policy 2006 2. Government Of Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families 3. Orissa Resettlement and Rehabilitation Policy,2006 4. Jharkhand Rehabilitation And Resettlement Policy- 2008 (JRRP- 08) 5. Resettlement and Rehabilitation Policy of Coal India Limited (May 2008) 6. National Thermal Power Corporation's Policy on Resettlement & Rehabilitation (June 2005) In the beginning, I have presented the findings of the comparison of the above R&R Policies based on various parameters. The parameters used are basically the various issues regarding resettlement, rehabilitation benefits and compensations which the project affected people are entitled to. I have presented whether there are any provisions in the policies that address the selected issues and what provisions in the policies address them. The broad headings of the parameters used for compare the policies are as follows, A) Survey and identification of affected people B) R&R planning C) Resettlement

D) Rehabilitation E) Gender sensitivity F) Benefits for those affected by the project due to loss of livelihood G) Provisions for those affected by linear acquisitions H) Special provisions for STs, indigenous tribes I) Provision for landless/homestead less encroachers J) Updating the land records K) Mechanism for monitoring of the R&R project In the next part of the paper, I have done the critical analysis of some of the important issues based on which the provisions in the policy are compared in the first part. I have also tried to identify some of the things which are lacking in all the policies in general. Methodology For the above study the methodology followed will be mainly to study the various R&R policy documents published on the internet and policy review articles by experts on R&R policies in India.

Sr.no Comparison of the R&R policies Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. A) Survey and identification of affected people 1 Declaration of affected zones 2 Conduction of survey (when and by whom?) If it displaces 400 or more families in plain areas, or 200 or more families in tribal or hilly areas When?- It should be completed expeditiously and within a period of ninety days from the date of declaration of land acquisition By whom?- Administrator of R&R Lays down the details of the things to be covered in the SES There is no such ceiling for declaration of affected zone When?-Within two months of publication of notice for acquisition of land. By whom?- independent agency to be identified by the Government It does not give a detailed guideline regarding the things that should be covered under the survey. If it displaces 100 or more families in plain areas, or 25 or more families in tribal or hilly areas When?- It should be completed expeditiously and within a period of ninety days from the date of declaration of land acquisition By whom?- Administrator of R&R Lays down the details of the things to be covered in the SES There is no such ceiling but the resettlement colony will be considered only if the PAPs 100 or more When?- within a period of 6 to 9 months from the date of declaration of land acquisition By whom?- professional agency Lays down the details of the things to be covered in the SES If it displaces one hundred or more families en masse in any area. When?- within a period of 60 days from the date of declaration of land acquisition By whom?- Administrator of R&R Lays down the details of the things to be covered in the SES There is no such ceiling for declaration of affected zone When?-within 6-9 months By whom?- reputed outside institution Does not lay down the detailed guideline for the things covered in the SES Table.1.1

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. A) Survey and identification of affected people 3 Getting approval to the findings of the survey The findings of the survey will be published to invite objections and suggestions. The list of displaced families needs to get approval from RPDAC The findings of the survey will be published to invite objections and suggestions. The findings of the survey will be published to invite objections and suggestions and the VDAC will be consulted The findings of the survey will be published to invite objections and suggestions. The findings of the survey will be published to invite objections and suggestions. Table 1.2

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. B) R&R planning 1 Particulars of the R&R plan 2 Participation of PAFs in project planning The policy gives a guideline about the particulars of the draft R&R plan. An R&R committee is formed to monitor and review the progress of implementation of plan of R&R which will include representative of women, SCs, STs, voluntary organisations, chairperson of PRIs, MPs and MLAs The policy does not give a guideline about the particulars of the draft R&R plan. Rehabilitation-cum- Periphery Development Advisory Committee (RPDAC) will be formed for monitoring of the project which will include people's representatives, one or two leading NGOs select Government officers, and any other persons to be notified by the Government with due representation of women and indigenous community. The policy gives a guideline about the particulars of the draft R&R plan. An R&R committee is formed to monitor and review the progress of implementation of plan of R&R which will include representative of women, SCs, STs, voluntary organisations, chairperson of PRIs, MPs and MLAs The policy gives a guideline about the particulars of the draft R&R plan. Suggests formation of Village Development Advisory Committee on the lines of RPDAC which will be consulted for the process of planning.representatives of PAPs, Gram Panchayats, Block Development Officer, other representatives of State Government and NGOs will be the members of it. The policy gives a guideline about the particulars of the draft R&R plan. An R&R committee at project level will be formed and will be consulted in preparing the draft R&R plan. The policy gives a guideline about the particulars of the draft R&R plan though it is not much in detail There is no such provision in the policy Table 2.1

Sr.no Parameters for comparison NRRP 2006 B) R&R planning 3 Selection of site for resettlement There is no specific mention of such a provision about consultation of the community in site selection for resettlement. 4 Awareness building There is no mention of a communication plan for awareness building in the affected zone. Orissa Resettlement and Rehabilitation Policy,2006 The policy has a provision which says that the site for the resettlement habitat shall be selected by the RPDAC in consultation with the displaced families. Provision for a comprehensive communication plan for awareness creation in the affected area. Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families There is no specific mention of such a provision about consultation of the community in site selection for resettlement. There is no mention of a communication plan for awareness building in the affected zone. NTPC's Policy on resettlement and rehabilitation, 2005 There is no specific mention of such a provision about consultation of the community in site selection for resettlement. There is no mention of a communication plan for awareness building in the affected zone. Jharkhand State R&R Policy 2008 There is no specific mention of such a provision about consultation of the community in site selection for resettlement. There is no mention of a communication plan for awareness building in the affected zone. Resettlement and rehabilitation policy of Coal India Ltd. There is no specific mention of such a provision about consultation of the community in site selection for resettlement. There is no mention of a communication plan for awareness building in the affected zone. Table 2.2

Sr.no Parameters for comparison B) R&R planning 5 R&R budgeting Table 2.3 NRRP 2006 The policy mentions that 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 entire expenditure for R&R will be borne by the project authority. Orissa Resettlement and Rehabilitation Policy,2006 The policy does not mention very specifically that cost of R&R should be an integral part of the project cost. Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families The policy mentions that 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 entire expenditure for R&R will be borne by the project authority. NTPC's Policy on resettlement and rehabilitation, 2005 Budget for RAP will be part of the capital cost of the project. Jharkhand State R&R Policy 2008 The policy mentions that 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 entire expenditure for R&R will be borne by the project authority. Resettlement and rehabilitation policy of Coal India Ltd. The policy does not mention very specifically that cost of R&R should be an integral part of the project cost.

Sr.no Parameters for comparison C) Resettlement 1 Land based resettlement NRRP 2006 Those who have lost all of their agricultural land due to acquisition will be given on replacement cost basis, agricultural land or cultivable wasteland subject to the (maximum of one hectare of irrigated land or two hectares of un-irrigated land/cultivable wasteland) Orissa Resettlement and Rehabilitation Policy,2006 Only in case of the irrigation/national parks and sanctuary projects, ST families getting displaced will be provided 1 ha of irrigated or 2 ha of non-irrigated land. All other categories of displaced families will be provided 2 acres of irrigated or 4 acres of non irrigated land. Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families Allotment of Government land to PAFs, who become Small, or Marginal farmers or Landless after acquisition, in lieu of Acquired land-restricted to an extent of land acquired from PAF or 2.5 Ha of dry or 1.25 Has wet land which ever is lesser NTPC's Policy on resettlement and rehabilitation, 2005 Available for those who have lost their land completely or partially.maximum of one Ha of irrigated land or two Ha of unirrigated/cultivable wasteland subject to availability of Government land in the districts. Jharkhand State R&R Policy 2008 It does not talk about replacement of land for those who have lost agricultural land due ot acquisition. (It only talks about replacing the homestead land nad 1/10th of the land lost to project townships) Resettlement and rehabilitation policy of Coal India Ltd. It does not talk about replacement of land for those who have lost agricultural land due ot acquisition. 2 Assistance for temporary shed 3 Transportation allowance Table 3.1 There is no provision for assistance for temporary shed to the displaced families. Will be given on actual cost basis An assistance of Rs.10,000/- shall be provided to each displaced family Rs. 2000 per displaced family There is no such mention in the policy Rs. 5000 per displaced family Will be provided in the case of acquisition of land in emergent situation such as Section 17 of the LAA 1894 Actual cost of transportation or a lumpsum grant of Rs. 20,000/- There is no such mention in the policy but it says that No physical displacement shall be made before the completion of resettlement work One-time financial assistance of Rs. 15000 per displaced familiy There is no such mention in the policy One-time financial assistance of Rs. 10000 per displaced familiy

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. D) Rehabilitation 1 Provision for Homestead land/ self resettlement 2 Grant for house construction 3 Cash assistance for land development and agricultural production Table 4.1 Not more than 150 sq. mt. of land in rural areas and 75 sq. mt. of land An amount not less than what is offered under any house construction programme of government In case waste land/degraded-one time financial assistance of Rs.10000 per ha In case of agricultural land-rs. 5000 per ha At least 0.1 acre(400 sq.mtr) Rs.150000 for each displaced family If, in case of nonavailability of land, a cash equivalent is given then it would include cost of reclamation of land.(in case of irrigation/national parks and sanctuary projects) Not more than 150 sq. mt. of land in rural areas and 75 sq. mt. of land Rs.40000 for BPL category family There is no such mention in the policy 200 sq. mt or financial assistance for self resettlment of min Rs.50000 to max Rs. 100000 fixed resettlement grant of Rs 30,000/- inclusive of assistance for cattle shed Rs.10000 per acre for any land Not more than 0.1 acre(400 sq.mtr) in rural and 200 sq.mtr in urban areas or onetime financial assistance of Rs. 3.00 lacs for self resettlement The requiring body shall construct on the allotted house site a pucca house or an assistance of Rs. 3 lacs There is no such mention in the policy 100 sq.mtr per family There is no such mention in the policy There is no such mention in the policy

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. D) Rehabilitation 4 Subsistence allowance 5 Assistance for cattle shed 6 Employment opportunities Table 4.2 Equivalent to 20 days minimum agricultural wages per month for a period of one year. Rs.3000 per family to each affected family having cattle. One member each of the nuclear family will be given employment by in the project. Those who cannot be given employment will be entitled to a rehabilitation grant equivalent to 750 days minimum agricultural wages. Rs.2,000/- per month per displaced family for one year No provision for such assistance. One member of each original family (in case of industrial project) and one member each of nuclear family (in case of mining project) getting displaced/affected by the project will be given employment. If such employment could not be provided then cash compensation should be given to the family. One time assistance equivalent to 240 days of minimum agricultural wages Rs.3000 per family to each affected family having cattle. NIL equivalent to 20 days of Minimum Agricultural Wages per month for a period of one year up to 250 days of wages Rs 5000 included in the resettlement grant It is not considered as a rehabilitation option but PAPs will be given preference when such opportunities are available Equivalent to 25 days minimum agricultural wages per month for a period of one year Rs. thirty five thousand rupees per affected family having cattle At least one eligible person per affected family will be ensured employment Equivalent to 25 days minimum agricultural wages per month for a period of one year or one time amount of Rs. 100000 Rs. 15000 for each displaced family One job per 2 acres of land acquired and land losers will be given preference when there is direct employment from outside.

Sr.no Parameters for comparison D) Rehabilitation NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. 7 Compensation in lieu of employment Table 4.3 Rehabilitation grant equivalent to 750 days minimum agricultural wages if neither land nor employment could be provided. One time cash assistance from 1 lakh to 5 lakh depending upon the category to which they belong formed based on the proportion of land lost to the project 750 days minimum agricultural wages if a land owner becomes land less,500 days minimum agricultural wages if land owner becomes marginal farmer,375 days minimum agricultural wages if land owner becomes small farmer, 625 days of the minimum agricultural wages to agri/non agri labourer There is no such provision in the policy. Annuity policies that will pay an amount not less than one thousand rupees per month per acre of land lost due to acquisition for 30 years or until the employment is provided Rs. 200000 for first acre of land, Rs. 150000 for second and third acre of land,rs. 100000 for more than 3 acres of land

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. D) Rehabilitation 8 Opportunities for self employment Each rural artisan, small trader or self employed person will get a one-time financial assistance of Rs. 10000 for setting up a shop/workshop unit. Training facilities will be provided for developing entrepreneurial skills Shops and service units will be constructed by the project authorities for the families opting for self employment(in case of mining & industrial projects) Vocational training for one member each of the displaced family and skill up gradation for those engaged in traditional occupations(in case of industrial and mining projects only) Each rural artisan, small trader or self employed person will get a onetime financial assistance of Rs. 25000 for setting up a shop/workshop unit. There is no such provision in the policy. It is not considered as a rehabilitation option but PAPs will be given preference when such opportunities are available and the PAPs having a shop in affected area will be given a one time financial assistance of Rs 15,000/, The PAPs will be given preference for allotment of shops in townships when the applications are invited. skill upgradation through various training schemes and training, scholarship and/ or reimbursement of tuition fees for promoting education institutes of NTPC/ State Govt Displaced person who is a trader and has pucca shop shall get a one-time financial assistance of Rs. 50000 Training facilities for development of entrepreneurship, technical and professional skills for self employment Share croppers, tenants, land lessees, daliy laboursand landless tribals will be assisted for non farm self employment, will be given preference in contracts Training institutions will be developed but as a part of CSR activities and not an R&R benefits Table 4.4

Table 4.6 Sr.no Parameters for comparison D) Rehabilitation 10 Sharing of benefits of the project NRRP 2006 20% of the rehabilitation grant (equivalent to 750 days minimum agricultural wages) amount in the form of shares in the company to the PAFs. In the case of land development projects, in lieu of land-for-land or employment, AFs would be given a site or apartment within the development project. Orissa Resettlement and Rehabilitation Policy,2006 In case of industrial & mining projects,the project authority may issue Convertible Preference Share(s) or Secured Bond(s) up to a maximum of 50% out of one time cash assistance(which may be given in lieu of employment in some cases).8.i(c) Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families There is no such provision in the policy. NTPC's Policy on resettlement and rehabilitation, 2005 There is no such provision in the policy. Jharkhand State R&R Policy 2008 1 % of annual net profit of the project in monetary terms will be distributed every year to the affected families and an option ot take 50% of th ecompensation in the form of shares of the company Resettlement and rehabilitation policy of Coal India Ltd. There is no such provision in the policy.

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. D) Rehabilitation 11 Provision for basic infrastructural facilities at the resettlement site The policy states that comprehensive infrastructural facilities and amenities notified by the Appropriate Government will be provided at the resettlement site. There is no specific mention of such a provision Drinking water, Internal roads, Drainage, Electricity, Primary School Building, playground, Community center and access road to the resettlements site should be provided Shall be considered in the colony where more than 25-30 families have resettled and a suggestive list of the facilities is also provided. 80% subsidized treatment in project hospitals, scholarships and other assistance in education Comprehensive infrastructural facilities and amenities notified by the appropriate Government shall be provided in cases of displacement of 100 or more families and basic infrastructural facilities for less than 100 families getting displaced Drinking water, Pucca drain,pond Drainage, Electricity,, road wth street light, grazing land,playground should be provided Table 4.7

r.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. ) Rehabilitation 2 Cultural rehabilitation 1.The policy states that the population belonging to a particular community should be shifted in a compact area so that cultural relations among them are not disturbed 1. The policy mentions the need to resettle indigenous communities in a compact area as far as possible. 1.The policy states that the population belonging to a particular community should be shifted in a compact area so that cultural relations among them are not disturbed Provision for their community and religious gatherings in the colony 1.The policy states that the population belonging to a particular community should be shifted in a compact area so that cultural relations among them are not disturbed and free of cost land for community gatherings Community center and place of worship would be provided 3 Dovetailing of other schemes There is no mention of dovetailing of other normal development programmes along with the R&R package in the resettlement area. Provision for dovetailing of other normal development programmes along with the R&R package in the resettlement area. There is no mention of dovetailing of other normal development programmes along with the R&R package in the resettlement area. There is no mention of dovetailing of other normal development programmes along with the R&R package in the resettlement area. The State Government shall ensure that a resettlement area forms part of a gram panchayat or municipality. There is no mention of dovetailing of other normal development programmes along with the R&R package in the resettlement area. Table 4.8

Table 4.9 Sr.no Parameters for comparison D) Rehabilitation 14 Provisions to ensure sound relationship with the host community NRRP 2006 The policy only mentions that affected families should be resettled on the basis of equality, mutual understanding, consistent with the desire of each group to preserve its own identity and culture. It is the responsibility of administrator of R&R. The same infrastructure facilities and basic amenities provided to the resettled community will also Orissa Resettlement and Rehabilitation Policy,2006 This policy also mentions that steps should be taken by the Project authority to ensure cordial relationships with the host community. It is the responsibility of the project authority There is no such provision to provide similar infrastructure & basic amenities to the host community as well. Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families The policy only mentions that affected families should be resettled on the basis of equality, mutual understanding, consistent with the desire of each group to preserve its own identity and culture. NTPC's Policy on resettlement and rehabilitation, 2005 Similar infrastructural facilities for the host community where the oustees have resettled Jharkhand State R&R Policy 2008 Similar infrastructural facilities for the host community where the oustees have resettled Resettlement and rehabilitation policy of Coal India Ltd. Similar infrastructural facilities for the host community where the oustees have resettled

be provided to the host community.

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. E) Gender sensitivity 1 Allotment of land in the name of women The policy mentions that the land allotted may be in the joint names of wife and husband of AF. There is no such mention in the policy. The policy mentions that the land allotted may be in the joint names of wife and husband of AF. Land title for the plot allotted shall be transferred in the joint name of allottee and his/her spouse Land title for the plot allotted shall be transferred in the joint name of allottee and his/her spouse Land title for the plot allotted shall be transferred in the joint name of allottee and his/her spouse 2 Adult female s right to get compensation Unmarried daughter is not treated as a family A widow/divorcee is considered a separate family Unmarried daughter / sister more than 30 years of age is considered as a separate family A widow/divorcee is considered a separate family Unmarried daughter/widow/women divorcee is not considered as a separate family Unmarried daughter / sister more than 30 years of age, widow are considered a separate family unmarried women of more than 30 years of age,a widow is considered a separate family Unmarried daughter/widow/women divorcee is not considered as a separate family 3 Employment opportunities for women There is no provision for providing income generating opportunities for women There is no provision for providing income generating opportunities for women There is no provision for providing income generating opportunities for women There is no provision for providing income generating opportunities for women There is no provision for providing income generating opportunities for women There is no provision for providing income generating opportunities for women Table 4.10

Sr.no Parameters for comparison G) Benefits for those affected by the project due to loss of livelihood NRRP 2006 R&R benefits are for all the Affected Families which include all the families whose place of residence or other properties or source of livelihood are substantially affected by the process of acquisition of land for a project or otherwise. Orissa Resettlement and Rehabilitation Policy,2006 The R&R benefits are only for the displaced and other families which includes those losing agricultural land but not home stead land. Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families R&R benefits are for all the Affected Families which include all the families whose place of residence or other properties or source of livelihood are substantially affected by the process of acquisition of land for a project or otherwise. NTPC's Policy on resettlement and rehabilitation, 2005 R&R benefits are for all the project affected families either losing their land partially or completely or those who are dependent for livelihood on the land lost in the project. Landless affected families are also given incentives to buy land upto 1 acre. Jharkhand State R&R Policy 2008 Those deprived of their livelihood due to land acquisition for the project are eligible for R&R benefits Resettlement and rehabilitation policy of Coal India Ltd. It merely says that attempts will be made that the women get equal access ot the income generating activities H) Provisions for those affected by linear acquisitions Only an ex-gratia amount of Rs.10000 will be given but no other R&R benefits are available to those displaced by linear projects. R&R benefits such as homestead land, house building assistance and employment to one of the members of displaced family are available to those displaced by linear projects. Linear projects also included in the definition of project during the modifications made in 2008 NA There is no specific mention in the policy about it NA Table 5.1

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. I) Provision for landless/homestead less encroachers Landless/homestead less encroachers are not eligible for R&R benefits. An ex-gratia equal to compensation admissible under the LAA, 1894 for a similar category of land will be given to a landless/ homestead less family affected by the project. Squatters will be allotted (i) Dwelling house site free of cost (ii) Site for shop 30 sq. meter in rural areas 25 sq. Meter in urban areas, free of cost according to modifications made in 2008 Agricultural and non agricultural labourers including squatters and encroachers not owning land are eligible for R&R benefits Landless person (not having homestead land, agricultural land, or either homestead or agricultural land) is eligible for R&R benefits. affected family below poverty line which is without homestead land will be entitled to a house of minimum 55 square metre carpet area Homestead less and land less person is eligible for resettlement benefits. Share croppers, land lessees, tenants and day labourers, tribals dependant on forest produce are eligible only for economic rehabilitation benefits.

J) Multiple Displacement There is no additional compensation in such a case. 50 % additional compensation will be paid over and above the normal compensation There is no additional compensation in such a case. There is no additional compensation in such a case. There is no additional compensation in such a case. There is no additional compensation in such a case. Table 5.3

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC Jharkhand State R&R Policy 2008 Resettlement and rehabilitation policy of Coal India Ltd. I) Special provisions for STs, indigenous tribes 1 Special provisions for STs, indigenous tribes Formulation of Tribal Development Plan and settling of land rights. ST and SC families will be given preference in allotment of land. Emphasizes on the need to resettle them in compact area. Tribal families resettled outside the district shall be given 25 percent higher R&R benefits. While allotting shop and services units, preference will be given to members of displaced SC & ST families. Indigenous displaced families resettled outside the district shall be given 25 percent higher R&R benefits preferential allotment of land. It emphasizes the need for resettlement in a compact area close to their natural habitat, respect for their socio-cultural norms. 2 Compensation for CPRs Each tribal affected family will get an additional one-time financial assistance equivalent to 500 days minimum agricultural wages for loss of customary rights/usages of forest produce. There is no such compensation given for loss CPRs. ST and SC families will be given preference in allotment of land. Emphasizes on the need to resettle them in compact area. Tribal families resettled outside the district shall be given 25 percent higher R&R benefits. Each tribal affected family will get an additional one-time financial assistance equivalent to 500 days minimum agricultural wages for loss of customary rights/usages of forest produce. Resettlement close to their natural habitat in a compact block to the extent possible and PAPs resettled out of the district/taluk will get 25% higher R&R benefits Additional financial assistance equivalent to 500 days Minimum Agricultural Wages, also remedial measures will be taken in case CPRs are adversely affected due to the project Resettlement close to their natural habitat in a compact block to the extent possible and SCs, STs resettled out of the district/taluk will get 25% higher R&R benefits a programme for development of alternate fuel, fodder and NTFP resources There is no such compensation given for loss CPRs. Resettlement close to their natural habitat in a compact block to the extent possible, STs resettled out of the district/taluk will get 25% higher R&R benefits One time financial assistance of 500 days of minimum agricultural wages Table 5.4

Sr.no Parameters for comparison NRRP 2006 Orissa Resettlement and Rehabilitation Policy,2006 Andhra Pradesh Resettlement And Rehabilitation Policy 2005 For Project Affected Families NTPC's Policy on resettlement and rehabilitation, 2005 Jharkhand State R&R Policy Resettlement and 2008 rehabilitation policy of Coal India Ltd. L) Mechanism for monitoring of the R&R project Mechanism for monitoring of the R&R project For reviewing and monitoring the progress of implementation of resettlement and rehabilitation a national monitoring committee will be established. A state level council will be formed to review and monitor the progress of R&R of the project. A state level council will be formed to review and monitor the progress of R&R of the project. A state level council will review and monitor the progress of R&R of the project. A state level council will be formed to review and monitor the progress of R&R of the project. There will be separate project group that will also take care of monitoring and evaluation of the project. Table 5.5