Act 2013 - Department of Land Resources

Src. 2lTHE GAZETTE OF' INDIA EXTRAORDINARY40 of 1996(-zd) "Scheduled Areas,, means the Scheduled Areas as defined in section 2 ofthe Provisions ofthe panchayats (Extension to the Scheduled Areas) Act, 1996;(:e)'.small farmer,'means a cultivatorwith an un-inigated land holding upto twohectares or with an irrigated land holding up to one hecrarJ, but mor€ than tie'holdingofa marginal farmerCHAPTER IIDelsnuttatrolv oF soctAl tMpAcr AND puBl-tc puRposEA._PRELIM INARY INI/ESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AN DPUBLlC PURPOSE4. (/).Whenever the appropriate Govcrnment intends to acquire land for a publicpurpose, it shall consult the concemed panchayat. Municipality or Municipal Corpoiation,as the case may be, at village level or ward level, in rhe affected area and cirry oui a SociaiImpact Assessment study in consultation with them, in such manner and ftom such date asmay be specified by such Government by notification.Preparation ofSocial Impactstudy.(2) The notification issued by the appropriate Government for commencement ofconsultation and ofth€ Social Impact Assessment study under sub_section (/) shall be madeavailable in the local language lo the panchayat, Municipality or Municipai Corporation, as.the case may be, and in the offices ofthe District Coltector,itre SuU-Oirisionai Magistrareand the Tehsil. and shall be published in the affected areas, in such manner as may beprescribed, and uploaded on the website ofthe appropriate Covernment:.Provided that the appropriate Govemment shall ensure that adequate representationhas been given to the representativesofpanchayat, Gram SaUna, fvfunicipality or MunicipalCorporation, as the case may be, at the stage oicarrying out the Social lmpact Assessmentstudy:" , ,ai:"i&9 funher that the appropriate covernment shall ensure rhe completion ofthe50crar rmpact Assessment study within a period of six months from the date of itscommencement.. (3)The Social Impact Assessment study report referred to in sub-section (/) shall bemade available to the public in the manner prescribed under section 6.. (4) The Social lmpact Assessment sludy referred to in sub-section (/) shall, amongstother matters, include all the following, namely:_(a) assessment as to whether the proposed acquisition serves public purpose;(b) estimation ofaffeoed families and the number offamilies among them likelyto be displaced;(c) extent of lands, public and private, houses, settlements and other commonpropenies likely to be aflected by the proposed acquisition;(d) whether the extent of land proposed for acquisition is the absolute bareminimumextent needed for the projeci^ (e).whether rand acquisition at an artenrate prace has been considered and foundnot feasible;.(/) study ofsociar impacts ofthe project, and the nature and cost ofaddressingthem and the impacl of these costs on th; overall costs of the project vli_a-vr thlbenefits ofthe project:Provided that Environmenlal lmpact Assessment stud1,, if any, shall be canied outsimultaneously and shall not be contingent upon the compietion'of the Social ImpactAssessment study.(5) While undertaking a Social Impact Assessment study under sub_section (/), theappropriale Govemment shall, amongst other things, take into consideration the impacl thatthe project is likely to have on various conrponents such as livelihood ofafrected families,public and community properties, assets and infrastructure panicularly roads, public transpon,