In
supersession to all earlier instructions issued in this regard,
Government, after careful consideration, have been pleased to
approve the following guidelines regulating rehabilitation and
resettlement of families/persons displaced/affected due to acquisition
of land for Kalinganagar Integrated Industrial Complex at Duburi
in the district of Jajpur.
1.
Short title and commencement: -
(a) These guidelines shall be named "Guidelines regulating
rehabilitation and resettlement of families/persons displaced/affected
due to acquisition of land for Kalinganagar Integrated Industrial
Complex at Duburi in the district of Jajpur."
(b) They shall come into force with immediate affect.
2. Definition of family for the purpose
of rehabilitation: -
(a) The family in relation to a displaced person would mean: -
(i) Husband and wife, as the case may be, and their unmarried
children but does not include a major son (s) who have 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/village.
In such a case, the major son (s) shall be treated as a separate
family.
(ii) The unmarried daughter above 30 years of age will be treated
as separate family for the purpose of rehabilitation benefits.
(iii) An identity card to such displaced family shall be issued
by the Collector, Jajpur under joint signature of the Collector,
Jajpur and the Head of the family concerned indicating all detailed
particulars as per the format given below: -
I. Name of the village/G.P/P.S.
II. Name, Father's name and address of the Head of the family.
III. Name of other member in the family with indication of the
nominee who may be offered a job in the project.
IV. Whether S.C/S.T/S.E.B.C/Unreserved.
V. Passport size photograph to be affixed herewith attested
by Collector or his authorised officer.
Signature
of the Head of the family. |
Signature
of the Collector.
|
3.
Determination of number of displaced persons: -
A Committee consisting of the representatives of the Steel Plants,
IDCO and State Government (Collector of the District or his representative)
shall conduct joint enquiry to determine the number of displaced
persons following the eligibility criteria laid down in para 4
of this policy. For such determination , the cut off date shall
be1.1.2005.
4. Eligibility criteria for determining
displaced families: -
A family/person shall be considered to have been displaced and
will be eligible for rehabilitation benefits if: -
(a) All the land of the family has been acquired;
(b) More than 1/3rd of the land along with homestead land has
been acquired;
(c) Only homestead land has been acquired; and
(d) Homesteadless persons and landless persons residing in the
village who have been/are likely to be displaced.
5. Procedure for providing employment/ self
employment: -
A. Permanent residents of Orissa shall be
given preference by the Company for employment /self-employment. The
Companies setting up the Industrial projects at Kalinga Nagar
will have to give preference to the nominated one member of each
displaced family in providing employment either in the industry
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 the land and
homestead land;
(c) Displaced families losing more than 1/3rd of the land and
homestead
land;
(d) Other displaced families.
B. For nominated member of displaced families not provided with
employment in the manner indicated above, the companies will assist
in their self- employment through allotment of shops, service
premises and other activities in the company's township or otherwise.
C. The company shall provide, appropriate training facilities
to the nominated persons of the displaced families to acquire
skill as required for such employment.
6. Procedure for providing cash assistance
in lieu of employment/self-employment:-
(i) The companies setting up their industrial projects at Kalinganagar
shall provide one-time cash assistance in lieu of employment to
the families who do not want to avail such employment or self-employment
as mentioned in times A and B of para 4 above. This one time cash
assistance will be available in the following manner:-
(a) Displaced families losing more than 2/3rd of their agricultural
land and entire homestead land shall receive Rs.2.00 lakh per
family;
(b) Displaced families losing more than 1/3rd but less than 2/3rd
of their agricultural land and entire homestead land shall receive
Rs.1.00 lakh per family;
(c) All other displaced families will get cash assistance of Rs.50,000/-
per family. Provided that where employment/self employment could
not be provided to such displaced families who opted for the same,
the reasons thereof should be recorded in writing and the same
should be placed before the RAC in their next meeting whose decision
in this regard shall be final and binding.
7. Homestead land for displaced families: -
Each displaced family will be given 1/10th acre of land for homestead
purpose, free of cost, with developed infrastructure in the rehabilitation
colony.
8. Rehabilitation Colony:-
Roads, community centers, school buildings, water supply facilities,
electrical facilities, dispensary and other facilities of a model
colony have to be provided as a part of infrastructure development.
9. Self-rehabilitation: -
Each of the displaced family which opts to make its own rehabilitation
elsewhere than in the rehabilitation colony will be given cash
grant of Rs.50,000/- (Rupees fifty thousand) only towards self-rehabilitation.
10. Assistance for setting up of temporary
shed: -
A sum of Rs.5000/- (Rupees five thousand) only is to be paid to
each displaced family setting up of temporary accommodation.
11. House Building Assistance to Displaced
Families:-
All the companies setting up their industrial projects after NINL
and MISL in Kalinganagar shall provide House Building Assistance
of Rs.50,000/- (Rupees fifty thousand) only to each of the displaced
families, the number of which will be updated based on the enumeration
made in the year 1996. Such assistance shall be over and above
all other rehabilitation assistance provided to such displaced
families. This grant would, however, be deposited by the companies
with the Collector of the concerned district in full within 10
days of issue of notification of actual date of vacation by the
Collector.
Provided that such house building assistance shall be released
by the Collector concerned in three installments with first two
installments each of Rs.15,000/- (Rupees fifteen thousand) only
and the third and final installment of Rs.20,000/- (Rupees twenty
thousand) only depending upon the progress of the construction
of the house by the beneficiary.
12. Benefits to eligible encroachers: -
It has come to the notice of Government that encroachments are
subsisting on lands proposed to be transferred for the Kalinganagar
Integrated Complex and some of these encroachers have erected
structures over the encroached land. According to the provisions
of the O.P.L.E Act, 1972, if an encroachment is un-objectionable,
then an extent of one standard acre can be settled for agriculture
purpose with the landless encroachers. However, the extent of
such land shall be reduced in proportion to the extent of land
already held by such encroachers or by other members of his family.
Besides, homesteadless encroacher is also eligible for settlement
up to 1/10th of acre for homestead purpose, if the encroachment
is found un-objectionable under the provisions of O.P.L.E Act,
1972. Taking the above aspects into consideration and in order
to provide relief to the encroachers who have to face displacement
from Government lands on account of the execution of the Kalinganagar
Integrated Industrial Complex. Government have been pleased to
decide as follows:
(a) Encroachers who are landless (as defined in O.P.L.E Act,
1972) will get ex-gratia /one time solatium equal to compensation
admissible under L.A.Act, 1894 for a similar category of rayati
land for a maximum of one standard acre if the encroachment is
unobjectionable irrespective of the fact whether encroacher is
pre-1980 and/or post-1980.
(b) Encroachers who are homestead less (as defined in O.P.L.E
Act, 1972) will get ex-gratia equal to compensation in respect
of 1/10th of an acre of un-objectionable encroached land as admissible
under L.A Act, 1894 for a similar category of rayati land and
in additional payment of Rs.10,000/- (Rupees ten thousand) only
or actual value of the structure which is more. Besides they will
get 1/10th of an acre per family for homestead purpose in one
rehabilitation colony .
(c) The families who have put up dwelling houses on encroached
Government land recorded as forest, will also be paid ex-gratia
amount for the land encroached by them as 'Gharabari' to the extent
of maximum area of 1/10th of an acre. For this purpose, the enumeration
list prepared in 1996 shall be referred to.
(d) Eligibility for ex-gratia payment from (a) to (c) will be
determined by Collector, Jajpur under the supervision of R.D.C.
(C.D), Cuttack.
13. Payment of Ex-Gratia to displaced families:-
As a measure of benevolence, ex-gratia @ Rs.25,000/- (Rupees twenty
five thousand) only per acre will be paid over and above the compensation
determined under the L.A. Act, 1894. This will be applicable to
all lands acquired/to be acquired in the Kalinganagar Integrated
Industrial Complex except for the land already acquired for M/S
Neelachal Ispat Nigam Ltd. And M/S Mid-East Indutries in the first
phase. The payment will be made on vacation of the land voluntarily
by the oustees within 15 days of notification by the Collector
indicating the fact of such vacation. Provided that companies
who have already paid ex-gratia amount of Rs.10,000/- (Rupees
ten thousand) only in pursuance of the provisions laid down in
circular No.3963 dated 24.1.1997 shall pay the differential amount
of Rs.15,000/- (Rupees fifteen thousand) only to the land losers
within 15 days from the date of intimation by the Collector in
this regard.Provided further that companies who have already paid
ex-gratia amount of Rs.15,000/- (Rupees fifteen thousand) only
in pursuance of the provisions laid down in circular No.3394 dated
24.1.2004 shall pay the differential amount of Rs.10,000/- (Rupees
ten thousand) only to the land losers within 15 days from the
date of intimation by the Collector in this regard.
14. Repeal and Savings:-
This order supersedes this Department circular No.REG-8/96 (P)
3963 dated 24.01.1997, 18214 dated 21.04.1997, 3394 dated 24.01.2004,
45595 dated 23.11.2004 and Order No.34510 dated 23.8.2005, and
all other circulars/ instructions/ orders issued relating to
guidelines regulating resettlement and rehabilitation of families/
persons displaced / affected due to acquisition of land for
Kalinganagar Integrated Industrial Complex at Duburi in the
district of Jajpur. Provided that action already taken by finalized
under the provisions laid down in the circulars/ instructions/
orders in force before coming into force of this order shall
be considered to have been made under the provisions of this
order and will have the same effect.
BY
ORDER OF GOVERNOR
TARUN KANTI
MISHRA
16.11.2005
Principal Secretary to Government
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Memo
No. 45426 / Dated…18.11.2005
Copy forwarded to Private Secretary to Hon'ble Minister, Revenue,
Food Supplies and Consumer Welfare/ Private Secretary to Hon'ble
Minister, Finance for kind information of Hon'ble Miniter, Revenue,
Food Supplies and Consumer Welfare and Hon'ble Minister, Finance.
Deputy
Secretary to Government
|
Memo No. 45427 / Dated : 18.11.2005
Copy forwarded to OSD to Chief Secretary/ Private Secretary to
Principal Secretary to chief Minister for kind information of
Chief Secretary / Principal Secretary to Chief Minister.
Deputy Secretary to Government
|
Memo No. 45428 / Dated : 18.11.2005
Copy forwarded to Principal Secretary, Steel and Mines Department/
Principal Secretary, Commerce and Transport Department/ Commissioner-cum-Secretary,
Industries Department/ CMD, IPICOL/ CMD, IDCO/ R.D.C.(CD), Cuttack/
Collector, Jajpur for information and kind necessary action.
Deputy Secretary to Government |
Memo No. 45429 / Dated : 18.11.2005
Copy to Guard File of R&R Cell.
Deputy Secretary to Government |