Details

SHORT NOTES ON R&R POLICY OF COAL INDIA LTD. 2012

Rehabilitation and Resettlement Policy of Coal India Ltd. 2012

Preamble:

·    Coal reserve location and quality influence mine selection.

·    Opencast mining is efficient but requires large land areas.

·    Population growth, especially in eastern India, makes land acquisition difficult.

·    Policy updates align with amendments to the Land Acquisition Act.

Resettlement & Rehabilitation (R&R) Package:

·    Provides compensation for house sites, houses, trees, cow sheds, and shifting costs.

·    Employment opportunities are offered to displaced individuals.

·    Rehabilitation includes housing, roads, schools, and water facilities.

Challenges & Future Considerations:

·    Growing demand for better compensation and R&R packages from affected persons.

·    Agitations and resistance from displaced landowners can obstruct mining operations.

·    Companies historically acquired land by offering jobs, creating an unskilled labor surplus.

·    Future strategies must focus on alternative compensation methods and essential community infrastructure (e.g., schools, hospitals).

·    Effective resettlement requires local cooperation to maintain social harmony and project viability.

Purpose

·    Revises and provides flexibility in resettlement & rehabilitation (R&R) for project-affected people (PAPs).

·    Aims to unify different R&R practices followed by subsidiaries.

·    Aligns with National R&R Policy 2007 and Land Acquisition, R&R Bill 2011.

Key Principles

·    Compensation & Relations: Ensures fair compensation while maintaining good relations with land-losers and affected communities.

·    Early RAPs: Subsidiaries must prepare detailed Resettlement Action Plans (RAPs) to clearly outline entitlements.

·    Avoiding Unjustified Claims: Focus on preventing unjustified claims, redundant manpower, and high wage bills.

·    Annuity Concept: Introduces annuity as compensation to reduce reliance on CIL for jobs.

Policy Background

·    Based on deliberations of the Ministry of Coal (O.M. 49019/2011-PRIW-I, dated 01-07-2011).

·    Approved by CIL Board in its 279th meeting (12-13 March 2012).

Objectives

A. Revise CIL’s R&R Policy 2008 to be more PAP-friendly, incorporating relevant provisions of the Land Acquisition, R&R Bill 2011.
B. Minimize local population disturbance by prioritizing rehabilitation before project execution and exploring alternative sites.
C. Ensure a fair and transparent process for land acquisition, protecting landowners’ and affected people's interests.
D. Provide just and fair compensation for families whose land is acquired, ensuring their welfare.

E. Development-Oriented Acquisition

·    Ensure affected persons become partners in development.

·    Improve post-acquisition social and economic status.

F. Restoration of Living Standards

·    Subsidiaries to help affected people regain/former living standards.

·    Minimize the transition period.

·    Continue support until all rehabilitation actions are complete.

G. Involuntary Resettlement as Development

·    Provide adequate resources and benefits to affected people.

·    Align efforts with government rural development schemes.

H. Collaboration with NGOs

·    Work with reputed, legally recognized NGOs.

·    Ensure NGOs have the confidence of affected people.

I. Corporate Social Responsibility (CSR)

·    Strengthen CSR activities in and around affected villages.

J. Implementation through Surveys & NGOs

·    Conduct detailed surveys on affected persons and income loss.

·    Engage reputed NGOs for transparent implementation.

Definitions

(a) Affected Family

1.  Primary Residents: Families whose home, property, or livelihood is affected due to land acquisition or displacement.

2.  Land Tenure Holders: Tenants, lessees, or land/property owners displaced due to land acquisition.

3.  Workers & Small Traders: Agricultural or non-agricultural laborers, landless persons, artisans, or self-employed individuals displaced or deprived of livelihood due to land acquisition (must have been active in trade/occupation for at least three years).

(b) Family

·    Includes a person, spouse, minor sons, dependent daughters, brothers, unmarried sisters, parents, or any dependent family members.

·    Nuclear Family: Comprises a person, spouse, and minor children.

·    If no male dependents exist, land loss benefits may go to a dependent daughter.

(c) Land Owner

1.  A person whose name is officially recorded as the owner of land.

2.  A person with legal rights to receive Patta (land title) under existing laws.

3.  Anyone legally recognized as a landowner by government authorities.

(d) Displaced Person

·    A person deprived of their homestead due to land acquisition.

·    If they do not ordinarily reside in the acquired land, they qualify only for homestead compensation, not livelihood compensation.

(e) Ordinarily Resides

·    A person residing in the homestead/acquired land for more than 6 months per year for at least the last 5 years.

5. Socio-economic Survey & RAP Preparation

·    A baseline socio-economic survey will be conducted to identify Project Affected Persons (PAPs) eligible for benefits under Coal India's Resettlement & Rehabilitation Policy.

·    This survey must be completed within 2 months of notification under relevant land acquisition laws.

·    Reputed independent agencies will assist in conducting the survey.

·    Objective: Collect baseline data on affected populations' social & economic status to:

o   Formulate a Rehabilitation Action Plan (RAP) ensuring proper entitlements.

o   Use Digital Satellite Maps to freeze existing dwelling units before land acquisition negotiations.

Implementation, Monitoring & Evaluation, Dispute Mechanism

The Rehabilitation Action Plan (RAP) will focus on:

1.  Project Design – Exploring alternative designs to minimize resettlement.

2.  Socio-Economic Survey – Ensuring income restoration of Project Affected Persons (PAPs) as per Coal India’s Resettlement and Rehabilitation Policy.

3.  Institutional Mechanisms – Establishing methods for providing entitlements.

4.  Timeline & Planning – Setting a schedule for land acquisition & resettlement site preparation.

5.  Budget Allocation – Determining costs for resettlement & rehabilitation.

6.  Grievance Redressal – Setting up project-specific mechanisms for affected families (PAFs).

7.  Monitoring & Evaluation – Defining benchmarks & tracking progress of resettlement and rehabilitation efforts.

RAP will be developed in consultation with PAPs and the State Government.

Environmental Impact Assessment (EIA)

·    Conducted as per legal and regulatory frameworks governing land acquisition and resettlement.

Eligibility Criteria

(A) Economic Rehabilitation Benefits

Only Entitled Project Affected Persons (PAPs) qualify for these benefits. Eligible groups include:

1.  Landowners – Including tribals with traditional land rights.

2.  Homestead Owners – Those whose residential land is acquired.

3.  Sharecroppers, Land Lessees, Tenants & Day Laborers – Those dependent on the acquired land.

4.  Tribal Dependents on Forest Produce – Certified by District Forest Officer/Revenue Authorities.

(B) Resettlement Benefits

1.  Only "Displaced" families/persons qualify for resettlement benefits.

2.  A person is classified as displaced if:

o   They were a permanent resident in the project area before land acquisition.

o   Their homestead, land, or structure was acquired.

o   They are homestead-less or landless and require relocation.

7. Census & Identification of Displaced Families

·    Within two months of issuing a notice under the Land Acquisition Act, a census will be conducted to:

o   Identify displaced families.

o   Prepare socio-economic profiles and eligibility lists for Rehabilitation & Resettlement (R&R) benefits.

·    A photo identity card will be issued to each Entitled Project Affected Person (PAP), signed by the Collector/project authority, containing:

o   Village name, head of family’s details (name, address, etc.).

o   Entitlement category (S.C./S.T./O.B.C./General).

o   Age, sex, and educational qualifications of family members.

8. Types of Compensation & Rehabilitation Entitlement

Option for Land Losers

·    Landowners have the option to receive Rehabilitation & Resettlement benefits as per the state’s entitlements policy and with Collector’s approval.

8.1 Eligibility & Compensation

·    Compensation and rehabilitation benefits will be offered to all Project Affected Persons (PAPs).

·    To claim benefits, PAPs must provide legal proof (e.g., revenue certificate, electoral roll, ration card, school records).