Section 4 of the RFCTLARR Act, 2013: Preparation of Social Impact Assessment Study
Section 4 lays down the statutory framework for a Social Impact Assessment study when the appropriate Government intends to acquire land for a public purpose. It requires consultation with local bodies, public availability of the commencement notification, completion of the study within six months, assessment of specified social impacts and preparation of a Social Impact Management Plan.
Section 4: "Preparation of Social Impact Assessment study".
Key timeline: The appropriate Government must ensure completion of the Social Impact Assessment study within six months from the date of commencement.
Central procedural rules: The RFCTLARR (Social Impact Assessment and Consent) Rules, 2014 supplement the Central statutory framework. State rules and amendments may apply to a particular acquisition.
What Is a Social Impact Assessment Under Section 4?
A Social Impact Assessment, commonly referred to as an SIA, is the statutory study used to examine the likely social consequences of a proposed land acquisition. Under Section 4, the process considers whether the acquisition serves a public purpose, who is likely to be affected or displaced, what land and common property may be affected, whether the proposed area is the bare minimum required, whether an alternative location has been considered, and the nature and cost of addressing social impacts.
Section 4 forms part of the preliminary investigation for determination of social impact and public purpose. It should be read with Section 5 on public hearing, Section 6 on publication, and Sections 7 and 8 dealing with appraisal and Government examination.
Section 4 SIA Process
When the appropriate Government intends to acquire land for a public purpose, Section 4(1) requires consultation with the concerned Panchayat, Municipality or Municipal Corporation at village or ward level in the affected area and an SIA study in consultation with that local body.
Under Section 4(2), the commencement notification must be made available in the local language to the concerned local body and in the offices of the District Collector, Sub-Divisional Magistrate and Tehsil. It must also be published in the affected areas in the prescribed manner and uploaded on the appropriate Government's website.
The appropriate Government must ensure adequate representation of the Panchayat, Gram Sabha, Municipality or Municipal Corporation, as applicable, during the SIA study.
The SIA study must be completed within six months from its commencement.
Section 4(3) requires the SIA study report to be made available to the public in the manner prescribed under Section 6.
Matters the SIA Study Must Examine
Section 4(4) requires the study, among other matters, to include:
- Whether the proposed acquisition serves a public purpose.
- An estimate of affected families and the number likely to be displaced.
- The extent of public and private land, houses, settlements and other common properties likely to be affected.
- Whether the proposed acquisition is limited to the absolute bare minimum land needed for the project.
- Whether acquisition at an alternative place has been considered and found not feasible.
- The project's social impacts, the nature and cost of measures for addressing them, and the effect of those costs on overall project costs compared with project benefits.
Where an Environmental Impact Assessment is required, Section 4 states that it is to be carried out simultaneously and is not contingent on completion of the Social Impact Assessment study.
Social and Community Impacts to Be Considered
Section 4(5) requires consideration of the project's likely impact on livelihoods of affected families and on public and community property, assets and infrastructure. The statutory examples include:
- Roads, public transport, drainage and sanitation.
- Drinking water sources and water sources for cattle.
- Community ponds, grazing land and plantations.
- Post offices, fair price shops and food storage godowns.
- Electricity supply and health care facilities.
- Schools, educational and training facilities and anganwadis.
- Children's parks and places of worship.
- Land for traditional tribal institutions.
- Burial and cremation grounds.
Social Impact Management Plan
Section 4(6) requires the authority conducting the SIA study to prepare a Social Impact Management Plan. The plan must list ameliorative measures for addressing the impacts identified under Section 4(5). Those measures cannot be less than the measures already available under an applicable Central or State Government scheme or programme operating in the affected area.
Important Legal Terms for Section 4
Appropriate Government - Section 3(e): Identifies the Government responsible under the Act according to the location and purpose of the acquisition and the circumstances specified in Section 3(e).
Affected area - Section 3(b): The area notified by the appropriate Government for purposes of land acquisition.
Affected family - Section 3(c): Includes the categories specified in Section 3(c), extending beyond recorded land owners to specified livelihood-dependent and other affected families.
Public purpose - Section 3(za): Means the activities specified under Section 2(1).
Social Impact Assessment: Section 4 sets out the statutory study and its required subject matter; the Central Social Impact Assessment and Consent Rules, 2014 prescribe procedural details for the Central framework.
Official Act and Rules
India Code - RFCTLARR Act, 2013
Department of Land Resources - RFCTLARR Rules and Documents
Land Acquisition Compensation Rehabilitation Resettlement Information System
State-specific procedure: For an actual acquisition, also check the applicable State amendments, SIA rules, notifications and prescribed forms. The Central Act provides the baseline framework, while implementation may depend on the appropriate Government's valid rules and notifications.