Section 6 of the RFCTLARR Act, 2013: Publication of Social Impact Assessment Study
Section 6 requires the appropriate Government to make the Social Impact Assessment study report and the Social Impact Management Plan publicly available through local institutions, designated Government offices, publication in the affected area and the appropriate Government's website.
Section 6: "Publication of Social Impact Assessment study".
Documents covered: The Social Impact Assessment study report and the Social Impact Management Plan prepared under Section 4(6).
Publication principle: The documents must be accessible in the local language and through both local physical locations and online publication.
Section 6 - Publication of Social Impact Assessment Study
Section 6(1): The appropriate Government must ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in Section 4(6) are prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as applicable, and at the offices of the District Collector, Sub-Divisional Magistrate and Tehsil. They must also be published in the affected areas in the prescribed manner and uploaded on the appropriate Government's website.
Section 6(2): Wherever an Environmental Impact Assessment is carried out, a copy of the Social Impact Assessment report must be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment.
Where the SIA Report and Management Plan Must Be Made Available
The publication requirements are designed to make the assessment accessible to people in the affected area as well as to the relevant authorities. Section 6(1) requires local-language availability and publication through several channels:
- The concerned Panchayat, Municipality or Municipal Corporation, as applicable.
- The office of the District Collector.
- The office of the Sub-Divisional Magistrate.
- The Tehsil office.
- Publication in the affected areas in the prescribed manner.
- Upload on the website of the appropriate Government.
This publication follows the SIA process under Section 4 and the public hearing required by Section 5. The published report then becomes part of the material considered during appraisal under Section 7.
Section 6(2) and Environmental Impact Assessment
Where an Environmental Impact Assessment is carried out, Section 6(2) requires a copy of the SIA Report to be provided to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment. This provision connects the social-impact record with the environmental assessment process where both apply.
Irrigation-project proviso: Section 6 further provides that, for irrigation projects where the Environmental Impact Assessment process is required under another law for the time being in force, the provisions of the RFCTLARR Act relating to Social Impact Assessment do not apply.
Publication Under the Central SIA and Consent Rules, 2014
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 supplement Sections 4 to 6 for the Central framework. The Rules define "Social Impact Assessment" as an assessment under Section 4(1) and "Social Impact Management Plan" as the plan prepared as part of the SIA process under Section 4(6).
The Rules prescribe procedural requirements for commencement and conduct of the SIA, public hearings, preparation of the report and management plan, and publication-related steps. For a particular acquisition, the applicable State rules and valid State amendments should also be checked.
Important Legal Terms for Section 6
Appropriate Government - Section 3(e): Identifies the Government responsible under the Act according to the location, purpose and circumstances of the acquisition.
Affected area - Section 3(b): The area notified by the appropriate Government for the purposes of land acquisition.
Social Impact Assessment: Under the Central SIA Rules, 2014, this means an assessment made under Section 4(1) of the Act.
Social Impact Management Plan: Under the Central SIA Rules, 2014, this means the plan prepared as part of the Social Impact Assessment process under Section 4(6) of the Act.
Local institutions: Section 6 specifically refers to the Panchayat, Municipality or Municipal Corporation, as the case may be, for local-language availability of the SIA Report and Social Impact Management Plan.
How Section 6 Fits Into the SIA Process
Section 4 governs preparation of the SIA study and Social Impact Management Plan. Section 5 requires a public hearing in the affected area. Section 6 requires publication and public availability. The SIA Report is then evaluated by the independent multidisciplinary Expert Group under Section 7, followed by examination by the appropriate Government under Section 8.
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 law: State amendments, rules and notifications can affect procedure and implementation. Check the law applicable in the State or Union Territory where the acquisition is taking place.