Himachal Pradesh Gazette, No. 277, 24 March 2020

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित मंगलवार, 24 मार्च, 2020/4 चैत्र, 1942

हिमाचल प्रदेश सरकार

नगर एवं ग्राम योजना विभाग

अधिसूचना

शिमला-2, 19 मार्च, 2020

संख्याः टी0सी0पी0-बी(2)-4/2019(रुल्ज) पीओ.—हिमाचल प्रदेश के राज्यपाल, भारत के संविधान के अनुच्छेद 309 के परन्तुक द्वारा प्रदत्त शक्तियाें का प्रयोग करते हुए, हिमाचल प्रदेश लाके सेवा आयोग के परामर्श से, इस विभाग की अधिसूचना संख्याः टी.सी.पी-(बी)2-3/2014(रुल्ज)पी.ओ. तारीख 29-5-2019 277-राजपत्र/2020-24-03-2020 (11515)11516 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 द्वारा अधिसूचित हिमाचल प्रदेश नगर एवं ग्राम योजना विभाग, योजना अधिकारी, वर्ग-I (राजपत्रित) भर्ती और प्रोन्नति नियम, 2019 का और संशोधन करने के लिए निम्नलिखित नियम बनाते हैं, अर्थात्‌ः-

1. संक्षिप्त नाम और प्रारम्भ.--(1) इन नियमाें का संक्षिप्त नाम हिमाचल प्रदेश नगर एवं ग्राम योजना विभाग, योजना अधिकारी, वर्ग-I (राजपत्रित) भर्ती और प्रोन्नति (प्रथम संशोधन ) नियम, 2020 है। (2) ये नियम राजपत्र (ई-गजट), हिमाचल प्रदेश में प्रकाशित किए जाने की तारीख से प्रवृत्त होंगे। 2. उपाबन्ध-"क" का संशोधन.--हिमाचल प्रदेश नगर एवं ग्राम योजना विभाग, योजना अधिकारी, वर्ग-I (राजपत्रित) भर्ती और प्रोन्नति नियम, 2019 के उपाबन्ध-"क" में, स्तम्भ संख्याः 7 के सामने विद्यमान उपबन्धों के स्थान पर निम्नलिखित रखा जाएगा, अर्थात्‌ः-

"(क) अनिवार्य अर्हता(एं)ः-

(i) किसी मान्यता प्राप्त विश्वविद्यालय या भारतीय नगर योजनाकार संस्थान द्वारा सम्यक्‌ रूप से मान्यता प्राप्त किसी संस्थान से अरबन/सिटी/टाउन/रीजनल प्लानिंग में बी. टैक की उपाधि।

या

किसी मान्यता प्राप्त विश्वविद्यालय या भारतीय नगर योजनाकार संस्थान द्वारा सम्यक्‌ रूप से मान्यता प्राप्त किसी संस्थान से प्लानिंग स्नातक या प्लानिंग में टैक्नोलोजी स्नातक या स्थापत्यकला स्नातक:

परन्तु उपरोक्त अर्हता प्राप्त करने के पश्चात्‌ नगर एवं ग्राम योजना विधियाें या नगर एवं ग्राम योजना विभाग के अधीन गठित किसी प्राधिकरण के अन्तर्गत अरबन/सिटी/टाउन/रीजनल प्लानिंग के कार्य का कम से कम तीन वर्ष का अनुभव रखने वाले अभ्यर्थियाें को अधिमान दिया जाएगाः

परन्तु यह कि किसी मान्यता प्राप्त विश्वविद्यालय या भारतीय नगर योजनाकार संस्थान द्वारा सम्यक्‌ रूप से मान्यता प्राप्त किसी संस्थान से नगर योजना के क्षेत्र अर्थात्‌ अरबन प्लानिंग या सिटी प्लानिंग या टाउन प्लानिंग या रीजनल प्लानिंग या हाउसिंग प्लानिंग या कन्ट्री प्लानिंग या रूरल प्लानिंग या इफ्रांस्ट्रकचर प्लानिंग या ट्रांसपोर्ट प्लानिंग या रुरल एवं अरबन प्लानिंग या एनवायरनमैंण्टल प्लानिंग में मास्टर ऑफ प्लानिंग/एम. टैक/स्नातकोत्तर उपाधि की उच्चतर अर्हता रखने वाले पदधारी भी योजना अधिकारी के पद पर भर्ती के लिए पात्र हाेंगे।

(ख) वांछनीय अर्हता(एं) :-

हिमाचल प्रदेश की रूढ़ियाें, रीतियाें और बोलियों का ज्ञान और प्रदेश में विद्यमान विशिष्ट दशाओं में नियुक्ति के लिए उपयुक्तता।"।

आदेश द्वारा,

रजनीश, सचिव (नगर एवं ग्राम योजना)।

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[Authoritative English text of this Department Notification No. TCP-B(2)-4/2019 (Rules) PO, dated

19-3-2020 as required under clause (3) of Article 348 of the Constitution of India]

TOWN & COUNTRY PLANNING DEPARTMENT

NOTIFICATION

Shimla-2, the 19th March, 2020

No. TCP-B(2)-4/2019 (Rules)PO.—In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, is pleased to make the following rules further to11517 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 amend the Himachal Prades, Town & Country Planning Department, Planning Officer, Class-I (Gazetted) Recruitment and Promotion Rules, 2019 notified vide this Department Notification number TCP-(B)2-3/ 2014 (Rules)PO dated 29-5-2019 namely:—

1. Short title and commencement.—(i) These rules may be called the Himachal Pradesh Town & Country Planning Department, Planning Officer, Class-I (Gazetted), Recruitment and Promotion (First Amendment) Rules, 2020.

(ii) These rules shall come into force from the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh.

2. Amendment of Annexure-"A".—In Annexure-"A" to the Himachal Pradesh Town and Country Planning Department, Planning Officer, Class-I (Gazetted), Recruitment and Promotion Rules, 2019, for the existing provisions against Column No.7, the following shall be substituted, namely:—

"(a) Essential Qualification(s):— B. Tech. Degree in Urban/City/Town/Regional Planning from a recognized University or an Institute duly recognized by the Institute of Town Planners, India.

OR

Bachelor of Planning or Bachelor of Technology in Planning or Bachelor of Architecture from a recognized University or an Institute duly recognized by the Institute of Town Planners, India:

Provided that preference will be given to the candidates possessing atleast 3 years experience in Urban/City/Town/Regional Planning's work under any authority constituted under Town & Country Planning Laws or in the Town & Country Planning Department after acquiring the above qualification:

Provided further that the incumbents possessing higher qualification in the field of Town Planning i.e "Master of Planning/ M.Tech./Post Graduate Degree in Urban Planning or City Planning or Town Planning or Regional Planning or Housing Planning or Country Planning or Rural Planning or Infrastructure Planning or Transport Planning or Rural & Urban Planning or Environmental Planning from a recognized University or an Institute duly recognized by the Institute of Town Planner, India shall also be eligible for recruitment to the post of Planning Officer.

Desirable Qualification(s).—Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh."

By order,

RAJNEESH, Secretary (TCP).

विधि विभाग

अधिसूचना

शिमला-2, 23 मार्च, 2020

संख्या एल.एल.आर.-डी.(6)-2/2020-लेज.-हिमाचल प्रदेश के राज्यपाल, भारत के संविधान के अनुच्छेद 200 के अधीन प्रदत्त शक्तियों का प्रयोग करते हुए दिनांक 23-03-2020 को अनुमोदित हिमाचल प्रदेश विनियोग (संख्यांक 2) विधेयक, 2020 (2020 का विधेयक संख्यांक 2) को वर्ष 2020 के अधिनियम संख्यांक 5 के रूप में संविधान के अनुच्छेद 348(3) के अधीन उसके अंग्रेजी प्राधिकृत पाठ सहित हिमाचल प्रदेश ई-राजपत्र में प्रकाशित करते हैं।

आदेश द्वारा, यशवंत सिंह चोगल, प्रधान सचिव (विधि)।

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हिमाचल प्रदेश विनियोग (संख्यांक 2) अधिनियम, 2020

धाराओं का क्रम

धाराः

` 5,24,71,52,01,000 की राशि जारी करना।

3. विनियोग। 4. निरसन और व्यावृत्तियां। अनुसूची।

-------

2020 का अधिनियम संख्यांक 5 हिमाचल प्रदेश विनियोग (संख्यांक 2) अधिनियम, 2020

(माननीय राज्यपाल द्वारा तारीख 23 मार्च, 2020 को यथाअनुमोदित)

वित्तीय वर्ष 2020-2021 के लिए हिमाचल प्रदेश राज्य की संचित निधि में से सेवाओं के लिए कतिपय धनराशियों के संदाय को प्राधि—त करने और उनका विनियोग करने के लिए अधिनियम।

भारत गणराज्य के इकहत्तरवें वर्ष में हिमाचल प्रदेश विधान सभा द्वारा निम्नलिखित रूप में यह अधिनियमित हो :-

1. संक्षिप्त नाम और प्रारम्भ.--(1) इस अधिनियम का संक्षिप्त नाम हिमाचल प्रदेश विनियोग (संख्यांक 2) अधिनियम, 2020 है।11519 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 (2) यह प्रथम अप्रैल, 2020 को लागू होगा।

2. हिमाचल प्रदेश राज्य की संचित निधि में से वित्तीय वर्ष 2020-2021 के लिए ` 5,24,71,52,01,000 की राशि जारी करना.--हिमाचल प्रदेश राज्य की संचित निधि में से अनुसूची के तृतीय स्तम्भ में विनिर्दिष्ट से अनधिक धनराशियां, जिनका योग केवल ` 5,24,71,52,01,000 (बावन हजार चार सौ इकहत्तर करोड,़ बावन लाख और एक हजार रुपए) है, संदत्त और उपयोजित की जाएं, जिनका वित्तीय वर्ष 2020-2021 की अवधि में अनुसूची के द्वितीय स्तम्भ में विनिर्दिष्ट सेवाओं और प्रयोजनों से सम्बन्धित विभिन्न प्रभारों के संदाय को चुकाने के लिए उपयोग किया जाएगा।

3. विनियोग.--इस अधिनियम द्वारा हिमाचल प्रदेश राज्य की संचित निधि में से संदत्त और उपयोजित करने के लिए प्राधि—त धनराशियों का उक्त वर्ष के सम्बन्ध में अनुसूची में अभिव्यक्त सेवाओं और प्रयोजनों के लिए विनियोजन किया जाएगा।

4. निरसन और व्यावृत्तियां.--निम्नलिखित विनिर्दिष्ट विनियोग अधिनियमों का एतदद्वारा निरसन किया जाता है, अर्थात्‌ः-

(i) हिमाचल प्रदेश विनियोग अधिनियम, 2019;

(ii) हिमाचल प्रदेश विनियोग (संख्यांक 2) अधिनियम, 2019;

(iii) हिमाचल प्रदेश विनियोग (संख्यांक 3) अधिनियम, 2019; और

(iv) हिमाचल प्रदेश विनियोग (संख्यांक 4) अधिनियम, 2019ः

परन्तु ऐसा निरसन निम्नलिखित को प्रभावित नहीं करेगा,-

(क) किसी अन्य ऐसी अधिनियमितियों को प्रभावित नहीं करेगा जिसमें निरसित अधिनियमिति को लागू, सम्मिलित या निर्दिष्ट किया गया है; या

(ख) पहले की गई या हुई किसी बात या पहले से अर्जित या उपगत किसी अधिकार, हक, बाध्यता या दायित्व अथवा उसके विषय में किसी उपचार या कार्यवाही या किसी ऋण, शास्ति, बाध्यता, दायित्व, दावे या माँग से कोई निर्माेचन या उन्मोचन या पहले ही अनुदत्त किसी क्षतिपूर्ति या किसी पूर्व कार्य या बात के सबूत की विधिमान्यता, अविधिमान्यता, उसके प्रभाव या परिणामों पर प्रभाव नहीं डालेगा; या

(ग) विधि के किसी सिद्धान्त या नियम या स्थापित अधिकारिता, अभिवचन के प्ररूप या अनुक्रम, पद्धति या प्रक्रिया या विद्यमान विशेषाधिकार, निर्बन्धन, छूट, पद या नियुक्ति पर नहीं पड़ेगा भले ही वह, इसके द्वारा निरसित किसी अधिनियमिति द्वारा उसमें या उससे किसी रीति से पुष्ट, मान्य या व्युतपन्न क्यों न हो; या

(घ) संपरीक्षा, परीक्षण, लेखा, अन्वेषण, जांच या उससे सम्बन्धित किसी प्राधिकारी द्वारा की गई या की जाने वाली किसी अन्य कार्रवाई पर नहीं पड़ेगा और ऐसी संपरीक्षा, परीक्षण, लेखा, अन्वेषण, जांच या कार्रवाई की जा सकती है, और, या जारी रखी जा सकती है, मानो उक्त अधिनियमितियां इस अधिनियम द्वारा निरसित ही न की गई हों।11520 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 अनुसूची

(धारा 2 और 3 देखें)

THE HIMACHAL PRADESH APPROPRIATION (NUMBER 2) ACT, 2020

ARRANGEMENT OF SECTIONS

Sections :

1. Short title and commencement.

2. Issue of a sum of ` 5,24,71,52,01,000 out of the Consolidated Fund of the State of Himachal Pradesh for the financial year 2020-2021.

3. Appropriation.

4. Repeal and savings.

THE SCHEDULE.

________

Act No. 5 of 2020

THE HIMACHAL PRADESH APPROPRIATION (NUMBER 2)

ACT, 2020

(AS ASSENTED TO BY THE GOVERNOR ON 23rd MARCH, 2020)

AN

ACT

to authorise payment and appropriation of certain sums from and out of the Consolidated

Fund of the State of Himachal Pradesh for the services for the financial year 2020-2021.

Be it enacted by the Legislative Assembly of Himachal Pradesh in the Seventy-first Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called the Himachal Pradesh Appropriation (Number 2) Act, 2020.

(2) It shall come into force on the first day of April, 2020.

2. Issue of a sum of ` 5,24,71,52,01,000 out of the Consolidated Fund of the State of Himachal Pradesh for the financial year 2020-2021.—From and out of the Consolidated Fund of the State of Himachal Pradesh, there may be paid and applied sums not exceeding those specified in column (3) of THE SCHEDULE amounting in the aggregate to a sum of ` 5,24,71,52,01,000 (Rupees fifty two thousand four hundred seventy one crore, fifty two lakh and one thousand) only towards defraying the several charges which will come in course of payment during the financial year 2020-2021 in respect of the services and purposes specified in column (2) of THE SCHEDULE.

3. Appropriation.—The sums authorized to be paid and applied from and out of the Consolidated Fund of the State of Himachal Pradesh by this Act shall be appropriated for the services and purposes expressed in THE SCHEDULE in relation to the said year.

4. Repeal and savings.—The Appropriation Acts specified below are hereby repealed, namely:—

(i) The Himachal Pradesh Appropriation Act, 2019;

(ii) The Himachal Pradesh Appropriation (Number 2) Act, 2019;

(iii) The Himachal Pradesh Appropriation (Number 3) Act, 2019; and

(iv) The Himachal Pradesh Appropriation (Number 4) Act, 2019:

Provided that such repeal shall not,—

(a) affect, any other enactment in which the repealed enactment has been applied incorporated or referred to; or

(b) affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or indemnity already granted, or the proof of any past act or thing; or (c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognized or derived by, in or from any enactment thereby repealed; or

(d) affect the audit, examination, accounting, investigation, inquiry or any other action taken or to be taken in relation thereto by any authority and such audit, examination, accounting, investigation, inquiry or action could be taken, and, or continued as if the said enactments are not repealed by this Act.

THE SCHEDULE

(See sections 2 and 3)

2 Governor and Council of Ministers

3 Administration of (Revenue) 2,04,82,49,000 53,74,91,000 2,58,57,40,000 Justice

(Capital) 7,05,00,000 — 7,05,00,000 4 General

(Revenue) 2,44,15,10,000 13,58,23,000 2,57,73,33,000 Administration (Capital) 8,56,00,000 — 8,56,00,000 (Revenue) 13,63,10,83,000 — 13,63,10,83,000 (Capital) 10,85,00,000 — 10,85,00,000 5 Land Revenue and District Administration

6 Excise and (Revenue) 84,73,16,000 — 84,73,16,000 Taxation

(Capital) 8,00,01,000 — 8,00,01,000 7 Police and Allied (Revenue) 15,49,20,08,000 — 15,49,20,08,000 Organisations (Capital) 62,64,08,000 — 62,64,08,000 8 Education (Revenue) 70,68,13,82,000 — 70,68,13,82,000 (Capital) 1,11,50,02,000 — 1,11,50,02,000 9 Health and (Revenue) 24,06,99,38,000 — 24,06,99,38,000 Family Welfare (Capital) 1,55,55,09,000 — 1,55,55,09,000 (Revenue) 37,52,85,28,000 — 37,52,85,28,000 (Capital) 12,08,50,00,000 — 12,08,50,00,000 10 Public Works- Roads, Bridges and Buildings

11 Agriculture (Revenue) 4,48,46,81,000 — 4,48,46,81,000 (Capital) 86,00,95,000 — 86,00,95,000 12 Horticulture

(Revenue) 4,06,71,98,000 — 4,06,71,98,000 (Capital) 16,85,13,000 — 16,85,13,000 (Revenue) 27,74,82,34,000 1,000 27,74,82,35,000 (Capital) 9,51,47,63,000 — 9,51,47,63,000 13 Irrigation, Water Supply and Sanitation

14 Animal

(Revenue) 4,30,99,76,000 — 4,30,99,76,000 (Capital) 19,19,08,000 — 19,19,08,000 Husbandry, Dairy Development and Fisheries

(Revenue) 77,01,39,000 — 77,01,39,000 (Capital) 4,44,54,00,000 — 4,44,54,00,000 15 Planning and Backward Area Sub-Plan

16 Forest and Wild (Revenue) 8,09,80,93,000 — 8,09,80,93,000 Life

(Capital) 20,73,00,000 — 20,73,00,000 17 Election (Revenue) 29,73,86,000 — 29,73,86,000 (Capital) 1,00,00,000 — 1,00,00,000

PRELIMINARY NOTIFICATION

Shimla-171002, the 15th February, 2020

No. MPP-F(5)-11/2016-I-Loose.—Whereas it appears to the appropriate Government that a total of 27-83-56 hectares (343-19-00 bigha) land is required in the Mohal/Village Nither & Gadej, Sub-Tehsil Nither, District Kullu, Himachal Pradesh for public purpose, namely, construction of Luhri Hydro Electric Project, Stage-I (210 MW). Social Impact Assessment study was carried out by Social Impact Assessment (SIA) Unit and a report submitted/preliminary investigation by a team constituted by the District Collector, District Kullu as laid down under rule 4. The summary of the Social Impact Assessment report /preliminary investigation is as follows:—

"The SIA study team came to the conclusion that the benefits from the proposed project

shall exceed the social cost and adverse social impacts that the likely to be experienced by

the affected families. If all the mitigation measures are considered, suggestions and

recommendation are fulfilled well in time, the question of risks concerning the conditions of

affected population to be economically and socially worsen, shall not arise".

A copy of summary of SIA report is attached as annexure -A.

A total of 26 families are likely to be displaced due to land acquisition. The reason necessitating such displacement is given below:

"Mainly due to submergence of land in dam area".

The Additional District Magistrate, Kullu District, kullu is appointed as Administrator for the purpose of rehabilitation and resettlement of the affected families. Therefore, it is notified that for the above said project in the Mohal/Village Nither & Gadej, Sub Tehsil Nither, District Kullu a piece of land measuring 27-83-56 hectares viz; 343-19-00 bigha of standard measurement, whose detail description is as following, is under acquisition:

The detail of description of land is attached as Annexure -B

Structures

Variety Number Type Plinth Area

Kachha & Pakka 0-06-00

This notification is issued under the provisions of section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), to all whom it may concern.

A plan of the land may be inspected in the office of the Collector, Land Acquisition, Bithal, Tehsil Kumarsain, District Shimla on any working day during the working hours.

The Government is pleased to authorize Officers of SJVN Ltd., Luhri Hydro Electric Project, Stage-I and his staff/workers to enter upon and survey land, take levels of any land, dig or bore into the sub-soil and do all others acts requires for the proper execution of their work as provided and specified in section 12 of the said Act.

Under section 11 (4) of the Act, no person shall make any transaction or cause any transaction of land i.e. sale/purchase, etc., or create any encumbrances on such land from the date of publication of such notification without prior approval of the Collector, Land Acquisition.

Objections to the acquisition, if any, may be filed by the person interested within 60 (Sixty days) from the date of publication of this notification as provided under section 15 of the Act before Collector, Land Acquisition, Bithal, Tehsil Kumarsain, Distt. Shimla.

By order,

Sd/-

Addl. Chief Secretary (Power).

___________

ANNEXURE-A Social Impact Assessment Study for Land Acquisition for Luhri Hydro-Electric Power Project, Stage-I, Bithal, Tehsil Kumarsain, District Shimla

[Under H.P. Right to Fair Compensation and Transparency in

land Acquisition Rehabilitation and Resettlement (Social

Impact Assessment and Consent) Rules—2015]

AFC India Limited July 201811528 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 1. Executive Summary Himachal Pradesh is located in the Himalayan region and blessed with natural sources of water. Rivers like Satluj, Beas, Chenab, Rabi and tributaries of Yamuna, flow through the State. All these rivers are snow-fed and hence perennial. Besides the natural reservoirs and the large drops available in the river courses, provides immense potential for hydel power generation in the State. As per the estimation, the total capacity of this state's hydro-power is 23000 MW¹ of which only 487.4 MW is installed as on 31st March, 2015.

In order to harness the potential of the hydel power of the Satluj river, Luhri Hydro-Electric Project (Stage-1) has been designed with a proposed capacity of 210 MW. A total of 50.9712 hectares of private land from Charontha, Rewali, Bhadrash, Naola, Narola, Nirath, revenue villages of Shimla and, Neether and Gadej Revenue villages of Kullu districts will have to be acquired.

The Act 2013 defines eight types of land acquisitions as public purpose, one of which is "Acquisition of land for railways, highways, ports, power and irrigation purposes for use by government or by government controlled corporations" (also known as public sector companies) and the Act using particular phrase "accruing general benefits to the public", 'public interest' will satisfy even if private industry acquires land for one of the said projects provided general benefits accrue to public.

The land acquisition for this project will be carried out as per the Act 2013 and H.P. Rules 2015. As per section 4 of the Act, 2013, a Social Impact Assessment is required to be carried out before initiating land acquisition notifications under section 11 of the Act. H.P. SIAU has assigned AFC for conducting the SIA.

The total land needs to be acquired for this project is 149.0716 hectares, close to the National Highway 22 (currently NH 5). Out of this, 50.9712 hectares are private land. The SIA was conducted covering the affected land owners as per the land records of the Revenue department. The land is under individual ownerships and has a spatial spread over six gram panchayats. A Survey Questionnaire was administered for all PAFs, besides conducting PRA with the community members and key persons.The alternative sites for Dam and the Power House was studied. The current Dam site was chosen considering the quality of foundations, abutments, depth of over burden in the river bed. Based on these issues, the location 1.5 km downstream of Nirath was ruled out owing to high cost and difficulty in construction of Dam. Site for the Power House was selected on the right bank that has gentle slope and hence a large Power House can be accommodated whereas the left bank can increase the excavation and hence the cost.

Acquisition of land proposed for the hydro-electric project will have a direct impact on employment, income, production, health and well-being, way of life, community, socio-cultural systems, environment, will affect property rights, and will raise fresh fears and aspirations. Development projects affect different groups differently. Some people tend to benefit, others lose. Often, impacts are particularly severe for vulnerable groups: tribal people, women-headed households, elderly persons, landless persons, and the poor. The positive and negative impacts on individual and community are studied in this SIA. Impacts on land and livelihoods, structures and common property resources, environment, community living are included. The impacts in the pre- construction, during and after construction are also elaborated.

The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Mitigation is provided through compensation and assistance to project- affected persons, families, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework to be accepted by the Government and adopted by the project.

During the FGD all the land owners were willing to provide their land for the hydro-electric project. Only few were raising reservation on the ground that anticipated compensation would be rather low. Further, proper in-time problem-free compensation to the land owners was demanded which would not make them feel their loss after acquisition of land. There must be a hassle-free payment procedure as they are apprehending that delay would be, faced after the lands are acquired. It is recommended that due compensation should be paid before taking possession of the acquired lands.

Information collected during the survey is based on the interviews of the PAFs and the information provided by them is considered true but it is not the authentic version of ownership entitlement. The total land area belonging to the private comes to 50.9712 hectares for which, on the basis of the computation of compensation formula, the tentative land compensation (excluding compensation for standing crops) works out to Rs. 2347429563.50/- (Rupees two thirty-four crores seventy-four lakhs twenty-nine thousand five sixty-three and fifty paisa only). At 12 percent rate of interest on the compensation of land, an amount of 281691547.62/- (Rupees twenty-eight crores sixteen lakhs ninety-one thousand five hundred forty-seven and sixty-two paisa only) has been estimated for payment as per Section 30(3) of Act, 2013.

The compensation for trees is estimated as 37013000/- (Rupees three crores seventy lakhs thirteen thousand only). However, the number of the trees will be enumerated and the actual value will be assessed by the competent authorities.

This estimation of compensation for land acquisition doesn't include compensation for standing crops. The cash compensation against crops will be provided at market cost of mature crops based on the average production.

The entitlements for R&R expenses are totaling to Rs. 42739000/- (Rupees four crores twenty-seven lakhs thirty-nine thousand only). The total for land acquisition including R&R is estimated as Rs. 2979760422.23/- (Rupees two ninety-seven crores ninety-seven lakhs sixty thousand four hundred twenty-two and twenty-three paisa only). However, the final compensation amount for the land acquisition and structures will be determined by the Competent Authority as per the Act, 2013 and H. P. Rules, 2015.

Details of Total Costs for Land Acquisition and R&R

** The compensation for land acquisition doesn't include compensation for standing crops.

As in this case, the land proposed to be acquired is more than 100 acres, the government shall constitute a "Rehabilitation and Resettlement Committee'' under the chairmanship of the Collector. This committee would aim to review the progress of implementation of Rehabilitation and Resettlement Schemes or plan and to carry out the post-implementation Social Audit in consultation with the Gram Sabha.

A Monitoring and Evaluation plan needs to be developed to provide feedback to the project authorities. Monitoring and Evaluation of R&R gives an opportunity to reflect on the success of the R&R objectives, strategies and approaches and to assess the efficiency and efficacy in implementation of R&R activities, their impact and sustainability. Monitoring will give particular attention to the project affected vulnerable families and groups such as Scheduled Castes, Scheduled Tribes, BPL families, women headed households, widows, old aged and the physically or mentally challenged persons.

2. Analysis of Costs & Benefits and Recommendations

Having identified the social impacts, the social impact management plan (SIMP) needs to be drawn up which would include the mitigation of the impacts and risks (low, medium, high) thereof and pose the strategies for managing the risks. This enables the requiring body to ensure that mitigation and management strategies are aligned with those impacts upon the PAFs and communities of the eight Revenue Villages. This plan guides the requiring body to restore the income of the PAFs and provide required infrastructure for the communities. The strategies being presented in this chapter are derived basically from public consultations and interaction with key stakeholders. The mitigation and management strategies would also address the cumulative impacts identified during the social impact assessment wherever appropriate and felt necessary.

2.1 Rehabilitation and Resettlement Plan

The present hydro-electric project requires procurement of privately owned land and Government (both forest and non-forest) land. The private land has to be acquired from its present owners. The Government can use their rights for compulsory acquisition of properties for public projects which causes economic loss as well as social and psychological disruption for the affected individuals and their families. Naturally, greater the number of people involved, larger is the extent of disruption and losses. A Government's Right to acquire naturally carries with it the responsibilities to ensure that those affected do not bear an unfair share of the costs of a project which will bring benefits to others. In the simplest terms, this responsibility should be to ensure that the standard of living of all affected persons is restored to the level enjoyed before the commencement of the project. To the extent that a Government is successful in restoring those living standards for all affected, the adverse impacts will be possibly avoided or minimized.

There will be occurrence of direct and indirect impacts of the project at various stages of construction and operation on the affected persons, families, households, communities, and other Groups. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Mitigation is provided through compensation and assistance to project- affected persons, families, households and eligible groups. These social units are entitled for compensation and assistance on the basis of this policy framework to be accepted by the Government and adopted by the project authorities. The policy provides mitigation for: (i) Loss of assets, including land, house or work place; (ii) Loss of livelihood or income opportunities; (iii) Collective impacts on groups, such as loss of community assets, common property resources, and others. The loss of assets and livelihood are impact categories that represent direct project impacts on an identified population. The people likely to be affected have been surveyed and registered while the Monitoring and Evaluation unit will compare long-term impact against baseline socio- economic data. Collective impacts on groups represent direct and indirect impacts.

There has been demand of employment along with monetary compensation for the loss of land or house or both. But generating large scale employment for all PAFs could be a great challenge for the requiring body who may not find required highly skilful workers at the local level. At the most, they can get absorbed into jobs like housekeeping, security and other support functions in limited numbers in and around the project site. While considering the employment aspects for the PAFs, the project authorities will follow Section No. 4 of the Second Schedule of RTFCTLARR Act, 2013. As far as generating alternative livelihoods are concerned, the rehabilitation plan can attempt to get the affected families linked to the National Skill Development Mission, a Govt. of India initiative that plans to get millions of Indian youth skilled over the next few years. This would help solve the problem of unemployment and loss of livelihoods among the project affected families.

The economic impacts of the land acquisition include the loss of houses or businesses, or the loss of business income, be either temporary or permanent in nature. However, the actual valuation of these losses often proves to be a difficult process. The social and psychological impacts costs are more complex. Neighbourhoods will be disrupted and the villagers will be deprived of social cohesion and the informal support system.

However, it is important to distinguish those who were living in the project area prior to project approval from those who have invaded the area simply to benefit from the proposed relocation plan.

It is apt to note that the proposed land acquisition for hydro-electric project will affect in the project area the following types of households/ families:

1. Owner: losing house and all land

2. Owner: losing house and some land (land left not viable)

3. Owner: losing house and some land (land left is viable)

4. Owner: losing house but no land use

5. Landless owner: losing house

6. Tenant: losing house

7. Squatter: losing place of stay/ house

8. Owner: losing all land but not house

9. Owner: losing some land (land left not viable), but not house

10. Owner: losing some land (land left viable) but not house

11. Owner: losing home-based business (Compensate for lost income temporary), but not home.

12. Owner: losing home-based business and home

13. Street vendor

14. Not losing neither land nor house (some of them may be indirectly affected)11532 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 15. Host community/area. In view of the above, this section discusses the principles of the mitigation including compensation and management plan and the entitlements of the PAFs based on the type and degree of their losses.

The key principles of the project policy on land acquisition, rehabilitation and resettlement are summarized below :

I. Land acquisition and involuntary resettlement have been avoided as the selected project design among the proposed alterative will have the least adverse impact on the PAFs and communities in the project area.

II. Where the households (including communities) are losing assets, livelihoods or resources will be fully compensated and assisted so that they can improve, or at least restore to their former economic and social conditions.

III. Compensation and rehabilitation support will be provided to the PAFs, that is, any person or household or business which on account of proposed project implementation would have his/ her/ theirs:

(a) Standard of living badly affected;

(b) Right, title or interest in any house, interest in, or right to use, any land including premises, agricultural and grazing land, commercial properties, tenancy, or right in annual or perennial crops and trees or any other fixed or moveable assets, acquired or possessed, temporarily or permanently;

(c) Income earning opportunities, business, occupation, work or place of residence or habitat adversely affected temporarily or permanently; or

(d) Social and cultural activities and relationships affected or any other losses that may be identified during the process of resettlement planning.

IV. All affected people will be eligible for compensation and rehabilitation assistance irrespective of tenure status, social or economic standard and any such factors that may discriminate against achievement of the objectives outlined above. Lack of legal rights to the assets lost or adversely affected tenure status and social or economic status will not bar the PAFs from entitlements to such compensation, rehabilitation or resettlement measures

V. All PAFs residing, working, doing business and / or cultivating land within the proposed project impacted areas as of the date of the latest census and inventory of lost assets, are entitled to compensation proportionately for their lost assets (both land and non-land assets) and restoration of income and businesses; and will be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels.

VI. People temporarily affected and resettlement plans will address the issue of temporary acquisition.

VII. Where a host community is affected by the development of a resettlement site in that community, the host community shall be involved in any resettlement planning and decision-making. All attempts shall be made to minimize the adverse impacts of resettlement upon host communities.

VIII. The resettlement plans will be designed in accordance with the RTFCTLARR Act, 2013 and the H. P. Rules, 2015. The Resettlement Plan will be translated into Hindi for the reference of PAFs as well as for the sake of other interested groups.

IX. Payment for land and/or non-land assets will be based on the principles laid in the RTFCTLARR Act, 2013. Resettlement assistance will be provided not only for immediate loss, but also for a transition period needed to restore livelihood and standards of living of PAFs. Such support could be in the term of short-term jobs or providing subsistence allowance.

X. The resettlement plan must consider the needs of those most vulnerable to the adverse impacts of resettlement and ensure they are considered during the resettlement planning and application of mitigation measures. Assistance as admissible under the R & R Policy of the acquiring body should be provided to help them improve their socio-economic status.

XI. As part of the SIMP, the PAFs who loose cent per cent of their cultivable land or whose house is fully affected under the acquisition or PAFs with BPL status, women- headed land losers orphysically or mentally challenged, the project authorities must provide employment to one of the members of such a project affected family wherever jobs are created.

XII. PAFs or the village communities will represent in the process of developing and implementing resettlement plans and proposed mitigation measures for adverse effects.

XIII. Adequate budgetary support will be fully committed and made available by the project authorities to cover the costs of land acquisition (including compensation and income restoration measures) within the agreed implementation period.

XIV.Displacement must not occur before making provisions of compensation and of other admissible assistance required for relocation. Sufficient civic infrastructure must be provided in resettlement site prior to relocation. Acquisition of assets, payment of compensation, and the resettlement and start of the livelihood rehabilitation activities of PAFs, will be completed prior to any project construction activities. Livelihood and income restoration measures must also be in place but as these may take time, not necessarily completed prior to construction activities.

XV. The Project authority must arrange administrative set up for the effective preparation and implementation of the resettlement plan prior to the commencement of the project activities. This means provision for adequate human resources for supervision, consultation, and monitoring of land acquisition and rehabilitation activities should be ensured.

XVI.Appropriate monitoring and evaluation and grievance redressal mechanisms should be put in place as part of the resettlement management system. An external monitoring group which may include qualified NGOs or Institutions or Universities may be hired by the Project for evaluating the resettlement process and final outcome.

An Entitlement Matrix has been developed in compliance with Laws, Rules and Policies framed by the Government of India and Government of Himachal Pradesh. The entitlement matrix summarizes the types of losses and corresponding nature and scope of entitlements.

Table: Entitlement Matrix

2.3 Relocation and resettlement

The main objective of relocation and resettlement are:

(a) Identification of project displaced families (PDFs),

(b) Obtaining their options,

(c) Development of resettlement sites,

(d) Allotment of relocation sites followed by relocation of PAF,

(e) Assist in construction of houses and

(f) Provide the required amenities.

All these activities need co ordinated approach by the Requiring body, District administration and the Respective Departments. Various structures (house, huts and cattle sheds) belonging to 91 land owners are getting affected due to acquisition of land for the proposed project. Here to mention that the number of houses getting affected is 54 and many of the cases it can have ownership of multiple landowners. Hence there will be requirement of resettlement plan for PAFs whose houses would be submerged. Simultaneously, affected families will be compensated for the loss of livelihood.

2.4 Conclusions

(a) The Govt. of Himachal Pradesh has allotted the Luhri Hydro Electric Project 210MW to the M/S SJVN Limited (hereinafter Requiring Body) for the construction and operation during 2016. Requiring Body is PUS of Govt. of India, joint venture of GoI and Go H.P. After approval of DPR by the GOI for the construction of above project land measuring 50.9712 hectares was identified and proposed for acquisition. Requiring Body being PSU of GoI, proposed land acquisition falls under section I of the RTFCTLARR Act, 2013. Project is a public purpose as notified by the GOI Ministry of Finance, Department of Economic Affairs, and notification no. F.No. 13-06-2009 INF. dated 27th March, 2012 (Copy enclosed for ready reference) to regain scheme so as to exploit maximum energy resources with minimum hazardous and least affecting the social and environment impact in the habitants of the area.

Proposed project is located in Shimla District of Himachal Pradesh with an installed capacity of 210 MW and having design discharge of 644.19 cumecs. This Projects is a Run of the River scheme. Water shall be stored for short duration for peaking purpose only. Moreover, as per guidelines of the GoI Ministry of Environment, Forest & Climate Change, water flow of a minimum of 20% in lean season, 30% in monsoon season and 25% in non-lean and non-monsoon season has to be maintained downstream of the Dam. The reservoir shall have dead storage 18.9 million cum and live storage 6.3 million cumecs. The project envisages construction of concrete gravity dam with dam Toe Power House on the right bank of river Satluj to generate 777.40 GWH in 90% dependable year.

The current project design was chosen after a critical consideration of minimum requirement of land acquisition and most viable engineering design. As a result, only 50.9712 hectares of private land is proposed to be acquired from 1003 landowners from eight revenue villages of six gram panchayats. Out of total 1003 land losers, 54 will be displaced which is just 5.4%.

For the aforesaid project 50.9712 hectares of land situated in 6 villages (Bhadrsh, Nirath, Narola, Naula, Charonta and Rewali) of Shimla District and 2 villages (Nither and Gadej) of Kullu District is proposed for acquisition from 1003 land owners for which this social impact study is contemplated under Rule 4 of the HP RTFCTLARR (Social Impact Assessment & Consent) Rules 2015. Out of above land measuring 8.3383 hectares is uncultivated and classified as Banjar Kadeem in the revenue records which represent to 16% rest of 84% is irrigated and rain-fed land but not multi-cropped. Main crop of the affected area is paddy, wheat, maize and pulses. Around 85% of households stated that agriculture is their main occupation, followed by 7% households were engaged in government service, another 5.5% in private sector jobs, and another 1.5% was engaged in self-employment ventures. Negligible number of households stated securing income from pension and daily wages.

36 land owners will lose their occupation due to 100% loss of agricultural land another 14 land owners will loss 85% to 99%, and 1 land owner will lose between 70% to 84%. The total number of affected structures is 91, out of which 54 residential and 37 other structures i.e. Kitchen, Bathroom, Cattle sheds.

As stated above, 50.9712 hectares are from eight villages is proposed for acquisition. As per census 2011, population of these eight villages sum up to 6095, and land of 1003 land owners is under acquisition which works out to 16.46% of total population.

Majority of the affected land owners are supportive and excited about the project initiation, as the project has rejuvenated after a gap of many years. As per the land owners contacted during this study, the people in the affected area are hopeful about the increase in employment opportunities, land price, and scope for small and medium business ventures. They are also expecting better road network, higher frequency and better quality transportation services.

Most of the land owners are aware about the negative and positive impacts in view of two hydro-project already existing in the nearby area which are also maintained and operated by the requiring body.

The proportion of general category among the project affected households was 85%, the rest 15% comprised of Scheduled Castes with one each from Scheduled Tribes and Other Backward Classes (OBC).

Almost 66 of the households are headed by women. As per the last BPL enumeration, close to 45 of the households were designated as Below Poverty Line households. Number of widow/divorcee is 13 in number. There are only 3 respondents with physically/mentally challenged family member. There are 624 landowners fall below the average annual income of 50 thousand rupees, which includes 45 BPL families. Rest of the survey respondents earn more than 50 thousand rupees in a year.

The survey reveals that along with loss of agricultural lands, trees and other farm buildings, access to common property resources, businesses and livelihood opportunities would be affected resulting in decrease in household income of the displaced families. The socio-cultural impacts that would arise due to the project would include break-up of community cohesion, disintegration of social support systems, disruption of women's economic activities, loss of time, common and other cultural property.

Landowners expected negative impacts include loss of land, increase in pollution levels, sudden drop in activities dependent on the private and forest land, influx of outside population and resultant drop in the safety-security issues, rise in social conflict etc.

It was also observed that some of the major challenges are due to delay in implementation of the project. The acquisition activities started in the year 2008-2009 and effected families were aware about the acquisition of their land for the project from the beginning resulting land owners stopped cultivation since then. In view of the reason, request was to consider their land as cultivated for the purpose of determination of compensation accordingly.

As per the provisions of section 4 (6) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 and Sub Rule (4) of Rule 3 of the Himachal Pradesh Rules, 2015, a Mitigation Plan listing the ameliorative measures required to be undertaken for addressing the impact of the project. After detailed study, consultation and concerns put forwarded by the stakeholders during public hearing, social mitigation plan discussed in Chapter 3 of this brief summary. However, following mitigations are suggested:

Afforestation, lift irrigation system, safe drinking water supply, Hospital of appropriate level, Engineering college/DAV College having facility of all streams, Scholarships, ITI, all weather Roads, Free Power Supply to the Project Affected Families, Promotion of sports, Awareness Camps relating to Health, Education and Financial literacy etc. Promotion of Tourism, Forming and Strengthening Self-Help Groups (SHGs), Food Processing Units and Cold Storage, Institutional linkages for income restoration, Project based Employment, Seed banks, Gau-shala and Regulated Mandi.

For the women-headed households and physically/mentally challenged persons, periodical monitoring and linkages with relevant schemes for economic upliftment and betterment of life. For SC/ST families, special provision provided in the Act, 2013 should be implemented strictly.

54 families are losing their house. During consultation it was observed out of the total, 97% families are willing to opt for cash compensation and remaining 3% were uncertain for choice of cash or built up house therefore the site has not been identified for the settlement of 3% of the families.

As a mitigation measure, following are State Govt. policy:

i. 100 Unit free electricity after commissioning of project for affected families for 10 years.

ii. As per revised LADA guidelines notified by H.P. Govt. during construction of the project 1.5% of the cost of the project shall be deposited to Chairman LADA of the concerned district.

With the objective to carry out local area developmental activities (i.e. road, water supply, education and health institution internal path, street lighting, sanitation, ropeways, rain water harvesting building , schools, cement concrete link road, primary health centres, bus stand, hospital, college, training institutes etc.) so as to ensure viable additional benefit to local community in the project area.

iii. After commissioning of the project, families of the project affected area would be provided annuity payment out of revenue generated from the sale of 1% free power provided to the State Govt. by the proposed project during throughout the life. This provision enables to make them feel as a part of the project.

iv. Requiring body would not only compensate the affected land owners, but during construction stage, if any damage to the crops would be ascertained due to construction activities, the affected farmers would be compensated as per the crop damage policy of the H.P. Govt.

Summary of Public Hearing :

As per the H.P. Rules, 2015, Public Hearing was organized by AFC India Ltd. through the local administration with the designated government officers, i.e. respective Sub-Divisional Magistrate in all affected panchayats from 30.06.18 to 02.07.18. The maximum number of stakeholders, representatives from requiring body, R&R functionaries, press/media, public representatives, panchayat representative, Mahila Mandal and Yuvak Mandals participated in the public hearings. In the public hearing, most of the concerns and questions raised by the stake holder have already been discussed in the report. The concerns which are not covered in the report are being discussed as under:—

• Nirath:

-The dam and project is located at Nirath, therefore project name required to be changed to Suryanaryan hydro-electric project, Nirath.

- Nirath village should be adopted as a Model Village.

-Renovation of historical Suryanarayan temple.

-Budget earmarked for CAT plan must be used in the affected area similarly funds earmarked under LADA should also be utilised in the affected area. No fund of LADA be utilized for the non- affected area.

- Gram Panchayat Dehlat may also be declared das affected panchayat.

-Dustbin provided by the SJVN need to be managed regularly.

• Neether-Dehra:

-Fair compensation for cash crops and fruits. -Exclusion of Neether Panchayat due to a clerical mistake which needs to be rectified.

-Making a model panchayat with provision of roads, street lights. -Provision of small short term funds for repair and maintenance works. -Last ten years' Circle rates should be considered for calculating the compensation. -Application of a single rate across affected areas. -Compensation for residential structures should be atleast Rs.10.00 Lac. -Suggested mitigation for the loss of cremation ground, foot bridge, road and water sources. -According to Forest Rights Act, the encroachers should be defined and compensated. -Local level quota should be provided for employment at SJVN. -Post acquisition, left out land could be economically unviable. Either the entire land should be acquired or entirely left out. -05 Bigha Land should be provided in case of affected residential structures. -Declare utilization of 1.5% LAD fund allocation. -Category small/petty tenders should be opened only for local people.

• Gadej:

 Construction of four-lane road from Bilaspur to Bayel.  Monitoring of fund allocation under CAT Plan.  Awareness generation on forest fire.  Mitigation measures for pollution arising from mining.  Non receipt of allocated land to Gujjar people.  Special care to preserve local culture and security.  Establishment of hydro-engineering college

• Shamathala (Rewali):

 Fencing for stray animals  Testing lab with Mobile Health Van (Sanjivani Sewa)  Mitigation measure to restrict deposition of dust in the adjacent villages  Establishment of police chowki  Construction of road connecting Nagraon, Bantipar and Bhallari-Harijan Road.  Building of linkages between Mahila Mandal and Small & Medium Enterprises Schemes  Consideration of other panchayats affected even only by pollution  Provision of oxygen cylinder, facilities to address snake/dog bites for the farmers/workers  No proper toilet facilities indicates improper management of migrated labourers and gaps in mitigation measures.

 Intangible demands (culture) of the affected people should be adjust—the loss cannot be counted, therefore, prevention is very important.

• Duttnagar:

- Funds amounting to Rs. 3.00 Cr. have not been provided to affected gram panchayat Duttnagar which may be provided, providing of 2-3 dustbins, management of dust during construction time, providing of amenities like playgrounds, convening of meeting of land losers, special attention to BPL families from whom land is acquired and inclusion of land losers in various R&R monitoring committees, providing of 70% employment to the affected families, 24 hours services in Bayal hospital, Employment generation, development of tourism particularly, water boat in reservoir, name of project renamed as Nirath Dam, renovation of Duttatray temple Duttnagar, plantation of trees in the vacant area of acquired land after the completion of project activities.

The following are the recommendations of the Social Impact Assessment Study:

• Based on the analysis of field survey findings, FGDs and Public Hearings of the landowners in the affected villages, it is recommended that the compensation for the proposed land should be decided in consultation with the concerned people and in accordance with the rules of the state govt. and Act, 2013.

• It is also recommended that the compensations should be provided in full before the project activities are initiated and well in advance, all affected landowners are made aware about the land acquisition process that would be adopted.

• In order to preserve the local culture and its uniqueness, the planning of mitigation measures to combat negative impacts and to enhance the positive impacts, the government and requiring body should take special care.

• Employment is the main concern of the stakeholders. It is recommended that project should explore the possibility of providing employment to each project affected family and if it is not possible provision made in the Act, 2013, Schedule 2 Clause 4 (b) need to be strictly adhered to. Establishment of technical institutes and providing of skills training will generate workforce to meet the requirement of Human Resources.

• There would rather be positive impacts such as employment generation during the construction phase. When the project starts, the indirect employment opportunities would be generated i.e Hiring of vehicle from the project affected families, Job with contractors, and awarding of petty contracts to the registered contractors among the project affected families for minimizing the negative impact of joblessness among the affected families. Apart from that organizing of skills development training program for the local youth for helping them to become self-reliant.

• In hilly areas women are the key force and crusader for most of the house hold chores including cattle breeding and other miscellaneous jobs. Therefore women empowerment would be one key area which need to be focused. The project would be taken various activities focused on gender in the area of education, training, employment health care, income generation camps etc. after consultation with the women in the affected area.

• It is also recommended that over and above the LAD fund, the State Government should make provisions of additional funds towards sustainable development. The LAD fund should not be transferred to any other district as well as any other agency.

• Due to influx of population during the construction period of the project, threat to local culture, security of local residents, pollution of local area, scarcity of drinking water cannot be overruled for which the State Government and requiring body should take necessary awareness drives and precautionary measures.

• In the awake of many public purpose projects, the requiring body should take an initiative for organizing Financial Literacy drive for the affected areas. It will be helpful for the land owners to use the liquid assets judicially and to infuse the habit of savings.

• The local Mahila Mandals and Youth Clubs should be made aware and encouraged to participate in implementation and monitoring of the R&R plan.

• Community assets such as bridge, roads, cremation site/graveyards and ropeway which is likely to be submerged need to be relocated well in time by the requiring body.

• Monetary Entitlement benefits provided in the Act, 2013 is a minimum. State Govt. should consider this issue and a favorable and acceptable R&R plan may be formulated. This was the main demand of the affected land-losers.

• During the public hearing, some stakeholder demanded compensation of residential structures to be Rs. 10 lakhs. Schedule 2 of the Act, 2013 provides that if any family is affected in rural area so prefers, the equivalent cost of the house, the same has to be provided in lieu of the constructed house.

• During public hearing it was stated by one Muslim stakeholder that there are around 50 Muslim families who have constructed residential houses after identification of government land by the revenue department many years ago. But they have not been conferred the title till date. Such families need to be addressed properly by the State Govt.

Final Conclusion

In view of above discussion, the SIA study team came to the conclusion that the benefits from the proposed projects shall exceed the social costs and adverse social impacts that are likely to be experienced by the affected families. If all the mitigation measures are considered, suggestions and recommendations are fulfilled well in time, the question of risks- concerning the conditions of affected population to be economically or socially worsen, shall not arise.

3. Social Impact Management Plan

Having identified the social impacts, the Social Impact Management Plan (SIMP) needs to be drawn up which would include the mitigation of the impacts and risks (low, medium, high) thereof and contain the strategies for managing the risks. This enables the project authority to ensure that mitigation and management strategies are aligned with those impacts upon the PAFs, communities in eight panchayats and management is governed to restore the income of the PAFs and provide infrastructures for the communities. The strategies being presented in this chapter came out of the public consultations and interaction with key stakeholders. The mitigation and management strategies would also address the cumulative impacts identified during the social impact assessment where appropriate and as necessary. This part of the SIA report has taken into account the inputs from the following parts of the report: Mitigation Plan, Rehabilitation & Resettlement and Entitlement framework. This chapter provides the institutional framework for implementation including Monitoring and Evaluation.

3.1 Development Initiatives under Mitigation Plan

As per the provisions of Section 6 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 and Chapter II point 4 of the Himachal Pradesh Rules, 2015, the statutory requirement is to prepare a Mitigation Plan for the Requiring body to implement for the PAFs where the land acquisition takes place. The eight revenue villages come within the ambit of it. Following are some of the mitigation measures.

1. Afforestation.—The area of proposed land acquisition is depleting in terms of its forest cover as the average rain fall has reduced over a period of time. To restore the ecosystem and mitigate the ecological losses, afforestation can be undertaken in the government land. The process should involve the forest department, acquiring body and the community. These efforts will not only help in restoring the losses but also provide employment opportunity to local people.

2. Lift irrigation system.—Agriculture is the main occupation of the people from hill top to bottom, which is getting adversely affected in the region as natural source of water are drying, locals used to use that water for year round agriculture but now due to paucity of natural sources of water, their agriculture income is adversely affected. As per the discussion with the locals, if the natural sources/ channels of water are revived and river water is lifted to the hill top and flown, farmers can make arrangements of cultivation from this water and their income and agriculture can be restored in the long run.

Such technology can be searched out within the country as well as out of the nation and a pilot project can be initiated in the area for which special budget provision can be made by administration, requiring body and concerned department. A separate study can also be conducted to access the viability of such initiatives as well cost and impact of it in the area.

3. Water Supply and its Quality.—As per the discussion and observation during the home visits and community meeting in Moin Village of Neether Panchayat, the villagers are suffering from tooth disorders due to the excess fluoride in drinking water. Hence this issue should be taken up and arrangements should be made the test the quality of water and if Fluoride is evident in the water concern department must make arrangements for supply of safe drinking water.

4. Hospital.—SJVN is running a hospital in the area and also providing free medical camps in the villages. Apart from that, they can run Ambulance (like NHM) having toll free number specifically for the pregnant ladies and infants/ old age people so that timely referral can be made. The existing hospital at Bayel which can be upgraded to L3 level hospital with HR, equipment etc. in consultation with Health Department and the Requiring Body. Similarly, there is a PHC Neether has one PHC with only basic facilities which can be further upgraded to L2 Level facility having delivery facility and all essential test in consultation Medical and Health Department (NHM).

5. School and Scholarships.—SJVN is running a school for better future and quality education of the children in the area, children from the PAFs may be considered for admission and fee concession also provide scholarships to students having highest score in the exams.

SJVN can help the students opting for higher education/professional trades such as engineering, medical, law and CA/CS etc. for which they can share a percentage of fees/accommodation cost of the student and later absorb them in the organisation as per their skills. This is a long term investment for requiring body as well as great help to the affected families who are making efforts for their children education.

6. Technical Institution.—Technical institution can be established in the area or collaborated with existing technical institution, having courses like Food Preservation and Processing, civil construction and electric related course apart from vehicle repair etc. related trades therein. A survey can be done to understand the future needs of the area, available resources and interest of the PAFs before finalising the trades for the technical institution.

7. All Weather Roads.—As per the observation of the area and demand of the villagers all weather roads must be built and maintained in the area. Gadej Panchayat is very close by the present set up of colony still the approach road to the village is not Pakka whereas this village is a11544 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 major producer of Organic Paddy in the area. Hence, all weather roads connecting to all the affected villages must be ensured; government programmes and departments like PWD should be involved.

8. Free Power Supply to the Project Affected Families.—Each PAFs shall be provided with 100 units of free power per month for 10 years after commissioning of the project.

9. Promotion of sports.—Youth / Sports person from the PAFs shall be promoted, for that matter, SJVN can sponsor sports competition in the affected Panchayats and provide sports kits to the local sports clubs. Bright athletes can further be promoted and given employment opportunity in the project.

10. Awareness Camps.—Empowerment and awareness of the society are the pre requisites for any community to develop various awareness programs related to health, nutrition, social rights, which shall be organised from time to time in the area. As per the observation of the SIA team, smoking and drinking is prevalent in the area, a special awareness drive should be started for the same.

Income Restoration Initiatives under Mitigation Plan

The hydro-electric project acquisition proposal covers Panchayats predominantly dependent on Horticulture for their livelihoods. This project will cause some positive and adverse impacts on the livelihoods of project affected families. It will have negative impact on the socio-cultural systems of their affected communities. Restoration of pre-project levels of income is an important part of rehabilitating such individuals, households, families, socio-economic and cultural systems in the project affected areas. Thus, the basic objective of income restoration activities is that all PAFs shall enjoy the quality of life as good as they enjoyed before the acquisition.

(a) Promotion of Tourism.—Here to mention that Shimla is connected to Spiti through National Highway which passes through this project side, if adequate attention is given by the administration, this area can be a developed as tourist destination as well as hub for water related activities /sports. River side camps and rafting can be promoted in the PPP mode which would generate regular income for the PAFs.

(b) Forming and Strengthening Self-Help Groups (SHGs).—During FGD, PAFs were specifically asked about their preference for rehabilitation in case they are affected or displaced by the proposed project. The Project should provide facilities for women to form SHGs or strengthen existing ones with proper training and processing infrastructure for earning their livelihoods.

(c) Food Processing Units and Cold Storage.—This area is rich in Apple and plum production and there are presently two private cold storage units established in the area. Possibilities of establishing government cold storage of smaller capacity can be explored by the concerned department and project authorities, which would be beneficial to small and marginal horticulturist. This would help them in storing the surplus yield at lesser price and some may gain employment as well. Possibilities of establishing Agro-based Food Processing Unit should also be explored in the area. Fishing and Related Processing Unit can be another area for sustainable income source for the PAFs. Allthiscan be explored in consultation with the concerned departments/district administration and entrepreneurs among the PAFS.

(d) Institutional linkages for income restoration.—During the survey, it was observed that majority of the eligible families for income restoration had been earning their livelihood through horticulture, petty businesses and livestock. Project can play a proactive role to mobilize11545 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 PAFs to organize Self Help Groups (SHGs) to get some vocational/ skills training opportunities and also support in establishing forward and backward linkages for raw materials, inputs, besides marketing and credit facility. District administration and other stakeholders in institutional financing and marketing will prepare micro-plans for undertaking such activities. In case of creation of alternative livelihoods schemes, felt needs of the target group population will be studied and prioritized through people's participation. The PAFs will participate in developing feasible long-term income generating programs. Various poverty alleviation and income generation schemes sponsored by Government of Himachal Pradesh and Government of India can be converged for income restoration of PAFs.

(e) Project based Employment.—PAFs can access to project-related employment opportunities such as work under the project construction and maintenance contractors.

Development of Farmer & Community Oriented Setup.—

• Seed banks can also be promoted to safeguard the original/ indigenous seeds of the area and further promoted among farmers.

• Gau-shala can also be planned for the stray cow by the state government/ SJVN, to save guard farmers from loss of crops and plants because of them and promote organic farming (apple and other fruits) using cow dung.

• There is no regulated Mandi (Rural Haat) in the area which can support small, medium as well as big farmers. This type of initiative can be one of its kind in the apple growing areas.

• There is a need of Financial education for the PAFs, as it had been observed in many land acquisition for development projects—that whenever the bulk money has been disbursed to the families, that money is utilised not so judicially by the family members and generally spent on the luxuries and not so necessary items and changes the spending patterns and lifestyle of the individuals/families. Sometime this also causes loss of traditional and cultural practices prevailed in the society. Many families are not aware of the financial management as a whole, hence concern here is compensation money will not last for long and ultimately adversely affect the families as well as society in the long run. It is advisable that acquiring authority must organize "Financial Literacy Camps" in affected project area with the help of external agency and educate about the Financial Management.

The requiring body should consider preparing a detailed Mitigation Plan in accordance to the above-mentioned suggestions, since it has been drafted from the specific feedback received from the local community and PAFs.

Local Area Development Fund

LADF Contribution is 1.5% and not 1% of the project cost for LADA during construction period of the project. Thereafter commissioning of the project 12% of free power to State Govt., additional 1% shall be earmarked for the LADF to provide a regular stream of income generation and welfare schemes creation of additional infrastructures and common facilities on a sustained and continued basis over the life of the project. The Govt. of HP may also provide matching 1% from its share of 12% free through plan/budgetary provisions to the LADF. This provision need to be given place in SIMP.

This SIA report will be beneficial for the implementing agency for undertaking land acquisition process and also to prepare a Plan of Action according to the aspiration conveyed by the PAFs and others during public consultations and surveys. As per the Act, 2013, the SIA study is unique in many ways. Pre land acquisition census and public consultation was done under SIA study. There was a good opportunity for the team to understand through FGD and PRA exercises the perception of the PAFs. the communities and the opinion makers in each village.

Generally, the loss of landed properties which are used for agricultural purpose and residential houses would need appropriate mitigation and compensation. In the light of the findings of the study, the following steps may be taken for successful implementation of the project.

During the FGD all the affected people were willing to provide their land for the hydro- electric project. Only few were raising reservation on the ground that anticipated compensation would be rather low. Further, proper in-time problem-free compensation to the affected people was demanded which would not make them feel their loss after acquisition of land. There must be a hassle-free payment procedure as they are apprehending that delay would be faced after the lands are acquired. It is recommended that due compensation should be paid before taking possession of the acquired lands.

The SLA report identifies vulnerable PAFs like Physically and Mentally Challenged and Women-headed Households who will face adverse impacts due to land acquisition in the hydro- electric power project. It is recommended to provide additional support in terms of skill development and income restoration to at least one member from each vulnerable family.

Table: Key Impacts due to Hydro Electric Project and Suggested Measures for Mitigation

Table: Details of PAFs Loosing Land by Revenue Villages

3.3 Outlay for SIMP implementation

The entitlement framework and the process of rehabilitation and resettlement have been furnished earlier in the backdrops of the legal provisions applicable for the project affected families. Details of Cost of Resettlement and Rehabilitation has been worked out and given in the following tables:

Table: Details of Compensation on Trees

Table: Details of Total Costs for Land Acquisition, Rehabilitation and Resettlement

**The compensation for land acquisition doesn't include compensation for standing crops.

Information collected during the survey is based on the interviews of the PAFs and the information provided by them is considered true but it is not the authentic version of ownership entitlement. The total land area belonging to the private comes to 50.9712 hectares for which, on the basis of the computation of compensation formula, the tentative land compensation (excluding compensation for standing crops) works out to Rs. 2347429563.50/- (Rupees two thirty-four crores seventy-four lakhs twenty-nine thousand five sixty-three and fifty paisa only). At 12 percent rate of interest on the compensation of land, an amount of 281691547.62/- (Rupees twenty-eight crores sixteen lakhs ninety-one thousand five hundred forty-seven and sixty-two paisa only) has been estimated for payment as per Section 30(3) of Act, 2013.

The compensation for trees is estimated as 37013000/- (Rupees three crores seventy lakhs thirteen thousand only). However, the number of the trees will be enumerated and the actual value will be assessed by the competent authorities.

This estimation of compensation for land acquisition doesn't include compensation for standing crops. The cash compensation against crops will be provided at market cost of mature crops based on the average production.

The entitlements for R&R expenses are totalling to Rs. 42739000/- (Rupees four crores twenty-seven lakhs thirty-nine thousand only). The total for land acquisition including R&R is estimated as Rs. 2979760422.23/- (Rupees two ninety-seven crores ninety-seven lakhs sixty thousand four hundred twenty-two and twenty-three paisa only). However, the final compensation amount for the land acquisition and structures will be determined by the Competent Authority as per the Act 2013. The traditional forest-dwellers may also be compensated as per the provision for the Schedule-2 of Act, 2013. Further, the cost of the Mitigation Plan has not been included in the said computation.

3.4 Institutional Arrangement Appraisal of Social Impact Assessment Report

Social Impact Assessment report must be evaluated by an independent multi–disciplinary expert group as may be constituted by the government. As per the Act, 2013 under sub-section (1) section 7, the expert group shall include the following—

• Two Non-official social scientists. • Two Representatives of Panchayats, Gram Sabha. • Two Experts on Rehabilitation. • A technical expert in the subject relating to the project.

The Government may nominate a chairperson from the expert group itself. The expert group has to make a recommendation within two months from the date of its constitution as to whether the project shall be abandoned or be continued.

3.5 Rehabilitation and Resettlement Plan/Scheme and Social Audit

As per the Act, 2013, where land proposed to be acquired is equal to or more than 100 acres, the government shall constitute a "Rehabilitation and Resettlement Committee'' under the Chairmanship of the Collector. This committee would aim to review the progress of implementation of Rehabilitation and Resettlement Schemes or plan and to carry out the post- implementation Social Audit in consultation with the Gram Sabha. The members to be involved in the process of implementation and social audit thereafter, may be as follows:

2. A Representative each of SC and ST residing in the affected area.

3. A Representative of a Voluntary Organization (NGO) working in the area.

4. The Land Acquisition Officer of the Project.

5. The Chairperson of the Panchayat of the affected area or their nominee.

6. Member of Parliament and Member of Legislative assembly of the concerned area or their nominee (GP Pradhan).

7. A Representative of Requiring Body.

8. Administrator for R&R as the Member—Convenor.

3.6 Grievance Redressal Committee (GRC)

Efficient grievance redressal mechanism shall be developed to assist the PAFs to resolve their queries and complaints. Grievances of PAFs shall be first brought into the attention of field level functionaries of the project. Grievances not redressed by then will be brought to the Grievance Redressal Committee (GRC). The composition of the proposed GRC may be the same as R&R Committee. This committee may meet on the monthly basis or the case may be defined by the State Government.

The main responsibilities of the GRC may be:

i. Provide support to PAFs on problems arising from land/ property acquisition;

ii Record PAFs grievances, categorize and prioritize grievances and resolve them; and iii. Report to PAFs on developments regarding their grievances and decisions of the GRC.

Other than dispute relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. When any grievance is brought to the field level functionaries, it should be resolved within 15 days from the date of complaint. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint – failing which, the grievance will be referred to appropriate Court of Law for redress. Records will be kept of all grievances received including: contact details of complaint, date of the complaint, nature of grievance, corrective actions taken and the date these were effected, and final outcome.

3.7 Monitoring and Evaluation

Monitoring and Evaluation of the SIMP implementation is necessary as activities are to be executed by many agencies in a time bound manner. Monitoring involves periodic checking to ascertain whether activities are progressing as per the schedule whereas Evaluation is to assess the performance of the SIMP. For this purpose, a Monitoring and Evaluation plan needs to be11552 राजपत्र, हिमाचल प्रदेश, 24 मार्च, 2020/4 चैत्र, 1942 developed to provide feedback to the project authorities. Monitoring and Evaluation of R&R gives an opportunity to reflect on the success of the R&R objectives, strategies and approaches and to assess the efficiency and efficacy in implementation of R&R activities, their impact and sustainability. Monitoring will give particular attention to the project affected vulnerable families and groups such as Schedule Castes, Scheduled Tribes, BPL families, women headed households, widows, old aged and the physically or mentally challenged persons. An independent evaluation through third party is also necessary for mid and end term evaluation of SIMP implementation.

Internal monitoring

The internal monitoring for SIMP implementation will be carried out by the project authorities where main objectives will be to report progress against the SIMP schedule; check that agreed entitlements are delivered in full to affected families and people; identify any problems, issues or hardship resulting from the SIMP implementation and to take corrective actions; monitor the effectiveness of the grievance system and measure the satisfaction of PAFs. Internal monitoring will focus on measuring progress against the schedule of actions defined in the SIMP. Activities to be undertaken by the project authorities will include liaison with the Land Acquisition team, construction agencies and project affected communities to review and report progress; verification of land acquisition compensation delivery against entitlements in accordance with the SIMP; verification of implementation of agreed measures to restore income and living standards of PAFs; identification of any problems, issues, or hardship resulting from resettlement process; assess project affected families and peoples' satisfaction with resettlement outcomes; and redress grievances of PAFs to follow up that appropriate corrective actions. Field level officers of SJVN, in charge of SIMP implementation will track the R&R progress. For this purpose, the indicators suggested are as given in table 8.7.1.

Table: Indicators for monitoring of SIMP progress

महाल नित्थर, उप-तहसील नित्थर, जिला कुल्लू, हि.प्र.

हिमाचल प्रदेश तेरहवीं विधान सभा

अधिसूचना

शिमला-171004, 23 मार्च, 2020

सं0ःवि0स0-विधायन-प्रा0/1-1/2018.--राज्यपाल महोदय का निम्नलिखित आदेश दिनांक 23 मार्च, 2020 सर्वसाधारण की सूचनार्थ प्रकाशित किया जाता है :--

''मैं, बंडारू दत्तात्रेय, राज्यपाल, हिमाचल प्रदेश, भारतीय संविधान के अनुच्छेद 174 (2) (ए) द्वारा प्रदत्त शक्तियों के अनुसरण में हिमाचल प्रदेश तेरहवीं विधान सभा के अष्टम्‌ सत्र का तत्काल सत्रावसान करता हूं।

बंडारू दत्तात्रेय,

राज्यपाल, हिमाचल प्रदेश।''

आदेश द्वाराः-

(यश पाल शर्मा)

सचिव,

हि0 प्र0 विधान सभा।

_________

HIMACHAL PRADESH THIRTEENTH VIDHAN SABHA

NOTIFICATION

Shimla–171004, the 23rd March, 2020

No. V.S.-Legn.-Pre/1-1/2018.—The following order by the Governor of the State of Himachal Pradesh, dated the 23rd March, 2020 is hereby published for general information:—

''मैं, बंडारू दत्तात्रेय, राज्यपाल, हिमाचल प्रदेश, भारतीय संविधान के अनुच्छेद 174 (2) (ए) द्वारा प्रदत्त शक्तियों के अनुसरण में हिमाचल प्रदेश तेरहवीं विधान सभा के अष्टम्‌ सत्र का तत्काल सत्रावसान करता हूं।

बंडारू दत्तात्रेय,

राज्यपाल, हिमाचल प्रदेश।''

By Order:-

(Yash Paul Sharma), Secretary, H.P. Vidhan Sabha.

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित इलेक्ट्रॉनिक हस्ताक्षरित राजपत्र, वैबसाइट http://rajpatrahimachal.nic.in पर उपलब्ध है एवम्‌ ऑनलाइन सत्यापित किया जा सकता है