Legal and Regulatory Framework

Arunachal Pradesh's hydropower sector operates under a comprehensive legal and regulatory framework comprising national laws, state policies, and specialized guidelines.

Legal Hierarchy

Central Legislation

Electricity Act, 2003: Primary legislation governing power sector including hydropower generation, transmission, and distribution

Environment Protection Act, 1986: Covers environmental impact assessments and pollution control

Wildlife Protection Act, 1972: Protects biodiversity and wildlife habitats

Forest Conservation Act, 1980: Regulates forest land use and clearances

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013: Ensures fair compensation and proper rehabilitation for project-affected persons

State Legislation

Arunachal Pradesh Jhum Land Regulation Code, 1947: Governs land use in shifting cultivation areas

State Policies

Hydropower Policy 2007 and Amendment 2008: Provides framework for hydropower project identification, development, and regulation

Hydropower Policy 2008 Amendment 2017: Incorporates modern practices and technological advancements

Specialized Guidelines

Local Area Development Fund (LADF) Guidelines: Framework for 2% community development fund allocation

Restoration Policy: Guidelines for environmental restoration post-project completion

Key Legal Documents

Hydropower Policy Framework

Comprehensive policy document covering:

Project identification and allocation procedures
Environmental and social compliance requirements
Community benefit provisions
Approval and clearance processes
Performance monitoring mechanisms

Acts and Legislation

RFCTLARR Act, 2013: Ensures transparent, fair rehabilitation process for affected persons

Download RFCTLARR Act 2013 (PDF)

AP Jhum Land Regulation Code, 1947: Regulates land acquisition in shifting cultivation zones

Download AP Jhum Land Code 1947 (PDF)

Community Benefit Framework

LADF Guidelines: Specifies allocation, utilization, and monitoring of 2% community development fund

Environmental Framework

Restoration Policy: Environmental restoration standards and obligations

Regulatory Bodies and Committees

State Level Monitoring Committee (SLMC) Oversees project-specific environmental and social compliance

State Technical and Empowered Committee (STEC) Reviews technical aspects and provides clearance recommendations

Concession Committee Grants hydropower concessions through transparent bidding

Standing Committees Monitor implementation of specific project clusters

Compliance Framework

Environmental Compliance

Environmental Impact Assessment (EIA)
Forest clearance under Forest Conservation Act
Biodiversity assessment and protection
Pollution control measures
Water quality management
Environmental monitoring during and post-project

Social Compliance

Social Impact Assessment (SIA)
Public hearing and community consent
Rehabilitation and Resettlement plan implementation
Local Area Development Fund allocation
Grievance redressal mechanism
Community benefit delivery

Contractual Compliance

Performance as per concession agreement
Timely financial payments
Adherence to project schedule
Technical specification compliance
Quality assurance standards
Regulatory reporting requirements

Document Categories

Policies

Acts and Rules

Committee Orders

Key Legal Principles

Transparency: All procedures ensure transparency in project allocation and implementation

Accountability: Clear assignment of responsibilities and performance monitoring

Community Rights: Protection of community interests through legal safeguards

Environmental Protection: Stringent environmental compliance requirements

Fair Compensation: Adequate compensation for project-affected persons

Regulatory Compliance: Adherence to central and state regulations

Contact for Legal Matters

Commissioner, DHPD Email: commrdhpd.arn@gmail.com Phone: 8731931119 (PIO)

Civil Secretariat, Itanagar - 791111

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