Relevant Acts
Acts and Legislation
Hydropower projects in Arunachal Pradesh operate under several central and state legislation ensuring legal compliance, environmental protection, and social welfare.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013
Overview
The RFCTLARR Act 2013 is landmark legislation ensuring fair compensation and transparent rehabilitation process for persons affected by land acquisition for public purpose, including hydropower projects.
Key Provisions
Scope: Applies to all land acquisition affecting families in project-affected areas
Core Principles:
- Transparency in all processes
- Informed consent of landowners
- Fair and market-based compensation
- Livelihood restoration
- Rehabilitation and resettlement
- Social impact mitigation
- Community participation
Coverage for Hydropower Projects
Affected Persons:
- Project-affected families (PAFs)
- Landless laborers
- Tenants and sharecroppers
- Artisans and traders in project zone
- Fisherfolk and other primary users
Mandatory Coverage:
- All persons in project-affected villages
- Those with livelihood affected
- Persons in resettlement area
- Community members affected by project
Compensation Framework
Land Compensation:
- Market value-based compensation
- Solatium (additional compensation) of 100% of land price
- Interest at prescribed rates
Livelihood Restoration:
- Loss of livelihood compensation
- Vocational training support
- Business setup grants
- Subsistence allowance during transition
Rehabilitation Package:
- House allotment in resettlement colony
- Infrastructure development
- Community facilities (schools, health centers)
- Water supply and sanitation
- Roads and connectivity
Additional Benefits:
- Employment in project (at least 10% in construction phase)
- Training for skilled employment
- Land-based livelihood restoration
- Business support
- Pension for elderly and disabled
Process for Hydropower Projects
- Pre-Acquisition Survey: Socio-economic survey of affected persons
- Public Notification: Declaration of project affected area
- Objection Hearing: Public hearing for registered objections
- R&R Plan Preparation: Comprehensive rehabilitation plan
- Stakeholder Approval: Consent of affected persons
- Acquisition Notification: Official land acquisition declaration
- Compensation Payment: Timely compensation disbursement
- Rehabilitation Implementation: R&R plan execution
- Grievance Redressal: Dispute resolution mechanisms
- Monitoring and Evaluation: Performance tracking
Compliance in DHPD Projects
All hydropower projects under DHPD oversight ensure:
- Full RFCTLARR compliance
- Fair compensation payment
- Livelihood restoration
- Community participation
- Transparent grievance redressal
- Regular monitoring
- Social audit verification
Document: Download RFCTLARR Act 2013 (PDF)
Arunachal Pradesh Jhum Land Regulation Code, 1947
Overview
Historic legislation governing land use in areas practicing shifting cultivation (jhum), ensuring balanced development while protecting agricultural lands.
Applicability to Hydropower
Many hydropower projects in Arunachal Pradesh are located in jhum cultivated areas, requiring compliance with this code.
Key Provisions
Land Classification:
- Jhum cultivation areas
- Permanent settlement areas
- Community forests
- Protected lands
Development Restrictions:
- Limited non-jhum land conversion
- Protection of community rights
- Sustainable land management
- Cultural preservation
Land Use for Hydropower Projects:
- Requires state government approval
- Environmental impact assessment
- Community consent process
- Compensation to jhum cultivators
- Alternative livelihood provisions
Community Rights Protection
Traditional Rights:
- Grazing rights
- Forest product collection
- Water use rights
- Community land use
Project Accommodations:
- Rights continuation where feasible
- Compensation for lost rights
- Alternative areas provision
- Community forest development
Consultation Requirements:
- Village councils engagement
- Community discussions
- Tribal leadership consultation
- Women's group participation
DHPD Compliance
Hydropower projects in jhum areas ensure:
- Code compliance
- Community consultation
- Rights protection
- Fair compensation
- Cultural respect
- Sustainable development
Document: Download AP Jhum Land Code 1947 (PDF)
Other Applicable Central Legislation
Electricity Act, 2003
Comprehensive legislation governing:
- Power generation
- Transmission and distribution
- Tariff determination
- Regulatory framework
- Consumer protection
- Grid operations
Environment Protection Act, 1986
Covering:
- Environmental Impact Assessment
- Pollution control
- Water quality management
- Air pollution control
- Environmental enforcement
Wildlife Protection Act, 1972
Protecting:
- Wildlife habitats
- Protected areas
- Wildlife in project zones
- Biodiversity conservation
- Species protection
Forest Conservation Act, 1980
Governing:
- Forest land use
- Forest clearances
- Afforestation requirements
- Forest protection
- Environmental restoration
Legal Compliance in DHPD Projects
All hydropower projects ensure comprehensive compliance with:
- RFCTLARR Act 2013
- Arunachal Pradesh Jhum Land Regulation Code
- Electricity Act 2003
- Environment Protection Act 1986
- Wildlife Protection Act 1972
- Forest Conservation Act 1980
- State hydropower policies
- Supreme Court orders and directives
Contact for Legal Information
Commissioner, DHPD Email: commrdhpd.arn@gmail.com Phone: 8731931119 (PIO)
Civil Secretariat, Itanagar - 791111
Related Resources
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