SFG1010 V2 REV Environmental & Social Policy & Procedures (ESPP) Volume II (Annexures) Department of Power, Nagaland (DPN) April, 2015 List of Annexures Annexure No. Title 1 Comprehensive Details of Nagaland 2 Nagaland Investment Plan under NERPSIP (GoI & World Bank Funding) 3 Social Management Framework (SMF) Salient Features of the Right to fair compensation and Transparency in Land Acquisition, 4 Resettlement and Rehabilitation Act, 2013 (RFCTLARRA, 2013) 5 Salient Features of the Electricity Act, 2003 6 Tree/Crop/Tower Footing Compensation Process (other than Forest Land Compensation) 6a Typical Plan of Transmission Line Tower Footings 7 Health and Safety Checklists 8 Regulations for measures relating to Safety and Electric Supply 9 Right of Way/Width (RoW) in Forest: 132 kV S/C Line during construction 10 Forest Clearance Process 10a Online Submission and Monitoring of Forests Clearances Proposals (OSMFCP) 11 Environment Impact Assessment Notification, 2006 12 Form –8 for Disposal of Batteries Hazardous Waste(Management, Handling & Trans-boundary Movement) Rule, 2008 13 notification dated 24th Sept.’ 2008 14 Form-2 for Maintaining Records of E-Waste Handled / Generated 15 Pro-forma for Environment and Social details for Transmission Line and Sub-Stations 16 Format for details of Sites identified for Substations 17 Sample ToR for Bio-diversity Assessment 18 Safety Plan 19 Checklist for Inspection of Transmission Lines and Substation 20 Contents of Initial Environment Assessment Report (IEAR) 21 Contents of Compensation Plan for Temporary Damages (CPTD) 22 Contents of Final Environment Assessment Report (FEAR) 23 DPN’s Public Consultation Process Environmental and Social Policy & Procedure – Nagaland i Annexure-1 Comprehensive Details of Nagaland and its Environmental & Social Sensitivities The environmental and social conditions in the state which can have any interaction with the project activities due to the construction operation and maintenance have been identified. These important aspects have been described in the sections below. 1.1 HISTORY The Naga’s have distinct traditional customs and have always wanted the governance to be in accordance to the traditional definition. After the independence of India in 1947, the area remained a part of the province of Assam. The 13th Amendment Bill of the Constitution and the Nagaland State Bill was formally adopted in September, 1962 leading to the formation of the sate of Nagaland. The 13th Constitution Amendment added one Article to the constitution of India which was termed as Article 371A. This ensured the creation of the Nagaland state and made certain special provisions for the protection of the customary laws and religious beliefs of the Naga people. It was laid down that no Act of Parliament in respect of - religious or social practices, customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, ownership and transfer of land and its resources would be applicable unless it is approved by the state legislature. 1.2 GOVERNANCE & ADMINISTRATION Nagaland is safeguarded by Article 371A of the Indian Constitution which states that no Act of Parliament in respect of  religious or social practices of the Nagas;  Naga customary law procedure;  administration of civil and criminal justice; and  ownership of land and its resources shall apply to the state of Nagaland unless approved by the state legislature. Environmental & Social Policy Procedure (Transmission & Distribution): Assam Districts & Headquarters There are 11 districts in Nagaland. These are: Dimapur, Kiphire, Kohima, Longleng, Mokokchung, Mon, Peren, Phek, Tuensang, Wokha and Zunheboto. The state capital is Kohima. Following Table Error! No text of specified style in document.-1 depicts administrative setup of Nagaland. TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-1: ADMINISTRATIVE SETUP IN NAGALAND Sl. No. District District Headquarters Blocks 1 Mon Mon Chen, Aboi, Angjangyang, Mon, Phomching, Tizit, Tobu, Wakching 2 Mokokchung Mokokchung Changtongya, Chuchuyimlang, Kubolong, Longchem, Mangkolemba, Ongpangkong South, Ongpangkong North, Tsurangkong, Tuli 3 Zunheboto Zunheboto Akuluto, Akuhaito, Ghathashi, Sataka, Suruhoto, Satoi, Tokiye, Zunheboto 4 Wokha Wokha Bhandari, Chukintong, Changpang, Sanis, Ralan, Wokha, Wozhuro- 5 Dimapur Dimapur Dhansiripar, Aghunaqa, Chumukedima, Kuhuboto, Medziphema, Niuland 6 Phek Phek Kikruma, Meluri, Pfutsero, Phek, Sekruzu 7 Tuensang Tuensang Tuensang, Chare, Chessore, Kiphrie, Longkhim, Longleng, Noklak, Noksen, Pungru, Samator, Sitimi, Tamlu, Thonoknyu 8 Longleng Longleng Longleng, Sakshi, Tamlu 9 Kiphire Kiphire Khonsa, Kiphire, Longmatra Pungro, Sitimi 10 Kohima Kohima Chiephobozou, Jalukie, Jakhama Kohima, Peren, Tenning, Tseminyu 11 Peren Peren Athibung, Jalukie, Peren Tening Village Councils Most of the villages in Nagaland, are like little republics governed by their democratically elected Village Councils. The village councils determine the need for housing, sustenance and allotment of land management of community forests etc. It also lays down rules for the Page |2 Environmental & Social Policy Procedure (Transmission & Distribution): Assam management of the community forests. The rights of the Village Council are absolute and their decisions are seldom questioned by the members of the community. The Village Council is the overall authority for the administration of justice within the village. It’s powers and duties as enshrined in the said Act, provide for the following: 1. To formulate Village Development Schemes to supervise proper maintenance of water supply, roads, forest, education and other welfare activities. 2. To help various Govt. Agencies in carrying out development works in the village. 3. To take development works on its own initiative or on request by the Govt. 4. To borrow money from the Govt., Banks or financial institutions for application in the development and welfare work of the village and to repay the same with or without interest as the case may be. 5. To apply for and receive grant-in-aid, donations, subsidies from the Govt. Or any agency. 6. To provide security for due repayment of loan received by any permanent resident of the village from the Govt., Bank or Financial Institution; 7. To lend money from its funds to deserving permanent residents of the village and to obtain repayment thereof with or without interest. 8. To forfeit the security of the individual borrower on his default in repayment of loan advanced to him or on his commission of a breach of any of the terms of loan agreement entered into by him with the Council and to dispose of such security by public auction or by private sale. 9. To enter into any loan agreement with the Govt., Bank and Financial Institutions or a permanent resident of the village 10. To realize registration fees for each litigation within its jurisdiction; 11. To raise fund for utility service within the village by passing a resolution subject to the approval of the state Govt.; Provided that all monetary transactions shall be conducted through a scheduled bank or the Nagaland State Coop. Bank; Page |3 Environmental & Social Policy Procedure (Transmission & Distribution): Assam 12. To constitute a Village Development Board (VDB); 13. To empower certain Acts in the event of epidemic. 1.3 DEMOGRAPHIC PROFILE According to census 2011, Nagaland has population of 19.80 Lakhs, a decrease from figure of 19.90 Lakh in 2001 census. Total male and female are 10,25,707 and 9,54,895 respectively. The population of Nagaland forms 0.16 percent of India in 2011.Literacy rate in Nagaland has seen upward trend with the literacy rate improving from 66.59 in 2001 to 79.55 percent in 2011 as per the census. The male literacy stands at 82.75 percent while female literacy is at 70.01 percent. Population density in Nagaland is 119 per sq km which is lower than national average 382 per sq km. Also sex Ratio in this state is 931 i.e. for each 1000 male, which is below national average of 940 as per census 2011.Nagaland has also witnessed rapid urbanisation in the last decade with, 28.86% people living in urban areas. According to the Census figures most of urbanisation has taken place in the last decade. The Naga people are a conglomeration of several tribes, have similar cultures and traditions. As of 2012, the state of Nagaland officially recognises 17 Naga tribes. Prominent Naga tribes include Angami, Ao, Chakhesang, Chang, Khiamniungan, Konyak, Liangmai, Lotha, Pochury, Rongmei, Zeme. The Naga tribes constitute 98.2% of the population.. In addition, some other Naga tribes occupy territory in the contiguous adjoining states of Manipur, Assam, and Arunachal Pradesh, India; and across the border in Burma. The Naga speak various distinct Tibeto-Burman languages, including Lotha, Angami, Pochuri, Ao, Poula (Poumai Naga), Inpui, Rongmei (Ruangmei), Tangkhul, Thangal, Maram, and Zeme. In addition, they have developed Nagamese Creole, which they use between tribes and villages, which each have their own dialect of language. TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-2: DEMOGRAPHIC PROFILE OF NAGALAND Sr. Sex Literacy Population District Population Male Female No. Ratio (%) Density 1 Dimapur 378811 197394 181417 919 84.79 409 2 Kohima 267988 138966 129022 928 85.23 183 3 Mon 250260 131753 118507 899 56.99 140 4 Tuensang 196596 101933 94663 929 73.08 78 Page |4 Environmental & Social Policy Procedure (Transmission & Distribution): Assam Sr. Sex Literacy Population District Population Male Female No. Ratio (%) Density 5 Mokokchung 194622 101092 93530 925 91.62 121 6 Wokha 166343 84505 81838 968 87.69 102 7 Phek 163418 83743 79675 951 78.05 81 8 Zunheboto 140757 71217 69540 976 85.26 112 9 Peren 95219 49714 45505 915 77.95 58 10 Kiphire 74004 37830 36174 956 69.54 65 11 Longleng 50484 26502 23982 905 72.17 90 Source: Census of India 2011 1.4 LAND AGRICULTURE & FOREST Geographically, the state largely has vast undulating terrain and hilly landscape and some low lying areas giving rise to a very conducive climate with presence of perennial water and moisture for truly rich variety of flora and fauna and also agriculture. About 70% of the population depends on agriculture. Rice is the staple food and occupies about 70% of the total cultivated area, consisting about 75% of the total food grain production1. Other important crops include corn, millets, pulses, tobacco, oilseeds, sugarcane and potato. According to the 2004 State Human Development Report for Nagaland, 90 percent of area under agricultural cultivation in Nagaland is under Jhum cultivation. In this state 6.3 lakh ha of land is used for shifting cultivation involving 1, 16,046 families2. Traditionally and up to the present, the land of most Naga tribes is classified broadly into primary or agricultural land and reserved land. The reserved land consists of (i) land kept for public purposes including forest land under the control of the village council. (ii) Clan or khel land used by clan members (iii) Inherited or acquired privately owned land. Since the topography is interlocked with mountains in Nagaland, cultivable land is the most valued form of property for its economic, political and symbolic significance. It is a productive, wealth-creating and livelihood sustaining asset. Naga society is based on patrilineal descent; hence children take their social identity from their father and are placed http://www.agringl.nic.in/ 1 2 Shifting cultivation in North East India by R.S Tripathi and S.K Banik Page |5 Environmental & Social Policy Procedure (Transmission & Distribution): Assam in his agnatic group and familial unit. A female child’s membership of her father’s agnatic unit is neither permanent nor complete. In Naga societies, property is inherited by the male heirs and transmitted through them. They have legal rights in ancestral property. The women have no share in such inheritance although acquired properties can be gifted to daughters also. Forest Land can also belong to individual, clan or village. 1.5 ENVIRONMENTAL BASELINE Nagaland, though a small state in terms of area, has a rich and varied heritage of biodiversity owing to its varying physiographic and geo-climatic conditions favourable for luxuriant growth of vegetation. It varies from tropical rain forest to alpine vegetation and from evergreen forest to sub-tropical climatic region. Nagaland is located in one of the 25 hotspots of the world in terms of biodiversity. The state supports approximately 2,431 species belonging to 963 genera and 186 families under angiosperms. Gymnosperms also register their presence with 9 species, under 6 genera from 5 families. The faunal diversity in the state is also rich with rare birds and animals. There are about 32 species of mammalian fauna, 65 species of avian fauna, 42 fish species belonging to 10 families and 24 genera, and 9 species of reptilian fauna. A few areas of the state are still pristine and harbour a wide variety of endemic species of plants, animals and micro-organisms. However, in recent times, the biodiversity of the state is facing serious threats due to increasing population, pressure on agriculture to bring more areas under cultivation and other developmental activities. There are 4 major river systems in the state, namely Doyang, Dhansiri, Dikhu and Tizu. Of these, the first flows towards the west through the Assam plains to join the mighty Brahmaputra; while Tizu river system flows towards the east and southeast and pours into the Irrawadi in Myanmar. The predominant source of water in the State is surface water, in rivers, streams, ponds and natural springs and subsurface water occurring as ground water. Nagaland being a special tribal state, authority over land and its resources is largely vested with the communities and the government totally depends on their permission. Attempts at convincing the communities to share the water resources have been met with limited success. Local conflicts and quarrels over water is a rising phenomenon across the State. 1.6 FOREST Page |6 Environmental & Social Policy Procedure (Transmission & Distribution): Assam Forest cover constitutes 78.68 % of the total area of this State. The recorded forest area of Nagaland is 9,222 sq. km. The forest cover map and district wise forest cover of Nagaland is presented in Figure Error! No text of specified style in document.-1 and Page |7 Environmental & Social Policy Procedure (Transmission & Distribution): Assam Table Error! No text of specified style in document.-3. Forest of Nagaland is classified into six forest type group viz. Tropical Wet Evergreen, Tropical Semi-evergreen, Sub-Tropical Broad-leaf Wet Hill, Subtropical Pine, Montane Wet Temperate and Temperate forest where about 50% of forests are Tropical Moist Deciduous (47.43%) followed by Tropical Broad leaf Hill forest (15.56%)3. Tuensang district has largest area of Very Dense forest while Mon District has the least density of forest and most of it is open forest. 3 State Forest Report, 2013 Page |8 Environmental & Social Policy Procedure (Transmission & Distribution): Assam FIGURE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-1: FOREST COVER OF NAGALAND Page |9 Environmental & Social Policy Procedure (Transmission & Distribution): Assam TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-3: DISTRICT WISE FOREST COVER IN NAGALAND Moderately Percent of Geographica Very Dense Open Total Dense Geographic District l Area Forest Forest (sq. Forest Area (sq. km.) (sq. km.) (sq. km.) km.) (sq. km.) (%) Area in sq. km. Dimapur 758 0 75 325 427 56.33 Kohima 3283 289 1136 1472 2897 88.24 Peren* Mokokchung 1615 6 519 835 1360 84.21 Mon 1786 32 451 720 1203 67.36 Phek 2026 276 652 764 1692 83.51 Tuensang Kiphire* 4228 609 1027 1490 3126 73.94 Longleng* Wokha 1628 1 491 862 1354 83.17 Zunheboto 1255 85 385 515 985 78.49 Grand Total 16579 1298 4736 7010 13044 78.68 Source: State Forest Report, 2013; * These districts are recently carved out Above 90% of the forest of Nagaland is governed by private (individual or communities). These forests are mainly individual forest, village forest, group of village forests, restricted forest, sacred forests etc. Village committee or village council manages and protects these forests. Sometime forest committee is formed within the village council to manage village forests. These committees mainly regulate tree cutting, indiscriminate cattle grazing and any others prohibited work as laid down by the committee. 1.7 PROTECTED AREA NETWORK Four protected forests (viz. Intanki National Park, Singphan Wildlife Sanctuary, Fakim Wildlife Sanctuary and Puliebadze Wildlife) are situated in Nagaland (Table Error! No text of specified style in document.-4). Also there are nine Important Bird Area (IBA) sites in this state. In Peren district, the Intanki National Park reserves diverse range of flora and fauna. Elephant, Hoolock Gibbon, Mithun, Sambar, Barking Deer, Goral, Flying Squirrel, Wild Dog, Leopard, Sloth Bear, White-winged Duck, Rufous-necked Hornbill, Grey Sibia etc. can be P a g e | 10 Environmental & Social Policy Procedure (Transmission & Distribution): Assam found at this National Park. Fakim Wildlife Sanctuary and Puliebadze Wildlife Sanctuary both are IBA site and known for large range of avifauna species. Rangapahar Wildlife Sanctuary in Dimapur district is known for Deer habitats. Important bird species in Nagaland includes Blythe's Tragopan, Dark-rumped Swift, Chevron-breasted Babbler, Striped Laughingthrush, Brown-capped Laughingthrush, Streak-throated Barwing, Grey Sibia, White-naped Yuhina, Hume's Pheasant, Rufous-necked Hornbill, Beautiful Sibia, Pale-capped Pigeon, Wood Snipe, Chevron-breasted Babbler etc. These birds are found not only in protected area and reserve forest but also in village forests. TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-4: PROTECTED FOREST IN NAGALAND Sl. No. Protected Forest Area (sq. km.) District Habitats 1 Intanki National 202.02 Peren District White-winged Duck, Rufous- Park necked Hornbill, Grey Sibia, common pheasant and black star 2 Fakim Wildlife 6.41 Kiphire Blyth's Tragopan, Hume's Sanctuary Pheasant, Rufous-necked Hornbill, Grey Sibia 3 Puliebadze- 9.23 Kohima Blyth's Tragopan, Dark-rumped Dzukou-Zapfu Swift, Chevron-breasted Babbler, Striped Laughingthrush, Brown- capped Laughingthrush, Streak- throated Barwing, Grey Sibia, White-napedYuhina 4 Singphan WLS 23.57 Mon Sambar Deer, Spotted Deer and Barking Deer. 1.8 INTERNATIONAL BIRD AREAS Nagaland has nine Important Bird Areas (IBA) (refer Table Error! No text of specified style in document.-5). Many of these IBA are in reserve and community forests. TABLE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-5: IMPORTANT BIRD AREA IN NAGALAND IBA Site IBA Site IBA Criteraia Identification IN-NL-01 Fakim Wildlife Sanctuary and Saramati Area A1, A2 IN-NL-02 Intanki National Park A1, A3 IN-NL-03 Khonoma Nature Conservation and Tragopan A1, A2 Sanctuary P a g e | 11 Environmental & Social Policy Procedure (Transmission & Distribution): Assam IBA Site IBA Site IBA Criteraia Identification IN-NL-04 Mount Paona A1, A2 IN-NL-05 Mount Zanibu A1, A2 IN-NL-06 Mount Ziphu A1, A2 IN-NL-07 Pfutsero-Chizami A1, A2 IN-NL-08 Puliebadze Wildlife Sanctuary A1, A2 IN-NL-09 Satoi Range A1, A2 Source: http://ibcn.in/wp-content/uploads/2011/12/33-793_812-Nagaland.pdf 1.9 WETLAND Wetland plays an important role in preserving biodiversity and wildlife and also support livelihood of indigenous people. Nagaland has a total of 421 wetlands. These have been identified in the National Wetland Atlas of Nagaland. The important wetlands in the state are:  Doyang Lake located at a distance of 30 km from Wokha town and around 110 km away from Kohima. This man-made wetland is formed by putting a dam across the Doyang river under the NEEPCO-Hydro-Electric project. The Lake covers an area of 15.2 sq km and shows significant changes in the water spread area.  Chathe Reservoir located about 20 km away from Dimapur town. It is constructed as a water supply project to Dimapur town by the Dept. of Public Health Engineering. This wetland covers 601 hectares.  Shilloi Lake located about 270 km away from Kohima and about 190 km from Phek towards the India- Myanmar border. This Natural lake is just 0.11 sq km in area.  Part of Tizu River located about 230 km from Kohima near India- Myanmar border. This river and its tributaries serve as one of the major source of irrigation and is one of the main fishing potential zone in the State. 1.10 WILDLIFE HABITATS / CORRIDORS Amur falcon, a small raptor of the falcon family, is a small autumn passage migrant to Indian subcontinent (Figure Error! No text of specified style in document.-2). Nagaland in P a g e | 12 Environmental & Social Policy Procedure (Transmission & Distribution): Assam northeast India serves as a major stopover site for this species where it congregates in large numbers. The falcons descend to forested patches along the banks of the Doyang reservoir in Nagaland to roost at night. However no project (tranch 1) is planned in this area. FIGURE ERROR! NO TEXT OF SPECIFIED STYLE IN DOCUMENT.-2: AMUR FALCON MIGRATORY PATH http://www.nagalandconservation.in/amur-falcon-conservation/ P a g e | 13 Annexure 2 Annexure -3 SOCIAL MANAGEMENT FRAMEWORK (SMF) Part A: Acquisition of Lands and Structures. 1. The availability of land for substations is a potential social issue as fresh lands will be required for construction of substations. DPN shall secure/acquire the required land either through direct purchase on willing buyer & willing seller basis on negotiated rate or through donation as the new land acquisition act i.e RFCTLARRA, 2013 is not presently applicable in the State for purposes of private land acquisition as the State Legislative Assembly has not yet adopted the resolution regarding applicability of new act as per provision under article 371 A of the constitution of India.. However, as per past experience it has been noticed that the process of adoption of central act takes time due to involvement of elaborate consultation for arriving consensus. DPN taking note of that has taken a conscious decision that private land shall be secured through donations and/ or direct purchases on negotiated rate on willing buyer and willing seller basis till the new act is adopted by their State Assembly. The present land availability status of substations involved in tranche-1 is provided inTable –1. Table – 1: Land Availability Status for Substation S. N. Name of the substation Scope of work Land Status A. Transmission Substations 1. 132/33 KV Longnak New Fresh Land is not needed for 2. 132/33 KV Longleng New augmentation of substations except 3. 132/33 KV New Secretariat New Wokha as additional land is already Complex Kohima available with the Utility DPN. 4. 132/33 KV Pfutsero New However, fresh land to be acquired 5. 132/33 KVZunheboto New for all new substations. DPN, has 6. 132/33 KV Wokha Augmentation already identified land for these 7. 132/33 KV Mokokchung (State) Augmentation substations and land shall be secured 8. 220 KV Mokokchung (PGCIL) Augmentation either through direct purchase on 9. 132/33 KV Tuensung Augmentation willing buyer & willing seller basis 10. 220/132/33 KV New Kohima Augmentation on negotiated rate or through donation. B. Distribution Substations 1 33/11 kV substation (10Nos.) New Land available for only 2 substations i.e. Longleng, Mukokchong. For remaining 8 substations, DPN has identified land and shall secured the required land either through direct purchase on willing buyer & willing seller basis on negotiated rate or through donation 2. As per the provisions of ESPPF land for substations can be secured through following three methods; i) Purchase of land on willing buyer & Willing Seller basis on negotiated rate; ii) Voluntary Donation; and iii) Involuntary Acquisition. . 3. In case of procurement of land through private purchase, DPN shall ensure that compensation/rate for land is not less than the rate provided in the new land acquisition act, 2013. The finalization of land price/negotiation shall be through a committee. In order to comply with this provision DPN may organize an awareness camp where provisions of new act in respect of basis/modalities of compensation calculation shall be explained to land owners with specific State provision if any. 4. In case of voluntary donation of land the following shall be ensured:  The land user(s) will not be subjected to undue pressure for parting of land;  All out efforts shall be made to avoid any physical relocation/displacement due to loss of land;  The DPN shall facilitate in extending ‘gratitude’ to the land donor(s) in lieu of the ‘contribution’ if so agreed. The same shall be documented in the shape of MoU between donor and utility and subsequently title of land transferred in the name of DPN  All land donations (as well as purchases) will be subject to a review/ approval from a broad based committee comprising representatives of different sections including those from the IA and GoN. 5. In case of land acquired through involuntary acquisition, provisions of RFCTLARRA, 2013 shall be adopted. RFCTLARRA, 2013 has replaced the old Land Acquisition Act, 1894 and has come into force from 1st January 2014. The new act i.e. RFCTLARRA, 2013 authorizes State Govt. (i.e. GoN) or its authorized Government agency to complete the whole process of acquisition of private land by following the laid down procedures in the act/rules which include detailed Social Impact Assessment (SIA) and preparation/disclosure of Social Impact Assessment Plan (SIMP). Responsibility for SIA and R&R rests with the government of Nagaland and DPN’s responsibility is limited to identification and selection of suitable land based on technical requirement and ensuring budget allocation. 6. The provisions of new RFCTLARR Act, 2013 has brought about synergies with the World Bank policy and practices. These imply provisions like Social Impact Assessment; R&R Provisions and Entitlements; Focus on those losing livelihoods; Census surveys and R&R Plan; Providing options and choices; Replacement cost of Land and Assets (Net of Taxes); Additional provisions for disadvantaged groups; Full payment of compensation and R&R prior to taking over of land and assets and Consultations & Disclosures, Post implementation social audit and impact evaluation etc that are also key to the World Bank Involuntary Resettlement Policy. Safeguards against land acquisition: 7. The act has many provisions which will safeguard against indiscriminate acquisition of farm land and associated impacts like project specific SIA to conclude whether the proposed acquisition serves the public purpose; estimation of affected families and families likely to be displaced; extent of lands, public and private, houses, settlements and other CPRs likely to be affected; whether the extent of land proposed is absolutely bare minimum requirement; whether other alternative sites were considered and found not feasible and whether the social benefits outweigh social costs. Act has special provisions for land inhabited by SCs, STs; provisions restricting acquisition of land in excess of requirement. It discourages acquisition of multi-crop and irrigated land, and makes consent of land owners mandatory for private & PPP projects. Entitlements: 8. The entitlements with regard to compensation and assistances towards land acquisition or loss of any assets or livelihood for all categories of people being affected due to land acquisition is briefly outlined in Table – 2. TABLE-2. MINIMUM COMPENSATION & R&R ENTITLEMENTS FOR LAND ACQUISITION A Comprehensive Compensation Package Eligibility for Entitlement Provisions The affected families Determination of Compensation :  Land Owners: includes any person- 1. Market value of the land i) whose name is recorded as (he  as specified in the Indian Stamp Act, 1899 owner of the land or building or or part thereof, in the records of the  the average of the sale price for similar type of land authority concerned; situated in the village or vicinity, or or ii) any person who is granted forest rights under the Scheduled Tribes  consented amount of compensation as agreed in and Other Traditional Forest case of acquisition of lands for private companies Dwellers (Recognition of Forest or for public private partnership project. Rights) Act, 2006 or under any whichever is higher other law for the time being in Market value x Multiplier* between 1 to 2 in rural force; areas only (No multiplier in urban areas). or iii)who is entitled to be granted Patta 2. Value of the assets attached to land: rights on the land under any law of Building/Trees/Wells/Crop etc. as valued by relevant the State including assigned lands: govt. authority; or Land compensation = 1+2 iv) any person who has been declared as such by an order of the court or 3. Solatium: 100% of total compensation Authority; Total Compensation : 1+2+3 (*) Precise scale shall be determined by the State Govt. The indicative values of multiplier factor based on distance from urban areas as provided in the act. Radial Distance from Urban area (Km) Multiplier Factor 0-10 1.00 10-20 1.20 20-30 1.40 30-40 1.80 40-50 2.00 B. R&R Package Elements of Rehabilitation and Resettlement Entitlements for all the affected families (both land owners and the families whose livelihood is primarily dependent on land acquired) in addition to compensation provided above Sl. Elements of R& R Provision No. Entitlements Subsistence grant/allowance 1. Rs. 3000 per month per family for 12 months for displaced families a. Where jobs are created through the project, mandatory The affected families shall employment for one member per affected family; 2. or be entitled to: b. Rupees 5 lakhs per family; or c. Rupees 2000 per month per family as annuity for 20 years, with appropriate index for inflation; The option of availing (a) or (b) or (c) shall be that of the affected family i. A constructed house shall be provided as per the Indira Awas Yojana specifications. ii. A constructed house shall be provided, which will be not Housing units for displacement: less than 50 sq. mts. in plinth area. i) If a house is lost in rural 3. In either case the equivalent cost of the house may also be areas: provided in lieu of the house as per the preference of the ii)If a house is lost in urban project affected family. areas The stamp duty and other fees payable for registration of the house allotted to the affected families shall be borne by the Requiring Body. Transportation cost for 4. Rs 50,000/- per affected family displaced families Resettlement Allowance 5. Onetime Rs 50,000/- per affected family (for displaced families) Onetime financial assistance as appropriate for construction as 6. Cattle shed/ petty shop cost decided by St. Govt. subject to minimum of Rs.25,000/- Artisan/small traders/others Onetime financial assistance as appropriate as decided by 7. (in case of displacement) State Govt. subject to minimum of Rs.25,000/- Special Provisions for SCs/STs In addition to the R&R package, SC/ST families will be entitled to the following additional benefits: 1. One time financial assistance of Rs. 50,000 per family; 2. Families settled outside the district shall be entitled to an additional 25% R&R benefits; 3. Payment of one third of the compensation amount at very outset; 4. Preference in relocation and resettlement in area in same compact block; 5. Free land for community and social gatherings; 6. In case of displacement, a Development Plan is to be prepared 7. Continuation of reservation and other Schedule V and Schedule VI area benefits from displaced area to resettlement area. Social Impact Management Plan (SIMP): Establishment of Institutions 9. The following bodies are to be established permanently in the state (to cater to all projects proposed in future):  The State Social Impact Assessment Unit;  Selecting the SIA team for each project from the individuals and institutions registered/empanelled in the State Database  To develop Project specific ToR  Ensuring no conflicts of interest involving the team members  Land Acquisition Rehabilitation and Resettlement Authority;  Appointment of Presiding Officer  The office of the Commissioner Rehabilitation & Resettlement;  Appointment of Commissioner Rehabilitation and Resettlement  Appointment of Project Specific Administrator for Rehabilitation and Resettlement  The State Level Monitoring Committee;  User-friendly website as a public platform to disclose entire work flow of each acquisition case;  Formulation of Expert group to study SIA report and recommendation  Commissioner, R&R to appoint the members of the Expert Group  Names of group members to be publically disclosed 10. On confirmation of the scheme and finalization of land after exploring alternative site, the DPN would submit a proposal for acquisition of private selected land detailing the extent of land and its exact location. After due process of approval the government shall notify the affected area where selected land is situated for conducting detailed social assessment. Social Impact Assessments  A detailed Social Impact Assessment (SIA) studies shall be undertaken by an Independent Agency/Institution on a project specific TOR. The SIA agency shall first consult the concerned Panchayat, Municipality, District/Village Council at village level or ward level in the affected area to carry out SIA study. SIA shall assess the purpose of acquisition and estimate the affected families, gender, social group carry out analysis regarding impact on community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds grazing land, plantations, public utilities electricity supply and health care facilities. The SIA agency shall also prepare a Social Impact Management Plan (SIMP) listing ameliorative measures required for addressing the likely impact vis-à-vis intended benefit of the project. The SIA report and SIMP shall be subject to public hearing in the affected area after giving adequate publicity for the venue, time etc to ascertain the views of affected families/communities which shall be included in the SIA. The final SIA report shall be published including its translation in local language and shall also be made available to Panchyats, District/Village Councils & Deputy Collector/District Magistrate office for wider circulation. Explicit consent will be required in the case of lands in respect of tribal areas from ADC and the Village Councils. The process flowchart of SIA is presented in Fig-1. Fig-1 Process Flow chart of Social Impact assessment (SIA) Compensation and Rehabilitation and Resettlement (R&R):  Based on the SIMP, the Collector shall discuss the Package in a meeting with the Rehabilitation and Resettlement committee at project level, and submit the Package to Commissioner Rehabilitation and Resettlement along with his/ her remarks.  The Commissioner Rehabilitation and Resettlement shall, after due vetting, accords approval to the scheme and make it available in public domain.  After approval of R & R plan by Commissioner R & R , the Collector shall issue two awards one for land compensation based on procedures described in act & State’s rules and second for R & R as per approved SIMP .  The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements as approved and commencing from the date of the award.  The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families.  The Collector shall, as far as possible. not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional compensation equivalent to that of the compensation determined under this Act for the second or successive displacements. The complete activity flow chart is described in Fig -2. It may take about three years to complete the processes. It is also mandatory that no construction can start without the full payment of the compensations. FIGURE 2: ACTIVITY CHART 0F RFCTLARRA, 2013 PART B: Compensation Plan for Temporary Damages (CPTD) towards Erection of Tower/ Poles for Transmission/ Distribution Lines 1. Land requirements for erecting tower/ poles for transmission/ distribution lines are just minimal. All it requires is to place the foot, four of which warrants an area of 4-6 sq- ft. Lands in respect of the right of way are not acquired as agricultural activities can continue beneath the tower. Further, line alignments are done in such a way so as to avoid settlements and / or structures. Due to inherent flexibility in locating the poles, DPN’s avoids habituated area completely hence no relocation of population on account of TL/DL lines are envisaged. Thus, the actual impact is restricted to 4 legs of the tower. Agriculture can continue, as clearly depicted in the Figure-3. As per existing law, land for tower/pole and right of way is not acquired and agricultural activities are allowed to continue after construction activity. However, DPN pays compensation to the affected persons/ community for all damages including cost of land below tower to its owner without acquiring it. Thus, compensations are made for following:: (i) land cost of tower footings; (ii) standing crops; (iii) trees, if any; (iv) other assets like well and (v) any other damages/ effects. Capturing all these, the Implementing agency (IA) will prepare a Compensatory Plan for Temporary Damage (CPTD). The content/coverage of a typical CPTD is placed at the end. 2. Process. DPN through its “Bee” line survey (i.e. a desk review) on Survey of India (SOI) map (topo-sheets) preferably on 1:50,000 Scale, the Forest Atlas and or Google Earth map examine various route options at least 3 (Three) alternatives referring ‘Bee’ line as a guiding one between two or multiple origins of proposed transmission/distribution line avoiding/minimizing environmentally and socially sensitive areas based on base line data/information. 3. Taking reference to this desk review, a reconnaissance survey in-house or through other agency/ or walk-over survey is undertaken with hand-held GPS for on-site verifications to confirm findings of desk review survey or otherwise. During Recce or W/O survey it may also be possible to identify other better option of route following the criteria of avoidance & minimization, if so the same, after having collected/updated information/data may be considered as another alternative. 4. A Social (and Environmental) Assessment is conducted in respect of each of the chosen lines of alignment. The process involved extensive consultations with land owners/farmers and different stakeholders. FIGURE-3 TYPICAL PLAN OF TRANSMISSION LINE TOWER FOOTINGS X a a T R A Y N S M I S S I O N ACTUAL POSITION L ON GROUND INDICATIVE MEASURES I X & Y = 10-15 METERS N a = 300- 450 mm E 5. During the process public views and necessary inputs about surroundings/ villages/crops etc. are also necessary and noted for screening/scoping. After comparison and analysis of all E & S parameters so gathered for all alternatives and considering other significant economic benefit associated with the project/subproject, the most optimum route having minimum environment & social impact is selected for further investigation. 6. Site office will consults with state forest departments if the line is passing through forest areas. Revenue authorities will be consulted for their views on revenue/ other lands. Experts’ assistance will be taken, as appropriate, on valuing crops, trees and other assets. 7. Social Assessment concludes with: (i) selection of an optimum line; and (ii) a Social Management Plan viz., CPTD. All these are disclosed widely among the stakeholders as well as on the internet and evince a feedback. Due approval will be sought from District/ Village Councils. In case the scheme/project is implemented in predominantly tribal area a separate and comprehensive analysis in respect of likely impact both positive and negative shall be carried out and will be incorporated in the CPTD. 8. Responsibility for the conduction of SA, preparation of CPTD rests with the IA The ultimate authority for vetting the affected persons and the nature and extent of compensations rests with the Collector. The entitlement matrix for planning compensation for possible impact is as follows: Entitlement Matrix for CPTD S. No Issue/Impact Beneficiary Entitlement Options 1. Land area below Owner 100% land cost at market value as ascertained tower base. by revenue authorities or based on negotiated settlement without actual acquisition/title transfer. 2. Loss/damage to Owner/Tenant/ Compensation to actual cultivator at market crops and trees in sharecropper/ rate for crops and 8 years income for fruit line corridor leaseholder bearing trees*. APs will be given advance notice to harvest their crops. All timber* will be allowed to retain by the owner. 3. Other damages Actual cost as assessed by the concerned All APs (if applicable) authority. 4. Loss of structure (i) House Titleholders Cash compensation at replacement cost (without deduction for salvaged material) plus Rs. 25,000/- assistance (based on prevailing GOI norms for weaker section housing) for construction of house plus transition benefits as per category-5 below. (ii) Shop/ Individual/ Cash compensation plus Rs. 10000/- for Institutions/ Titleholders construction of working shed/shop plus Cattle shed transition benefits as per category-5 below S. No Issue/Impact Beneficiary Entitlement Options 5. Losses during Family/unit Provision of transport or equivalent cash for transition under shifting of material/ cattle from existing place (i) & (ii) above to alternate place for Shifting / Transport 6 Tribal/ Vulnerable APs1 One time additional lump sum assistance not Vulnerable APs exceeding 25% of total compensation on recommendation of State Authority/ADC/VC. * Assistance/help of Forest department for timber yielding trees and Horticulture department for fruit bearing trees shall be taken for assessing the true value. 9. A notice under Indian Telegraph Act/Electricity Act, 2003 is served to the landowners informing that the proposed transmission line is being routed through the property of the individual concerned. The notice shall contain the particulars of the land, ownership details and the details of the trees/crops inevitability likely to be damaged during the course of the construction of the proposed transmission line and acknowledgement received from land owner. A copy of said notice is further issued to the Revenue Officer, who has been authorized by the Nagaland Govt. for the purpose of assessment/valuation and disbursement of compensation to the affected parties. 10. The revenue officer shall further issue a notice of intimation to the concerned landowner and inspect the site to verify the documents related to the proof of ownership and a detailed Mouja list is prepared for the identified trees and crops inevitability damaged during the course of the construction. For assessing the true value of timber yielding trees help of forest officials is taken and for fruit bearing trees help of Horticulture department is taken. 11. The Mouja list shall contain the land owner details type of tree/crop, its present age, variety, yielding pattern etc. and the same is prepared at site in the presence of the land owner. These Mouja lists are further compiled and a random verification is conducted by the concerned District Collector or his authorized representative in order to ascertain the assessment carried out by the revenue office is genuine and correct. After this process the District collector issues a tree cutting permit to DPN to enable removal / damage to the standing tree/crop identified in the line corridor. 12. Once the tree/crop is removed / damaged, DPN shall issue a tree cutting/crop damaged notice to the land owner with a copy to the Revenue Officer to process the compensation payment. Based on the above the compensation payment is generated by means of a computerized programme developed by the National Informatics Center exclusively for this purpose. The 1 Vulnerable APs include scheduled tribes residing in scheduled areas/ physically handicapped/ disabled families etc. detailed Valuation statement thus generated using this programme is verified at various levels and approval of payment of compensation is accorded by the concerned District Collectors. 13. On approval of compensation, the revenue officer shall further intimate the amount payable to the different landowners and DPN arranges the payment by way of Demand Draft to the affected parties. The payment is further disbursed at the local village office after due verification of the documents in presence of other witnesses. Content of Compensation Plan For Temporary Damages (CPTD) Section - I: Project Description: Brief description of the background, benefits of the project, objective of compensation plan. Section – II: Project Impacts : Minimization of impacts, description of alternative studies made for proposed route of transmission line including systematic analysis of different alternative studied with reference to particular environmental & social parameters like involvement of forest, protected areas, significant economic benefit associated with the project and without the project etc. and reason for selection of proposed route, analysis of impacts including numbers of affected persons/household, land use traversed etc. . Section – III: Socio-economic and Environmental Analysis for CPTD: Description of the physical, physiographical, socio-economic condition of the project area including other demographic features of the project area, Preliminary Social assessment, Impact due to project location and design and Critical social review criteria Section -IV: Compensation Framework: Description of compensation plan, Procedure for tree/crops/land compensation. Section – V: Stakeholders Participation & Compensation: Public Consultation during Preliminary Survey and peoples reaction/suggestion if any, Plan for further consultation during implementation Section – VI: Institutional Arrangements for Implementation and Monitoring: Describing the implementation schedule, Grievances Redressal Mechanism, Disclosure, Evaluation and monitoring plan. Budget provision for compensation PART- C: Tribal People Development Framework The preliminary assessments made during the project preparation have established that there are tribal people in the project area. It is also ascertained that they do have a collective attachment to the project area particularly in the scheduled area and that they may get affected by the project interventions. Accordingly, to ensure focused and exclusive attention towards such tribals it is envisaged to develop a “Tribal People Development Plan” (TPDP). Since proposed investment programs involve many sub-projects/schemes linear in nature running in different geographical area of state due to which precise information about the tribal people likely to be impacted is not yet firmed up. In order to overcome this limitation, a Tribal People Development Framework (TPDF) is developed which sets out approach and methodology for the preparation of a TPDP. TPDF Objectives and Policies 1. The objectives of the TPDF are to ensure that if indigenous peoples2(referred to as tribal in India) tribal are affected by a project/scheme they: i) are adequately and fully consulted; ii) receive benefits and compensation equal to that of the mainstream population: iii)are provided with special assistance as per laws and policies because of their vulnerabilities vis-à-vis the mainstream population; and iv) receive adequate protection against project adverse impacts on their culture identities. There are several policies which provide a legal framework for ensuring dedicate attention to the tribals. Article 366(25) of the Indian constitution refers to Scheduled Tribes (STs) as those communities who are scheduled in accordance with Article 342 of the Constitution. According to Article 342 of the Constitution, STs are the tribes or tribal communities or part of or groups within these tribes and tribal communities which have been declared as such by the President through a public notification. Identification of tribes is a State subject. Thus, classification of a tribe would depend on the status of that tribe in the respective State. 2 * Indigenous People (IP) referred as tribal in India are the distinct groups identified based on their social, cultural, economic, and political traditions and institutions, which are distinct from the mainstream or dominant society and culture. Tribal with similar cultural characteristics are known as ‘Adivasi’ in Hindi and are recognized as Schedule Tribes (STs) as per the Indian Constitution. As per OP-4.10 definition these are Members of a distinct indigenous cultural group, Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories, Customary cultural, economic, social, or political institutions that are separate from those of the dominant society or culture, An indigenous language, often different from the official language of the country or region Further the Fifth and Sixth Schedule of the constitution provides special provision for tribals in selected regions of the country. 2. The World Bank’s Operational Policy on Indigenous Peoples (OP 4.10) aims at ensuring that the development process fosters full respect for the dignity, human rights and cultures of indigenous peoples, thereby contributing to the Bank’s mission of poverty reduction and sustainable development. It also recognizes that the identities, cultures, lands and resources of indigenous peoples are uniquely intertwined and especially vulnerable to changes caused by development programs hence require special measures to ensure that they are included in and benefit from these programs as appropriate. Identification of Indigenous Peoples 3. The term “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (a) Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (c) Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (d) An indigenous language, often different from the official language of the country or region. Tribal People Development Framework (TPDF) 4. The TPDF seeks to ensure that tribal communities are informed, consulted, and mobilized to participate in the subproject preparation. The Framework is intended to guide selection and preparation of additional subprojects under the Project where impacts on tribal people are identified to ensure better distribution of the Project benefits and promote development of the indigenous peoples in the Project areas. The framework is prepared in accordance with both the Indian Constitution provisions, RFCTLARRA, 2013 and World Bank’s OP-4.10 and serves the following purposes: (a) Identification of the tribal people likely to be impacted by the project interventions; (b) Assess the nature and extent of impacts likely to occur as a result of the project interventions; (c) Prepare a plan (TPDP) outlining measures towards avoiding/ minimizing the negative impacts as well as enhance positive impacts; (d) Outlines an approach for the conduction of social assessment for ensuring free, prior, and informed consultation with the affected tribal communities at each stage of project preparation and implementation; (e) Putting in place an implementation arrangement of the TPDP, its disclosure and mechanisms to address any grievances. TPDF – Land Acquisition and Resettlement 5. Whenever after initial screening it is found that some land belonging to tribal community /communities is being needed to be involuntary acquired for setting up of a substation demonstrating/substantiating such acquisition is done only as a last resort by completing the technical investigation including assessment of alternatives and detailed surveys. The detailed report along with land requirement is submitted to the Government of Nagaland (GoN) for further processing as per provisions of RFCTLARRA, 2013. GoN then initiates a SIA through an Independent Agency with a project specific terms of reference. The SIA agency shall first consult the concerned Panchayat, Municipality, District/Village Council at village level or ward level in the affected area to carry out SIA study. SIA shall assess the purpose of acquisition and estimate the affected families, gender, social group carry out analysis regarding impact on community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds grazing land, plantations, public utilities electricity supply and health care facilities. The SIA agency shall also prepare a Social Impact Management Plan (SIMP) listing ameliorative measures required for addressing the likely impact vis-à-vis intended benefit of the project. The SIA report and SIMP shall be subject to public hearing in the affected area after giving adequate publicity for the venue, time etc to ascertain the views of affected families/communities which shall be included in the SIA. The final SIA report shall be published including its translation in local language and shall also be made available to Panchyats, District/Village Councils & Deputy Collector/District Magistrate office for wider circulation. Detailing of the same is provided below: (i) the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained in all cases of land acquisition in such areas, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force. (ii) Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted. (iii) In the case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared in such a form as may be prescribed. laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition. This plan is targeted at both SCs and STs, but, for the current purpose, it is referred to as Tribal People Development Plan (TPDP) and contents of such a Development Plan are provided at the end. (iv) the TPDP also contain a program for development of alternate fuel, fodder and non- timber forest produce resources on non-forest lands within a period of five years sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. (v) In the case of land being acquired from the members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first instalment and the rest shall be paid after taking over of the possession of the land. (vi) The affected families of' the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. (vii) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. (viii) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as Null and void. and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. (ix) The affected Scheduled Tribes. other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (x) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district. then they shall be paid an additional 25% rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of Rs. 50,000/-. (xi) All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area. (xii) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory safeguards. entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlement area is a scheduled Area referred to in the said Fifth Schedule or a tribal area referred to in the said Sixth Schedule. or not. (xiii) Where the community rights have been settled under the provisions of the Scheduled 'tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The same shall be quantified in monetary amount and be paid to the individual conceded who has been displaced. Following entitlement matrix shall be the basis for providing compensation and compatible R&R measures for tribal peoples: MINIMUM COMPENSATION & R&R ENTITLEMENTS FOR LAND ACQUISITION A. Comprehensive Compensation Package Eligibility for Entitlement Provisions The affected families Determination of Compensation :  Land Owners: includes any 1. Market value of the land person-  as specified in the Indian Stamp Act, 1899 or i) whose name is recorded as (he  the average of the sale price for similar type of land owner of the land or building or part situated in the village or vicinity, thereof, in the records of the or authority concerned; or  consented amount of compensation as agreed in ii) any person who is granted forest case of acquisition of lands for private companies rights under the Scheduled Tribes or for public private partnership project. and Other Traditional Forest whichever is higher Dwellers (Recognition of Forest Market value x Multiplier* between 1 to 2 in rural Rights) Act, 2006 or under any other areas only (No multiplier in urban areas). law for the time being in force; or 2. Value of the assets attached to land: iii)who is entitled to be granted Patta Building/Trees/Wells/Crop etc. as valued by rights on the land under any law of relevant govt. authority; the State including assigned lands: or Land compensation = 1+2 iv) any person who has been declared 3. Solatium: 100% of total compensation as such by an order of the court or Authority; Total Compensation : 1+2+3 (*) Precise scale shall be determined by the State Govt. The indicative values of multiplier factor based on distance from urban areas as provided in the act. Radial Distance from Urban area (Km) Multiplier Factor 0-10 1.00 10-20 1.20 20-30 1.40 30-40 1.80 40-50 2.00 B. R&R Package Elements of Rehabilitation and Resettlement Entitlements for all the affected families (both land owners and the families whose livelihood is primarily dependent on land acquired) in addition to compensation provided above Sl. Elements of R& R Provision No. Entitlements Subsistence grant/allowance 1. Rs. 3000 per month per family for 12 months for displaced families d. Where jobs are created through the project, mandatory employment for one member per affected family; or e. Rupees 5 lakhs per family; The affected families shall or 2. be entitled to: f. Rupees 2000 per month per family as annuity for 20 years, with appropriate index for inflation; The option of availing (a) or (b) or (c) shall be that of the affected family iii. A constructed house shall be provided as per the Indira Awas Yojana specifications. Housing units for iv. A constructed house shall be provided, which will be not displacement: less than 50 sq. mts. in plinth area. iii) If a house is lost in In either case the equivalent cost of the house may also be 3. provided in lieu of the house as per the preference of the rural areas: iv) If a house is lost in project affected family. The stamp duty and other fees payable for registration of the urban areas house allotted to the affected families shall be borne by the Requiring Body. Transportation cost for 4. Rs 50,000/- per affected family displaced families Resettlement Allowance (for 5. Onetime Rs 50,000/- per affected family displaced families) Onetime financial assistance as appropriate for construction 6. Cattle shed/ petty shop cost as decided by St. Govt. subject to minimum of Rs.25,000/- Artisan/small traders/others Onetime financial assistance as appropriate as decided by St. 7. (in case of displacement) Govt. subject to minimum of Rs.25,000/- Special Provisions for SCs/STs In addition to the R&R package, SC/ST families will be entitled to the following additional benefits: 8. One time financial assistance of Rs. 50,000 per family; 9. Families settled outside the district shall be entitled to an additional 25% R&R benefits; 10. Payment of one third of the compensation amount at very outset; 11. Preference in relocation and resettlement in area in same compact block; 12. Free land for community and social gatherings; 13. In case of displacement, a Development Plan is to be prepared 14. Continuation of reservation and other Schedule V and Schedule VI area benefits from displaced area to resettlement area. Consultations and Participation Framework 6. The World Bank OP 4.10 on Indigenous Peoples too emphasizes “a process of free, prior, and informed consultation with the affected tribal People’s communities at each stage of the project, and particularly during project preparation, to fully identify their views and ascertain their broad community support for the project. To ensure peoples participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems various sections of project affected persons and other stakeholders were and will be engaged in consultations throughout the project planning and implementation stages. In this project, however, it will go beyond consultations, as it is mandatory for the project to seek consent for all plans (SIMP and CPTD) from the Tribal Councils. 7. Public participation, consultation and information dissemination begins with initial phases of project preparation. Public consultation activities and information dissemination to PAPs and local authorities continues as the project preparation activities proceed in a project. Through respective local governments and civil society, PAPs are regularly provided with information on the project and the resettlement process prior to and during the project preparation and implementation stages. Information dissemination and consultations shall be a continuous process during preparation, implementation, Monitoring and Evaluation. The information dissemination and consultation with PAPs shall include but not be limited to the following: (i) project description and its likely impacts, (ii) objective of the surveys (iii) entitlement provisions for different impacts. (iv) Mechanisms and procedures for public participation and consultation (v) Resettlement options (vi) Grievance redress mechanisms and procedures (vii) Tentative implementation schedule (viii) Role and responsibilities of different actors (ix) Preferences for mode of compensating for affected fixed assets (x) Household consultations for skill improvement training, use of compensation amount and livelihood restoration 8. A detailed consultation and communication procedure placed at Annexure-23 shall be used for each sub-project as part of the TPDP. Some of the methods that can be used for the purpose of communication will include provisions of information boards, pamphlets distribution, wall paintings, drum beating, organizing meetings with key informants and village committees and opinion gathering through post cards, phones and Short Messaging services (SMSes). The GRM as detailed out in main document shall also be applicable without any discrimination for TPDF. The following information shall be included in the TPDP:  Description followed by analysis of the social structure of the population.  Inventory of the resources and analysis of the sources of income of the population  Information about the systems of production practiced by tribals  Relationship of tribal groups to the proposed project  Examination of land tenure issues including lands under customary rule and assurance of continued use of these resources by the groups involved.  Strategy for local participation including mechanisms defined with the assistance and in consultation with tribal peoples for their participation in decision making process throughout project planning, implementation and evaluation cycle.  Summary of Public Consultation process.  Identification of development interventions or mitigation activities including measures to enhance tribal participation in the activities proposed under the project  An implementation schedule with benchmarks to assess progress  Monitoring and evaluation, including specific indicators  Detailed cost estimates/budget and financing plan and sources of funds for the TPDP covering planned activities.  Organisation support/ institutional capacity like the government institutions responsible for tribal development  Maps Tribal Land Acquisition Process: 9. Land acquisition processes that need to be completed in a sequence has already been discussed in main ESPP report and Annexure-4. However, special provisions as applicable to the lands acquisition in Tribal /scheduled areas are enumerated below: S. No. Aspects Actions Special provisions for tribal /Scheduled Areas 1. Preliminary Notification for the commencement As far as possible, no Investigation for of Social Impact assessment study to acquisition of land shall be determination of be made available in local language made in the Scheduled Areas Social Impact to concerned and public Panchayat/Municipality and to Where such acquisition does purpose. offices of district collector/sub- take place it shall be done only divisional magistrate/tehsil as a demonstrable (hereinafter referred to as local last resort bodies) Consultation with the concerned Land for traditional tribal Panchayat, Municipality or institutions and burial and Municipal Corporation, as the case cremation grounds taken into may be and carry out a social impact consideration while conducting assessment (SIA) study the SIA SIA study to be made public in manner specified in the Act Preparation of Social Impact a) In case of a project involving Management Plan (SIMP) land acquisition /involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared laying down the details of procedure for settling land rights due but not settled and restoring titles of the scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition b) The Development Plan shall also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. Public hearing for Social Impact Assessment (when prepared under section-4 of the act) 2 Appraisal of SIA SIA report is evaluated by an by expert group independent multi-disciplinary Expert Group, as may be constituted by appropriate Govt. Recommendations of the expert group made available to the local bodies and in the affected areas in local language The appropriate govt. would recommend the such area for acquisition after examining the expert group report (and report from the collector if any) 3 Publication of Notification (hereinafter referred to ln case of acquisition or preliminary as preliminary notification) to that alienation of any land in the notification effect along with details of the land Scheduled Areas, the prior to be acquired in rural and urban consent of the concerned Gram areas shall be published Sabha or the Panchayats or the (Notification to be issued within 12 autonomous District Councils, months from DoA of SIA) at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained. in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force. Immediately after issuance of the notification, the concerned Gram Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose. After issuance of notice, the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months. Preliminary survey of land Payment for damage (if any) during survey 4 Preparation of Upon the publication of the Rehabilitation preliminary notification by the and Collector, the Administrator for Resettlement Rehabilitation and Resettlement Scheme by the shall conduct a survey and undertake Administrator a census of the affected families The Administrator shall, based on The affected families of the the survey and census prepare a Scheduled Tribes shall be draft Rehabilitation and resettled preferably in the same Resettlement Scheme (including Scheduled Area in a compact time limit) block so that they can retain their ethnic, linguistic and cultural identity. The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities A public hearing shall be conducted Provided further that the in such manner as may be consultation with the Gram prescribed, after giving adequate Sabha in Scheduled Areas shall publicity about the date, time and be in accordance with the venue for the public hearing at provisions of the Provisions of the affected area: the Panchayats (Extension to the Scheduled Areas) Act, 1996. The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector. The Collector shall review the draft Scheme submitted by the Administrator with the Rehabilitation and Resettlement Committee at the Rehabilitation project level constituted under section 45: The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. Approved Rehabilitation and Resettlement Scheme to be made public Publication of declaration and summary of Rehabilitation and Resettlement. 5 Land to be The Collector shall thereupon cause marked out, the land to be marked out and measured and measured, and a plan to be made of planned the same. including marking of specific areas 6 Notice to persons The Collector to publish the public interested and notice on his website and cause making of public notice to be given at statements convenient places, to stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him The collector may require a statement containing the name of every person possessing any interest in the land and nature of interest for three years preceding the date of statement 7 Enquiry and land the Collector shall proceed to acquisition enquire into the objections (if any) award by which any person interested has Collector stated The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 19 8 Determination of Determination of market value of the In case of land being amount of land by the collector acquired from members of the compensation Scheduled Castes or the Scheduled Tribes, at least one- third of the compensation amount due shall be paid to the affected families initially as first installment and the rest shall be paid after taking over of the possession of the land. The market value is multiplied by a factor as described in the first schedule of the Act Determination of value of things attached to land or building Determination of value of things attached to land or building 9 Rehabilitation The Collector shall a) Where the affected families pass and Rehabilitation and Resettlement belonging to the Scheduled Resettlement Awards for each affected family in Castes and the Scheduled Award for tenms of the entitlements provided Tribes are relocated outside of affected families in the Second Schedule the district, then, they shall be paid an additional twenty-five per cent R&R benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. b) Where the community rights have been settled under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the same shall be quantified in monetary amount and be paid to the individual concerned who has been displaced due to the acquisition of land in proportion with his share in such community rights. Provision of a) All benefits, including the infrastructural amenities in resettlement area reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area b) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory safeguards. Entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlement area is a Scheduled Area referred to in the said Fifth Schedule or a tribal area referred to in the said Sixth Schedule or not. ANNEXURE 4 SALIENT FEATURES OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, RESETTLEMENT AND REHABILITATION ACT, 2013 (RFCTLARRA, 2013) Scope of the RFCTLARRA, 2013: Both LA and R&R Provisions will apply when: 1. Government acquires land for its own use, hold and control 2. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose 3. Government acquires land for Public Private Partnership Projects Note I: Public purpose for 2. & 3. above, once stated, cannot be changed Note II:  Land Acquisition under 2. can take place provided that the consent of 80% of the affected families is obtained.  Land Acquisition under 3. can take place provided consent of 70 % of affected families is obtained. Only R&R provisions will apply when:  Private companies purchase land for a project, and the same exceeds the area thresholds set by the State Governments for such purchase Salient Features of RFCTLARRA, 2013 Definition of Public Purpose 1. Land for strategic purposes relating to armed forces, national security or defense, police, safety of the people; 2. Land for infrastructure:(i)items listed in circular of Government of India, Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF dated the 27th March, 2012 excluding private hospitals, private educational institutions and private hotels (ii)projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such dairy, fisheries, and meat processing as set up or owned by the appropriate(iii)project for industrial corridors or mining activities, national investment and manufacturing zones as designated in the national manufacturing Policy;(iv)project for water harvesting and water conservation structures, sanitation;(v)project for Government administered and government aided educational and research schemes or institutions;(vi)project for sports, health care, tourism, transportation, space programme, (vii) Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; 3. Land for the project affected people 4. Land for planned development or improvement of village or urban sites or for residential purpose to weaker sections; 5. Land for persons residing in areas affected by natural calamities or displaced Urgency Clause: The Urgency Clause can only be invoked in the following cases: 1. National defense and security purposes 2. Resettlement & Rehabilitation needs in the event of natural calamities such as floods or earthquakes In case there is doubled is placement of any individual they will receive an additional compensation of up to 75% of the compensation already provided for under the new law. Definition of ‘Affected Families’  Land Owners: 1. Family or company whose land/other immovable properties have been acquired; 2. Those who are assigned land by the Governments under various schemes; 3. Right holders under the Forest Rights Act, 2006  Livelihood Losers: 1. Over the last three years, a family whose livelihood is primarily dependent on the land being acquired, including agriculture labourers, tenants or sharecroppers 2. Over the last three years, families which are dependent on forests or waterbodies for their livelihoods when these are acquired; including forest gatherers, hunters, fisher folk and boatmen 3. Over the last three years, any family whose livelihood is dependent primarily on the land being acquired in the urban areas or any family who is residing on the land being acquired in the urban areas Safeguarding Food Security 1. Multi-crop irrigated land will not be acquired except as a demonstrably last resort measure, which in no case should lead to acquisition of more than such limits as have been set by the State Government under this law. 2. Wherever multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed for agricultural purposes (or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security). 3. States are also required to set a limit on the area of agricultural land that can be acquired in any given district. 1. and 2. above shall not apply in the case of linear projects (such as railways, highways, major district roads, power lines, and irrigation canals) Minimum Compensation for Land Acquisition A Comprehensive Compensation Package (First Schedule) 1. Market value of the land: a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or b) the average of the sale price for similar type of land situated in the immediate areas adjoining the land being acquired, ascertained from fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or whichever is higher: provided that the market value so calculated for rural areas shall be multiplied by a multiplier factor of up to ‘two’. 2. Value of the assets attached to land: Building/Trees/Wells/Crop etc as valued by relevant govt. authority; Total compensation = 1+2. , 3. Solatium: 100% of total compensation 4. Where land is acquired for urbanisation, 20% of the developed land will be reserved and offered to land owning project affected families, in proportion to their land acquired and at a price equal to cost of acquisition and the cost of development. In case the project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it . 5. The Company for whom land is being acquired may offer shares limited to 25% of the Compensation amount. In case the project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. Minimum Compensation for Land Illustrative Sliding Scale: The multiplier factor will gradually rise from 1 to 2 as we move away from Urban locations into Rural areas The Precise slabs will be left to respective St. Govts. Illustrative Sliding Scale (Precise Scale to be determined by each State Government) Radial Distance from Multiplier Factor Urban area (in Km) 0 -10 1.00 10-20 1.20 20-30 1.40 30-40 1.80 40-50 2.00 MINIMUM R&R ENTITLEMENTS A Comprehensive R&R Package (Second Schedule) 1. Subsistence allowance at Rs. 3000 per month per family for 12 months; 2. The affected families shall be entitled to: (a) Where jobs are created through the project, mandatory employment for one member per affected family or (b) Rupees 5 lakhs per family; or (c) Rupees 2000 per month per family as annuity for 20 years, with appropriate index for inflation; The option of availing (a) or (b) or (c) shall be that of the affected family 3. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50sqmts in plinth area. In either case the equivalent cost of the house may also be provided in lieu of the house as per the preference of the project affected family; 4. One acre of land to each family in the command area, if land is acquired for an irrigation project if possible BUT the same shall be in lieu of Compensation; 5. Rs 50,000 for transportation; 6. A one-time „Resettlement Allowance‟ of Rs 50,000; Special Provisions for SCs/STs In addition to the R&R package, SC/ST families will be entitled to the following additional benefits: 1. Land to be given to each family in every project even in the case of irrigation projects; 2. One time financial assistance of Rs. 50,000 per family; 3. Families settled outside the district shall be entitled to an additional 25% R&R benefits; 4. Payment of one third of the compensation amount at very outset; 5. Preference in relocation and resettlement in area in same compact block; 6. Free land for community and social gatherings; 7. In case of displacement, a Development Plan is to be prepared 8. Continuation of reservation and other Schedule V and Schedule VI area benefits from displaced area to resettlement area. Enhanced role for Panchayati Raj Insitutions especially Gram sabhas SIA in consultation with PRIs: The Social Impact Assessment (SIA) has to be carried out in consultation with the representatives of the Panchayati Raj Institutions (PRI) SIA Reports To Be Shared: Reports prepared under the Social Impact Assessment are to be shared with these individuals in their local language along with a summary. Representation in Expert Group: The Expert Group has to have two members belonging to the Panchayati Raj Institutions. This is a powerful body that has the power to reject a project. Hearings in All Gram Sabhas: In case where an affected area involves more than one Gram Panchayat or Municipality, public hearings shall be conducted in every Gram Sabha where more than twenty five per cent of land belonging to that Gram Sabha is being acquired. Consent of Gram Sabha : The Consent of Gram Sabha is mandatory for acquisitions in Scheduled Areas under the Fifth Schedule referred to in the Constitution Representation of Panchayat Chairpersons on R&R Committee at Project Level: The Rehabilitation and Resettlement Committee at Project Level has to have the Chairpersons of the Panchayats located in the affected area or their nominees as representatives. Panchayat Ghars have to be provided as per the list of Infrastructural amenities given in the Third Schedule. Special Provisions for Farmers: Acquisition only if necessary: The Collector has to make sure that no other unutilised lands are available before he moves to acquire farm land. Enhanced Compensation: All farmers in rural areas will get up to 4 times the highest sales prices in a given area. Strict Restrictions on Multi-Crop Acquisition: The acquisition of agricultural land and multi-crop land has to be carried out as a last resort. Consent: shall be prior- consent required from 70 per cent of land losers and those working on government assigned lands only in the case of Public-Private Partnership projects and 80 per cent in the case of private companies. This consent also includes consent to the amount of compensation that shall be paid. Return of Unutilized land: Land not used can now be returned to the original owners if the State so decides. Share in Sale of Acquired Land Increased: The share that has to be distributed amongst farmers in the increased land value (when the acquired land is sold off to another party) has been set at 40%.Income Tax Exemption: All amounts accruing under this act have been exempted from Income tax and from Stamp duty. Special Safeguards for Farmers: Damage to crops to be included in price: The final award has to include damage to any standing crops which might have been harmed due to the process of acquisition (including the preliminary inspection). Share in Developed Land: In case their land is acquired for urbanization purposes twenty per cent of the developed land will be reserved and offered to these farmers in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development. Fishing Rights: In the case of irrigation or hydel projects, affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government. Reduced Role for Collector There has been a significant reduction of the powers that the Collector enjoyed under the 1894 Act: Under the 1894 Act, the Collector had complete authority to decide what activity constituted 'public purpose'. Under the new law he has been completely stripped of this function. Public purpose must fall strictly within the parameters prescribed under this law. The Collector cannot add or subtract to the list given. Under the 1894 Act, the Collector could decide what quantum of compensation could be paid to those displaced. Under the new law, there is a formula that does not require the Collector to exercise any discretion. All he has to do is make sure that the rate is calculated as directed. Under the 1894 Act; the Collector could decide when to take possession. He could dispossess any family by giving a moment’s notice. Now possession can only be taken once all the requirements under the law relating to the payment of compensation, rehabilitation and resettlement have been discharged. Under the 1894 Act, the Collector had sweeping powers to invoke the urgency clause. What constituted an urgent situation was entirely af unction of the Collector's interpretation. This loop hole has been plugged conclusively by limiting urgency to only two cases-natural disasters and national defence. The Collector can no longer acquire land citing 'urgent' reasons. Benefits for Tenants and Sharecroppers: The Law also covers all Tenants who may not own any land but are engaged in any form of tenancy or holding a usufructury right and; Share-croppers Artisans who have been working in the affected area for three years prior to the acquisition and whose primary source of livelihood stands affected by the acquisition of land . They will receive not just the Rehabilitation and Resettlement Benefits but also a share in the compensation to be provided. Infrastructural Amenities under R&R (Third Schedule) 25 infrastructural amenities to be provided in the Resettlement area, including:  Schools and playgrounds;  Health Centres;  Roads and electric connections;  Assured sources of safe drinking water for each family as per Govt. norms;  Panchayat Ghars as appropriate;  Anganwadi‟s providing child and mother supplemental nutritional services as per Govt. norms;  Places of worship and burial and/or cremation ground depending on the caste-communities at the site and their practices;  Village level Post Offices, as appropriate, with facilities for opening saving accounts;  Fair price shops and seed-cum-fertilizer storage facilities if needed Retrospective Effect Clause Retrospective operation:  Where no award under Section 11 of the 1894 Act has been made, the new law will apply with regard to compensation;  Where an award has been made but the affected individuals have not accepted compensation or have not yet given up possession, and the proceedings have been pending for 5years or more, provisions of the new law will apply.  Where a majority of individuals in an affected area have not received compensation then the new law will apply. Compliance with other Laws The Provisions of the New Law shall be fully compliant with other laws such as:  The Panchayats (Extension to the Scheduled Areas) Act, 1996;  The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006;  Land Transfer Regulations in Schedule V Areas. In fact, while the above legislations provide for ‘consultation’ with Gram Sabhas, the new law goes one step ahead and provides for ‘consent’. Safeguards against indiscriminate acquisition Social Impact Assessment made mandatory except for Irrigation Projects. To be concluded in 6 months;  Draft Notification to include: o Summary of SIA o Particulars of Administrator for R&R who prepares R&R scheme  Draft Declaration to include: o Summary of R&R package  No Change of Purpose: No change from the purposes specified in the Land Use Plan submitted at the time of land acquisition will be allowed.  Change of Ownership: No change of ownership without specific permission of Appropriate Government is allowed;  Land not Used: Land that is not used within 5 years in accordance with the purposes for which it was acquired at the time of acquisition, shall be transferred to the State Government‟s Land Bank OR to the original land owner.  Sharing appreciated value: Upon every transfer of land without development, 40% of the appreciated land value shall be mandatorily shared with the original owner whose land has been acquired Transparency Provisions Social Impact Assessment  Gram Sabha to be consulted  Summary of SIA notified along with Draft Notification  SIA document made available for public scrutiny R&R Scheme  Summary notified along with Draft declaration  Made available for public scrutiny  Individual Awards passed  Public Disclosure o All documents mandatorily to be made available in the public domain and on the website Penalties: Stringent and Comprehensive Penalties Regime for Companies and Government:  Punishment for false information, mala fide action, etc.  Penalty for contravention of provisions of Act. Awards: Collector passes 2 types of Awards: 1. Award for Land Acquisition  Award made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule; 2. Award for R&R  Award made in respect of every affected family, regardless of whether they may be losing land or not, containing details of R&R entitlements as listed in the Second Schedule. Timelines: 1. Compensation will be given within a period of three months from the date of the award; 2. Monetary R&R entitlements will be provided within a period of six months from the date of the award; 3. Infrastructure R&R entitlements will be provided within a period of eighteen months from the date of the award; 4. No involuntary displacement will take place without completion of R&R; 5. In irrigation or hydel projects, R&R shall be completed six months prior to submergence Impact of the new law on Existing Legislations related to Land Acquisition 1. There are 13 Acts of the Central Government in force that allow for land acquisition. These are listed in the Fourth Schedule of the Act (and include legislations relating to National Defence, National Highways, Railways etc).The new law does not apply to the activities covered under these Acts. 2. However, within one year, the provisions of the new Law which relate to compensation, rehabilitation and resettlement will be applied to the 13 Acts by a notification of the Central Government. Flexibility given to States: 1. The sliding scale on the basis of which compensation is to be calculated (2-4 times market value) has been left to the discretion of the State Governments 2. Thresholds for multi-crop irrigated lands 3. Thresholds at which R&R provisions apply to private purchases 4. States are encouraged to adopt the option of “lease” instead of acquisition. 5. States are also empowered by this law to provide for benefits and safeguards that go over and above the provisions of this law. ANNEXURE-5 SALIENT FEATURES OF THE ELECTRICITY ACT, 2003 Objective: An Act to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto PART-I: This part deals with the jurisdiction of the law and important definitions PART-II: This part deals about National Policy and Plan to be prepared by Central Govt. in consultation with state Govt. National Policy and National Electricity plan needs to be published in Gazette / News paper once in 5 years. PART-III: This part deals about generation of electricity 1. Generating company and requirement for setting up of generating station 2. Hydro-electric generation 3. Captive generation 4. Duties of generating companies 5. Directions to generating companies PART-IV: This part deals licensing for transmission of electricity, distribution and undertaking trading in electricity. 1. Authorised persons to transmit, supply, etc. electricity 2. Power to exempt 3. Grant of license 4. Procedure for grant of license 5. Conditions of license 6. Licensee not to do certain things 7. Amendment lf license 8. Revocation of license 9. Sale of utilities of licensees 10. Vesting of utility in purchaser 11. Provisions where no purchase takes place 12. Directions to licensees 13. Suspension of distribution license and sale of utility PART V: This part deals transmission of electricity including inter-state, regional and inter-regional transmission system. 1. Inter-State, regional and inter-regional transmission 2. National Load Despatch Centre 3. Constitution of Regional Load Despatch Centre 4. Functions of Regional Load Despatch Centre 5. Compliance of directions 6. Intra-State transmission 7. Transmission within a State 8. Constitution of State Load Despatch Centres 9. Functions of State Load Despatch Centres 10. Compliance of directions 11. Grid Standards 12. Intervening transmission facilities 13. Charges for intervening transmission facilities 14. Directions by Appropriate Government 15. Central Transmission Utility and functions 16. State Transmission Utility and functions 17. Duties of transmission licensees 18. Other business of transmission licensee PART-VI: This deals with provisions of distribution of electricity with respect to distribution licensee 1. Duties of distribution licensee and open access 2. Duty to supply on request 3. Exceptions from duty to supply electricity 4. Power to recover charges 5. Power to recover expenditure 6. Power to require security 7. Additional terms of supply 8. Agreements with respect to supply or purchase of electricity 9. The Electricity Supply Code 10. Other businesses of distribution licensees 11. Provisions with respect to electricity trader 12. Control of transmission and use of electricity 13. Use, etc. of meters 14. Disconnection of supply in default of payment 15. Standards of performance of licensee 16. Different standards of performance by licensee 17. Information with respect to levels of performance 18. Market domination PART-VII: This chapter deals about terms and conditions for the determination of tariff. 1. Tariff regulations 2. Determination of tariff 3. Determination of tariff by bidding process 4. Procedure for tariff order 5. Provision of subsidy by State Government 6. Development of market PART-VIII: This part deals work of licensees includes provision as to opening up of streets, railways etc., overhead lines, notice to telegraph authority. 1. Provision as to opening up of streets, railways, etc 2. Overhead lines 3. Notice to telegraph authority PART-IX: This part deals about constitution and functions of Central Electricity Authority PART-X: This part deals about Regulatory Commissions and its constitution, power and functions of central commission PART-XI: This part deals about appellate tribunal for electricity PART XII: This part deals about investigation, enforcement of assessment for electricity consumed by consumer by State Govt. or board or licensee. PART XIII: This part deals about reorganization of Electricity Board PART XIV: This part deals mainly about offences and penalties for misusing/theft of electricity. PART XV: This part deals constitution of special courts for the purpose of providing speedy trial of offences referred to in sections 135 to 139 PART XVI: This part deals mainly resolution of dispute by arbitration under this Act. PART XVII: This part deals mainly protection of railways, highways, airports and canals, docks, wharfs and piers, protection of telegraphic, telephonic and electric signalling lines, amendment of sections 40 and 41 of Act 1 of 1894 PART XVIII: This part mainly deals miscellaneous matter includes following: 1. Coordination Forum 2. Exemption of electric lines or electrical plants from attachment in certain cases 3. Protection of action taken in good faith 4. Members, officers, etc., of Appellate Tribunal, Appropriate Commission to be public servants 5. Recovery of penalty payable under this Act 6. Services of notices, orders or documents 7. Transitional provisions 8. Inconsistency in laws 9. Act to have overriding effect 10. Provisions of this Act to be in addition to and not in derogation of other laws 11. Power of Central Government to make rules 12. Powers of Authority to make regulations 13. Powers of Central Commission to make regulations 14. Rules and regulations to be laid before Parliament 15. Powers of State Governments to make rules 16. Powers of State Commissions to make regulations 17. Rules and regulations to be laid before State Legislature 18. Power to remove difficulties 19. Provisions of Act not to apply in certain cases 20. Repeal and saving The Electricity Act, 2003 does not explicitly deal with environmental/social implications of activities related to power transmission/distribution project other than, section 68 (5 & 6) and or Section 67 of the Electricity Act 2003 which provides the basis for compensation to be paid for any damages. However, the applicable legal provisions under Section 68 of EA, 2003 i) Prior approval of the Govt. of Nagaland (GoN) u/s 68(1) of EA, 2003 is a mandatory requirement to undertake any new transmission project (66kV & upward) ii) For distribution project, Sec-68(1) shall apply to 33kV and downward system under Section 164 EA Act, 2003 Annexure-6 TREE / CROP/ TOWER FOOTING COMPENSATION PROCESS (OTHER THAN FOREST LAND COMPENSATION) As per the provisions of Electricity Act, 2003 and Indian Telegraph Act1885, land for tower and right of way is not acquired and agricultural activities are allowed to continue. However, the acts also stipulate that licensee shall pay full compensation to all interested for any damages sustained during the execution of said work. Accordingly, DPN pays compensation to land owners towards damages if any during implementation of transmission project as well as during operation and maintenance phase. DPN follows the principle of avoidance, minimization and mitigation in the construction of line in agricultural field having crop due to inherent flexibility in phasing the construction activity and tries to defer construction in cropped area to facilitate crop harvesting. However, if it is unavoidable and is likely to affect project schedule, compensation is given at market rate for standing crops. All efforts are also taken to minimize the crop damage to the extent possible in such cases. As regards trees coming in the Right of Way (RoW) following procedure is adopted for enumeration: All the trees which are coming within the clearance belt of ROW on either side of the center line are identified and marked/numbered from one AP (Affected Person) to the other and documented. Type, Girth (Measured 1 m. above ground level), approximate height o the tree is also noted for each tree. Trees belonging to Govt., Forest, Highways and other local bodies may be separately noted down or timely follow up with the concerned authorities for inspection and removal. Fruit Bearing trees and other hybrid trees which are not of tall growing nature are not marked for cutting since these trees can be crossed using standard tower extensions if required. DPN also pay compensation to affected land owners for utilization of their land for tower footing. To arrive compensation rate mechanism of negotiated settlement is followed. The association of local authorities like Dy. Commissioner/Addl. Dy. Commissioner (Revenue) of concerned district and concerned Circle officers is also ensured during such negotiation. The circle value for the land price fixation as per the Department of Registration for different categories of land for the villages along the transmission line corridor will be obtained from the district registrars. This guidance value will be referred to by the negotiation committee. Once the negotiated rate is finalised & consent is received from land owners, the same is approved by Dy. Commissioner of concerned district for payment of compensation to land owners by DPN. All efforts are made to release such payment before construction activities. A notice under Electricity Act, 2003/ Indian Telegraph Act, 1885 is served to the landowners informing that the proposed transmission line is being routed through the property of the individual concerned. The notice shall contain the particulars of the land, ownership details and the details of the trees/crops/land inevitability likely to be damaged during the course of the construction of the proposed transmission line and acknowledgement received from land owners. A copy of said notice is further issued to the Revenue Officer/SDM, who has been authorized by the Government of Nagaland for the purpose of assessment/valuation and disbursement of compensation to the affected parties. The revenue officer shall further issue a notice of intimation to the concerned land owner and inspect the site to verify the documents related to the proof of ownership and a detailed Mouja list is prepared for the identified trees/ crops/ land for tower footing inevitability damaged during the course of the construction. For assessing the true value of timber yielding trees help of forest officials is taken and for fruit bearing trees help of Horticulture department is taken. The Mouja list shall contain the land owner details including extent land area utilization for tower footing, type of tree/crop, its present age, variety, yielding pattern etc. and the same is prepared at site in the presence of the land owner. These Mouja lists are further compiled and a random verification is conducted by the concerned DC or his authorized representative in order to ascertain the assessment carried out by the revenue office is genuine and correct. After this process the District Collector/ a tree cutting permit to DPN to enable removal / damage to the standing tree/crop identified in the line corridor. Similarly on the basis of enqiry reort received from concerned Tehsildar, SDM issue land valuation certificate to DPN for payment of compensaton to land owner. Once the tree/crop is removed / damaged, DPN shall issue a tree cutting/crop damaged notice to the land owner with a copy to the Revenue Officer to process the compensation payment. Based on the above the compensation payment is generated. The detailed Valuation statement thus generated using this programme is verified at various levels and approval of payment of compensation is accorded by the concerned District Collectors. On approval of compensation, the revenue officer shall further intimate the amount payable to the different landowners and DPN arranges the payment by way of Demand Draft to the affected parties. The payment is further disbursed at the local village office after due verification of the documents in presence of other witnesses. TREE / CROP/TOWER FOOTING COMPENSATION PROCESS Walk over / preliminary survey of route alignment Detailed / Check Survey of final route alignment to fix the angle point and tower spotting If the line passing through private cultivable/Jote land/areas. As per land document/Khaitan produced by Land owner, compensation notice served to land Owner with copies to SDM & Tahasildar for verification Preparation of Mouja list by Revenue official at site in presence of landowner, DPN and two witnesses. Inspection/verification of plot by SDM/DC or his authorized representative to assess the plot being affected & its rate etc. Issue of tree cutting permit, if any by DC Cutting of trees by DPN and issue of cutting certificate to land owner and revenue official by DPN Input: Govt. /Local rate Grievance Procedure APs may represent if not Preparation of checklist and valuation satisfied with assessment Association of Horticulture/ statement by revenue official Forest Deptt. for assessment to revenue to SDM/DC for revision/review. of value of timber and fruit bearing trees respectively. If he/she Despite land Approval of valuation statement by SDM/DC is still not compensation either individual or group basis satisfied, if owner do they may not permit to move to carry civil Disbursement of compensation of Court. work DPN Crops/trees/land to affected farmers/owner moves to and acknowledgement SDM/DC for Local acquisition of Court land Annexure-6 a TYPICAL PLAN OF TRANSMISSION LINE TOWER FOOTINGS X a a T R A N S M I Y S S I O N L I N E ACTUAL POSITION ON GROUND INDICATIVE MEASURES X & Y = 5-10 METERS a = 200- 300 mm ANNEXURE 7 HEALTH AND SAFETY CHECKLIST Safety Related Check List during Construction of Transmission Lines/Distribution Lines Region: ........................................... Date of Safety Audit:......................................................... Name of Transmission/Distribution Line: ..............................................................................................................…………………………………… Loc. No: ...............................………………………………………Voltage Level: ....................... Name of Contractor: ..........................................................................................................………. Contractor License / Registration No.:……………….............................Validity...............……..... Name of Sub Contractor : .................................................................................................………. Sub-Contractor License / Registration No.:……………….............................Validity...............……..... I. DURING TOWER FOUNDATION : SN Description of Activity Feed back Remarks i) Excavation : 1. Dumping of Excavated soil. (Minimum 1.5 Mts. or half the Yes / No. depth of the pit which ever is more) 2. Whether angle of repose of soil as per design in the Yes / No. foundation is maintained or not. 3. De watering arrangement is available ( If necessary) Yes / No. 4. Working area has been protected properly to avoid against fall Yes / No. of passerby or animal in the excavated pit. 5 Shoring & Shuttering to protect the loose rock / soil against Yes / No. fall exists. 6 Arrangement of illumination at construction site is available. (if Yes / No. required ) 7 Check proper/adequate arrangement is made for extension of electric supply. (Proper size of cable, Use of fuse, No loose Yes / No. connection for De-watering Pumps/ Illumination / Electric compressors etc. if applicable). 8 Check for damage / Uneven settlement of foundation. Yes / No. 9 Ensure Life saver arrangements have been made during Yes / No. construction of well foundation in river bed. (Where necessary) 10 Check that the adequate arrangement is made for the storage Yes / No. of blasting material at safe place. (if required) 11 Check that the blasting materials is handled with due care at Yes / No. site. ( If required ) 12 Check that during blasting operation, Labour / Workmen / Passerby are at safe places and arrangement is made to Yes / No. inform public by caution markings (Red Flag) / Public Notices. SN Description of Activity Feed back Remarks 13 Check that the Blaster is holding the proper license issued by Yes / No. the appropriate authority. as per the Indian Explosive Act. 14 Check that the length of the fuse wire used during blasting Yes / No. operation is adequate. 15 Ensure Laying of temporary cable used for operation of Machines used during construction should not cause any Yes / No. danger for electrocution of workmen. 16 Check that PPEs i.e. Safety helmets, Safety Shoes, is used by Yes / No. blaster and their gang members during blasting. 17 Ensure that Shuttering and timbering has been made as Yes / No. detailed in I:S: 3764. 18 Ensure that before undertaking excavation, the soil has been tested and in case of availability of any explosive / dangerous Yes / No. gas, necessary arrangement must be made to remove / dilute such gases. 19 The positions of underground installations such as sewers, water pipes and electrical cables have been verified and in Yes / No. case of their existence, they must be isolated. 20 Arrangement shall be made to prevent external vibrations due Yes / No. to rail / road traffic (If required). 21 Safety is ensured during the construction of Tr. Lines for buildings, structures etc. which are coming in the vicinity of Yes / No. the excavated area from collapse. ( If required ) 22 Check that sufficient strong ladder of suitable length is Yes / No. available for ingress / outgress of persons in the pit 23 Lone worker should not be allowed to work in the excavated Yes / No. area beyond shoulder level. 24 Check for any possibility of seepage of water from nearby Yes / No. pond / river should be estimated and taken care of. 25 After excavation the work has been completed speedily and Yes / No. back filling done at the earliest. ii) Casting of Foundation / Concreting : 1 Check construction materials are stacked at safe place and also does not cause any danger. (Away from pit by 1.5 Mtrs. Yes / No. Or half the depth of pit, which ever is more. ) 2 Check arrangement of illumination at Construction Site. (If Yes / No. required). 3 Ensure life saver arrangements have been made during Yes / No. construction of Well foundation in River Bed. 4 Check that the Concreting Mixer machine is placed at a safe Yes / No. place. (Not very near to pit.) 5 Check proper / adequate arrangement is made for extension of electric supply. (Proper size of cable, Use of fuse, No loose Yes / No. connection for De watering Pumps / Illumination / Electric compressors etc. if applicable). 6 Check that laying of temporary cables used during construction activities should not cause any danger for Yes / No. electrocution to workmen. 7 Inspection of excavations shall be made by a Competent Person every day. In case, possible cave in or slide is apparent, all working in the excavation shall be seized until the Yes / No. necessary precautions have been taken to safeguard the possible cave in or slide. SN Description of Activity Feed back Remarks 8 Jacks and vertical supports shall be positioned in such a manner that the vertical loads are distributed equally and do Yes / No. not exceed the capacity of the jacks and the jacks are placed away from pit edge etc. 9 Proper Jacking arrangement is made to take the entire load of Yes / No. template. 10 In case of long template in stub setting, more jacks have been provided and check that the Jacks are placed on levelled and Yes / No. hard surface to avoid the unbalancing and fallen. 11 Wire mesh rolls shall be secured in order to prevent Yes / No. dangerous recoiling action. 12 Lone worker should not be allowed to work in the excavated Yes / No. area. 13 Check that sufficient strong ladder of suitable length is Yes / No. available for ingress / outgress of persons in the pit II. TOWER ERECTION : SN Description of Activity Feed back Remarks 1 Check proper communication facility is available at site during Yes / No. Tower erection. (If required) 2. Check damages or uneven settlement of foundation. Yes / No. 3. Ensure the derrick used before tower erection has been Yes / No. checked for adequate strength/ size. Ensure for copy of test certificate for all the lifting machines and tackles. 4. Ensure that the pulleys used before tower erection has been Yes / No. checked for adequate strength / proper size (diameter). Also in case of open type pulleys proper locking arrangements like providing of Safety Pin is made. Ensure for copy of test certificate for all the lifting machines and tackles. 5. Ensure that the ropes used before tower erection has been Yes / No. checked for adequate strength / physical condition (Free from break of strands and knots etc. 6. Check that the lifting tools and tackles i.e. Winch Machine, Yes / No. Chain Pulley Block, Trifor, D - Shackle etc. are in healthy condition and has been tested periodically. (Attach copy of test certificate). 7. Ensure that permission has been obtained from Aviation Yes / No. Authority for erection of special towers. (Where necessary). 8. Ensure that permission has been obtained form Aviation Yes / No. Authority for erection of towers which comes in the vicinity of flying zone. (Where necessary) 9. Check that the safety measures has been taken before Yes / No. undertaking for the Road / Rail / River Xing jobs involving like wise stretches. 10. For rail or road crossing check whether written working plan is Yes / No. available at site with specific reference to safety e.g. local earthing, skilled & experience manpower, proper T&P, strength and height of scaffolding to maintain the required clearance etc. 11. Ensure that all the members and proper size of Nuts and Bolts Yes / No. of lower section are fitted properly before erection of the upper section of tower is taken up. SN Description of Activity Feed back Remarks 12. Check that the anti climbing devices are provided in the tower Yes / No. after erection job. 13. Check that the danger plates have been provided. Yes / No. 14. Check that only erection team members are allowed to stand Yes / No. near the tower while erection is in process and should wear the safety helmet / Safety Shoes. 15. Working area of the tower has been demarcated during Yes / No. erection. 16 Check that proper guying arrangement has been made. And Yes / No. also to see that proper size of the crow bars has been used which has been fixed at hard surface in case of sandy soil or loose soil. 17 Check that proper arrangement is made while lifting the tower Yes / No. members and fixing them at height i.e. Proper size and strength of the hook used for lifting the tower members. 18 Check sufficient numbers of guys are made while lifting the Yes / No. assembled cross arm and also avoiding use of single sheeve pulleys while lifting the assembled cross arm / heavy load. III. CONDUCTOR STRINGING: SN Description of Activity Feed back Remarks 1. All drivers and plant operators are holding the valid driving Yes / No. license. 2. Check that the permit has been obtained from the Competent Yes / No. Authority for stringing of conductor while crossing through Road / Rail / River / Venerable areas etc. ( Where necessary ) 3. Check that required painting has been made on tower falling Yes / No. in the vicinity of aviation zones. (Where necessary.) 4. Check that all safety measures have been taken during Yes / No. stringing of conductor crossing the EHV / HV / LT lines (Earthing of existing lines etc.) 5. Ensure that proper size of Nuts and Bolts is rigidly tightened Yes / No. and punching / tacking / tack welding is done in towers before undertaking stringing job. 6. Ensure that proper scaffolding arrangements made during Yes / No. stringing of conductor( While Road Xing / Power Line Xing etc. 7. Ensure that all members are fitted in tower before undertaking Yes / No. conductor stringing work. 8. Check that the back filling of the foundation has been done as per specification. Yes / No. 9. Ensure that the discharge rod is electrically tested before use. Yes / No. 10. Stringing Machine / Tension pullor Machine are properly Yes / No. earthed. 11. Check the brake arrangement of the TSE Machines is working. Yes / No. 12. Ensure that the pulleys used before conductor stringing has Yes / No. been checked for adequate strength / proper size (diameter), also in case of open type pulleys proper locking arrangements like providing of Safety Pin is made Ensure for copy of test certificate for all the lifting machines and tackles. 13. Ensure the ropes used before conductor stringing has been Yes / No. checked for adequate strength / physical condition (Free from break of strands and knots etc. SN Description of Activity Feed back Remarks 14. Check that the lifting tools and tackles i.e. Winch Machine, Yes / No. Chain Pulley Block, Trifor, D - Shackle etc. are in healthy condition and has been tested periodically. (Attach copy of test certificate). 15. Check for the brake arrangement of the Drum reel of Yes / No. conductor during laying / paying out of conductor. 16. Check that proper communication facility is available at site Yes / No. during of stringing of conductor ( If required ) 17. Whether the tower has been permanently earthed. Yes / No. 18. Check that Sag Board is provided at two locations. Yes / No. 19. Check that the Sag Board arrangement is made by the Yes / No. experienced / trained persons. 20. Check approved Sag tension chart is available and followed at Yes / No. site. 21. While clamping of conductor / EW to be done, check for Yes / No. earthing. 22. Ensure sending signal to puller to stop when last layer of Yes / No. conductor / EW being pulled. 23. Check tension applied on the dynamo meter dial and check Yes / No. values with approved data. 24. Before stringing starts check that the villagers do not come Yes / No. underneath the job of the concerned section. 25. Only nylon or polypropylene ropes should be used during Yes / No. conductor stringing in vicinity of live overhead lines. 26. Ensure that PTW has been taken from the concerned authority. Yes / No. 27. Ensure that Winch, Pulleys etc. are properly earthed. Yes / No. 28. For LT lines, whether special persons are posted at each point Yes / No. of isolation till return of permit (PTW). 29. Whether the network of LT lines has been thoroughly checked Yes / No. and precautions taken Against inadvertent charging. 30. Check that proper arrangement is made / available for Yes / No. development and use of a Portable Earthing and Short – Circuiting Devices which can be engaged and disengaged to and from the LT lines, keeping away from the LT lines, until all operations on the same are completed and all men and materials are removed from LT lines. 31. Check the provision and proper positioning for the guying and Yes / No. back staying (Where necessary). 32. Check demarcation of feeder is done for D/c Line. Yes / No. 33. Ensure that all the insulator strings are thoroughly checked for Yes / No. availability and proper fixing of cotter / split pins before hoisting the same. General Points common for all activities during Excavation, Casting of Foundation I. ERECTION OF TOWER AND STRINGING OF CONDUCTOR : SN Description of Activity Feed back Remarks 1. Check whether the contractor had procured required quantity Yes / No. of PPEs considering maximum numbers of erection gangs deployed at one time. 2. Supervisors/ Workmen have been provided with required Yes / No. healthy PPEs, like Safety helmet / Safety Belts / Safety Shoes / Gum Boot etc. as applicable. 3. Availability of First Aid Box with required medicines at site. Yes / No. 4. Instruction register is available at site. Yes / No. 5. Ensure that Supervisor / Gang Leader always issues instruction Yes / No. to the Workmen before start of work. 6. Ensure that supervisory staff from Power Grid is available at site during construction. Yes / No. 7. All driver and plant operators are holding valid driving license. Yes / No. 8. Check the vehicle for rescue is available at site. Yes / No. 9. Ensure engaged labour are aware of the job. Yes / No. 10. Check that the unskilled labourers are not engaged in skilled Yes / No. job. 11. Ensure that supervisor / workmen engaged in the field are Yes / No. aware of First Aid Techniques ( Such as in case of Electric Shock, Fall from the height, Snake bite and the person rescued from buried under the debris etc. 12. Check for nearby Hospital / Doctor in case of emergencies Yes / No. arises. 13. While transporting heavy consignment of conductor / EW Yes / No. drums from central store to site by the use of Cranes, Truck, and Tractor. The safety aspect for construction and failure of brake system of moving machinery is to be checked. 14. At least one dry powder type of portable fire extinguisher shall Yes / No. be provided especially where explosive or blasting agents are used for excavation. 15. Check the competence (Qualification / Experience) of Yes / No. supervisor / gang leader of contractor. REMARKS IF ANY: Signature Signature Signature Name : Name : Designation : Name : Designation: Representative of Designation: DPN from Representative Contractor DPN Representative from Site. Circle Office Safety Related Check List during Construction of Substation Region: ..........…............................... Date of Safety Audit:......................................................... Name of Sub Stn. / Switching Stn.: .......................................................................................……… Name of Contractor: ..........................................................................................................………. Contractor License / Registration No.:……………….............................Validity...............……..... Name of Sub Contractor : .................................................................................................………. Sub-Contractor License / Registration No.:……………….............................Validity...............……..... I. SUB STATION CIVIL WORKS : SN Description of Activity Feed back Remarks i): Safety during Excavation : 1. Check Sub station area has been protected by constructing Yes / No. boundary wall all around the sub station to avoid entry of passerby / unauthorized person or animal in the sub station. 2. De watering arrangement is available ( If necessary ) Yes / No. 3. Check proper / adequate arrangement is made for extension of Yes / No. electric supply. (Proper size of cable, Use of fuse, No loose connection and no naked wire connection to Pumps / Illumination / Electric compressors etc. if applicable). 4. Check arrangement of illumination at construction site is Yes / No. available. 5. Check dumping of Excavated soil (Minimum 1.5 Mts. Or half the Yes / No. depth of the pit which ever is more from the edge of the pit.) 6. Check Shoring & Shuttering to protect the loose rock / soil Yes / No. against fall. (if required). 7. Check lone worker is not be allowed to work in the excavated Yes / No. area. 8. Ensure Laying of temporary cables used for operation of Yes / No. Machines used during construction should not cause any danger for electrocution of persons / animals. 9. Ensure that before undertaking excavation, the soil has been Yes / No. tested and in case of availability of any explosive / dangerous gas, necessary arrangement must be made to remove / dilute such gases. 10. The positions of underground installations such as sewers, water Yes / No. pipes and electrical cables has been verified and in case of their existence, they must be isolated before further excavation works to ensure Human Safety. 11. Check that the scaffolds are not overloaded in any case. Yes / No. Scaffolds are to be erected and supported properly. 12. Stability of the soil of the excavated pit for safe working is to be Yes / No. checked and certified by a competent person daily before start of work. A register at site is maintained where competent person can certify accordingly. No manhole should remain uncovered during night & off days. 13. Check the provision of sufficient strong ladder of suitable length Yes / No. is available near the working place during excavation. SN Description of Activity Feed back Remarks 14. Check if any permission is required from local statutory body Yes / No. before excavation. 15. Check for No undercutting / toe cutting in soil. Yes / No. 16. Check after excavation the work should be speedily completed Yes / No. without delay and back filling done at the earliest. 17. Check for any possibility of seepage of water from nearby pond Yes / No / river has been estimated and taken care of. 18. Check to avoid slide / collaps of side walls of excavated pit, the Yes / No. excavation is to be done in trapezoidal cross – section. ii): Safety precaution during Storage, Handling and Use of Blasting Material: 1 Check that the adequate arrangement is made for the storage of blasting material at safe place. (Temporary Magazine is to be Yes / No. installed observing all norms) as per Indian Explosive Act. 2. Check that the blasting materials is handled by licensed blaster Yes / No. with due care at site. (If applicable) 3. Check smoking is prohibited in the vehicle carrying explosives. Yes / No. 4. Check that the Blaster is holding proper license issued by the Yes / No. appropriate authority. As per Indian Explosive Act. 5. Check that the length of the fuse wire used during blasting Yes / No. operation is adequate. 6. Check while transportation, no unauthorized person is allowed Yes / No. in vehicle carrying explosives. 7. Check that the loading and unloading of explosives is being Yes / No. done carefully. 8. Check explosives and detonators or blasting caps is not being Yes / No. transported in the same vehicle. 9. Check while transportation the detonators and explosives are Yes / No. not carried loose or mixed with other materials. 10 Check surplus explosives shall not be stacked near working area Yes / No. during loading / unloading. 11. Check explosives shall not be held in hands when lightening the Yes / No. fuse. 12. Check that blasting in the open has been carried out during the Yes / No. fixed hours every day or on fixed days in the week so that the public at large should know about this. 13. Check that arrangement has been made to display sufficient Yes / No. warnings / sign board to enable the people to get out of the blasting area to get off the danger zone 14. Check that the danger zone has been suitably cordoned off. Yes / No. 15. Check during blasting operations begin / after the firing of explosives shall follow the loud siren. Yes / No. 16. Check that during blasting operation, Labour / Workmen / Passerby are at safe places and arrangement is made to inform Yes / No. public by caution markings ( Red Flag ) / Public Notices etc. 17. Check that PPEs i.e. Safety helmets, Safety Shoes, is used by blaster and their gang members during blasting and also the Yes / No. persons supervising the blasting operations. 18. For covered blasting ensure placement of cover plates of proper thickness and sufficient numbers of sand filled bags. Yes / No. 19. Ensure that permission for blasting has been obtained from the appropriate authority. Yes / No. iii) Safety during casting of Foundation / Concreting : SN Description of Activity Feed back Remarks 1. Check construction materials are stacked at safe place and also does not cause any danger. (Away from pit) i.e. 1.5 Mtrs. or half Yes / No. the depth of the pit which ever is more.) 2. Check proper arrangement of illumination at Construction Site of Sub station is available. Yes / No. 3. Check that the Concreting Mixer/ Vibrator machines etc are placed at a safe place (Not very near to any pit at least 1.5 Mtr. Yes / No. from the edge of the pit) to avoid transfer of vibrations and should be operated by skilled persons. 4. Check proper / adequate arrangement is made for extension of electric supply. (Proper size of cable, Use of fuse, No loose Yes / No. connection for De watering Pumps / Illumination / Electric compressors etc. if applicable). 5. Check for laying of temporary cables used during construction activities should not cause any danger for electrocution to Yes / No. persons / animals. 6. All bracing, struts and shuttering in excavations shall be adequately secured so as to prevent their accidental Yes / No. displacement. 7. Ensure Shuttering and timbering has been made as detailed in I:S: 3764 for protecting the loose rock / soil against fall. Yes / No. 8. Check for proper placing of Hydraulic jacks with stability and constant watch of these instruments (which are continuously Yes / No. loaded) to avoid any danger of displacement causing sever accident. II. SAFETY DURING STRUCTURE, EQUIPMENT ERECTION & CABLE LAYING ETC. : SN Description of Activity Feedback Remarks 1. Check Back filling done prior to erection activity. Yes / No. 2. Check the derrick used before structure erection has been Test certificate is checked for adequate strength / size and no joints are Yes / No. required apart from permitted. visual inspection. 3. Check that the pulleys used before structure erection / Yes / No. Test certificate is Equipment Erection has been checked for adequate strength / required apart from proper size (diameter), also in case of open type pulleys proper visual inspection. locking arrangements like providing of Safety Pin is made Safe working load should be punched. 4. Check the ropes used before structure erection / Equipment Yes / No. Test certificate is Erection has been checked for adequate strength / physical required apart from condition (free from break of strands and knots etc. visual inspection. 5. Check that the lifting tools and tackles are in healthy condition Yes / No. Test certificate is and has been tested periodically. required apart from visual inspection. 6. Check permission has been obtained from Aviation Authority for Yes / No. erection of Lightning Mast which comes in the vicinity of flying zone. (Where necessary ) 7. Check that all Nuts and Bolts are fitted in the structure before Yes / No. undertaking the job of other section of the structure and are tightened. 8. Check area has been cordoned off to prevent injuries to unauthorized persons from hitting against structural component Yes / No. or falling in the excavated pits. SN Description of Activity Feedback Remarks 9. Check that danger plates are available on all the equipment & structures in the switchyard. Yes / No. 10. Check demarcation of feeder is done for Double Circuit Line. Yes / No. 11. Check only erection team members are allowed to stand near the structure / Equipment while erection is in process and should Yes / No. wear the safety helmet / Safety Shoes. 12. Check proper guying arrangement has been made while lifting structure / Equipment, if necessary. Yes / No. 13. Check that proper arrangement is made while lifting the structure members and fixing them at height i.e. Proper size and Yes / No. strength of the hook used for lifting the structure members. 14. Check sufficient numbers of guys are made while lifting the assembled structure / heavy loads and also avoiding use of Yes / No. single sheeve pulleys while lifting the assembled structure / heavy load. 15. Check arrangement has been made for equipment identification. Yes / No. 16. Check that required painting made on tower falling in the vicinity of aviation zones. (Where necessary.) Yes / No. 17 Check no live wires nearby. Take shut down if necessary. Yes / No. 18. Check the structure has been permanently earthed. Yes / No. 19. Check crane are preferably be used for erection of pipe structure in the sub station building works ( if required.) Yes / No. 20. Check all safety procedures for erection work like use of safety helmets, Safety belts, use of guy wires, lowering / lifting of tools Yes / No. by rope etc. are strictly adhered to during structure erection works is in progress in the switchyard. 21. Check that correct size of spanner (Box or ring type) as well as DE spanners is being used. Yes / No. 22. Check working area of the structure has been demarcated during erection. Yes / No. 23. Check heavy structures are lifted with crane with proper safety. Yes / No. 24. Only polypropylene ropes are to be used to tie the aluminium tube / Bus bar since this is soft material and will not damage Yes / No. aluminium tube / Bus bar during erection. 25. Ensure that R clips in insulator caps are fixed properly to avoid disconnection of insulator discs. Yes / No. 26. Ensure that all the necessary security pins (split pins) are fixed. Yes / No. 27. Check all nuts of jumper fittings are properly tightened and live metal clearance have been maintained as per MePTCL/MePDCL Yes / No. specification. 28. In case of tension fitting dead end joint dimensions before & after the compression are checked and recorded. Yes / No. 29. No damaged component of any hardware fitting should be used on works. Yes / No. 30. Length of jumpers has been measured properly to give it a parabolic shape. No sharp bend should exist. Yes / No. 31. Check surge counter erection facilitates proper reading and that earthing is done with minimum bends. Yes / No. 32. Check Surge monitor has been earthed by connecting it to main SN Description of Activity Feedback Remarks earth mat with (G I Flat 75 x 12 mm) and earth pit separately as Yes / No. per drawing. 33. Check the alignment of earth switch with isolator, earth switch of isolator is put into operation and the contacts are cleaned. After Yes / No. completion of pre commissioning checks and formats are dully filled and signed. 34. Ensure that the rubber beedings are kept in good condition. Yes / No. 35. Check CT has been placed on the support structure very carefully Yes / No. and all nuts have been tightened. Earthing is done as per drawing. 36. Ensure the lattice structure of CT has been earthed at two points. Yes / No. 37. Check the marshalling box in the switchyard has proper Yes / No. illumination arrangement. 38. Check the capacitor unit is short circuited & earthed, until Yes / No. erection and commissioning works are being done on CVT. (The capacitor get charged by the electrical fields in the vicinity and they keep these charges for a long time, which can be dangerous to human life. Hence the shorting of capacitor unit is necessary). It should be removed before tests / use. 39. Check Fuses in the marshaling box are OK. Yes / No. 40. Check proper earthing of CVT tank has been done. Yes / No. 41. Check all housing accessories, mounting stools including bolts / Yes / No. Nuts for fixing Line Trap and insulators are of non magnetic material. 42. Check H.F. point of CVTs on which the coupling device is not Yes / No. mounted has been earthed. 43. Check the remaining CVTs have been earthed thro’ coupling Yes / No. device. 44. Cable drums after visual inspection should be stored preferably Yes / No. in the covered area. Cable ends should be clamped. 45. Ensure each cable and conduit run should be tagged with cable Yes / No. identity numbering as per the approved that appear in the cable and conduit schedule. 46. The tag should be of aluminium plate with ID number punched Yes / No. on it and securely attached to the cable conduit by not less than two turns. Cable tags should of rectangular shape for power cables and of circular shape for control cables. 47. Check underground cable markers should project 150 mm above Yes / No. ground and spaced at an interval of 30 Mts. They shall be located on both sides of road and drain crossing and also at every change in direction. 48. Check cable tags should be provided inside the switchgear, Yes / No. motor control centres, control and relay panels etc. wherever required for cable identification, where a number of cables enter together through a gland plate. SN Description of Activity Feedback Remarks 49. The cable (power and control) between LT stations, Control Yes / No. room, DG set building and fire fighting pump house should be laid in the buried cable trenches. In addition to the above, for lighting purpose also, buried cable trench can be used in outdoor area.(as per Technical specification of specific contract ) 50. Cable route and joint markers and RCC warning covers should Yes / No. be provided wherever required. The voltage grade of cables should be engraved on the marker. 51. Tray Identification Number on each run of trays at an interval of Yes / No. 10 Mtrs should be painted. 52. In case the outer sheath of a cable is damaged during handling / Yes / No. installation, the same should be repaired to the satisfaction of the site. In case any other part of a cable is damaged, the same should be replaced by a healthy cable. Power cables should be at the top most layers. The armor of control cable is to be earthed. 53. All cable termination should be appropriately tightened to Yes / No. ensure secure and reliable connections. All the exposed parts of cable lugs should be covered with tape, sleeve or paint. 54. Power and control cables are laid on separate cable trays Yes / No. 55. Co-axial cable is laid separately from power cable. Yes / No. 56. All cable trays, racks and metallic ducts have been grounded by Yes / No. connecting each to earth / mat. ( As per Scheme ) 57. Check sections of cable trays have been bridged by copper Yes / No. jumpers/ G I to retain continuity of earthing. (As per Scheme) 58. Check earthing of panel is done by the erection contractor for Yes / No. connecting it with switchyard earth mat. ( As per Scheme ) 59. Auxiliary bus wiring for AC and DC supplies, Voltage Transformer circuits, annunciation circuits and other common services is Yes / No. provided near the top of the panels running through out the entire length of the panels. 60. All internal wiring to be connected to external equipment is Yes / No. terminated on terminal blocks, preferably vertically mounted on the side of each panel. 61. Check whether Mimic Diagram is available preferably made of Yes / No. anodized aluminium or plastic of approved fast colour material and screwed on to the panel that can be easily cleaned. 62. Check the panels all equipment mounted on front and rear side Yes / No. as well as equipment mounted inside are provided with individual name plates with equipment designated engraved. 63. Check on top of each panel on front as well as rear side, large Yes / No. and bold name plates are provided for circuit / feeder designation. 64. Check all front mounted equipments are provided at the rear Yes / No. with individual name plates engraved with tag numbers corresponding to panel internal wiring to facilitate easy tracing of the wiring. 65. Check the name plates mounted directly by the side of the Yes / No. respective equipments should not be hidden by equipment wiring. 66. Check availability of 240V single phase 50 HZ, AC socket with Yes / No. switch suitable to accept 5 Amps and !5 Amps pin round SN Description of Activity Feedback Remarks standard plug, is provided in the interior of each cubicle with ON-OFF switch for connection of hand lamps. 67. Check that panels are provided with a fluorescent lighting fixture Yes / No. rated with 240 Volts single phase, 50 Hz supply for the interior illumination of the panel during maintenance. The fittings are complete with switch fuse unit and switching of the lighting is controlled by the respective panel door switch. Adequate lighting with fuse unit is also provided for the corridor in control panels. 68. Check control panels are provided with necessary arrangements Yes / No. for receiving, distributing, isolating and fusing of DC and AC supplies for various control, signalling, lighting and space heater circuits. The incoming and sub circuits are separately with switch fuse units. 69. Check panels are provided with a space heater rated for 240 V, Yes / No. single phase, 50 Hz, AC supply for the internal heating of the panel to prevent condensation of moisture. 70. Check all panels are equipped with an earth bus securely fixed Yes / No. 71. Check when several panels are mounted adjoining each other, Yes / No. the earth bus is made continuous with necessary connectors and clamps for this purpose. 72. Check provision is made for extending the earth bus bars to Yes / No. adjoining panels on either side. 73. Check provision is made on each bus bar of the end panels for Yes / No. connecting earthing grid. 74. Check all metallic cases of relays, instruments and panel Yes / No. mounted equipment including gland plates are connected to the earth bus by copper wires of specified size. 75. Check the colour code of the earthing wire is green. Yes / No. 76. Check that earthing made with equipment is with Nuts and Bolts Yes / No. i.e. For such connection lugs should be pressed and tightened to the terminals through Nuts and Bolts. 77. Check that no equipment is mounted on the panel doors. Yes / No. 78. Check each switch should bear clear inscription identifying its Yes / No. function. 79. Check those who have sufficient knowledge of steel structural Yes / No. job have been employed in steel structural works only. 80. Check necessary instruction has been communicated by Yes / No. supervisor before start of the day’s works to workmen under his control. 81. Storing of equipments is to be made properly to avoid any Yes / No. accident during handling. 82. Check all Nuts and bolts are properly raised or lowered Yes / No. preferably using closed loop pulleys and gully bags / hand bags tied at the end for carrying nuts and bolts. 83. Check that Fire resistant sheets are used before entrance of Yes / No. control cable in control room. 84. Check air compressor tubing properly tightened. Yes / No. 85. Check all carrying connectors / clamps properly tightened. Yes / No. III. CONDUCTOR LAYOUT DURING CONSTRUCTION STAGE : SN Description of Activity Feed back Remarks 1. Check all members are fixed in structure and ensure proper size Yes / No. of Nuts and Bolts are rigidly tightened and punching / tacking / tack welding is done in towers / structures before undertaking conductor laying job. 2. Ensure proper scaffolding arrangements made during laying of Yes / No. conductor (While Power Line crossing etc). 3. Ensure that all members are fitted in structure before Yes / No. undertaking conductor laying work. 4. Ensure that the discharge rod is electrically tested before use. Yes / No. 5. Ensure whether the structure is properly earthed. Yes / No. 6. Only nylon or polypropylene ropes should be used during Yes / No. conductor laying in vicinity of live overhead lines. 7. Ensure that PTW has been taken from the concerned authority Yes / No. when extension of existing sub station is under execution. 8. Ensure that Winch, Pulleys etc. are properly earthed. Yes / No. 9. For LT lines, check whether special persons are posted at each Yes / No. point of isolation till return of permit (PTW) if positioning of person is not possible then it is to be seen that all the point of isolation has been kept in the locked position till the work is in progress. 10. Whether the network of LT lines has been thoroughly checked Yes / No. and precautions taken against inadvertent charging. 11. Check that proper arrangement is made / available for Yes / No. grounding LT lines coming across during conductor laying. (This can be done by way of portable earthing and short circuiting devices which cab be engaged to and disengaged from LT lines, keeping away from the LT lines until all operations on the same are completed and all man and materials are removed from the LT lines). 12. Check the provision and proper positioning for the guying and Yes / No. back staying (Where necessary). 13. Check working of hydraulic crimping machine. Yes / No. 14. Check before and after crimping, dimensional changes in clamps Yes / No. and are in accordance with the drawings and specifications. IV. SWITCHYARD EARTHING DURING CONSTRUCTION STAGE: SN Description of Activity Feed back Remarks 1. Check that while earthing conductor crossing the road is laid Yes / No. 300 mm below the road or at greater depth depending upon the site conditions. 2. Check that while laying the Earthing conductor in outside area is Yes / No. buried at least 600 mm below the furnished ground level. 3. Check that the earthing pads have been provided for the Yes / No. apparatus / equipments at accessible position. 4. Check all steel columns, metallic stairs are connected to nearby Yes / No. earthing grid conductor by two earthing leads. 5. Check of earthing of lightening fixtures, receptacles switches, Yes / No. junction boxes lighting conduits has been done by a separate earthing conductor. 6. Check that the railway tracks within switchyard area has been Yes / No. SN Description of Activity Feed back Remarks earthed at a spacing of 30 Mts. / specified distance and also at both ends. 7. Check cable trays has been connected to earthing flat of 50X6 Yes / No. mm / specified sized earthing flat at intervals specified in approved drawing. 8. Check that this earthed flat is earthed at about 30 Mts. distance. Yes / No. 9. All accessories in transformer and reactor like radiators tank, Yes / No. cooling banks etc are connected to the earthing grid at minimum two points. 10. Check metallic conduits are not used as earth continuity Yes / No. conductor. 11. Check flexible earthing connectors should be provided for the Yes / No. moving parts. 12. Check sheath and armor of single core power cable is earthed at Yes / No. switchgear end and equipment side. 13. Check contact surface of earthing pads for jointing free from Yes / No. scale, paint, enamel, grease, rust or dust. 14. Check that light poles, junction boxes on the poles, cable and Yes / No. cable boxes / glands, lockout switches etc. are connected to the earthing conductor running along with the supply cable which intern is connected to the earthing grid conductor at a minimum two points. Check earthing conductor which is generally buried 2000 mm Yes / No. 15. outside the switchyard fence. All the gates and every alternate post of the fence are to be connected to earthing grid. 16. Check megger used for measuring soil resistivity is calibrated Yes / No. with desired accuracy. 17. The earth resistivity has been measured in dry weather Yes / No. condition. 18. Check the earthing of Transformers and Shunt reactor, earth pits Yes / No. are constructed as per relevant standard / approved drawing. Check that the measured value of combined earth resistance Yes / No. 19. should be less than 1 Ohm. Check that for earth electrode and individual earth pits, this Yes / No. 20. value should not be more than one Ohm. Check all non current carrying metal parts shall be effectively Yes / No. 21. earthed by two separate and distinct earth connections ( Indian Electricity Rule 61,67 ) 22. Check that all pylon supports in the Fire Fighting HVSW system Yes / No. has been earthed to the earthmat. V. GENERAL POINTS COMMON FOR ALL ACTIVITIES DURING EXCAVATION, CASTING OF FOUNDATION Erection of structures, laying of conductor, storage and transportation of material: SN Description of Activity Feed back Remarks 1. Check Supervisors / Workmen have been provided with required Yes / No. healthy PPEs. Like ( Safety helmet / Safety Belts / Safety Shoes / Gum Boot etc. as applicable ) 2. Check availability of First Aid Box with required medicines at site. Yes / No. 3. Check Site Instruction register is available at site. Yes / No. 4. Ensure Supervisor / Gang Leader always issues instruction to the Yes / No. Workmen including contractor labour before start of work. 5. Ensure supervisory staff from Power Grid is available at site Yes / No. SN Description of Activity Feed back Remarks during construction. 6. Check all driver and plant operators are holding valid driving Yes / No. license. 7. Check the vehicle for rescue is available at site. Yes / No. 8. Ensure engaged labour are aware of the job. Yes / No 9. Ensure supervisor / workmen engaged in the field are aware of Yes / No. First Aid Techniques ( Such as in case of Electric Shock, Fall from the height, Snake bite and the person rescued from buried under the debris, rescue of person from drowning etc. 10. Check for availability and to keep a record of nearby Hospital / Yes / No. Doctor in case of emergencies arises. 11. While transporting heavy consignment of conductor / EW drums Yes / No. from central store to site by the use of Cranes, Truck, Tractor. The safety aspect for construction and failure of brake system of moving machinery is to be checked. 12. At least one dry powder type of portable fire extinguisher shall Yes / No. be provided especially where explosive or blasting agents are used for excavation. ( If applicable ) 13. Check the competence (Qualification / experience) of supervisor Yes / No. / gang leader of contractor. 14. Wire mesh rolls shall be secured in order to prevent dangerous Yes / No. recoiling action. 15. Proper unloading arrangement has been made at site (Preferably Yes / No. with crane) to unload the material. 16. After unloading the material visual inspection of the materials Yes / No. has been carried out along with the erection contractor to check that the material has not been damaged or not (Galvanizing is proper or not) As per approved Field Quality Plan etc. 17. While transporting the heavy laden equipment like transformer / Yes / No. Reactor by road from Rly Stn to Sub station check whether for all safety precaution taken. Like safe lifting capacity of crane, safe load on culvert / Bridge / Nala / Drain etc.and working plan is available at site with specific reference to safety e.g. local earthing, skilled & experience manpower, proper T&P, strength and LT wires / HT wires interrupting the height of equipment and the required clearance maintained etc. Permission to be obtained from concerned authority if required. “Impact recorder on the equipment like Reactor / Transformer must be installed during transportation” 18. Check that the adequate and safe means of access and aggress Yes / No. has been provided for all work places as far as reasonably practicable and is being used by the workers. 19. Check proper illumination is provided at the work places and Yes / No. their approaches including passage ways. 20. Check that the lamps have been protected by suitable guards Yes / No. where necessary to prevent danger, in case the lamp breaks. 21. Check loose materials which are not required for use shall not be Yes / No. placed or left so as dangerously to obstruct work places or passage ways. 22. Check all projected nails has been removed or bent over to Yes / No. prevent injury. 23. Check scrap, waste and rubbish has not been allowed to Yes / No. SN Description of Activity Feed back Remarks accommodate on the site or the scrap materials has been stored at the isolated place. 24. Check that the worker while working at height scaffold materials, Yes / No. waste materials and tools are not being thrown by them to cause injury to any person. 25. Check whether contractor has procured required quantity of PPE Yes / No. considering maximum number of erection gangs deployed at one time. Check the quantity of PPEs. 26. Check that the PPEs required by the workmen are being utilized Yes / No. by them always. 27. Check the worker is under constant surveillance by the other Yes / No. person while working at height. 28. Check construction site has been barricaded for unauthorized Yes / No. persons / animals. 29. Check that lifting appliances and machines and vehicles used on Yes / No. the construction site is of sound material and good quality and is free from patent defects and is strong enough to with safely the load and stresses to which they will be subjected. 30. Check structures and equipment is being used only for the Yes / No. purpose for which they were intended. 31. Check equipment has been operated by the competent person. Yes / No. 32. Check portable ladders shall not exceed 9 Mts. in length, other Yes / No. wise may cause danger while climbing of person and back legs shall be equally braced. 33. Check unskilled labour are not utilized for skilled jobs and only Yes / No. experience persons are deployed for erection. 34. Check a well planed and documented procedure for the entire Yes / No. Construction works of Sub station shall be prepared by contractor and get approved from Power Grid for distribution to Contractors’ field staff and Power Grid for follow up. 35. Check no metallic measuring tapes are being used during Yes / No. expansion of charged bays. 36. Check metal ladders are not being used in the vicinity of Yes / No. exposed live electrical equipment. 37. Check one bore well is available for water supply in case Yes / No. Municipal Construction supply is not available 38. Check charged area of a yard should be properly fenced off. Yes / No. 39. Check ladders / lengthy articles / lengthy equipments etc. should Yes / No. always be carried in horizontal position. 40. Check insurance by contractor for the labour to provide Yes / No. adequate coverage for any accident etc. Signature Signature Signature Name : Name : Name : Designation : Designation: Designation: Representative of DPN Representative from DPN Representative from Site. Contractor Circle Office ks if any: Annexure 8 Annexure- 9 Right of Way/Width (RoW) in Forest: 132 kV Line DURING CONSTRUCTION A B C 3m 3m 3m 27 M-RoW Area where trees are lopped/pruned/pollarded. Area where trees are completely felled. AFTER CONSTRUCTION A B C 3m 3m 3m 27 M-RoW Area where trees are lopped/pruned/pollarded. Area kept clear of trees for O & M Area left for natural generation Note: RoW for : 132 kV-27M 220 kV-35M, 400kV S/C-52M, 400kV D/C-46M ANNEXURE -10 FOREST CLEARANCE PROCESS Submission of Proposal Scrutiny & Processing Grant in Principal Approval Case I Forest Proposal upto 40 ha Case II : More than 40 ha Submission of Compliance Report Issuance of Diversion Order Annexure 10a ABOUT THE MANUAL Audience This manual is meant for User Agencies/Stake Holders that are supposed to submit application for seeking prior forests clearances for diverting forest land for non-forestry purposes. Purpose The purpose of this document is to provide an interface between user and OSMFC, an “Online Submission and Monitoring of Forest Clearances Proposals”. It will help the user to understand major features, benefits and workflow of the system. It will also help to submit the details of the proposal along with all annexures and later on status of the proposal can be tracked. Authorship This manual has been prepared by Ministry of Environment, Forests and Climate Change, Government of India, New Delhi – 110003. Copyright © 2014, Ministry of Environment, Forests and Climate Change, Government of India, New Delhi – 110003. This manual contains information that is proprietary to Ministry of Environment, Forests and Climate Change, which shall not be transmitted or duplicated without due permission from Ministry. The content of this manual may not be used in any misleading or objectionable context. Contact Information Mr Rajesh Kumar Pathak Senior Technical Director Environment, Forests and Climate Change Informatics Division (EFCCID) Ministry of Environment, Forests and Climate Change New Delhi-110003 Website: forestsclearance.nic.in Email: monitoring-fc@nic.in;rkpathak@nic.in Phone: 011-24360465 • ABOUT FORESTS CLEARANCE PORTAL • INTRODUCTION In order to bring more transparency and accountability in the forests clearance process, Ministry of Environment, Forests and Climate change, Government of India has rolled out a portal named “Online Submission and Monitoring of Forests Clearances Proposals”(OSMFCP). OSMFC is a web based, role based, G2C and G2G workflow application that are developed for online submission and monitoring of the proposals submitted by the user agencies for seeking forests clearances, for diverting forest land for non- forestry purposes. It automates the entire tracking of proposals which includes online submissions of a new proposal, editing/updating the details of proposals and displays status of the proposals at each stage of the workflow. The system is based on the Web Architecture. It uses dotNET as an application server and SQL as a database server. • OBJECTIVE The following are the main objectives of the SYSTEM: • Enhance efficiency, transparency and accountability in the forest clearance process. • Reduction in turnaround time for activity. • Enhance responsiveness through workflows automation and availability of real time information. • Enhance ease and convenience of citizens and businesses in accessing information and services. • Achieve standardization in processes across regional and state level. • CORE FEATURES OF POR TAL • A role based workflow application that helps User Agencies in online submission of the proposals seeking forest clearances for non-forestry purposes and tracking the proposals. • Facilitate management in effective monitoring. • Delays in the clearance process can be ascertained • Accessible from any PC having internet facility • 24x7 Online • ROLES The following Roles have been defined as per the responsibility: • USER AGENCY Any user Agency have to register with the FC portal before submitting any proposal for seeking prior approval of Central Government for the diversion of forests land for non-forestry purposes. When, UA register with the portal an acknowledgement slip containing user-id and password would be sent by the system automatically to UA‟s registered email id. UA can login into FC portal by using user-id and password communicated through email and then UA can upload Form-A online along with all relevant documents. The User Agency can track the status of the proposal after submitting it online. • NODAL OFFICER (STATE FOREST DEPTT) After receiving the proposal online, Nodal Officer can examine the proposal for its completeness and the same will be forwarded (after assigning State Serial No.) by him/her to the divisions affected with the diversion of forest land. If proposal is not complete, Nodal Officer can raise query and may ask UA to submit the complete proposal. The proposal will come again to Nodal Officer after the completion of process from Circle Office. After receiving the proposal from CF/CCF, the concerned Nodal Officer would process it and will upload his/her recommendations/SIR. When, Nodal officer upload these details, the proposal would be forwarded automatically to State Secretary. • DFO/DCF After receiving the proposal online from Nodal Officer, the concerned DFO can view the proposal (Form-A submitted by UA) and then may upload his/her Recommendations and Site Inspection Report. DFO level user does not have privileges to make any modification in the proposal, they can only fill up Part II of Form-A. When, DFO upload recommendation and SIR, the proposal would be forwarded to concerned Circle Officer (CF/CCF). • CF/CCF After receiving the proposal online from DFO/DCF, the concerned CF/CCF can view the proposal (Form-A submitted by UA) and recommendations of DFO and then may upload his/her Recommendations and Site Inspection Report. CF/CCF level user does not have privileges to make any modification in the proposal, they can only fill up Part III of Form-A. Or he/she may raise any query to concerned division, if required. When, Circle Officer uploads his/her recommendation and SIR, the proposal would be forwarded to concerned Nodal Officer. • STATE SECRETARY (STATE GOVT) After receiving the proposal online from Nodal Officer, the concerned State Secretary can view the proposal (Form-A submitted by UA) and recommendations of DFO, Circle and Nodal Officer and then may upload his/her Recommendations. When, State Secretary uploads these details, the proposal would be forwarded to either Regional Office or Head Office of Ministry depending upon the category and area of the project. • REGIONAL OFFICE After receiving the proposal online from State Secretary, the concerned RO can view the proposal (Form-A submitted by UA) and recommendations of DFO, Circle, Nodal Officer and State Secretary. RO level user may upload the State Advisory Group agenda, minutes on portal and then can send SAG approved proposals to RO (HQ), Delhi for the recommendation of the Competent Authority of the Ministry of Environment, Forests & Climate Change (MoEFCC). • REGIONAL OFFICE (HQ), NEW DELHI After receiving the proposal online from RO, the RO (HQ) level user can view the proposal (Form-A submitted by UA) and recommendations of DFO, Circle, Nodal Officer, State Secretary and RO. RO(HQ) level user then process the file and process it for the approval for the Competent Authority of the MoEFCC. After taking approval of the Competent Authority, the status is updated on the portal and the proposal is forwarded to RO for issuing the Stage-I clearance. • MoEF HEAD OFFICE, NEW DELHI After receiving the proposal online from RO, the MoEFCC (HO) level user can view the proposal (Form-A submitted by UA) and recommendations of DFO, Circle, Nodal Officer, State Secretary and RO. MoEFCC (HO) level user then process the file and process it for the approval of the Competent Authority of MoEF CC. After taking approval of the Competent Authority, he/she has to update the status of the proposal and upload the approval letter on the portal. • District Collector (DC) After viewing the proposal, DC may upload FRA document. The same could be uploaded by Nodal Officer also. • WORK FLOW User Agency can register to get the login credentials from http://forestsclearance.nic.in. Thereafter, project details can be submitted along with all required documents [Form-A (Part-I) etc.]. When UA submits all these details, an acknowledgement letter would be sent (by System) to email-id of User Agency. Acknowledgement letter may contain some information including unique proposal number. UA may refer this unique proposal number for future reference. Nodal Officer scrutinizes the proposal (within 10 days) and sends an acceptance letter to User Agency, if all relevant documents are uploaded properly by UA. If any document is missing or any other information is needed, Nodal Officer may ask UA to upload those missing information. Timeline will start only, if Nodal officer accepts the proposal. When, Nodal Officer sends the acceptance letter to UA, proposal details are forwarded automatically to concerned DFOs and DCs for their necessary action. DFO can view the proposal after logging in to portal and can take print out (if needed) of the entire details and then process it. After that, he/she uploads the part-II of Form-A on the portal along with his/her recommendation and Site Inspection report. When, DFO uploads his/her recommendation and Site Inspection Reports on the portal, proposal details are forwarded automatically to concerned CF/CCF for the necessary action. District Collector (DC) can view the proposal after logging in to portal. He/she may upload FRA document (that must include Forest rights settlement details) on the portal. This document can be uploaded by Nodal Officer also when proposal reaches to him after processing by Circle office. CF/CCF can view the proposal and recommendation of DFO after logging in to portal and can take print out (if needed) of the entire details and then process it. After that, he/she uploads the part-III of Form-A on the portal along with his/her recommendation and Site Inspection report (if site inspection done). When, CF/CCF uploads his/her recommendation and Site Inspection Reports on the portal, proposal details are forwarded automatically to concerned Nodal Officer for the necessary action. Nodal Officer can view the proposal and recommendations of DFO and CF/CCF after logging in to portal and can take print out (if needed) of the entire details and then process it. After that, he/she uploads the part-IV of Form-A on the portal along with his/her recommendation and Site Inspection report (if site inspection done). When, Nodal Officer uploads his/her recommendation and Site Inspection Reports on the portal, proposal details are forwarded automatically to concerned State Secretary for the necessary action. State Secretary can view the proposal and recommendations of DFO, CF/CCF and Nodal Officer after logging in to portal and can take print out (if needed) of the entire details and then process it. After that, he/she uploads the part-V of Form-A on the portal along with his/her recommendation. When, State Secretary uploads his/her recommendation on the portal, proposal details are forwarded automatically to concerned Regional Office or Head Office, Delhi as per the flow defined in the system. Note: • All proposals related with diversion of forest land from 0 to 40 ha are forwarded to Regional Office. • All proposals related with diversion of forest land for more than 40 ha are forwarded directly to Head Office, Delhi for the processing at Head Office (MoEF, Delhi). Regional Office can view the proposal and recommendations of DFO, CF/CCF, Nodal Officer and State Secretary after logging in to portal and can take print out (if needed) of the entire details and then process it. • The fate of the proposals related with diversion of forest land up to 5 ha (except mining and regularization of encroachments) is decided at RO (without any State Advisory Group/Regional Empowered Committee meeting). • RO conducts SAG/REC meetings for the proposals related with diversion of forest land up to 5 ha (Mining and regularization of encroachments only) and all other projects related with diversion of forest land from 5 to 40 ha. Then, RO forwards these proposals (along with recommendation of SAG/REC) to RO(HQ), Delhi for the approval of Competent Authority of Ministry of Environment, Forests & Climate Change. Regional Office (HQ), Delhi can view the proposal and recommendations of DFO, CF/CCF, Nodal Officer, State Secretary and Regional Office after logging in to portal and can take print out (if needed) of the entire details and then process it for the approval of the Competent Authority of the MoEFCC. HO (Delhi)can view the proposal and recommendations of DFO, CF/CCF, Nodal Officer, State Secretary and Regional Office after logging in to portal and can take print out (if needed) of the entire details and then conducts FAC meetings. • HO may ask Regional Office to upload site inspection reports in cases in which area is more than 100 ha. • FAC recommendations (along with decision of Competent Authority) and agenda and minutes of the meeting are uploaded on portal. Automatic mailer notifications will be triggered for each and every transaction committed in the OSMFC System. The status of proposal will be updated at each transaction and the same would be reflected automatically in the reports available in public domain. • NEW USER AGENCY REGISTRATION AND LOGIN • NEW REGISTRATION User Agency: For submitting the proposal, a user agency has to register Online at FC portal. Registration can be done in the following manner: • Type http://forestsclearance.nic.in in the address bar of the web browser i.e. Internet Explorer, Mozilla Firefox, Google Chrome etc. and press Enter. A Home page of OSMFCP portal will appear as shown in Figure-2.1. • Click on Register New User Agency as shown in the Figure-2.1. Figure-2.1: Home Page of OSMFCP portal New User Registration Form of the Online Submission and Monitoring of Forests Clearances Proposals portal will appear as shown in Figure-2.2. Figure-2.2 : New User Registration Form of OSMFCP • Fill-in the data in the above mentioned form and then press „SUBMIT‟ button. After successful registration, new user will get the notification on registered email-id. • LOGIN To login into the FC portal, do the following: • Click on the Login (User Agency) as shown in figure 2.3. Figure-2.3: Home Page of OSMFCP Login Form of FC portal will appear as shown in the figure 2.4 Figure-2.4: Login Page of OSMFCP • Type the user id in the text box. • Type the password in the Password text box. • Type the code in the text box shown in the Captcha image below it. • Click on Login button as shown in Figure-2.4. After successful login, Change password page will be displayed as shown in figure 2.5 Figure- 2.5: Change password screen User Agency has to change password assigned through email generated after registration. When User Agency changes the password, the following page (Figure-2.6) would be displayed on screen. Figure- 2.6: First time logged in page for the UA The option for changing password is available under „My Account’ tab also as shown in the figure 2.7. Figure- 2.7: Change password screen • LOGOUT To logout from OSMFCP portal, click on the option “Logout” at the right corner of the screen as shown in the figure 2.6. • ADDING, EDITING &TRACKING PROPOSALS • ADD NEW PROPOSAL User Agency can submit details of the proposals (Form-A, Part-I) seeking prior forests clearance for the diversion of forests land to be diverted for non-forestry purposes. After submitting the proposal details, UA can track the status of the proposal submitted as per the flow defined in the system. They are supposed to check their emails and SMSs for further action at their end. To submit a new proposal, following procedure may be adopted: • To add a new proposal, click on „My Proposals‟ tab. Then click on the Allocation of Fresh Forest land (Form-A) link available under „Add New Proposal’ link as shown in Figure 3.1. Figure 3.1: First screen for Adding New Proposal • After clicking on „Allocation of Fresh Forest land (Form-A)‟, Form-A will be displayed on screen as shown in figure-3.2. Figure: 3.2 Details of Form-A, Part-I to be filled in by UA • Fill up the form (Form-A, Part-I) displayed at Figure 3.2. Note: Form-A contains four (7) pages for the proposals for all categories except Mining sector. Form-A for Mining cases contains Five (9) pages. User Agency is advised to follow all the instructions given on the pages. The parameters marked with * are mandatory. • User Agency can save the proposal in Draft mode by clicking on „Save as Draft‟ button available on first page of Form-A, Part-I or they may click on „Next‟ button for filling up other pages. If „Save as Draft‟ button is clicked, a Unique proposal no. will be generated automatically by the system and the same would be communicated to the user through pop-up message. If user clicks on „OK‟ of pop- up message, control will come back to the first page. Then UA may fill up other pages by clicking on „Next‟ button. • User Agency has to click on „Save as Draft‟ or „Save and lock’ button available on last page for saving the entire form. Note: Modifications can be made in the proposal, if it is saved by clicking on „Save in Draft’ button. No change can be made in the proposal, if it is saved by clicking on „Save & lock‟ button. Please ensure that all details have been uploaded properly before saving in lock mode. • After successfully addition of proposal, an acknowledgement letter is emailed automatically to the email-id of User Agency and the proposal is sent to the concerned Nodal Officer for further necessary action. Concerned Nodal Officer will get the email notification alert. User Agency can submit original proposal to Nodal Officer along with acknowledgement letter and other relevant documents. Similarly, other proposals (Form-B and Form-C) can be submitted through the portal. • UPDATE NEW PROPOSAL The details of the proposals can be updated by User Agency if these details have been submitted by clicking on „Save as Draft‟ button. No change can be made if proposal is saved and locked. To update the submitted proposal, the following procedure may be adopted: Step 1: To update a proposal, click on „My Proposals‟ tab. Then click on the View/Edit Form-A link available under „View/Edit New Proposal‟ link as shown in Figure 3.4. Figure 3.4: First screen for viewing/editing new proposal Step 2: After clicking on „View/Edit Form-A‟ link, the following will be displayed on screen as shown in figure-3.5 Figure 3.5: Second screen for viewing/editing new proposal • Step 3: Click on Edit icon displayed against proposal no. to view/edit the proposal details. After clicking on Edit icon, Edit/View form will be displayed as shown in Figure-3.6. User Agency can update the information and then may submit it by clicking on „Save & lock‟ button. Once application is saved by using this option, no further changes can be made in the proposal. Similarly, other proposals (Form-B and Form-C) can be edited on the portal. Figure 3.6: Second screen for viewing/editing new proposal • VIEW STATUS OF SUBMI TTED PROPOSALS User Agency can see online decision and status of concerned submitted proposals by clicking on the View Status of Submitted Proposals link under My Project option as shown in the Figure 3.7. Similarly, status of other proposals (Form-B and Form-C) can also be viewed on portal. Figure-3.7: Status of Submitted Proposals • ESSENTAIL DETAILS SO UGHT BY FOREST DEPAR TMENT After submission of proposal successfully, Forest department may sought essential details from User Agency at any level (Nodal Officer/DFO/Circle etc) during processing of proposal. An email/sms alert will be sent by Forest department to User Agency for the same. User Agency can view the details needed by forest department for further processing. The following steps could be followed for the same. • Click on Essential Details Sought by Forest Department link under My Proposals. Then, the following details will be displayed on screen. Figure-3.8 Screen showing summary of proposals in which essential details have to be submitted by UA • User Agency can view the Essential Details Sought (EDS) by Forest department as shown in figure 3.9 and then may reply to the query. The system will show the status of the proposal as „Pending at UA” till the reply is uploaded on portal. Figure-3.9Form for submitting reply by UA This completes the process at User Agency. • ANNEXURE A Frequently Asked Questions (FAQs) • What does OSMFCP stand for? Ans. Online Submission and Monitoring of Forests Clearances Proposals. • What does UA stand for? Ans. User Agency. • How UA can register and login on the OMSFCP portal? Ans. User Agency can click on Register (New User Agency) tab available on main page of the portal (http://forestsclearance.nic.in). Then a registration form will be displayed on the screen. When UA submits Registration form, then a user-id (email of UA) and password will be emailed automatically to UA‟s email-id. UA can login with these credentials. • Where is all the information regarding the OSMFCP residing? Ans. All the proposal information is available on Forests Clearance portal. Click here to visit. • What are the key benefits for the department adopting the Online Submission and Monitoring of Forests Clearances Proposals? Ans. It provides transparency and efficiency in the working environment, minimizes the processing delay, helps in timely disposal of important issues, enables one to work from anywhere, anytime, leads to a paperless working and provides ease and flexibility in the retrieval of various reports. • Are all the necessary fields required to be filled while submitting the proposal online? Ans. All the required field should be filled otherwise system will not allow submitting the proposal. • Is it possible to add more proposals after the acceptance for consideration of the proposal submitted by UA? Ans. Yes, the UA can add more proposals after acceptance of a proposal by forest department. • How Forest department will inform UAs if any additional information is sought from them? Ans.UA will receive an email if any additional information is sought by forest department. The same could be viewed by UA by clicking on Essential Details sought by Forest department under My proposals. • Is it possible to see the contact detail of Ministry Nodal Officer for Private Entrepreneur? Ans. Yes, List of Nodal Officers is available on the website. • Can Private Entrepreneur/UA track the progress of their proposal? Ans. Yes, they can see the progress as well as the decisions. • Is Captcha code necessary? Ans. Yes, due to the Security Guidelines, it is necessary to insert the code at every transaction. • Is it mandatory to change the password from default given password? Ans. Yes, it is mandatory to change the password on first login after receiving the default password. • Is it possible to see the list of all the proposals submitted by UA? Ans. Yes, the list of projects considered by PMG is available on the website. • Can more than one proposal be added by one user agency? Ans. Yes, more than one proposal can be added by one user agency. Annexure 11 (Published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub-section (ii) MINISTRY OF ENVIRONMENT AND FORESTS New Delhi 14th September, 2006 Notification S.O. 1533 Whereas, a draft notification under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 for imposing certain restrictions and prohibitions on new projects or activities, or on the expansion or modernization of existing projects or activities based on their potential environmental impacts as indicated in the Schedule to the notification, being undertaken in any part of India1, unless prior environmental clearance has been accorded in accordance with the objectives of National Environment Policy as approved by the Union Cabinet on 18th May, 2006 and the procedure specified in the notification, by the Central Government or the State or Union territory Level Environment Impact Assessment Authority (SEIAA), to be constituted by the Central Government in consultation with the State Government or the Union territory Administration concerned under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification, was published in the Gazette of India ,Extraordinary, Part II, section 3, sub-section (ii) vide number S.O. 1324 (E) dated the 15th September ,2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public; And whereas, copies of the said notification were made available to the public on 15th September, 2005; And whereas, all objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O. 60 (E) dated the 27th January, 1994, except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification. _________________________ 1 Includes the territorial waters 1 2. Requirements of prior Environmental Clearance (EC):- The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category ‘A’ in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category ‘B’ in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity: (i) All new projects or activities listed in the Schedule to this notification; (ii) Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization; (iii) Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range. 3. State Level Environment Impact Assessment Authority:- (1) A State Level Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising of three Members including a Chairman and a Member – Secretary to be nominated by the State Government or the Union territory Administration concerned. (2) The Member-Secretary shall be a serving officer of the concerned State Government or Union territory administration familiar with environmental laws. (3) The other two Members shall be either a professional or expert fulfilling the eligibility criteria given in Appendix VI to this notification. (4) One of the specified Members in sub-paragraph (3) above who is an expert in the Environmental Impact Assessment process shall be the Chairman of the SEIAA. (5) The State Government or Union territory Administration shall forward the names of the Members and the Chairman referred in sub- paragraph 3 to 4 above to the Central Government and the Central Government shall constitute the SEIAA as an authority for the purposes of this notification within thirty days of the date of receipt of the names. (6) The non-official Member and the Chairman shall have a fixed term of three years (from the date of the publication of the notification by the Central Government constituting the authority). (7) All decisions of the SEIAA shall be unanimous and taken in a meeting. 4. Categorization of projects and activities:- (i) All projects and activities are broadly categorized in to two categories - Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man made resources. 2 (ii) All projects or activities included as Category ‘A’ in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification; (iii) All projects or activities included as Category ‘B’ in the Schedule, including expansion and modernization of existing projects or activities as specified in sub paragraph (ii) of paragraph 2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, but excluding those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification. In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project; 5. Screening, Scoping and Appraisal Committees:- The same Expert Appraisal Committees (EACs) at the Central Government and SEACs (hereinafter referred to as the (EAC) and (SEAC) at the State or the Union territory level shall screen, scope and appraise projects or activities in Category ‘A’ and Category ‘B’ respectively. EAC and SEAC’s shall meet at least once every month. (a) The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or the Union territory level shall be constituted by the Central Government in consultation with the concerned State Government or the Union territory Administration with identical composition; (b) The Central Government may, with the prior concurrence of the concerned State Governments or the Union territory Administrations, constitutes one SEAC for more than one State or Union territory for reasons of administrative convenience and cost; (c) The EAC and SEAC shall be reconstituted after every three years; (d) The authorised members of the EAC and SEAC, concerned, may inspect any site(s) connected with the project or activity in respect of which the prior environmental clearance is sought, for the purposes of screening or scoping or appraisal, with prior notice of at least seven days to the applicant, who shall provide necessary facilities for the inspection; (e) The EAC and SEACs shall function on the principle of collective responsibility. The Chairperson shall endeavour to reach a consensus in each case, and if consensus cannot be reached, the view of the majority shall prevail. 6. Application for Prior Environmental Clearance (EC):- An application seeking prior environmental clearance in all cases shall be made in the prescribed Form 1 annexed herewith and Supplementary Form 1A, if applicable, as given in Appendix II, after the identification of prospective site(s) for the project and/or activities to which the application relates, before commencing any construction activity, or preparation of land, at the site by the applicant. The applicant shall furnish, along with the application, a copy of the pre-feasibility project report except that, in case of construction projects or activities (item 8 of the Schedule) in addition to Form 1 and the Supplementary Form 1A, a copy of the conceptual plan shall be provided, instead of the pre-feasibility report. 3 7. Stages in the Prior Environmental Clearance (EC) Process for New Projects:- 7(i) The environmental clearance process for new projects will comprise of a maximum of four stages, all of which may not apply to particular cases as set forth below in this notification. These four stages in sequential order are:- • Stage (1) Screening (Only for Category ‘B’ projects and activities) • Stage (2) Scoping • Stage (3) Public Consultation • Stage (4) Appraisal I. Stage (1) - Screening: In case of Category ‘B’ projects or activities, this stage will entail the scrutiny of an application seeking prior environmental clearance made in Form 1 by the concerned State level Expert Appraisal Committee (SEAC) for determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA) for its appraisal prior to the grant of environmental clearance depending up on the nature and location specificity of the project . The projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report. For categorization of projects into B1 or B2 except item 8 (b), the Ministry of Environment and Forests shall issue appropriate guidelines from time to time. II. Stage (2) - Scoping: (i) “Scoping”: refers to the process by which the Expert Appraisal Committee in the case of Category ‘A’ projects or activities, and State level Expert Appraisal Committee in the case of Category ‘B1’ projects or activities, including applications for expansion and/or modernization and/or change in product mix of existing projects or activities, determine detailed and comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or activity for which prior environmental clearance is sought. The Expert Appraisal Committee or State level Expert Appraisal Committee concerned shall determine the Terms of Reference on the basis of the information furnished in the prescribed application Form1/Form 1A including Terns of Reference proposed by the applicant, a site visit by a sub- group of Expert Appraisal Committee or State level Expert Appraisal Committee concerned only if considered necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned, Terms of Reference suggested by the applicant if furnished and other information that may be available with the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. All projects and activities listed as Category ‘B’ in Item 8 of the Schedule (Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be appraised on the basis of Form 1/ Form 1A and the conceptual plan. (ii) The Terms of Reference (TOR) shall be conveyed to the applicant by the Expert Appraisal Committee or State Level Expert Appraisal Committee as concerned within sixty days of the receipt of Form 1. In the case of Category A Hydroelectric projects Item 1(c) (i) of the Schedule the Terms of Reference shall be conveyed along with the clearance for pre-construction activities .If the Terms of Reference are not finalized and conveyed to the applicant within sixty days of the receipt of Form 1, the Terms of Reference suggested by the applicant shall be deemed as the final Terms of Reference approved for the EIA studies. The approved Terms of 4 Reference shall be displayed on the website of the Ministry of Environment and Forests and the concerned State Level Environment Impact Assessment Authority. (iii) Applications for prior environmental clearance may be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC concerned at this stage itself. In case of such rejection, the decision together with reasons for the same shall be communicated to the applicant in writing within sixty days of the receipt of the application. III. Stage (3) - Public Consultation: (i) “Public Consultation” refers to the process by which the concerns of local affected persons and others who have plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. All Category ‘A’ and Category B1 projects or activities shall undertake Public Consultation, except the following:- (a) modernization of irrigation projects (item 1(c) (ii) of the Schedule). (b) all projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals. (c) expansion of Roads and Highways (item 7 (f) of the Schedule) which do not involve any further acquisition of land. (d) all Building /Construction projects/Area Development projects and Townships (item 8). (e) all Category ‘B2’ projects and activities. (f) all projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Government. (ii) The Public Consultation shall ordinarily have two components comprising of:- (a) a public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed in Appendix IV, for ascertaining concerns of local affected persons; (b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity. (iii) the public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) concerned in the specified manner and forward the proceedings to the regulatory authority concerned within 45(forty five ) of a request to the effect from the applicant. (iv) in case the State Pollution Control Board or the Union territory Pollution Control Committee concerned does not undertake and complete the public hearing within the specified period, and/or does not convey the proceedings of the public hearing within the prescribed period 5 directly to the regulatory authority concerned as above, the regulatory authority shall engage another public agency or authority which is not subordinate to the regulatory authority, to complete the process within a further period of forty five days,. (v) If the public agency or authority nominated under the sub paragraph (iii) above reports to the regulatory authority concerned that owing to the local situation, it is not possible to conduct the public hearing in a manner which will enable the views of the concerned local persons to be freely expressed, it shall report the facts in detail to the concerned regulatory authority, which may, after due consideration of the report and other reliable information that it may have, decide that the public consultation in the case need not include the public hearing. (vi) For obtaining responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity, the concerned regulatory authority and the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) shall invite responses from such concerned persons by placing on their website the Summary EIA report prepared in the format given in Appendix IIIA by the applicant along with a copy of the application in the prescribed form , within seven days of the receipt of a written request for arranging the public hearing . Confidential information including non-disclosable or legally privileged information involving Intellectual Property Right, source specified in the application shall not be placed on the web site. The regulatory authority concerned may also use other appropriate media for ensuring wide publicity about the project or activity. The regulatory authority shall, however, make available on a written request from any concerned person the Draft EIA report for inspection at a notified place during normal office hours till the date of the public hearing. All the responses received as part of this public consultation process shall be forwarded to the applicant through the quickest available means. (vii) After completion of the public consultation, the applicant shall address all the material environmental concerns expressed during this process, and make appropriate changes in the draft EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the concerned regulatory authority for appraisal. The applicant may alternatively submit a supplementary report to draft EIA and EMP addressing all the concerns expressed during the public consultation. IV. Stage (4) - Appraisal: (i) Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concerned for grant of environmental clearance. This appraisal shall be made by Expert Appraisal Committee or State Level Expert Appraisal Committee concerned in a transparent manner in a proceeding to which the applicant shall be invited for furnishing necessary clarifications in person or through an authorized representative. On conclusion of this proceeding, the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall make categorical recommendations to the regulatory authority concerned either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the application for prior environmental clearance, together with reasons for the same. (ii) The appraisal of all projects or activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report, shall be carried out on the basis of the prescribed application Form 1 and Form 1A as applicable, any other relevant 6 validated information available and the site visit wherever the same is considered as necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. (iii) The appraisal of an application be shall be completed by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned within sixty days of the receipt of the final Environment Impact Assessment report and other documents or the receipt of Form 1 and Form 1 A, where public consultation is not necessary and the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee shall be placed before the competent authority for a final decision within the next fifteen days .The prescribed procedure for appraisal is given in Appendix V ; 7(ii). Prior Environmental Clearance (EC) process for Expansion or Modernization or Change of product mix in existing projects: All applications seeking prior environmental clearance for expansion with increase in the production capacity beyond the capacity for which prior environmental clearance has been granted under this notification or with increase in either lease area or production capacity in the case of mining projects or for the modernization of an existing unit with increase in the total production capacity beyond the threshold limit prescribed in the Schedule to this notification through change in process and or technology or involving a change in the product –mix shall be made in Form I and they shall be considered by the concerned Expert Appraisal Committee or State Level Expert Appraisal Committee within sixty days, who will decide on the due diligence necessary including preparation of EIA and public consultations and the application shall be appraised accordingly for grant of environmental clearance. 8.Grant or Rejection of Prior Environmental Clearance (EC): (i) The regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant within forty five days of the receipt of the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned or in other words within one hundred and five days of the receipt of the final Environment Impact Assessment Report, and where Environment Impact Assessment is not required, within one hundred and five days of the receipt of the complete application with requisite documents, except as provided below. (ii) The regulatory authority shall normally accept the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. In cases where it disagrees with the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned, the regulatory authority shall request reconsideration by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned within forty five days of the receipt of the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned while stating the reasons for the disagreement. An intimation of this decision shall be simultaneously conveyed to the applicant. The Expert Appraisal Committee or State Level Expert Appraisal Committee concerned, in turn, shall consider the observations of the regulatory authority and furnish its views on the same within a further period of sixty days. The decision of the regulatory authority after considering the views of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall be final and conveyed to the applicant by the regulatory authority concerned within the next thirty days. (iii) In the event that the decision of the regulatory authority is not communicated to the applicant within the period specified in sub-paragraphs (i) or (ii) above, as applicable, the 7 applicant may proceed as if the environment clearance sought for has been granted or denied by the regulatory authority in terms of the final recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. (iv) On expiry of the period specified for decision by the regulatory authority under paragraph (i) and (ii) above, as applicable, the decision of the regulatory authority, and the final recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned shall be public documents. (v) Clearances from other regulatory bodies or authorities shall not be required prior to receipt of applications for prior environmental clearance of projects or activities, or screening, or scoping, or appraisal, or decision by the regulatory authority concerned, unless any of these is sequentially dependent on such clearance either due to a requirement of law, or for necessary technical reasons. (vi) Deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis. Rejection of an application or cancellation of a prior environmental clearance already granted, on such ground, shall be decided by the regulatory authority, after giving a personal hearing to the applicant, and following the principles of natural justice. 9. Validity of Environmental Clearance (EC): The “Validity of Environmental Clearance” is meant the period from which a prior environmental clearance is granted by the regulatory authority, or may be presumed by the applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. The prior environmental clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects (item 1(c) of the Schedule), project life as estimated by Expert Appraisal Committee or State Level Expert Appraisal Committee subject to a maximum of thirty years for mining projects and five years in the case of all other projects and activities. However, in the case of Area Development projects and Townships [item 8(b)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This period of validity may be extended by the regulatory authority concerned by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form 1, and Supplementary Form 1A, for Construction projects or activities (item 8 of the Schedule). In this regard the regulatory authority may also consult the Expert Appraisal Committee or State Level Expert Appraisal Committee as the case may be. 10. Post Environmental Clearance Monitoring: (i) It shall be mandatory for the project management to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions in hard and soft copies to the regulatory authority concerned, on 1st June and 1st December of each calendar year. (ii) All such compliance reports submitted by the project management shall be public documents. Copies of the same shall be given to any person on application to the concerned regulatory authority. The latest such compliance report shall also be displayed on the web site of the concerned regulatory authority. 8 11. Transferability of Environmental Clearance (EC): A prior environmental clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor, or by the transferee with a written “no objection” by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions under which the prior environmental clearance was initially granted, and for the same validity period. No reference to the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned is necessary in such cases. 12. Operation of EIA Notification, 1994, till disposal of pending cases: From the date of final publication of this notification the Environment Impact Assessment (EIA) notification number S.O.60 (E) dated 27th January, 1994 is hereby superseded, except in suppression of the things done or omitted to be done before such suppression to the extent that in case of all or some types of applications made for prior environmental clearance and pending on the date of final publication of this notification, the Central Government may relax any one or all provisions of this notification except the list of the projects or activities requiring prior environmental clearance in Schedule I , or continue operation of some or all provisions of the said notification, for a period not exceeding one year from the date of issue of this notification. [No. J-11013/56/2004-IA-II (I)] (R.CHANDRAMOHAN) JOINT SECRETARY TO THE GOVERNMENT OF INDIA 9 SCHEDULE (See paragraph 2 and 7) LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE Category with threshold limit Conditions if any Project or Activity A B 1 Mining, extraction of natural resources and power generation (for a specified production capacity) (a) ( (1) (2) (3) (4) (5) 1(a) Mining of minerals ≥ 50 ha. of mining lease area <50 ha General Condition ≥ 5 ha .of mining shall apply Asbestos mining irrespective of lease area. Note mining area Mineral prospecting (not involving drilling) are exempted provided the concession areas have got previous clearance for physical survey 1(b) Offshore and All projects Note onshore oil and gas Exploration Surveys exploration, (not involving drilling) development & are exempted provided production the concession areas have got previous clearance for physical survey 1(c) River Valley (i) ≥ 50 MW hydroelectric (i) < 50 MW ≥ 25 General Condition shall projects power generation; MW hydroelectric apply (ii) ≥ 10,000 ha. of culturable power generation; command area (ii) < 10,000 ha. of culturable command area 1(d) Thermal Power ≥ 500 MW (coal/lignite/naphta < 500 MW General Condition shall Plants & gas based); (coal/lignite/naptha & apply ≥ 50 MW (Pet coke diesel and gas based); all other fuels ) <50 MW ≥ 5MW (Pet coke ,diesel and all other fuels ) 10 (1) (2) (3) (4) (5) 1(e) Nuclear power All projects - projects and processing of nuclear fuel 2 Primary Processing 2(a) Coal washeries ≥ 1 million ton/annum <1million ton/annum General Condition shall throughput of coal throughput of coal apply (If located within mining area the proposal shall be appraised together with the mining proposal) 2 (b) Mineral ≥ 0.1million ton/annum < 0.1million ton/annum General Condition shall beneficiation mineral throughput mineral throughput apply (Mining proposal with Mineral beneficiation shall be appraised together for grant of clearance) 11 3 Materials Production (1) (2) (3) (4) (5) 3(a) Metallurgical a)Primary industries (ferrous metallurgical industry & non ferrous) All projects b) Sponge iron manufacturing Sponge iron General Condition shall ≥ 200TPD manufacturing apply for Sponge iron <200TPD manufacturing c)Secondary metallurgical Secondary metallurgical processing industry processing industry All toxic and heavy i.)All toxic metal producing units andheavymetal producing ≥ 20,000 tonnes units /annum <20,000 tonnes /annum - ii.)All other non –toxic secondary metallurgical processing industries >5000 tonnes/annum 3( b) Cement plants ≥ 1.0 million <1.0 million General Condition shall tonnes/annum tonnes/annum production apply production capacity capacity. All Stand alone grinding units 12 4 Materials Processing (1) (2) (3) (4) (5) 4(a) Petroleum refining All projects - - industry 4(b) Coke oven plants ≥2,50,000 <2,50,000 & - tonnes/annum ≥25,000 tonnes/annum - 4(c ) Asbestos milling All projects - - and asbestos based products 4(d) Chlor-alkali ≥300 TPD production <300 TPD production Specific Condition shall industry capacityor a unit capacity apply located out side the and located within a notified industrial area/ notified industrial area/ No new Mercury Cell estate estate based plants will be permitted and existing units converting to membrane cell technology are exempted from this Notification 4(e) Soda ash Industry All projects - - 4(f) Leather/skin/hide New projects outside All new or expansion of Specific condition shall processing the industrial area or projects located within a apply industry expansion of existing notified industrial area/ units out side the estate industrial area 5 Manufacturing/Fabrication 5(a) Chemical All projects - - fertilizers 5(b) Pesticides industry All units producing - - and pesticide technical grade specific pesticides intermediates (excluding formulations) 13 (1) (2) (3) (4) (5) 5(c) Petro-chemical All projects - - complexes - (industries based on processing of petroleum fractions & natural gas and/or reforming to aromatics) 5(d) Manmade fibres Rayon Others General Condition shall manufacturing apply 5(e) Petrochemical Located out side the Located in a notified Specific Condition shall based processing notified industrial area/ industrial area/ estate apply (processes other estate than cracking & - reformation and not covered under the complexes) 5(f) Synthetic organic Located out side the Located in a notified Specific Condition shall chemicals industry notified industrial area/ industrial area/ estate apply (dyes & dye estate intermediates; bulk drugs and intermediates excluding drug formulations; synthetic rubbers; basic organic chemicals, other synthetic organic chemicals and chemical intermediates) 5(g) Distilleries (i)All Molasses based All Cane juice/non- General Condition shall distilleries molasses based distilleries apply – (ii) All Cane juice/ <30 KLD non-molasses based distilleries ≥30 KLD 5(h) Integrated paint - All projects General Condition shall industry apply 14 (1) (2) (3) (4) (5) 5(i) Pulp & paper Pulp manufacturing Paper manufacturing General Condition shall industry excluding and industry without pulp apply manufacturing of manufacturing paper from waste Pulp& Paper paper and manufacturing industry manufacture of - paper from ready pulp with out bleaching 5(j) Sugar Industry - ≥ 5000 tcd cane crushing General Condition shall - capacity apply 5(k) Induction/arc - All projects General Condition shall furnaces/cupola - apply furnaces 5TPH or more 6 Service Sectors 6(a) Oil & gas All projects - transportation pipe - line (crude and refinery/ petrochemical products), passing through national parks /sanctuaries/coral reefs /ecologically sensitive areas including LNG Terminal 15 (1) (2) (3) (4) (5) 6(b) Isolated storage & - All projects General Condition shall handling of apply hazardous chemicals (As per threshold planning quantity indicated in column 3 of schedule 2 & 3 of MSIHC Rules 1989 amended 2000) 7 Physical Infrastructure including Environmental Services 7(a) Air ports All projects - - 7(b) All ship breaking All projects - - yards including ship breaking units 7(c) Industrial estates/ If at least one industry Industrial estates housing Special condition shall apply parks/ complexes/ in the proposed at least one Category B areas, export industrial estate falls industry and area <500 Note: processing Zones under the Category A, ha. Industrial Estate of area (EPZs), Special entire industrial area below 500 ha. and not Economic Zones shall be treated as housing any industry of (SEZs), Biotech Category A, category A or B does not Parks, Leather irrespective of the area. require clearance. Complexes. Industrial estates with area greater than 500 ha. and housing at least Industrial estates of area> one Category B 500 ha. and not housing industry. any industry belonging to Category A or B. 7(d) Common All integrated facilities All facilities having land General Condition shall hazardous waste having incineration fill only apply treatment, storage &landfill or and disposal incineration alone facilities (TSDFs) 16 (1) (2) (3) (4) (5) 7(e) Ports, Harbours ≥ 5 million TPA of < 5 million TPA of cargo General Condition shall cargo handling handling capacity and/or apply capacity (excluding ports/ harbours ≥10,000 fishing harbours) TPA of fish handling capacity 7(f) Highways i) New National High i) New State High ways; General Condition shall ways; and and apply ii) Expansion of ii) Expansion of National National High ways / State Highways greater greater than 30 KM, than 30 km involving involving additional additional right of way right of way greater greater than 20m than 20m involving involving land land acquisition and acquisition. passing through more than one State. 7(g) Aerial ropeways All projects General Condition shall apply 7(h) Common All projects General Condition shall Effluent apply Treatment Plants (CETPs) 7(i) Common All projects General Condition shall Municipal Solid apply Waste Management Facility (CMSWMF) 17 (1) (2) (3) (4) (5) 8 Building /Construction projects/Area Development projects and Townships 8(a) Building and ≥20000 sq.mtrs and #(built up area for covered Construction <1,50,000 sq.mtrs. of construction; in the case of projects built-up area# facilities open to the sky, it will be the activity area ) 8(b) Townships and Covering an area ≥ 50 ha ++All projects under Item Area Development and or built up area 8(b) shall be appraised as projects. ≥1,50,000 sq .mtrs ++ Category B1 Note:- General Condition (GC): Any project or activity specified in Category ‘B’ will be treated as Category A, if located in whole or in part within 10 km from the boundary of: (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and international boundaries. Specific Condition (SC): If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre –defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate). 18 APPENDIX I (See paragraph – 6) FORM 1 (I) Basic Information Name of the Project: Location / site alternatives under consideration: Size of the Project: * Expected cost of the project: Contact Information: Screening Category: • Capacity corresponding to sectoral activity (such as production capacity for manufacturing, mining lease area and production capacity for mineral production, area for mineral exploration, length for linear transport infrastructure, generation capacity for power generation etc.,) (II) Activity 1. Construction, operation or decommissioning of the Project involving actions, which will cause physical changes in the locality (topography, land use, changes in water bodies, etc.) Details thereof (with approximate quantities /rates, S.No. Information/Checklist confirmation Yes/No wherever possible) with source of information data 1.1 Permanent or temporary change in land use, land cover or topography including increase in intensity of land use (with respect to local land use plan) 1.2 Clearance of existing land, vegetation and buildings? 1.3 Creation of new land uses? 1.4 Pre-construction investigations e.g. bore houses, soil testing? 1.5 Construction works? 19 1.6 Demolition works? 1.7 Temporary sites used for construction works or housing of construction workers? 1.8 Above ground buildings, structures or earthworks including linear structures, cut and fill or excavations 1.9 Underground works including mining or tunneling? 1.10 Reclamation works? 1.11 Dredging? 1.12 Offshore structures? 1.13 Production and manufacturing processes? 1.14 Facilities for storage of goods or materials? 1.15 Facilities for treatment or disposal of solid waste or liquid effluents? 1.16 Facilities for long term housing of operational workers? 1.17 New road, rail or sea traffic during construction or operation? 1.18 New road, rail, air waterborne or other transport infrastructure including new or altered routes and stations, ports, airports etc? 1.19 Closure or diversion of existing transport routes or infrastructure leading to changes in traffic movements? 1.20 New or diverted transmission lines or pipelines? 1.21 Impoundment, damming, culverting, realignment or other changes to the hydrology of watercourses or aquifers? 1.22 Stream crossings? 1.23 Abstraction or transfers of water form ground or surface waters? 1.24 Changes in water bodies or the land surface affecting drainage or run-off? 20 1.25 Transport of personnel or materials for construction, operation or decommissioning? 1.26 Long-term dismantling or decommissioning or restoration works? 1.27 Ongoing activity during decommissioning which could have an impact on the environment? 1.28 Influx of people to an area in either temporarily or permanently? 1.29 Introduction of alien species? 1.30 Loss of native species or genetic diversity? 1.31 Any other actions? 2. Use of Natural resources for construction or operation of the Project (such as land, water, materials or energy, especially any resources which are non-renewable or in short supply): Details thereof (with approximate quantities /rates, S.No. Information/checklist confirmation Yes/No wherever possible) with source of information data 2.1 Land especially undeveloped or agricultural land (ha) 2.2 Water (expected source & competing users) unit: KLD 2.3 Minerals (MT) 2.4 Construction material – stone, aggregates, sand / soil (expected source – MT) 2.5 Forests and timber (source – MT) 2.6 Energy including electricity and fuels (source, competing users) Unit: fuel (MT), energy (MW) 2.7 Any other natural resources (use appropriate standard units) 21 3. Use, storage, transport, handling or production of substances or materials, which could be harmful to human health or the environment or raise concerns about actual or perceived risks to human health. Details thereof (with approximate S.No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 3.1 Use of substances or materials, which are hazardous (as per MSIHC rules) to human health or the environment (flora, fauna, and water supplies) 3.2 Changes in occurrence of disease or affect disease vectors (e.g. insect or water borne diseases) 3.3 Affect the welfare of people e.g. by changing living conditions? 3.4 Vulnerable groups of people who could be affected by the project e.g. hospital patients, children, the elderly etc., 3.5 Any other causes 4. Production of solid wastes during construction or operation or decommissioning (MT/month) Details thereof (with approximate S.No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 4.1 Spoil, overburden or mine wastes 4.2 Municipal waste (domestic and or commercial wastes) 4.3 Hazardous wastes (as per Hazardous Waste Management Rules) 22 4.4 Other industrial process wastes 4.5 Surplus product 4.6 Sewage sludge or other sludge from effluent treatment 4.7 Construction or demolition wastes 4.8 Redundant machinery or equipment 4.9 Contaminated soils or other materials 4.10 Agricultural wastes 4.11 Other solid wastes 5. Release of pollutants or any hazardous, toxic or noxious substances to air (Kg/hr) Details thereof (with approximate S.No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 5.1 Emissions from combustion of fossil fuels from stationary or mobile sources 5.2 Emissions from production processes 5.3 Emissions from materials handling including storage or transport 5.4 Emissions from construction activities including plant and equipment 5.5 Dust or odours from handling of materials including construction materials, sewage and waste 23 5.6 Emissions from incineration of waste 5.7 Emissions from burning of waste in open air (e.g. slash materials, construction debris) 5.8 Emissions from any other sources 6. Generation of Noise and Vibration, and Emissions of Light and Heat: Yes/No Details thereof (with approximate quantities/rates, wherever S.No. Information/Checklist confirmation possible) with source of information data with source of information data 6.1 From operation of equipment e.g. engines, ventilation plant, crushers 6.2 From industrial or similar processes 6.3 From construction or demolition 6.4 From blasting or piling 6.5 From construction or operational traffic 6.6 From lighting or cooling systems 6.7 From any other sources 24 7. Risks of contamination of land or water from releases of pollutants into the ground or into sewers, surface waters, groundwater, coastal waters or the sea: Details thereof (with approximate S.No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 7.1 From handling, storage, use or spillage of hazardous materials 7.2 From discharge of sewage or other effluents to water or the land (expected mode and place of discharge) 7.3 By deposition of pollutants emitted to air into the land or into water 7.4 From any other sources 7.5 Is there a risk of long term build up of pollutants in the environment from these sources? 8. Risk of accidents during construction or operation of the Project, which could affect human health or the environment Details thereof (with approximate S.No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 8.1 From explosions, spillages, fires etc from storage, handling, use or production of hazardous substances 8.2 From any other causes 8.3 Could the project be affected by natural disasters causing environmental damage (e.g. floods, earthquakes, landslides, cloudburst etc)? 25 9. Factors which should be considered (such as consequential development) which could lead to environmental effects or the potential for cumulative impacts with other existing or planned activities in the locality Details thereof (with approximate S. No. Information/Checklist confirmation Yes/No quantities/rates, wherever possible) with source of information data 9.1 Lead to development of supporting. lities, ancillary development or development stimulated by the project which could have impact on the environment e.g.: • Supporting infrastructure (roads, power supply, waste or waste water treatment, etc.) • housing development • extractive industries • supply industries • other 9.2 Lead to after-use of the site, which could havean impact on the environment 9.3 Set a precedent for later developments 9.4 Have cumulative effects due to proximity to other existing or planned projects with similar effects (III) Environmental Sensitivity Aerial distance (within 15 S.No. Areas Name/ km.) Identity Proposed project location boundary 1 Areas protected under international conventions, national or local legislation for their ecological, landscape, cultural or other related value 26 2 Areas which are important or sensitive for ecological reasons - Wetlands, watercourses or other water bodies, coastal zone, biospheres, mountains, forests 3 Areas used by protected, important or sensitive species of flora or fauna for breeding, nesting, foraging, resting, over wintering, migration 4 Inland, coastal, marine or underground waters 5 State, National boundaries 6 Routes or facilities used by the public for access to recreation or other tourist, pilgrim areas 7 Defence installations 8 Densely populated or built-up area 9 Areas occupied by sensitive man-made land uses (hospitals, schools, places of worship, community facilities) 10 Areas containing important, high quality or scarce resources (ground water resources, surface resources, forestry, agriculture, fisheries, tourism, minerals) 11 Areas already subjected to pollution or environmental damage. (those where existing legal environmental standards are exceeded) 12 Areas susceptible to natural hazard which could cause the project to present environmental problems (earthquakes, subsidence, landslides, erosion, flooding or extreme or adverse climatic conditions) (IV). Proposed Terms of Reference for EIA studies 27 APPENDIX II (See paragraph 6) FORM-1 A (only for construction projects listed under item 8 of the Schedule) CHECK LIST OF ENVIRONMENTAL IMPACTS (Project proponents are required to provide full information and wherever necessary attach explanatory notes with the Form and submit along with proposed environmental management plan & monitoring programme) 1. LAND ENVIRONMENT (Attach panoramic view of the project site and the vicinity) 1.1. Will the existing landuse get significantly altered from the project that is not consistent with the surroundings? (Proposed landuse must conform to the approved Master Plan / Development Plan of the area. Change of landuse if any and the statutory approval from the competent authority be submitted). Attach Maps of (i) site location, (ii) surrounding features of the proposed site (within 500 meters) and (iii)the site (indicating levels & contours) to appropriate scales. If not available attach only conceptual plans. 1.2. List out all the major project requirements in terms of the land area, built up area, water consumption, power requirement, connectivity, community facilities, parking needs etc. 1.3. What are the likely impacts of the proposed activity on the existing facilities adjacent to the proposed site? (Such as open spaces, community facilities, details of the existing landuse, disturbance to the local ecology). 1.4. Will there be any significant land disturbance resulting in erosion, subsidence & instability? (Details of soil type, slope analysis, vulnerability to subsidence, seismicity etc may be given). 1.5. Will the proposal involve alteration of natural drainage systems? (Give details on a contour map showing the natural drainage near the proposed project site) 1.6. What are the quantities of earthwork involved in the construction activity-cutting, filling, reclamation etc. (Give details of the quantities of earthwork involved, transport of fill materials from outside the site etc.) 1.7. Give details regarding water supply, waste handling etc during the construction period. 1.8. Will the low lying areas & wetlands get altered? (Provide details of how low lying and wetlands are getting modified from the proposed activity) 1.9. Whether construction debris & waste during construction cause health hazard? (Give quantities of various types of wastes generated during construction including the construction labour and the means of disposal) 2. WATER ENVIRONMENT 2.1. Give the total quantity of water requirement for the proposed project with the breakup of requirements for various uses. How will the water requirement met? State the sources & quantities and furnish a water balance statement. 28 2.2. What is the capacity (dependable flow or yield) of the proposed source of water? 2.3. What is the quality of water required, in case, the supply is not from a municipal source? (Provide physical, chemical, biological characteristics with class of water quality) 2.4. How much of the water requirement can be met from the recycling of treated wastewater? (Give the details of quantities, sources and usage) 2.5. Will there be diversion of water from other users? (Please assess the impacts of the project on other existing uses and quantities of consumption) 2.6. What is the incremental pollution load from wastewater generated from the proposed activity? (Give details of the quantities and composition of wastewater generated from the proposed activity) 2.7. Give details of the water requirements met from water harvesting? Furnish details of the facilities created. 2.8. What would be the impact of the land use changes occurring due to the proposed project on the runoff characteristics (quantitative as well as qualitative) of the area in the post construction phase on a long term basis? Would it aggravate the problems of flooding or water logging in any way? 2.9. What are the impacts of the proposal on the ground water? (Will there be tapping of ground water; give the details of ground water table, recharging capacity, and approvals obtained from competent authority, if any) 2.10. What precautions/measures are taken to prevent the run-off from construction activities polluting land & aquifers? (Give details of quantities and the measures taken to avoid the adverse impacts) 2.11. How is the storm water from within the site managed?(State the provisions made to avoid flooding of the area, details of the drainage facilities provided along with a site layout indication contour levels) 2.12. Will the deployment of construction labourers particularly in the peak period lead to unsanitary conditions around the project site (Justify with proper explanation) 2.13. What on-site facilities are provided for the collection, treatment & safe disposal of sewage? (Give details of the quantities of wastewater generation, treatment capacities with technology & facilities for recycling and disposal) 2.14. Give details of dual plumbing system if treated waste used is used for flushing of toilets or any other use. 3. VEGETATION 3.1. Is there any threat of the project to the biodiversity? (Give a description of the local ecosystem with it’s unique features, if any) 29 3.2. Will the construction involve extensive clearing or modification of vegetation? (Provide a detailed account of the trees & vegetation affected by the project) 3.3. What are the measures proposed to be taken to minimize the likely impacts on important site features (Give details of proposal for tree plantation, landscaping, creation of water bodies etc along with a layout plan to an appropriate scale) 4. FAUNA 4.1. Is there likely to be any displacement of fauna- both terrestrial and aquatic or creation of barriers for their movement? Provide the details. 4.2. Any direct or indirect impacts on the avifauna of the area? Provide details. 4.3. Prescribe measures such as corridors, fish ladders etc to mitigate adverse impacts on fauna 5. AIR ENVIRONMENT 5.1. Will the project increase atmospheric concentration of gases & result in heat islands? (Give details of background air quality levels with predicted values based on dispersion models taking into account the increased traffic generation as a result of the proposed constructions) 5.2. What are the impacts on generation of dust, smoke, odorous fumes or other hazardous gases? Give details in relation to all the meteorological parameters. 5.3. Will the proposal create shortage of parking space for vehicles? Furnish details of the present level of transport infrastructure and measures proposed for improvement including the traffic management at the entry & exit to the project site. 5.4. Provide details of the movement patterns with internal roads, bicycle tracks, pedestrian pathways, footpaths etc., with areas under each category. 5.5. Will there be significant increase in traffic noise & vibrations? Give details of the sources and the measures proposed for mitigation of the above. 5.6. What will be the impact of DG sets & other equipment on noise levels & vibration in & ambient air quality around the project site? Provide details. 6. AESTHETICS 6.1. Will the proposed constructions in any way result in the obstruction of a view, scenic amenity or landscapes? Are these considerations taken into account by the proponents? 6.2. Will there be any adverse impacts from new constructions on the existing structures? What are the considerations taken into account? 6.3. Whether there are any local considerations of urban form & urban design influencing the design criteria? They may be explicitly spelt out. 6.4. Are there any anthropological or archaeological sites or artefacts nearby? State if any other significant features in the vicinity of the proposed site have been considered. 7. SOCIO-ECONOMIC ASPECTS 7.1. Will the proposal result in any changes to the demographic structure of local population? Provide the details. 30 7.2. Give details of the existing social infrastructure around the proposed project. 7.3. Will the project cause adverse effects on local communities, disturbance to sacred sites or other cultural values? What are the safeguards proposed? 8. BUILDING MATERIALS 8.1. May involve the use of building materials with high-embodied energy. Are the construction materials produced with energy efficient processes? (Give details of energy conservation measures in the selection of building materials and their energy efficiency) 8.2. Transport and handling of materials during construction may result in pollution, noise & public nuisance. What measures are taken to minimize the impacts? 8.3. Are recycled materials used in roads and structures? State the extent of savings achieved? 8.4. Give details of the methods of collection, segregation & disposal of the garbage generated during the operation phases of the project. 9. ENERGY CONSERVATION 9.1. Give details of the power requirements, source of supply, backup source etc. What is the energy consumption assumed per square foot of built-up area? How have you tried to minimize energy consumption? 9.2. What type of, and capacity of, power back-up to you plan to provide? 9.3. What are the characteristics of the glass you plan to use? Provide specifications of its characteristics related to both short wave and long wave radiation? 9.4. What passive solar architectural features are being used in the building? Illustrate the applications made in the proposed project. 9.5. Does the layout of streets & buildings maximise the potential for solar energy devices? Have you considered the use of street lighting, emergency lighting and solar hot water systems for use in the building complex? Substantiate with details. 9.6. Is shading effectively used to reduce cooling/heating loads? What principles have been used to maximize the shading of Walls on the East and the West and the Roof? How much energy saving has been effected? 9.7. Do the structures use energy-efficient space conditioning, lighting and mechanical systems? Provide technical details. Provide details of the transformers and motor efficiencies, lighting intensity and air-conditioning load assumptions? Are you using CFC and HCFC free chillers? Provide specifications. 9.8. What are the likely effects of the building activity in altering the micro-climates? Provide a self assessment on the likely impacts of the proposed construction on creation of heat island & inversion effects? 31 9.9. What are the thermal characteristics of the building envelope? (a) roof; (b) external walls; and (c) fenestration? Give details of the material used and the U-values or the R values of the individual components. 9.10. What precautions & safety measures are proposed against fire hazards? Furnish details of emergency plans. 9.11. If you are using glass as wall material provides details and specifications including emissivity and thermal characteristics. 9.12. What is the rate of air infiltration into the building? Provide details of how you are mitigating the effects of infiltration. 9.13. To what extent the non-conventional energy technologies are utilised in the overall energy consumption? Provide details of the renewable energy technologies used. 10. Environment Management Plan The Environment Management Plan would consist of all mitigation measures for each item wise activity to be undertaken during the construction, operation and the entire life cycle to minimize adverse environmental impacts as a result of the activities of the project. It would also delineate the environmental monitoring plan for compliance of various environmental regulations. It will state the steps to be taken in case of emergency such as accidents at the site including fire. 32 APPENDIX III (See paragraph 7 GENERIC STRUCTURE OF ENVIRONMENTAL IMPACT ASSESSENT DOCUMENT S.NO EIA STRUCTURE CONTENTS 1. Introduction • Purpose of the report • Identification of project & project proponent • Brief description of nature, size, location of the project and its importance to the country, region • Scope of the study – details of regulatory scoping carried out (As per Terms of Reference) 2. Project Description • Condensed description of those aspects of the project (based on project feasibility study), likely to cause environmental effects. Details should be provided to give clear picture of the following: • Type of project • Need for the project • Location (maps showing general location, specific location, project boundary & project site layout) • Size or magnitude of operation (incl. Associated activities required by or for the project • Proposed schedule for approval and implementation • Technology and process description • Project description. Including drawings showing project layout, components of project etc. Schematic representations of the feasibility drawings which give information important for EIA purpose • Description of mitigation measures incorporated into the project to meet environmental standards, environmental operating conditions, or other EIA requirements (as required by the scope) • Assessment of New & untested technology for the risk of technological failure 33 3. Description of the • Study area, period, components & methodology Environment • Establishment of baseline for valued environmental components, as identified in the scope • Base maps of all environmental components 4. Anticipated • Details of Investigated Environmental impacts due to Environmental Impacts project location, possible accidents, project design, project & construction, regular operations, final decommissioning or Mitigation Measures rehabilitation of a completed project • Measures for minimizing and / or offsetting adverse impacts identified • Irreversible and Irretrievable commitments of environmental components • Assessment of significance of impacts (Criteria for determining significance, Assigning significance) • Mitigation measures 5. Analysis of Alternatives • In case, the scoping exercise results in need for (Technology alternatives: & Site) • Description of each alternative • Summary of adverse impacts of each alternative • Mitigation measures proposed for each alternative and • Selection of alternative 6. Environmental • Technical aspects of monitoring the effectiveness of Monitoring Program mitigation measures (incl. Measurement methodologies, frequency, location, data analysis, reporting schedules, emergency procedures, detailed budget & procurement schedules) 7. Additional Studies • Public Consultation • Risk assessment • Social Impact Assessment. R&R Action Plans 8. Project Benefits • Improvements in the physical infrastructure • Improvements in the social infrastructure • Employment potential –skilled; semi-skilled and unskilled • Other tangible benefits 34 9. Environmental Cost If recommended at the Scoping stage Benefit Analysis 10. EMP • Description of the administrative aspects of ensuring that mitigative measures are implemented and their effectiveness monitored, after approval of the EIA 11 Summary & Conclusion • Overall justification for implementation of the project (This will constitute the summary of the EIA • Explanation of how, adverse effects have been Report ) mitigated 12. Disclosure of • The names of the Consultants engaged with their Consultants engaged brief resume and nature of Consultancy rendered 35 APPENDIX III A (See paragraph 7) CONTENTS OF SUMMARY ENVIRONMENTAL IMPACT ASSESSMENT The Summary EIA shall be a summary of the full EIA Report condensed to ten A-4 size pages at the maximum. It should necessarily cover in brief the following Chapters of the full EIA Report: - 1. Project Description 2. Description of the Environment 3. Anticipated Environmental impacts and mitigation measures 4. Environmental Monitoring Programme 5. Additional Studies 6. Project Benefits 7. Environment Management Plan 36 APPENDIX IV (See paragraph 7) PROCEDURE FOR CONDUCT OF PUBLIC HEARING 1.0 The Public Hearing shall be arranged in a systematic, time bound and transparent manner ensuring widest possible public participation at the project site(s) or in its close proximity District -wise, by the concerned State Pollution Control Board (SPCB) or the Union Territory Pollution Control Committee (UTPCC). 2. 0 The Process: 2.1 The Applicant shall make a request through a simple letter to the Member Secretary of the SPCB or Union Territory Pollution Control Committee, in whose jurisdiction the project is located, to arrange the public hearing within the prescribed statutory period. In case the project site is extending beyond a State or Union Territory, the public hearing is mandated in each State or Union Territory in which the project is sited and the Applicant shall make separate requests to each concerned SPCB or UTPCC for holding the public hearing as per this procedure. 2.2 The Applicant shall enclose with the letter of request, at least 10 hard copies and an equivalent number of soft (electronic) copies of the draft EIA Report with the generic structure given in Appendix III including the Summary Environment Impact Assessment report in English and in the local language, prepared strictly in accordance with the Terms of Reference communicated after Scoping (Stage-2). Simultaneously the applicant shall arrange to forward copies, one hard and one soft, of the above draft EIA Report along with the Summary EIA report to the Ministry of Environment and Forests and to the following authorities or offices, within whose jurisdiction the project will be located: (a) District Magistrate/s (b) Zila Parishad or Municipal Corporation (c) District Industries Office (d) Concerned Regional Office of the Ministry of Environment and Forests 2.3 On receiving the draft Environmental Impact Assessment report, the above- mentioned authorities except the MoEF, shall arrange to widely publicize it within their respective jurisdictions requesting the interested persons to send their comments to the concerned regulatory authorities. They shall also make available the draft EIA Report for inspection electronically or otherwise to the public during normal office hours till the Public Hearing is over. The Ministry of Environment and Forests shall promptly display the Summary of the draft Environmental Impact Assessment report on its website, and also make the full draft EIA available for reference at a notified place during normal office hours in the Ministry at Delhi. 2.4 The SPCB or UTPCC concerned shall also make similar arrangements for giving publicity about the project within the State/Union Territory and make available the Summary of the draft Environmental Impact Assessment report (Appendix III A) for inspection in select offices or public libraries or panchayats etc. They shall also additionally 37 make available a copy of the draft Environmental Impact Assessment report to the above five authorities/offices viz, Ministry of Environment and Forests, District Magistrate etc. 3.0 Notice of Public Hearing: 3.1 The Member-Secretary of the concerned SPCB or UTPCC shall finalize the date, time and exact venue for the conduct of public hearing within 7(seven) days of the date of receipt of the draft Environmental Impact Assessment report from the project proponent, and advertise the same in one major National Daily and one Regional vernacular Daily. A minimum notice period of 30(thirty) days shall be provided to the public for furnishing their responses; 3.2 The advertisement shall also inform the public about the places or offices where the public could access the draft Environmental Impact Assessment report and the Summary Environmental Impact Assessment report before the public hearing. 3.3 No postponement of the date, time, venue of the public hearing shall be undertaken, unless some untoward emergency situation occurs and only on the recommendation of the concerned District Magistrate the postponement shall be notified to the public through the same National and Regional vernacular dailies and also prominently displayed at all the identified offices by the concerned SPCB or Union Territory Pollution Control Committee; 3.4 In the above exceptional circumstances fresh date, time and venue for the public consultation shall be decided by the Member –Secretary of the concerned SPCB or UTPCC only in consultation with the District Magistrate and notified afresh as per procedure under 3.1 above. 4.0 The Panel 4.1 The District Magistrate or his or her representative not below the rank of an Additional District Magistrate assisted by a representative of SPCB or UTPCC, shall supervise and preside over the entire public hearing process. 5.0 Videography 5.1 The SPCB or UTPCC shall arrange to video film the entire proceedings. A copy of the videotape or a CD shall be enclosed with the public hearing proceedings while forwarding it to the Regulatory Authority concerned. 6.0 Proceedings 6.1 The attendance of all those who are present at the venue shall be noted and annexed with the final proceedings. 6.2 There shall be no quorum required for attendance for starting the proceedings. 6.3 A representative of the applicant shall initiate the proceedings with a presentation on the project and the Summary EIA report. 6.4 Every person present at the venue shall be granted the opportunity to seek information or clarifications on the project from the Applicant. The summary of the public 38 hearing proceedings accurately reflecting all the views and concerns expressed shall be recorded by the representative of the SPCB or UTPCC and read over to the audience at the end of the proceedings explaining the contents in the vernacular language and the agreed minutes shall be signed by the District Magistrate or his or her representative on the same day and forwarded to the SPCB/UTPCC concerned. 6.5 A Statement of the issues raised by the public and the comments of the Applicant shall also be prepared in the local language and in English and annexed to the proceedings: 6.6 The proceedings of the public hearing shall be conspicuously displayed at the office of the Panchyats within whose jurisdiction the project is located, office of the concerned Zila Parishad, District Magistrate ,and the SPCB or UTPCC . The SPCB or UTPCC shall also display the proceedings on its website for general information. Comments, if any, on the proceedings which may be sent directly to the concerned regulatory authorities and the Applicant concerned. 7.0 Time period for completion of public hearing 7.1 The public hearing shall be completed within a period of 45 (forty five) days from date of receipt of the request letter from the Applicant. Therefore the SPCB or UTPCC concerned shall sent the public hearing proceedings to the concerned regulatory authority within 8(eight) days of the completion of the public hearing .The applicant may also directly forward a copy of the approved public hearing proceedings to the regulatory authority concerned along with the final Environmental Impact Assessment report or supplementary report to the draft EIA report prepared after the public hearing and public consultations. 7.2 If the SPCB or UTPCC fails to hold the public hearing within the stipulated 45(forty five) days, the Central Government in Ministry of Environment and Forests for Category ‘A’ project or activity and the State Government or Union Territory Administration for Category ‘B’ project or activity at the request of the SEIAA, shall engage any other agency or authority to complete the process, as per procedure laid down in this notification. 39 APPENDIX –V (See paragraph 7) PROCEDURE PRESCRIBED FOR APPRAISAL 1. The applicant shall apply to the concerned regulatory authority through a simple communication enclosing the following documents where public consultations are mandatory: - • Final Environment Impact Assessment Report [20(twenty) hard copies and 1 (one) soft copy)] • A copy of the video tape or CD of the public hearing proceedings • A copy of final layout plan (20 copies) • A copy of the project feasibility report (1 copy) 2. The Final EIA Report and the other relevant documents submitted by the applicant shall be scrutinized in office within 30 days from the date of its receipt by the concerned Regulatory Authority strictly with reference to the TOR and the inadequacies noted shall be communicated electronically or otherwise in a single set to the Members of the EAC /SEAC enclosing a copy each of the Final EIA Report including the public hearing proceedings and other public responses received along with a copy of Form -1or Form 1A and scheduled date of the EAC /SEAC meeting for considering the proposal . 3. Where a public consultation is not mandatory and therefore a formal EIA study is not required, the appraisal shall be made on the basis of the prescribed application Form 1 and a pre-feasibility report in the case of all projects and activities other than Item 8 of the Schedule .In the case of Item 8 of the Schedule, considering its unique project cycle , the EAC or SEAC concerned shall appraise all Category B projects or activities on the basis of Form 1, Form 1A and the conceptual plan and stipulate the conditions for environmental clearance . As and when the applicant submits the approved scheme /building plans complying with the stipulated environmental clearance conditions with all other necessary statutory approvals, the EAC /SEAC shall recommend the grant of environmental clearance to the competent authority. 4. Every application shall be placed before the EAC /SEAC and its appraisal completed within 60 days of its receipt with requisite documents / details in the prescribed manner. 5. The applicant shall be informed at least 15 (fifteen) days prior to the scheduled date of the EAC /SEAC meeting for considering the project proposal. 6. The minutes of the EAC /SEAC meeting shall be finalised within 5 working days of the meeting and displayed on the website of the concerned regulatory authority. In case the project or activity is recommended for grant of EC, then the minutes shall clearly list out the specific environmental safeguards and conditions. In case the recommendations are for rejection, the reasons for the same shall also be explicitly stated. . 40 APPENDIX VI (See paragraph 5) COMPOSITION OF THE SECTOR/ PROJECT SPECIFIC EXPERT APPRAISAL COMMITTEE (EAC) FOR CATEGORY A PROJECTS AND THE STATE/UT LEVEL EXPERT APPRAISAL COMMITTEES (SEACs) FOR CATEGORY B PROJECTS TO BE CONSTITUTED BY THE CENTRAL GOVERNMENT ` 1. The Expert Appraisal Committees (EAC(s) and the State/UT Level Expert Appraisal Committees (SEACs) shall consist of only professionals and experts fulfilling the following eligibility criteria: Professional: The person should have at least (i) 5 years of formal University training in the concerned discipline leading to a MA/MSc Degree, or (ii) in case of Engineering /Technology/Architecture disciplines, 4 years formal training in a professional training course together with prescribed practical training in the field leading to a B.Tech/B.E./B.Arch. Degree, or (iii) Other professional degree (e.g. Law) involving a total of 5 years of formal University training and prescribed practical training, or (iv) Prescribed apprenticeship/article ship and pass examinations conducted by the concerned professional association (e.g. Chartered Accountancy ),or (v) a University degree , followed by 2 years of formal training in a University or Service Academy (e.g. MBA/IAS/IFS). In selecting the individual professionals, experience gained by them in their respective fields will be taken note of. Expert: A professional fulfilling the above eligibility criteria with at least 15 years of relevant experience in the field, or with an advanced degree (e.g. Ph.D.) in a concerned field and at least 10 years of relevant experience. Age: Below 70 years. However, in the event of the non-availability of /paucity of experts in a given field, the maximum age of a member of the Expert Appraisal Committee may be allowed up to 75 years 2. The Members of the EAC shall be Experts with the requisite expertise and experience in the following fields /disciplines. In the event that persons fulfilling the criteria of “Experts” are not available, Professionals in the same field with sufficient experience may be considered: • Environment Quality Experts: Experts in measurement/monitoring, analysis and interpretation of data in relation to environmental quality • Sectoral Experts in Project Management: Experts in Project Management or Management of Process/Operations/Facilities in the relevant sectors. • Environmental Impact Assessment Process Experts: Experts in conducting and carrying out Environmental Impact Assessments (EIAs) and preparation of Environmental Management Plans (EMPs) and other Management plans and who have wide expertise and knowledge of predictive techniques and tools used in the EIA process • Risk Assessment Experts • Life Science Experts in floral and faunal management • Forestry and Wildlife Experts 41 • Environmental Economics Expert with experience in project appraisal 3. The Membership of the EAC shall not exceed 15 (fifteen) regular Members. However the Chairperson may co-opt an expert as a Member in a relevant field for a particular meeting of the Committee. 4. The Chairperson shall be an outstanding and experienced environmental policy expert or expert in management or public administration with wide experience in the relevant development sector. 5. The Chairperson shall nominate one of the Members as the Vice Chairperson who shall preside over the EAC in the absence of the Chairman /Chairperson. 6. A representative of the Ministry of Environment and Forests shall assist the Committee as its Secretary. 7. The maximum tenure of a Member, including Chairperson, shall be for 2 (two) terms of 3 (three) years each. 8. The Chairman / Members may not be removed prior to expiry of the tenure without cause and proper enquiry. 42 43 Annexure-12 FORM –8 FOR DISPOSAL OF BATTERIES MINISTRY OF ENVIRONMENT AND FORESTS NOTIFICATION New Delhi, the 16th May, 2001 FORM – VIII [see rule 10 (2)(ii)] FORM FOR FILING RETURNS OF USED BATTERIES [To be submitted by the bulk consumer to the State Pollution Control Board (SPCB) by 30th June (for the period October-March) and 31st December (for the period April-September) every year] 1. Name and address of the bulk consumer 2. Name of the Authorised person and full address with telephone and fax number 3. Number of new batteries of different categories purchased from the manufacturer / importer / dealer or any other agency during October- March and April-September Category : Automotives (i) No. of Batteries (ii) Approximate Four wheeler weight ( in Metric Tonnes) Two wheeler Industrial UPS Motive Power Stand-by Others 4. Number or used batteries of categories mentioned in Sl. No. 3 and Tonnage of scrap sent to manufacturer / dealer / importer / registered recycler / or any other agency to whom the used batteries scrap was sent Place ____________ Signature of the authorised person Date ____________ Enclose list of manufacture / dealer / importer / registered recyclers / or any other agency to whom the used batteries scrap was sent. Annexure 13 Annexure-14 FORM – 2 [See rule 4(8), 5(5) and 9 (5)] Form for Maintaining Records of E-Waste Handled / Generated Quantity in Metric Tonnes (MT) or Kilograms (Kg) per year 1. Name & Address: Producer /Collection Centre/Dismantler? Recycler/ Bulk consumer * 2. Date of Issue of Authorization* Registration * 3. Validity of Authorization* /Registration* 4. Types & Quantity of e-waste handled/ Category Quantity generated Item Description 5. Types & Quantity of e-waste stored Category Quantity Item Description 6. Types & Quantity of e-waste sent to authorized Category Quantity collection centre/ registered dismantler or recycler Item Description 7. Types & Quantity of e-waste transported* Category Quantity Quantity Name, address and contact details of the destination 8. Types & Quantity of e-waste refurbished* Category Quantity Item Description Name, address and contact details of the destination of refurbished materials 9. Types & Quantity of e-waste dismantled* Category Quantity Item Description Name, address and contact details of the destination 10. Types & Quantity of e-waste recycled* Category Quantity Types & Quantity of materials recovered Item Description Quantity Name, address and contact details of the destination 11. Types & Quantity of waste treated & disposed Category Quantity Item Description * Strike off whichever is not applicable FORM 3 [See rule 4(9), 5(4), 6(2), 7 (7), 8 (5) and 9 (5)] FORM FOR FILING ANNUAL RETURNS [To be submitted by producer/collection centre/dismantler/recycler by 30th June following to the financial year to which that return relates]. Quantity in Metric Tonnes (MT) or Kilograms (Kg) per year 1. Name and address of the producer/collection centre/dismantler/recycler 2. Name of the authorized person and complete address with telephone and fax numbers and e- mail address 3. Total quantity e-waste sold/purchased / sent for processing during the year of electrical and electronic equipment listed in the Schedule I (Attach list) Details of the above Type Quantity 3(A)* DISMANTLERS: Quantity of e-waste in MT purchased & sent to (category wise): 3(B)* RECYCLERS: Quantity of e-waste in MT purchased/processed (category wise): 4. Name and full address of the destination with respect to 3 (A-B) above 5. Type and quantity of materials Type Quantity segregated/recovered form e-waste of different categories as applicable to 3(A) & 3(B) Note: The applicant shall provide details of funds received (if any) from producers and its utility with an audited certificate.  Enclose the list of recyclers to whom e-waste have been sent for recycling. * Strike off whichever is not applicable Place ______________ Date ______________ Signature of the authorized person ANNEXURE - 15 PRO-FORMA FOR ENVIRONMENT AND SOCIAL DETAILS FOR TRANSMISSION LINE AND SUB-STATIONS Environmental and Social details for Transmission Lines SN DESCRIPTION ALIGNMENT-I ALIGNMENT-II ALIGNMENT-III 1. Route particulars i) Length ii) Terrain 2. Environmental Details i) Town in) Alignment (Near By) ii) House within ROW iii) Forest In Km / Ha a) Type of forest b) Density of forest c) Type of Fauna & Flora d) Endangered species if any e) Historical/Cultural monument f) Any other relevant information 3. Compensation cost i) Crop ii) Forest 4. No. of Crossing i) Railway ii) Transmission line iii) River Xing etc 5. Construction Problem 6. O & M Problem 7. Overall Remarks 8. Reasons for selection of final route: Environment and Social details for Sub-station Sl. Study Point Alt. I Alt. II Alt. III Remarks No. 01. Location 02. Village Name 03. Size of Land 04. Type of Land (Govt./Pvt./others) 05. General Geography of Area 06. Agricultural/Cropping Pattern Main types of crops Irrigation Facility 07. Socio-economic condition of area : i) Profession of existing population Agricultural (Self employment, Merchants, manufacturer, Transporters & Handicrafts etc.) ii) Wage Earner (Skilled/Unskilled Labour) iii) Others if any iv) Natural Resource base v) Political Influence 08. No./Name of villages effected I. Partly II. Fully 09. Total No. of families likely to be effected 10. No. of families whose part holding likely to be acquired 11. No. of families whose total holding likely to be acquired Land + Home Land Only Home only 12. Caste of PAPs/PAFs a) GC b) OBC c) SC/ST General Pattern of Cultivation i.e. By 13. owner On lease (Registered/ Un- registered) 14. Loss of Structure House/Shop along with the status of occupants (Owner/Tenant/ Lease holder/squatter) 15. Others a) Common property resources like School, Ponds Grazing Ground, Religious Places b) Drainage facility 16. Tree/Plantation/Orchards (Approx.) 17. Cost of Land 18. Reasons for selection/rejection ANNEXURE 16 STATEMENT FOR DETAILS OF SITES IDENTIFIED FOR SUB-STATIONS Sl. Criteria Site-I Site-II Site-III No. 1.0 Land 1.1 Size (Acre) (M x M) 1.2 Govt./Private/Forest land 1.3 Agriculture/Wasteland 1.4 Development 1.5 Approximate cost 1.6 Type of soil 1.7 No. of owners 1.8 Environment/Pollution in the vicinity 1.9 Location with reference to nearest town 1.10 H.F.L. Data 1.11 Diversion of Nallah/Canal required 1.12 Slope 1.13 Extent of levelling required 1.14 Land acquisition feasibility 1.15 Rate of Govt. land 1.16 No. of owners 1.17 Exten. of approach 1.18 Planned/unplanned development 1.19 Size of sites 1.20 No. of families displaced 1.21 Required Government value 1.22 Level of site with ref. to road level 1.23 Distance from sea shore 2.0 Approach 2.1 What are the Obstacles in reaching site Sl. Criteria Site-I Site-II Site-III No. 2.2 Approach road 2.3 Length of approach road 2.4 Distance from main road 2.5 Unloading facility at Railway Station 2.6 No. of Culverts required 3.0 Community Facilities 3.1 Drinking Water 3.2 Drainage 3.3 a) Post Office b) Telephone c) Telex 3.4 Market 3.5 Security 3.6 Amendability 3.7 Availability of construction water 3.8 Availability of water 3.9 Nearest EHC line 3.10 Length of line between this site & nearest substation 3.11 Length of line estimate 3.12 Additional crossings 3.13 Frontage for line take off 3.14 Telephone/Telegraph line 4.0 Others ANNEXURE- 17 SAMPLE TERMS OF REFERENCE (TOR) FOR BIODIVERSITY ASSESSMENT STUDY 1.0 Background : Power transmission is a less intrusive activity. Its operational activities are totally different from other linear transportation corridors. However, it may have some negative impacts on area it traverses and affect any sensitive receptors in its vicinity. In order to ensure that there is minimum impact on any important biodiversity area encountered along the routes, if any, a specific Biodiversity Assessment Study for this stretch shall be undertaken by independent agency to provide necessary mitigation measures that can be incorporated into overall Environment Management Plan (EMP) of the project. 2.0 Objectives & Scope of the Study: The above study aims in identifying potential impacts on flora and fauna and to suggest relevant compensatory and mitigatory measures to protect/conserve biodiversity in the likely impacted area along RoW of transmission line due to the project activity. To achieve this agency/consultant shall carry out a comprehensive study on biological, socio-economic aspects along the proposed routes ( RoW) limited to affected biodiversity area and assess the potential impacts and risks (direct as well as indirect/ induced) due to the project activities and shall suggest appropriate measures for compensating & mitigating measures for managing the same. This study will describe the biodiversity values present on the development site and the impact of the project activity on these values and also identify reasonable measures and strategies that can be taken to avoid and minimise impacts on biodiversity. 3.0 Approach and Methodology of the Study: The study will essentially carried out in two parts: i) Baseline study in order to determine what flora & fauna species of concern might be found along the route in such sensitive areas through review of data from secondary sources like important data base (IBAT Business), using Satellite imaginary like GIS and GPS technique, IUCN Red data lists, other literatures/publications, various notifications/ gazette, forest/wildlife management plans and other studies, if available ii) Field study and collection of primary data along the route in protected/sensitive areas on key parameters like a) Details of flora & fauna with special reference to endemic/threatened species population reported from the study area. b) Description of habitat for such endemic/threatened species, , ecology and like threat including the breeding, foraging pattern and its conservation plan/biodiversity action plan undertaken, if any c) Socio-economic values of the affected area vis-à-vis biodiversity values. d) Consultations with forest/wildlife officials, local communities, technical & managerial staff of Utility and survey team. 4.0 Output: The agency will submit biodiversity assessment report including management plan broadly covering following aspects: 1) Baseline status of diversity values project affected area: Biodiversity assessment shall include details on forest/ tree cover with species and girth distribution, density/crown, description of understory and middle storey flora & fauna, if any, survey of fauna including species abundance, major habitats, current distribution etc. The study also cover distribution of species in terms of seasonal issues related to breeding and feeding ecology and geographical issues related with the movement of wild species including species from cryptic habitats. This study also identify any rare, endangered, threatened, and endemic species of flora and fauna present along the route. If such species are present, the assessment shall also include geographical features and other associations important for survival of these species and their role in community ecology. 2) Study of ecological, environmental and socio-economic impacts: The study should concentrate on the likely impacts on flora & fauna including their role in community ecology due to project activities. The study shall include impact on socio-economic aspect and also impact on ancillary activities such as provision of access roads to site, on other resources on biodiversity value in the affected area. 3) Management Plan for bio-diversity conservation: Based on the assessment, suitable management plan shall be prepared describing adequate compensation, mitigation and management measures with respect to identified impacts, if any. It should focus on measures for conserving important resources, recommending avoidance of impacts by modifying design of specific activities/components if practical, minimum compensatory measures required by GoI/State government for mitigation and/or management measures for indirect or induced impacts, institutional arrangements including co-ordination mechanisms that need strengthening, description of roles and responsibilities, and budgetary resources required. 5.0 Resource Requirements: It is anticipated that the assignment will require a Biodiversity Expert assisted by a field team of support professionals including Ecologist, Wildlife Biologist, and Zoologist & Environmental Management/Planning Specialist etc. 6.0 Completion Schedule & Final Deliverables: It is expected that the above study will be completed within 8-14 weeks from the date of issuance of Work Order. The agency will submit final report in both hard & soft copy with within 2 weeks of acceptance of report. Section IX. Contract Forms 9-149 Annexure- 18 13. FORM OF SAFETY PLAN TO BE SUBMITTED BY THE CONTRACTOR WITHIN SIXTY DAYS OF AWARD OF CONTRACT [TO BE EXECUTED ON A NON JUDICIAL STAMP PAPER WORTH RS. TWENTY ONLY] SAFETY PLAN THIS SAFETY PLAN is made this ……….………...... day of ….……..... 20...... by ………….………………… a Company registered under the Companies Act, 1956/Partnership firm/proprietary concern having its Registered Office at ………….................[ to be modified suitably for JV Contractor] (hereinafter called as ‘Contractor' which expression shall include its successors and permitted assigns) for approval of ......(insert name of the Employer)........, a company incorporated under the Companies Act, 1956 having its Registered Office at ......(insert registered address of the Employer)........ for its Contract for .……………….…...... ......(insert package name, project name alongwith Specification number of the Contract)......... WHEREAS ......(abbreviated name of the Employer)........ has awarded to the Contractor the aforesaid Contract vide its Notification of Award/Contract No. ……..……….... dated ....…………..and Amendment No. ..................... (applicable when amendments have been issued) (hereinafter called the "Contract") in terms of which the Contractor is required to submit ‘Safety Plan’ alongwith certain documents to the Engineer In-Charge/Project Manager of the Employer within Sixty (60) days of Notification of Award for its approval. NOW THEREFORE, the Contractor undertakes to execute the Contract as per the safety plan as follows: 1. THAT the Contractor shall execute the works as per provisions of Bidding Documents including those in regard to Safety Precautions / provisions as per statutory requirements. 2. THAT the Contractor shall execute the works in a well planned manner from the commencement of Contract as per agreed mile stones of work completion schedule so that planning and execution of construction works goes smoothly and consistently through out the contract duration without handling pressure in last quarter of the financial year/last months of the Contract and the shall be finalized in association with EMPLOYER Engineer In-charge/Project Manager from time to time as required. 3. THAT the Contractor has prepared the safe work procedure for each activity i.e. foundation works including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. to be executed at site, which is enclosed at Annexure – 1A (SP) for acceptance and approval of Engineer In- charge/Project Manager. The Contractor shall ensure that on approval of the same from Engineer In-charge/Project Manager , the approved copies will be circulated to Employer’s personnel at site [Supervisor(s)/Executive(s)] and Contractor’s personnel at site [Gang leader, supervisor(s) etc.] in their local language / language understood by gang. Section IX. Contract Forms 9-150 THAT the Contractor has prepared minimum manpower deployment plan, activity wise as stated above, which is enclosed at Annexure – 1B (SP) for approval of Engineer In- charge/Project Manager. 4. THAT the Contractor shall ensure while executing works that they will deploy minimum 25% of their own experienced work force who are on the permanent roll of the company and balance 75% can be a suitable mixed with the hired gangs / local workers / casual workers if required. The above balance 75% work force should be provided with at least 10 days training by the construction agencies at sites and shall be issued with a certificate. No worker shall be engaged without a valid certificate. Hired gang workers shall also follow safe working procedures and safety norms as is being followed by company’s workmen. It should also be ensured by the contractor that certified fitters who are climbing towers / doing stringing operations can be easily identifiable with a system like issue of Badge / Identification cards (ID cards) etc. Colour identification batches should be worn by the workers. Contractor has to ensure that inexperience workers / unskilled workers should not be deployed for skilled job. 5. THAT the Contractor’s Gang leader / Supervisor / Senior most member available at every construction site shall brief to each worker daily before start of work about safety requirement and warn about imminent dangers and precautions to be taken against the imminent dangers (Daily Safety Drill). This is to be ensured without fail by Contractor and maintain record of each gang about daily safety instructions issued to workers and put up to EMPLOYER site In-charge for his review and record. 6. THAT the Contractor shall ensure that working Gangs at site should not be left at the discretion of their Gang Leaders who are generally hired and having little knowledge about safety. Gang leader should be experienced and well versed with the safe working procedures applicable for transmission line/ Sub Station works. In case gang is having Gang leader not on permanent roll of the company then additional Supervisor from company’s own roll having thorough knowledge about the works would be deployed so as to percolate safety instructions upto the grass root level in healthy spirits. Contractor has to ensure close supervision while executing critical locations of transmission lines / sub stations and ensures that all safety instructions are in place and are being followed. 7. THAT the Contractor shall maintain in healthy and working condition all kind of Equipments / Machineries / Lifting tools / Lifting tackles / Lifting gears / All kind of Ropes including wire ropes / Polypropylene ropes etc. used for Lifting purpose during execution of the project and get them periodically examined and load tested for safe working load in accordance with relevant provisions and requirement of Building & other construction workers Regulation of Employment and Conditions of Services Act and Central Rule 1998, Factories Act 1948, Indian Electricity Act 2003 before start of the project. A register of such examinations and tests shall be properly maintained by the contractor and will be promptly produced as and when desired by the Engineer In-charge/Project Manager or by the person authorised by him. The Contractor has to ensure to give special attention on the formation / condition of eye splices of wire rope slings as per requirement of IS 2762 Specification for wire rope slings and sling legs. THAT the Contractor has prepared a list of all Lifting machines, lifting Tools / Lifting Tackles / Lifting Gears etc. / All types of ropes and Slings which are subject to safe Section IX. Contract Forms 9-151 working load is enclosed at Annexure – 2 (SP) for review and approval of Engineer In- charge/Project Manager. 8. THAT the Contractor has to procure sufficient quantity of Personal Protective Equipment (PPE)conforming to Indian / International standards and provide these equipment to every workman at site as per need and to the satisfaction of Engineer-in-charge/Project Manager of EMPLOYER. The Contractor’s Site Supervisor/ Project Manager has to ensure that all workmen must use Personal Protective Equipment at site. The Contractor shall also ensure that Industrial Safety helmets are being used by all workmen at site irrespective of their working (at height or on ground). The Contractor shall further ensure use of safety shoes by all ground level workers and canvas shoes for all workers working at height, Rubber Gum Boots for workers working in rainy season and concreting job, Use of Twin Lanyard Full body Safety Harness with attachment of light weight such as aluminium alloy etc. and having features of automatic locking arrangement of snap hook, by all workers working at height for more than three meters and also for horizontal movement on tower shall be ensured by contractor. The Contractor shall not use ordinary half body safety harness at site. The Contractor has to ensure use of Retractable type fall arrestors by workers for ascending / descending on suspension insulator string and other similar works etc., Use of Mobile fall arrestor for ascending / descending from tower by all workers. The contractor has to provide cotton / leather hand gloves as per requirement, Electrical Resistance Hand gloves for operating electrical installations / switches, Face shield for protecting eyes while doing welding works and Dust masks to workers as per requirement. The Contractor will have to take action against the workers not using Personal Protective Equipment at site and those workers shall be asked to rest for that day and also their Salary be deducted for that day. EMPLOYER may issue warning letter to Project Manager of contractor in violation of above norms. THAT the Contractor shall prepare a detailed list of PPEs, activity wise, to commensurate with manpower deployed, which is enclosed at Annexure – 3 (SP) for review and approval of Engineer In-charge/Project Manager. It shall also be ensured that the sample of these equipment shall be got approved from EMPLOYER supervisory staff before being distributed to workers. The contractor shall submit relevant test certificates as per IS / International Standard as applicable to PPEs used during execution of work. All the PPE’s to be distributed to the workers shall be checked by EMPLOYER supervisory staff before its usage. The Contractor also agrees for addition / modification to the list of PPE, if any, as advised by Engineer In-Charge/Project Manager. 9. THAT the Contractor shall procure, if required sufficient quantity of Earthing Equipment / Earthing Devices complying with requirements of relevant IEC standards (Generally IECs standards for Earthing Equipments / Earthing Devices are – 855, 1230, 1235 etc.) and to the satisfaction of Engineer In-Charge/ Project Manager and contractor to ensures to maintained them in healthy condition. THAT the Contractor has prepared / worked out minimum number of healthy Earthing Equipments with Earthing lead confirming to relevant IS / European standards per gang wise during stringing activity/as per requirement, which is enclosed herewith at Annexure Section IX. Contract Forms 9-152 – 4 (SP) for review and acceptance of Engineer In-Charge/ Project Manager prior to execution of work. 10. THAT the Contractor shall provide communication facilities i.e. Walky – Talkie / Mobile Phone, Display of Flags / whistles for easy communication among workers during Tower erection / stringing activity, as per requirement. 11. THAT the Contractor undertakes to deploy qualified safety personnel responsible for safety as per requirements of Employer/Statutory Authorities. THAT the Contractor employing more than 250 workmen whether temporary, casual, probationer, regular or permanent or on contract, shall employ at least one full time officer exclusively as qualified safety officer having diploma in safety to supervise safety aspects of the equipment and workmen who will coordinate with Engineer In-charge /Project Manager/Safety Co-ordinator of the Employer. In case of work being carried out through sub contractors the sub – contractor’s workmen / employees will also be considered as the contractor’s employees / workmen for the above purpose. If the number of workers are less than 250 then one qualified safety officer is to be deployed for each contract. He will report directly to his head of organization and not the Project Manager of contractor He shall also not be assigned any other work except assigning the work of safety. The curriculum vitae of such person shall be got cleared from EMPLOYER Project Manager / Construction staff. The name and address of such safety officers of contractor will be promptly informed in writing to Engineer In-charge with a copy to safety officer - In-charge before start of work or immediately after any change of the incumbent is made during the currency of the contract. The list is enclosed at Annexure – 5A (SP). THAT the Contractor has also prepared a list including details of Explosive Operator (if required), Safety officer / Safety supervisor / nominated person for safety for each erection / stringing gang, list of personnel trained in First Aid Techniques as well as copy of organisation structure of the Contractor in regard to safety. The list is enclosed at Annexure – 5B (SP). 12. The Project Manager shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the persons and/or property, and/or equipment. In such cases, the Contractor shall be informed in writing about the nature of hazards and possible injury/accident and he shall comply to remove shortcomings promptly. The Contractor after stopping the specific work can, if felt necessary, appeal against the order of stoppage of work to the Project Manager within 3 days of such stoppage of work and decision of the Project Manager in this respect shall be conclusive and binding on the Contractor. 13. THAT, if, any Employer’s Engineer/ supervisor at site observes that the Contractor is failing to provide safe working environment at site as per agreed Safety Plan / EMPLOYER Safety Rule/ Safety Instructions / Statutory safety requirement and creates hazardous conditions at site and there is possibility of an accident to workmen or workmen of the other contractor or public or the work is being carried out in an un safe manner or he continues to work even after being instructed to stop the work by Engineer / Supervisor Section IX. Contract Forms 9-153 at site / RHQ / Corp. Centre, the Contractor shall be bound to pay a penalty of Rs. 10,000/ - per incident per day till the instructions are complied and as certified by Engineer / Supervisor of Employer at site. The work will remain suspended and no activity will take place without compliance and obtaining clearance / certification of the Site Engineer / Supervisor of the Employer to start the work. 14. THAT, if the investigation committee of Employer observes any accident or the Engineer In-charge/Project Manager of the Employer based on the report of the Engineer/Supervisor of the Employer at site observes any failure on the Contractor’s part to comply with safety requirement / safety rules/ safety standards/ safety instruction as prescribed by the Employer or as prescribed under the applicable law for the safety of the equipment, plant and personnel and the Contractor does not take adequate steps to prevent hazardous conditions which may cause injury to its own Contractor’s employees or employee of any other Contractors or Employer or any other person at site or adjacent thereto, or public involvement because of the Contractor’s negligence of safety norms, the Contractor shall be liable to pay a compensation of Rs. 10,00,000/- (Rupees Ten Lakh only) per person affected causing death and Rs. 1,00,000/- (Rupees One Lakh only) per person for serious injuries / 25% or more permanent disability to the Employer for further disbursement to the deceased family/ Injured persons. The permanent disability has the same meaning as indicated in Workmen’s Compensation Act 1923. The above stipulations is in addition to all other compensation payable to sufferer as per workmen compensation Act / Rules THAT as per the Employer’s instructions, the Contractor agrees that this amount shall be deducted from their running bill(s) immediately after the accident, That the Contractor understands that this amount shall be over and above the compensation amount liable to be paid as per the Workmen’s Compensation Act /other statutory requirement/ provisions of the Bidding Documents. 15. THAT the Contractor shall submit Near-Miss-Accident report alongwith action plan for avoidance such incidence /accidents to Engineer – In-charge/ Project Manager. Contractor shall also submit Monthly Safety Activities report to Engineer – In-charge/ Project Manager and copy of the Monthly Safety Activities report also to be sent to Safety In-charge at RHQ of the Employer for his review record and instructions. 16. THAT the Contractor is submitting a copy of Safety Policy/ Safety Documents of its Company which is enclosed at Annexure – 6 (SP) and ensure that the safety Policy and safety documents are implemented in healthy spirit. 17. THAT the Contractor shall make available of First Aid Box [Contents of which shall be as per Building & other construction workers (Regulation of Employment and Conditions of Services Act and Central Rule 1998 / EMPLOYER Guidelines)] to the satisfaction of Engineer In-Charge/ Project Manager with each gang at site and not at camp and ensures that trained persons in First Aid Techniques with each gang before execution of work. 18. THAT the Contractor shall submit an ‘Emergency Preparedness Plan’ for different incidences i.e. Fall from height, Electrocution, Sun Stroke, Collapse of pit, Collapse of Tower, Snake bite, Fire in camp / Store, Flood, Storm, Earthquake, Militancy etc. while carrying out different activities under execution i.e. foundation works including civil works, Section IX. Contract Forms 9-154 erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. which is enclosed at Annexure – 7 (SP) for approval of the Engineer In-Charge/ Project Manager before start of work. 19. THAT the Contractor shall organise Safety Training Programs on Safety, Health and Environment and for safe execution of different activities of works i.e. foundation works including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. for their own employees including sub contractor workers on regular basis. The Contractor, therefore, submits copy of the module of training program, enclosed at Annexure – 9 (SP), to Engineer In-charge/Project Manager for its acceptance and approval and records maintained. 20. THAT the Contractor shall conduct safety audit, as per Safety Audit Check Lists enclosed at Annexure – 8 (SP), by his Safety Officer(s) every month during construction of Transmission Lines / Sub Stations / any other work and copy of the safety audit report will be forwarded to the Employer’s Engineer In-charge / Site In-charge/Project Manager for his comments and feedback. During safety audit, healthiness of all Personal Protective Equipments (PPEs) shall be checked individually by safety officer of contractor and issue a certificate of its healthiness or rejection of faulty PPEs and contractor has to ensure that all faulty PPEs and all faulty lifting tools and tackles should be destroyed in the presence of EMPLOYER construction staff. Contractor has to ensure that each gang be safety audited at least once in two months. During safety audit by the contractor, Safety officer’s feedback from EMPLOYER concerned shall be taken and recorded. The Employer’s site officials shall also conduct safety audit at their own from time to time when construction activities are under progress. Apart from above, the Employer may also conduct surveillance safety audits. The Employer may take action against the person / persons as deemed fit under various statutory acts/provisions under the Contract for any violation of safety norms / safety standards. 21. THAT the Contractor shall develop and display Safety Posters of construction activity at site and also at camp where workers are generally residing. 22. THAT the Contractor shall ensure to provide potable and safe drinking water for workers at site / at camp. 23. THAT the Contractor shall do health check up of all workers from competent agencies and reports will be submitted to Engineer In-Charge within fifteen (15) days of health check up of workers as per statutory requirement. 24. THAT the Contractor shall submit information alongwith documentary evidences in regard to compliance to various statutory requirements as applicable which are enclosed at Annexure – 10A (SP). The Contractor shall also submit details of Insurance Policies taken by the Contractor for insurance coverage against accident for all employees are enclosed at Annexure – 10B (SP). Section IX. Contract Forms 9-155 25. THAT a check-list in respect of aforesaid enclosures alongwith the Contractor’s remarks, wherever required, is attached as Annexure – Check List herewith. THE CONTRACTOR shall incorporate modifications/changes in this ‘Safety Plan’ necessitated on the basis of review/comments of the Engineer In-Charge/Project Manager within fourteen (14) days of receipt of review/comments and on final approval of the Engineer In-Charge/Project Manager of this ‘Safety Plan’, the Contractor shall execute the works under the Contract as per approved ‘Safety Plan’. Further, the Contractor has also noted that the first progressive payment towards Services Contract shall be made on submission of ‘Safety Plan’ alongwith all requisite documents and approval of the same by the Engineer In-Charge/Project Manager. IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorised representative under the common seal of the Company, the day, month and year first above mentioned. For and on behalf of M/s..........………........................ WITNESS 1. Signature........................ Signature........................ Name............................... Name............................... Address........................... Address........................... 2. Signature........................ Authorised representative Name............................... (Common Seal) Address........................... (In case of Company) Note: All the annexure referred to in this “Safety Plan“are required to be enclosed by the contractor as per the attached “Check List “ 1. Safety Plan is to be executed by the authorised person and (i) in case of contracting Company under common seal of the Company or (ii) having the power of attorney issued under common seal of the company with authority to execute such contract documents etc., (iii) In case of (ii), the original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to this Safety Plan. Section IX. Contract Forms 9-156 2. For all safety monitoring/ documentation, Engineer In-charge / Regional In-charge of safety at RHQ will be the nodal Officers for communication. Section IX. Contract Forms 9-157 CHECK LIST FOR SEFETY PLAN S. N. Details of Enclosure Status Remarks of Submission of information/ documents 1. Annexure – 1A (SP) Yes/No Safe work procedure for each activity i.e. foundation works including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. to be executed at site. 2. Annexure – 1B (SP) Yes/No Manpower deployment plan, activity wise foundation works including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. 3. Annexure – 2 (SP) Yes/No List of Lifting Machines i.e. Crane, Hoist, Triffor, Chain Pulley Blocks etc. and Lifting Tools and Tackles i.e. D shackle, Pulleys, come along clamps, wire rope slings etc. and all types of ropes i.e. Wire ropes, Poly propylene Rope etc. used for lifting purposes along with test certificates. 4. Annexure – 3 (SP) Yes/No List of Personal Protective Equipment (PPE), activity wise including the following along with test certificate of each as applicable: 1. Industrial Safety Helmet to all workmen at site. (EN 397 / IS 2925) with chin strap and back stay arrangement. 2. Safety shoes without steel toe to all ground level workers and canvas shoes for workers working on tower. 3. Rubber Gum Boot to workers working in rainy season / concreting job. 4. Twin lanyard Full Body Safety harness with shock absorber and leg strap arrangement Section IX. Contract Forms 9-158 S. N. Details of Enclosure Status Remarks of Submission of information/ documents for all workers working at height for more than three meters. Safety Harness should be with attachments of light weight such as of aluminium alloy etc. and having a feature of automatic locking arrangement of snap hook and comply with EN 361 / IS 3521 standards. 5. Mobile fall arrestors for safety of workers during their ascending / descending from tower / on tower. EN 353 -2 (Guided type fall arresters on a flexible anchorage line.) 6. Retractable type fall arrestor (EN360: 2002) for ascending / descending on suspension insulator string etc. 7. Providing of good quality cotton hand gloves / leather hand gloves for workers engaged in handling of tower parts or as per requirement at site. 8. Electrical Resistance hand gloves to workers for handling electrical equipment / Electrical connections. IS : 4770 9. Dust masks to workers handling cement as per requirement. 10. Face shield for welder and Grinders. IS : 1179 / IS : 2553 11. Other PPEs, if any, as per requirement etc. 5. Annexure – 4 (SP) Yes/No List of Earthing Equipment / Earthing devices with Earthing lead conforming to IECs for earthing equipments are – (855, 1230, 1235 etc.) gang wise for stringing activity/as per requirement 6. Annexure – 5A (SP) Yes/No List of Qualified Safety Officer(s) alongwith their contact details 7. Annexure – 5B (SP) Yes/No Details of Explosive Operator (if required), Safety officer / Safety supervisor for every erection / stinging gang, any other person nominated for safety, list of personnel trained in First Aid as well as brief information about safety set up by the Section IX. Contract Forms 9-159 S. N. Details of Enclosure Status Remarks of Submission of information/ documents Contractor alongwith copy of organisation of the Contractor in regard to safety 8. Annexure – 6 (SP) Copy of Safety Policy/ Safety Document of the Yes/No Contractor’s company 9. Annexure – 7 (SP) Yes/No ‘Emergency Preparedness Plan’ for different incidences i.e. Fall from height, Electrocution, Sun Stroke, Collapse of pit, Collapse of Tower, Snake bite, Fire in camp / Store, Flood, Storm, Earthquake, Militancy etc. while carrying out different activities under execution i.e. foundation works including civil works, erection, stringing (as applicable), testing & commissioning, disposal of materials at site / store etc. 10. Annexure – 8 (SP) Yes/No Safety Audit Check Lists ( Formats to be enclosed) 11. Annexure – 9 (SP) Yes/No Copy of the module of Safety Training Programs on Safety, Health and Environment, safe execution of different activities of works for Contractor’s own employees on regular basis and sub contractor employees. 12. Annexure – 10A (SP) Information alongwith documentary evidences in regard to the Contractor’s compliance to various statutory requirements including the following: (i) Electricity Act 2003 Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (ii) Factories Act 1948 Yes/No Section IX. Contract Forms 9-160 S. N. Details of Enclosure Status Remarks of Submission of information/ documents _______________________________________ [Name of Documentary evidence in support of compliance] (iii) Building & other construction workers (Regulation Yes/No of Employment and Conditions of Services Act and Central Act 1996) and Welfare Cess Act 1996 with Rules. _______________________________________ [Name of Documentary evidence in support of compliance] (iv) Workmen Compensation Act 1923 and Rules. Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (v) Public Insurance Liabilities Act 1991 and Rules. Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (vi) Indian Explosive Act 1948 and Rules. Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (vii) Indian Petroleum Act 1934 and Rules. Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (viii) License under the contract Labour (Regulation & Yes/No Abolition) Act 1970 and Rules. _______________________________________ [Name of Documentary evidence in support of compliance] (ix) Indian Electricity Rule 1956 and amendments if Yes/No Section IX. Contract Forms 9-161 S. N. Details of Enclosure Status Remarks of Submission of information/ documents any, from time to time. _______________________________________ [Name of Documentary evidence in support of compliance] (x) The Environment (Protection) Act 1986 and Yes/No Rules. _______________________________________ [Name of Documentary evidence in support of compliance] (xi) Child Labour (Prohibition & Regulation) Act 1986. Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (xii) National Building Code of India 2005 (NBC 2005). Yes/No _______________________________________ [Name of Documentary evidence in support of compliance] (xiii) Indian standards for construction of Low/ Medium/ Yes/No High/ Extra High Voltage Transmission Line _______________________________________ [Name of Documentary evidence in support of compliance] (iv) Any other statutory requirement(s) Yes/No [please specify] _______________________________________ [Name of Documentary evidence in support of compliance] 13. Annexure – 10B (SP) Details of Insurance Policies alongwith documentary evidences taken by the Contractor for the insurance coverage against accident for all employees as below: Section IX. Contract Forms 9-162 S. N. Details of Enclosure Status Remarks of Submission of information/ documents (i) Under Workmen Compensation Act 1923 and Yes/No Rules. _______________________________________ [Name of Documentary evidence in support of insurance taken] (ii) Public Insurance Liabilities Act 1991 Yes/No _______________________________________ [Name of Documentary evidence in support of insurance taken] (iii) Any Other Insurance Policies Yes/No _______________________________________ [Name of Documentary evidence in support of insurance taken] ____ EMPLOYER ANNEXURE 19 CHECKLIST FOR INSPECTION OF TRANSMISSION/DISTRIBUTION LINES AND SUBSTATIONS TRANSMISSION LINES NON-SHUT SHUT DEFECT MONTH DOWN DOWN DATE A. FOUNDATION A1 Soil erosion/uneven settlement A2 Any crack/damage to foundation A3 Any crack/damage to retaining wall/revetment A4 Missing/Damage/Earthwire/Strip A5 Earth Cutting from vicinity of foundation B. TOWER B1 Damaged/Missing Member BWL B2 Damaged/Missing Member AWL B3 Damaged/Missing nuts &bolts BWL B4 Damaged/Missing nuts &bolts AWL B5 Danger plate missing B6 Number plate missing B7 Phase plate missing B8 Protective coating disappeared B9 Step bolts missing B 10 Foreign material on Tower viz birds nest C. HARDWARE FITTINGS & INSULATORS C1 Surface pollution C2 Unusual deflection of string C3 Flash over/Burning mark C4 No. of fitting damage C5 No. of disc damage D. CONDUCTOR AND EARTHWIRE D1 Strands cut and open D2 Loose jumpers of conductor D3 Hanging earthwire D4 Dislocated/Loose VD of conductor D5 Missing VD of Conductor D6 Dislocated/Loose VD of earthwire D7 Missing VD of earthwire D8 Spacers Missing D9 Spacers Dislocated/Loose D 10 Jumper/Hard Spacer missing TRANSMISSION LINES NON-SHUT SHUT DEFECT MONTH DOWN DOWN DATE D 11 Jumper/Hard spacer loose/dislocated D 12 Copper bonds missing D 13 Copper bonds dislocated E. ELECTRICAL CLEARANCE E1 Details of trees causing/may cause problems E2 Infringement in clearance of bottom conductors to ground E3 Infringement in clearance of earthwire to conductor E4 Any new construction seen within the line E5 Well blasting below the line Patrolling done by Signature Counter Signature by Line Section I/C 1) Comments with signature of Line Section In-charge Date SUB-STATION SL. ACTIVITY TEST RESULTS TO S/D PERIOD NO BE APPROVED BY 1 AC PLANT 1.1 AHU 1.2 Compressors 1.3 Condenser Unit 1.4 Cooling Towers 1.5 Electrical Motor 1.6 LT Panels 1.7 Water Treatment 2 BATTERY SYSTEMS 3 BUSBARS 4 CAPACITANCE VOLTAGE TRANSFORMER 5 CIRCUIT BREAKERS 5.1 Air Blast CB 5.2 CB Operation 5.3 Control Cabinet 5.4 Measurement 5.5 SF6 CB SUB-STATION SL. ACTIVITY TEST RESULTS TO S/D PERIOD NO BE APPROVED BY 6 CURRENT TRANSFORMER 7 DG SET 8 FIRE PROTECTION 8.1 Compressor 8.2 Deluge System 8.3 Diesel Engine 8.4 Electrical Panel 8.5 Fire Alarm System 8.6 Fire Extinguish 8.7 General 8.8 Hydrant System 8.9 Jockey Pump 8.10 Motors 8.11 Pumps 8.12 Strainers 9 ISOLATORS & E/S 9.1 Earth Switch 9.2 Main Contacts 9.3 Marshalling Box 9.4 Operating mech. 10 LIGHTNING ARRESTORS 11 CT SW. GEARS (ACDB) 12 PLCC SYSTEM 13 PROTECTION SYSTEMS 14 SHUNT REACTORS 15 TELEPHONE EXCHANGE 16 WAVE TRAPS ANNEXURE-20 TABLE OF CONTENT FOR INITIAL ENVIRONMENT ASSESSMENT REPORT (IEAR) FOR SUB PROJECT Section - I: Project Description: Brief description of the background, objective of the project, resultant benefit and scope of the work Section – II: Base line data: Description of the relevant physical, physiographical, and socio- economic condition of the project area including description of natural resources base like forest resources or any other environment sensitive areas like National Park sanctuary etc. along with description of climatic condition, population and other demographic features of the project area. Section -III: Policy, Legal and Regulatory framework: Description of the policy, Legal and Regulatory framework applicable to transmission project and the environmental requirement under which environment assessment has been carried out. Section – IV: DPN Approach for Route Selection: Brief description of the environmental criteria for selection of route and sub-station(if applicable) description of alternative studies made for proposed route of transmission line including systematic analysis of different alternative studied with reference to particular environmental & social parameters like involvement of forest, protected areas, significant economic benefit associated with the project and without the project etc. and reason for selection of proposed route. Section – V: Screening of potential Environmental impact, evaluation and mitigation measures: Description of the criteria for identification of potential impact due to project location, construction and operation on the environment (clearing of forest/vegetation) public health, landscape etc. its extent magnitude, duration and significance. The section will also list different measures like design modification, variation in alignment compensation etc. to either completely avoid or to mitigate such impact to the extent possible. Section also details out process of public consultation for the given project and peoples reaction/suggestion if any and a conclusion regarding further studies required for selected impacts if any. Section – VI: Monitoring and organization support structure: Describing of the monitoring plan reporting pattern/frequency, cost estimate, external monitoring requirement/timing for potential environment & social issues with detailed Environment Management Plan (EMP) and proposed organization support structure for the same including training needs if so felt. Enclosures: 1) Original Topo map (SOI) with alternative route marked 2) Public Consultation details like list of participants, photos etc. 3) Any other supporting documents. ANNEXURE -21 TABLE OF CONTENT FOR COMPENSATION PLAN FOR TEMPORARY DAMAGES (CPTD) FOR SUB PROJECT Section - I: Project Description: Brief description of the background, benefits of the project, objective of compensation plan. Section – II: Project Impacts : Minimization of impacts, description of alternative studies made for proposed route of transmission line including systematic analysis of different alternative studied with reference to particular environmental & social parameters like involvement of forest, protected areas, significant economic benefit associated with the project and without the project etc. and reason for selection of proposed route, analysis of impacts . Section – III: Socio-economic and Environmental Analysis for CPTD: Description of the physical, physiographical, socio-economic condition of the project area including other demographic features of the project area, Preliminary Social assessment, Impact due to project location and design and Critical social review criteria Section -IV: Compensation Framework: Description of compensation plan, Procedure for tree/crops/land compensation. Section – V: Stakeholders Participation & Compensation: Public Consultation during Preliminary Survey and peoples reaction/suggestion if any, Plan for further consultation during implementation Section – VI: Institutional Arrangements for Implementation and Monitoring: Describing the implementation schedule, Grievances Redressal Mechanism, Disclosure, Evaluation and monitoring plan. Budget provision for compensation ANNEXURE-22 TABLE OF CONTENT FOR FINAL ENVIRONMENT ASSESSMENT REPORT (FEAR) FOR TRANSMISSION AND DISTRIBUTION PROJECT Section - I: Project Description: Brief description of the background, objective of the project, resultant benefit and scope of the work Section – II: Base line data: Description of the relevant physical, physiographical, and socio- economic condition of the project area including description of natural resources base like forest resources or any other environment sensitive areas like National Park sanctuary etc. along with description of climatic condition, population and other demographic features of the project area. Section -III: Policy, Legal and Regulatory framework: Description of the policy, Legal and Regulatory framework applicable to transmission project and the environmental requirement under which environment assessment has been carried out. Section – IV: Major Features of Final Route & Environment Impact: Brief description of the environmental criteria for selection of route and major features of final route alignment , details of forest involvement including number of trees and species of the trees likely to be effected. The details of forest clearance and environmental impact matrix describing in brief the extent of impact of transmission line. Section – V: Potential Environmental Impact, Evaluation and its Management: Description of the measures adopted and under implementation for identified impact due to project location, design, construction, O&M details of public consultation and its documentation, details of contractual conditions regarding safeguard issues under scope of contract for compliance and conclusion listing the category of the project based on the impact and analysis. Section – VI: Monitoring and Organization Support Structure: Description of the monitoring plan, reporting pattern/frequency, external monitoring requirement/timing for potential environment & social issues with compliance status of Environment Management Plan (EMP) and organization support structure. Enclosures: 1) Original Topo / GIS map with Final route marked 2) Public Consultation details like list of participants, photos etc. 3) Copy of Forest proposal and Compensatory Afforstation plan. 4) Forest approval letters 5) Tree, crop & tower footing compensation details 6) Contract conditions regarding safeguard issues. 7) Budget/Expenditure 8) Compliance details of safety checklist/measures ANNEXURE-22 DPN’S PUBLIC CONSULTATION PROCESS Public consultation forms an integral part of DPN’s project cycle, and will be carried out in local language for wider/better understanding. The process of consultation and its documentation shall be as follows: TRANSMISSION LINES 1. When planning a transmission line, public consultation is used as an integral tool for screening, assessment and finalisation of route alignment. During initial screening and walkover survey, DPN's staffs meet the public in the route of proposed transmission line. Observations and problems arising from these discussions are given due consideration while finalising the route. 2. During the survey for tower spotting, DPN’s site officials meet the public i.e. people coming in the route of the line. This enables DPN to gauge public opinion. At the time of construction, every individual on whose land a tower is to be erected is met with. People coming in the way of the ROW are consulted and their views and suggestions are incorporated thus allowing for public participation. 3. During construction DPN pays the compensation for any damages to each land owner and obtains their final acknowledgement. 4. During maintenance, DPN consults the individual landowners, obtains their approval and pays compensation for any damage to property. Substations: 1. DPN identifies locations of the substation. If it is private/panchayat land DPN shall request GoN for acquisition for their purpose after selecting suitable one as per RFCTLARRA, 2013. Preliminary Social Assessment shall be done by DPN as per funding agency requirement and public views shall be recorded too, till this point. 2. Further processing shall be done by concerned dept. of GoN as per RFCTLARRA, 2013and after acquisition GoN will give possession to DPN. In order to further streamline the consultation process for transmission/distribution line and to facilitate documentation of the same, the followings aspects may be shared during public discussion:  complete project plan (i.e. its route and terminating point and substations, if any, in between  design standards in relation to approved international standards;  health impacts in relation to EMF;  measures taken to avoid public utilities such as school, hospitals, etc.;  other impacts associated with TL/DL and DPN’s approach to minimising and solving them; DPN shall practise to use one or more of the following consultation techniques at various stages. These include: (1) Public meetings: DPN will hold public meetings during its EAMP process at appropriate locations along the length of the transmission line. Public meetings will include one to one meetings with land owners during transmission tower spotting. Larger group meetings will be organised at strategic distances along the length of the transmission line. These will consist of all or at least most of the people to be directly affected by the concerned project and their local Gram Panchayat leaders. (2) Informal small group meetings: Informal small group meetings will be conducted during walkover survey to find out local environmental and social issues along the proposed transmission line route. These meetings will be conducted by Site staff at appropriate intervals. (3) Information brochures and Pamphlets: DPN will make available information and project specific details to the public through Information brochures and Pamphlets. These brochures and pamphlets will contain information on: the overall project plan; design and construction standards; prudent deviations from design standards from transmission towers near schools, hospitals, human habitation; potential impacts and generic mitigation measures; resettlement and rehabilitation; and, compensation. (4) Operating field offices: Information regarding the proposed transmission line can be accessed by the public from operating field offices. Information will be provided through brochures and pamphlets and any further queries will be responded by DPN’s staff. (5) Local planning visits and site visits: DPN staff will visit field sites. During this time informal contacts will be established with the local people. Reactions of the public to the project will be informally gauged. (6) Response to public Enquires: Circle office will respond to public enquiries by post or through notices in local news papers. (7) Press release inviting comments: DPN will publish details of proposed transmission routes in two local newspapers. Public will be invited to comment in writing or by meeting concerned DPN officials within a specified period. DPN will then incorporate relevant objections and suggestions. (8) Project coordination committees: DPN will set up grievance redressal committees to address the complaints and objections that PAP’s may have regarding the project, its impacts or mitigation measures. (9) Ombudsman or representative: For building a consensus on the project its impacts and mitigation measures, the PAPs will be encouraged to elect or appoint a trusted ombudsman or representative. (10) Public Displays: DPN will show their model projects to public/small representative groups. DOCUMENTATION The proceedings of the above consultation shall be documented. Details recorded will include date of the meeting, venue, number and possibly the names of the people attended, issues discussed and the outcome of the meeting. The manager at Circle office/site will apply combinations of the appropriate techniques at various activities of a project depending upon the field conditions as shown below: Milestones Process Techniques 1. Environmental &  Screen &scope TL/DLs from an Informal small group meetings, social screening & environmental and social perspective local planning visits and site visits scoping for TL/DL - spot verification 2. Environmental &  Screen &scope SS from an Informal small group meetings, social screening & environmental and social perspective Local planning visits and site visits scoping for SS - spot verification 3. EAMP  TL/DLs & SS Public meetings, Press release - undertake environmental review inviting comments and formulate appropriate management measures 4. CPTD  TL Informal small group meetings, - negotiate compensation packages with local planning visits and site visits, revenue authorities and Affected Response to public enquiries person (APs) - finalise and document compensation and other management measures 5. Execution of  Execute environmental management Information brochures and Environmental works pamphlets, Operating field offices, management works - Appropriate clearance for Response to public enquiries Transmission line ROW, etc. - compensatory afforestation Milestones Process Techniques 6. Execution of Social  TL Information brochures and management works - pay compensation as agreed and pamphlets, Operating field offices, documented in CPTD and execute Response to public enquiries other measures Information brochures and  SS pamphlets, Operating field offices, - deposit compensation and take Response to public enquiries possession of land - 7. Environmental and  Monitor EAMP measures Information brochures and Social monitoring - maintenance of ROW pamphlets, Operating field offices, - progress on compensatory Response to public enquiries afforestation  Monitor CPTD measures Informal small group meetings - appropriate compensation and other measures during maintenance of towers and lines