Lok Sabha Question No. 5216 (UNSTARRED), answered on 2022-04-04
Subject: Tribal Removed in Odisha
Ministry: TRIBAL AFFAIRS
Asked by: Chandrani Murmu

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 5216

TO BE ANSWERED ON- 04/04/2022

## TRIBAL REMOVED IN ODISHA

## 5216.  MS. CHANDRANI MURMU:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the number of tribal settlement that have been removed to pave way for mining;
- (b) whether the Government made any assessment of the area of tribal land acquired for mining in the last twenty years in the country and particularly in Odisha and the people displaced;
- (c) the details of the percentage of tribal land taken away for mining in Odisha;
- (d) whether the Government has been able to resettle the displaced population adequately; and
- (e) the details of resettlement policy of tribal population and the monitoring mechanism thereof?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI BISHWESWAR TUDU)

- (a) to (d): As per the information provided by Ministry of Mines, the State Governments are the owners of the  minerals  located  within  their  respective  boundaries  and  mineral  concessions  are  granted  by  the  State Governments as per the provisions of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957.   Therefore, information regarding tribal settlement that have been removed to pave way for mining is not maintained by the Central Government.  Department of Land Resources (DoLR) has also informed that it does  not  centrally  maintain  the  statistics  relating  to  land  acquisition  and  resettlement  by  various  State Governments and Central Ministries including due to mining in tribal areas.

As per the information provided by the Government of Odisha, the details of tribal families displaced for mining in the last 10 years is given as under.

|   Sl. No. | Name of the District   | Name of the Project                         |   No. of ST family displaced in last 10 years |
|-----------|------------------------|---------------------------------------------|-----------------------------------------------|
|         1 | Jharsuguda             | Mahanadi Coalfields Limited, IB Valley Area |                                           123 |
|         1 | Jharsuguda             | Mahanadi Coalfields Limited, Lakhanpur Area |                                           406 |
|         2 | Angul                  | Balaram                                     |                                            93 |
|         2 | Angul                  | Kaniha                                      |                                            35 |

|    |            | Ananta                                 |   4 |
|----|------------|----------------------------------------|-----|
|    |            | Bharatpur                              |  10 |
|    |            | Bhubaneswari                           |  37 |
| 3. | Sundergarh | Dulunga Coal Mining project of NTPC    | 173 |
| 3. | Sundergarh | Manoharpur Coal Mining Project of OPCL | 183 |

Government of Odisha has also informed that they have resettled the displaced population as per Orissa R & R Policy, 2006.  The details of assistance provided to displaced families as per Orissa R & R Policy, 2006 is as at Annexure-I .

- (e): Regarding resettlement policy of tribal population and the monitoring mechanism,following inputs have been received from DoLR and Ministry of Mines.
- (i).  DoLR: Land acquisition is undertaken by the Central and State Governments under various Central and State Acts, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and  Resettlement  (RFCTLARR)  Act.   The  provisions  of  the  RFCTLARR  Act,  2013  are  implemented  by 'appropriate Government' as defined under Section 3 C of the said Act. The purpose of the RFCTLARR Act, 2013 is to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution; a humane, participative, informed and transparent process for land acquisition with the  least  disturbance  to  the  owners  of  the  land  and  the  other  affected  families  and  provide  just  and  fair compensation to the affected families whose land has been acquired or proposed to be acquired.

The  relevant  provisions  of  the  RFCTLARR  Act,  2013  which  provide  for  monitoring  mechanism  are enumerated below:

- A).  Under  Section  48  of  the  RFCTLARR  Act,  2013,  a  National  Level  Monitoring  Committee  for Rehabilitation  and  Resettlement  has  been  constituted  in  the  DoLR  for  reviewing  and  monitoring  the implementation of rehabilitation and resettlement schemes .
- B). Section 50of the RFCTLARR Act, 2013 provides for establishment of State Monitoring Committee for rehabilitation  and  resettlement  for  reviewing  and  monitoringthe  implementation  of  rehabilitation  and resettlement schemes or plans under this Act.
- C).  By way of safeguards against displacement special provisions have been made for Scheduled Castes and Scheduled Tribes under Sections 41 and 42 of the RFCTLARR Act, 2013 which protect their interests. The RFCTLARR Act, 2013 also lays down procedure and manner of rehabilitation and resettlement.
- (ii).  Ministry of MInes: As per clause (1) of Rule 12(1) Minerals (Other than Atomic and Hydro Carbons Energy Minerals) (MOAHCEM) Concession Rules, 2016, one of the conditions subject to which a mining lease is granted is that the lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced because of the taking up of mining operations.

B). Rule 52 of MOAHCEM Concession Rules, 2016 requires payment of an annual compensation to owner of  surface  rights  for  undertaking  mining  operations  and  Rule  53  of  MOAHCEM  Concession  Rules,  2016 requires  assessment  of  damage,  if  any,  done  to  the  land  by  the  reconnaissance  or  prospecting  or  mining operations and shall determine the amount of compensation payable by the permit holder or licensee or the lessee as the case may be, to the occupier of the surface land. The provisions of MOAHCEM Concession Rules, 2016, including the provisions relating to compensation and rehabilitation, Ministry of Mines have informed, are monitored for compliance by the State Governments who grant the mining lease and therefore, details of the percentage of tribal land taken away for mining is maintained by respective State Governments.

C)  The para 6.12(c) (Welfare of Tribal Communities) of National Mineral Policy, 2019 states that grant of mineral concessions in Scheduled Areas shall be guided by the provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other relevant statutory  acts  protecting  the  interests  of  tribals.   All  relevant  Acts/Rules  related  to  rehabilitation  and resettlement like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement  (RFCTLARR)  Act,  2013,  subsequent  amendments  or  any  other  relevant  acts/rules  shall  be strictly implemented .

Annexure I to  reply  to  Lok  Sabha  Unstarred  Question No. 5216 for answer on 04.04.2022 asked by Ms. Chandrani Murmu, MP regarding ' Tribal Removed in Odisha '.

Each displaced family or affected family have been provided with the following R & R benefits as per Orissa R & R Policy, 2006:-

- i. Employment:Displaced  Families  or  affected  families  (losing  all  agriculture  land)  are eligible; or One Time Cash Assistance in lieu of Employment up to Rs. 9,10,000/-.
- ii. Provision for Homestead Land: - Each displaced family has been given at least 1/10 th of an acre of land free of cost in a settlement habitat or One Time Cash Grant of Rs. 91,000/- in lieu of homestead land other than resettlement habitat.
- iii. House Building  Assistance: -A constructed  house  for  each  of  the  displaced  families  in  the resettlement habitat or One time Assistance of Rs. 2,73,000/- to each of the displaced families.
- iv. Maintenance  Allowance: -  An  allowance  of  Rs.  3,640/  per  Month  per  displaced  family  is being provided on vacation as determined by the Collector concerned.
- v. Assistance for Temporary Shed: - An assistance of Rs. 18,200/- has been provided to each displaced family.
- vi. Transportation Allowance: - Transportation Allowance of Rs.3,640/- or free transportation to the resettlement habitat or their new place of inhabitancy has been provided to each displaced family.

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