Right to Fair Compensation Act
The RFCTLARR (Social Impact Assessment and Consent) Rules, 2014
Chapter II promised a studied, heard, consented acquisition; the RFCTLARR (Social Impact Assessment and Consent) Rules, 2014, notified by the Centre in August 2014, supplied the working drawings: who actually conducts an SIA, how the hearing and the Gram Sabha consent are recorded, and on what forms and timelines the whole season runs. Part K opens with them. This note covers the Rules' machinery at the level the series has relied on throughout.
1. The SIA Machinery
- The SIA Unit: the appropriate Government designates an independent organisation as the Social Impact Assessment Unit, a university, research institution or qualified body, to maintain panels of qualified practitioners and resource partners, so the study is commissioned to standing independent capacity rather than improvised per project.
- The study team: the Unit constitutes a multi-disciplinary SIA team, with social-science and technical competence and local-language capacity, working to terms of reference settled for the project, and barred from conflicts with the requiring body's interest.
- The process spine: commencement notification in the prescribed form; the census and surveys of affected families; the public hearing in the affected area with advance notice, the proceedings recorded and, as prescribed, videographed; the draft report's local-language publication; and submission within the Act's six-month outer clock, the Rules' timetables fitting inside it.
- The Expert Group serviced: the Rules carry the report and its annexures, census, hearing record, the Social Impact Management Plan, to the Section 7 appraisal in usable form, with the Group's own two-month timetable administered under them.
2. The Consent Machinery
- Where consent is taken: for Section 2(2) acquisitions, consent is obtained through the Gram Sabha in rural areas, and through the equivalent bodies or prescribed processes in urban areas, convened meetings on advance notice, not signature drives, with the Rules prescribing quorum and the conduct of the meeting.
- How consent is recorded: by individual, written consent declarations of the affected families, in the prescribed form, executed before the designated officials and witnesses, with the proceedings documented and videographed as prescribed, the evidentiary armour against both fabricated consent and fabricated refusal.
- When: the consent process runs along with the SIA, on disclosed information, and the tally, 80% of affected families for private projects, 70% for PPP, must stand before the preliminary notification issues; consent once given travels with the land, and the Rules govern withdrawal and the treatment of families identified later.
- The certification: the consent record, declarations, proceedings, the computed percentage against the SIA's affected-families list, is certified up the administrative line, and it is this certified record a court examines when a consent acquisition is challenged (Topic 12).
3. Why the Rules Matter Doctrinally
Three points carry the Rules beyond administration. They fix the denominator: consent percentages are computed against the SIA's census of affected families, which is why census completeness, the landless limbs included, is fought at the SIA stage: the list is both the entitlement roll and the electoral roll. They make defects provable: videography, prescribed forms and certified tallies convert "the hearing never happened" and "the consent was manufactured" from oath-against-oath disputes into documentary questions, the design's deliberate litigation-proofing. They are the pattern for the States: State SIA and consent rules, and the State amendments' own procedures where Chapter II survives, work on this template, so the 2014 Rules remain the baseline grammar of participation even where local detail varies, the reason this series has cited them from Topic 12 onward. The fine print, forms, timelines, quorum figures, is checked against the State's current rules in any live matter.
⚠ Key point The 2014 SIA and Consent Rules: an independent SIA Unit empanelling multi-disciplinary teams conducts the study to terms of reference; the hearing and the Gram Sabha consent meetings are noticed, recorded and videographed; consent is by individual written declarations of affected families, tallied against the SIA census and certified before the preliminary notification, the 80% and 70% thresholds computed on that denominator. The Rules make participation provable and are the template State rules follow; the exact forms and figures are checked in the State's current rules. |
4. Related Topics and Provisions
- The SIA chapters (Topics 16 to 21): the statute these Rules operationalise
- The consent requirement (Topic 12): the thresholds' working
- State rules (Topic 102): the local layer beneath
- Rule-making powers (Topic 92): the authority behind the instrument