Issue Food security cards & Old age pensions

2014 telangana social security download

Telangana government has issued a GO  giving guidelines to identify the beneficiaries and remove ineligible persons/families.

some of the series issues are

1. only one person will be given the old age pension in a family

2. the survey will use the ‘samagra kutumba survey’ data and will be cross checked.

3. ineligibility criteria: land more than 2.5 acres wet/5.0 acre dryland, employees, verification officer’s assessment by estimating the life style of the person,

4. widow pensions only if there is a death certificate of the spouse

5. disability pension only to those who have a SADAREM certificate showing more than 40% disability

 

 

New Land Acquisition Act – Rules for Social Impact Assessments and Consent Provisions Notified (Relative Progressive Rules – Can also be a useful guide for EIA Processes)

New Land Acquisition Act – Rules for Social Impact Assessments and Consent Provisions Notified (Relative Progressive Rules – Can also be a useful guide for EIA Processes)

 

The NDA government – amidst speculations that it is set to dilute important provisions of the new land acquisition act – has recently notified the Rules for two of its most important and progressive sections, those pertaining to the Social Impact Assessments and the Consent provisions. These Rules, notified on 8th Aug 2014 detail out how to implement these two provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is the full and formal name of the new Land Acquisition Act( referred to hereinafter as Act).

Overall, these Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 (Rules hereinafter) provide a relatively progressive framework of implementation.

Provisions for Social Impact Assessment

There are some significant provisions for carrying out the SIA. First and foremost, the Rules require that the SIA be carried out in consultation with the local self-government institutions in the affected area. This provision is also there in Act.

The Rules require the state or the central government to establish a Social Impact Assessment Unit, “an independent organisation which shall be responsible for ensuring that Social Impact Assessments are commissioned and conducted by such person or bodies other than the Requiring Body as per the provisions of the Act”. (Emphasis added). This is a critical provision for maintaining the credibility of the SIA. Here, a lesson seems to have been learnt from the problems with the Environment Impact Assessments (EIA) process, where the project proponent selects, commissions and pays the agency that carries out the EIA. This creates a direct conflict of interest, and it’s not surprising that most EIAs are highly biased towards the project proponent’s interests.

The Rules empower the SIA Unit to formulate the Terms of References for any SIA proposal, list the activities required, decide the size and profile of the team required, and prepare the costs estimates for the same. Then, the Requiring Body (the agency that wants the land) will deposit the money with the Government, and the SIA Unit will select the agency to carry out the assessment from the roster that it maintains.

To further ensure a distance between the Requiring Body and the SIA team, the Rules explicitly state that the Requiring Body shall not be involved in any way in the appointment of the SIA agency, and that it should be ensured that there is no conflict of interest involving the team members of the SIA agency.

The Rules allow the SIA team to include independent practitioners, academics, qualified social activists, and mandate the inclusion of at least one woman member.

The SIA Unit is also tasked with building and “continuously expand a Database of Qualified Social Impact Assessment Resource Partners and Practitioners”, “conduct training and capacity building programmes for the Social Impact Assessment team and community surveyors”, and “continuously review, evaluate and strengthen the quality of Social Impact Assessments and the capacities available to conduct them”.

Apart from giving a detailed list of the aspects that the SIA must cover, which include all direct and indirect impacts, the Rules also require the SIA to “assess the viability of impact mitigation”. This is critical because often, the mitigation measures are just listed out as a lip service and the project cleared on this basis, but the affected people suffer because it is practically impossible to carry out the measure effectively particularly when the displacement involves large numbers.

In this context, it is also important that the Rules require the SIA to “provide an assessment as to whether the benefits from the proposed project exceed the social costs and adverse social impacts that are likely to be experienced by the affected families or even after the proposed mitigation measures, the affected families remained at risk of being economically or socially worse, as a result of the said land acquisition and resettlement”.

There are several other important provisions including the time period for the SIA (six months), recording the views of the affected families in writing, involving local voluntary organisations and media in the public hearings, recording and considering in the SIA every objection raised in the public hearings, the SIA and public hearings to be in local language and a web-based flow management information system of the acquisition process.

The Consent Provision

The Consent related Rules specify that the Consent process shall be carried out by the Government, through the District Collector. The consent would be obtained (where required by the Act) at two levels – the Gram Sabha level and for the private and public-private partnership projects, at the individual land owner levels.

For getting the consent from the Gram Sabha, the quorum requirements not only ask for 50% of the total members to be present, but also require that one third of total women members also to be present.

The Rules specify that negotiated terms for rehabilitation, compensation, impact management and mitigation which the Requiring Body has agreed to, shall form a part and parcel of the Consent Agreements. This means that the Consent is given only against these commitments.

It also declares that any attempt to coerce or threaten anyone into giving consent shall be treated as a criminal offence, and most important, if any such threat has been made, the consent so given shall be void.

Two Caveats

Of course, these Rules cannot and do not transcend the fundamental problems with the original Act itself (see here  for a detailed account of these), but within that limitation, provide a much better process than has been available earlier for project affected people.

Second, it’s a question as to whether and how long these Rules will survive, as the very provisions that these Rules help actualise are the ones that the Central Government seems to want to do away with. However, till such an eventuality, these Rules will be the ones that will provide the framework for implementation of the Act.

A Lesson for the MoEF

All in all, even with several limitations, these Rules provide a process of SIA that is miles ahead of all earlier processes. Indeed, at this time, the Ministry of Environment and Forest is examining all the environment protection laws, and it could do well to adapt all these provisions of the SIA for the EIA process too.

22 September 2014

The Rules can be downloaded from http://dolr.nic.in/dolr/downloads/pdfs/RFCTLARR%20%28SIA%20and%20Consent%29%20Rules%202014.pdf

Telangana Government GO on Crop Loan Waiver

140813 Loan Waiver GO telangana

The eligible amount for debt waiver would be limited to the amount of loan (together with applicable interest), which is disbursed and outstanding as of 31st of March, 2014 or Rs.1,00,000 per farmer family whichever is lower. The farmer family is defined as head of the family, spouse and dependent children.
The following loans/accounts shall not be eligible under the Crop Loan Waiver Scheme.
a) Advances against pledge or hypothecation of agriculture produce other than standing crop
b) Tied loans
c) Closed crop loan accounts
Short term production loan means a loan given in connection with the raising of crops which is to be repaid within 18 months. It will include working capital loan, for traditional and non-traditional plantation and horticulture.

Implementation Guidelines of the Scheme
a) Preparation of list of farmers with outstanding crop loan dues and arriving at the amount of claim

i) Each lending institution – bank branch – which has disbursed short term crop loans to farmers shall prepare village-wise list of farmers with outstanding crop loan dues as on March 31, 2014 in the prescribed format (Annexure-A).

ii) Each lending institution, shall also prepare a village-wise list of farmers who have outstanding dues as on March 31, 2014 in respect of crop loans taken against gold in the prescribed format (Annexure-B).

iii) The list of farmers in Annexure-A and Annexure-B should be compared by the Bank Branch Manager and a final list of farmers who have outstanding crop loan and limited to a maximum extent of Rs.1.00 lakh should be prepared by the Bank Branch Manager in the format designed in Annexure-C. One copy of Annexure-A, B, C should be sent by the Bank Branch Manager each to LDM and District Collector.

iv) Some of the farmers might have taken crop loan/agriculture gold loan for crops from more than one bank branch of same bank or another bank. Hence, for eliminating the duplication/multiple financing and restricting the benefit of loan waiver of Rs.1.00 lakh per farmer family, a Bankers meeting at Mandal level will be convened by the JMLBC (Joint Mandal Level Bankers Committee) Convener. At the JMLBC meeting all the Banks will come with the lists of eligible farmers prepared in the proforma as in Annexure-A, B & C prescribed by the Government, and compare the list of farmers in Annexure- C with Annexure- C list of other bank branches in the mandal belonging to all the other banks (commercial, rural, cooperative). The mandal Tahsildar will also check all names in Annexure- C of all banks in the mandal and will verify if there are any fake pattadar pass books and also if all loanees have farm land. After this verification any false claims will be deleted. Then the farmer family who have availed loans from more than one bank branch will be identified by the JLMBC members. Their details will be recorded by the JLMBC in Annexure- D. The Co-op. Dept. auditors under the supervision of District Co-op. Audit Officer shall cross verify the A, B, C with D list pertaining to PACs and DCCBs. The DCAO shall allot the auditors to Mandals under his jurisdiction under intimation to the District Collector. A senior officer not below the rank of Deputy Collector and nominated by the District Collector will be the observer for this meeting. The Annexure-D thus prepared in JLMBC will be shared by all bank branches at the mandal level.

v) After comparing and deleting farmer family who have taken loan in more than one bank branch (Comparing Annexure C and D) each bank will prepare Annexure-E. It is to be noted that if a farmer family has multiple accounts but overall outstanding for crop loan is less than Rs.1.00 lakh, then their name will not be deleted. In case outstanding crop loan is more than Rs.1.00 lakh, then the name will be retained in the bank where the farmer family first availed the crop loan or where the outstanding amount is higher, the latter being the first priority. Annexure-E will be the final list of farmers bank branch wise who will be eligible for loan waiver.

vi) Annexure-E will be exhibited village wise and social audit conducted by a team consisting of MPDO, Tahsildar, AR (SDLCO)/Sl.& Branch Manager or his representative. After conduct of social audit and finalization of all objections received the final list of farmers bank branch wise will be prepared in Annexure-E (final). After the social audit and after taking into account the objections of villages, if any, a final village-wise list of eligible farmers along with the amount eligible for waiver shall be prepared Annexure ‘E’ and displayed at all bank branches after due authentication. The final list shall be sent to the LDM and the District Collector in Annexure-E.

vii) A District Level Bankers’ meeting will be convened (DCC) by the LDM and district details of loan waiver bank wise, farmer wise will be recorded and sent to SLBC in Annexure-E. SLBC will intimate Bank wise, Branch wise farmers eligible amounts to be released to the Government in Annexure-E.

b) Claim reimbursement by the Government to the lending institutions
i) The final list shall be consolidated village-wise and district- wise by convening a meeting of the District Level Bankers’ Committee. After consolidating all such lists from the districts, the banks would need to raise a claim with the Government, which would be reimbursed to the banks.

ii) After adjustment of loan waiver amount by the State Government, each branch shall certify the amount of outstanding crop loans waived after duly crediting the amounts in the crop loan accounts of farmers. Before crediting the amount, an undertaking should be taken from the farmer in that he shall repay the amount of waiver if it is found subsequently that he/she has fraudulently obtained the crop loan or is found not eligible for crop loan waiver under the Scheme. A certificate of loan waiver in Annexure ‘F’ shall also be issued by the bank branch to each farmer, whose outstanding loan has been waived. The amount of loan waiver shall be consolidated bank-wise for the entire State.

iii) A meeting of the JMLBC shall be convened within one month of the completion of procedures laid down in i) and ii) above.

Audit

After the completion of procedures in i) and ii) above, the auditors of the Cooperation Department shall take up the audit of Primary Agricultural Cooperative Societies to ensure accuracy of the waiver amounts and shall submit the audit report to the Chief Auditor. The books of accounts of every lending institution that has granted crop loan waiver shall be subject to an audit in accordance with the usual procedure prescribed by RBI / NABARD. The audit may be conducted by concurrent auditors, statutory auditors or special auditors.
Obligations of lending institutions

Every lending institution shall be responsible for the correctness and integrity of the list of farmers eligible under the scheme and the particulars of crop loan waiver in respect of each farmer. Every document maintained, every list prepared and ever certificate issued by a lending institution for the purpose of the scheme shall bear the signature of an authorised officer of the lending institution.

Monitoring and Grievance Redressal

There will also be a suitable monitoring and grievance redressal mechanism established at Mandal, District and State levels and every representation has to be disposed off within 30 days. Detailed orders in this regard would be issued separately.

Fresh Lending and agriculture campaign

Since the eligibility for loan waiver is decided based on the outstanding crop loan as on March 31, 2014, along with the interest on it computed up to the date of implementation to be notified by the State Government, and the liability will be taken over by the State Government. All the bankers should commence fresh lending of crop loans immediately. For clarity, it is reiterated that the eligible loan amount as computed by following the prescribed procedure shall be reimbursed irrespective of its renewal subsequent to 31-03-2014.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

POONAM MALAKONDAIAH,
APC & PRINCIPAL SECRETARY TO GOVERNMENT.

To
The Commissioner & Director of Agriculture,
Government of Telangana, Hyderabad.
Copy to:
The Principal Secretary to Chief Minister.
The P.S. to Hon’ble Minister (Agri & A.H.)
The P.S. to Chief Secretary.
The Finance (EAC) Department.
The Accountant General, Telangana, Hyderabad.
The Pay and Accounts Officer, Telangana, Hyderabad.
SF/SCs.

Memorandum to AP Chief Secretary on Loan Waiver

140622 Chief Secretary Telangana final Download

Rytu Swarajya Vedhika has a submitted a memorandum with the following demands.

  1. As a first measure, the Government must delink the loan waiver proposal from distribution of Kharif loans for the current agricultural season and should immediately take action to disburse crop loans  without delay to all the farmers including Tenant farmers.
  2. While the farming community is in deep crisis due to indebtedness, loan waiver is not a solution to end the crisis. The crisis is still continuing even after the debt waiver and relief extended during 2008.   A comprehensive solution lies in bringing in policy changes related to all aspects of agriculture (Credit, input support, extension and marketing) as well as pursuing the land reforms agenda with renewed vigour to bring about a meaningful change in the agriculture sector to help close to 85% ofsmall and marginal farmersto secure and sustain their livelihoods. . A piecemeal, myopic solution to the problem in the form of loan waivers alone is a grossly inadequate solution to the larger, complex set of problems ailing the farming sector in the State.
  3. Tenant farmers, dalits, tribal and women farmers who received lands under various land distributionschemes do not have access to institutional credit. They are taking loans from private money lenders, input dealers or Microfinance Institutions at a higher interest rate (as high as 60% Rs. 5 per Rs. 100 per month).  These farmers  are in deep crisis and constitute a large chunk of farmers committing suicides. This loan waiver is of no help  to them.
  4. Government should make immediate effort to increase access to institutional credit to real cultivators.  One of the problems often expressed by the bankers in giving crop loans to these farmers is the lack of a guarantee for repayment. The state government should establish a Credit Guarantee Fund for small and marginal farmers which can give collateral security to the tenant farmers.
  5. All the real cultivators who are not covered under institutional credit are to be organised into cooperatives and linked to the institutional credit.  All their high interest private loans can be swapped with low interest bank loans.
  6. Loans of all farmers who have committed suicides since 1997 have to be waived and their private loans be swapped with no interest bank loans.
  7. Government should introduce special budget for agriculture with an allocation of atleast 10% of the total budget.
  8. Government must ensure that the loan waiver does not benefit non-cultivating, absentee land owners who have other major sources of income or livelihood and have taken loans in the name of agriculture. Specific mechanisms must be evolved to identify and eliminate the above categories of landowners from the purview of the loan waiver scheme. Further, steps must be taken to identify the actual cultivators and update the revenue records accordingly. Government must also actively explore mechanisms (e.g. setting up a separate Committee) for evolving a set of criteria to enable eligible farmers benefit from the loan waiver scheme in a meaningful manner.
  9. Government should also take care that the loan waiver does not apply to ineligible loanees through the following measures
    1. Restricting the loan waiver only to crop loans
    2. In case government decides to waive short term and allied sector loans, it should be restricted to small and marginal farmers only (up to 4 ha in rainfed areas, 2 ha in irrigated areas)
    3. Exempting Hyderabad district from the purview of the loan waiver. A thorough enquiry should be conducted and if need be waiver can be extended in the second phase. Pending this, the crop loan waiver up to one lakh for all farmers in the other district should be done immediately.
  10. Government should with stain from any effort to impose additional taxes or issue bonds and transfer the burden on to people or the next government.