TABLE OF CONTENTS Executive Summary ........................................................................................................................................... 4 1. Introduction ......................................................................................................................................... 10 1.1. Background................................................................................................................................................ 10 1.2. Assam E&S Baseline ................................................................................................................................ 10 1.3. Program Description ............................................................................................................................... 13 1.4. Program Exclusion ................................................................................................................................... 16 1.4.1. Social ........................................................................................................................................ 16 1.4.2. Environment ............................................................................................................................ 17 1.5. Scope of the ESSA ................................................................................................................................... 17 1.6. ESSA requirements .................................................................................................................................. 18 1.7. Methodology ............................................................................................................................................. 19 2. Description of Environmental and Social IMPACTs of the PROPOSED PROGRAM 21 2.1. Social Risk Screening............................................................................................................................... 22 2.2. Environmental Risk Screening ............................................................................................................... 26 3. Legal and Policy Framework for the Program ............................................................................... 30 3.1. Social Policies, Laws, and Regulations ................................................................................................ 31 3.2. Environmental Policies, Rules, and Regulations ............................................................................... 36 4. Institutional Capacity Assessment.................................................................................................... 41 4.1. National level Regulatory Institutional Systems ................................................................................ 41 4.2. State level Regulatory Institutional Systems ...................................................................................... 42 4.3. Organization and Program Structure .................................................................................................. 44 4.3.1. Institutional Structure for the program............................................................................... 45 4.3.1.2. Contractual Staff ..................................................................................................................... 48 4.3.1.3. Reservation for SC/ST/OBC and Women ............................................................................ 49 4.3.2. Social Management Systems ................................................................................................ 49 4.3.2.1. Land and Livelihood Impacts ............................................................................................... 49 4.3.2.2. Stakeholder/Citizen Engagement ........................................................................................ 50 4.3.2.3. Grievance Redressal System ................................................................................................. 51 4.3.2.4. Employee and Labour Management ................................................................................... 52 Page 1 of 101 4.3.3. Environmental Management Systems ................................................................................. 53 5. Assessment of the Program against Core Principles .................................................................... 57 6. Consultation and Disclosure ............................................................................................................. 62 6.1. Consultations during the ESSA ............................................................................................................. 62 6.2. Stakeholder Workshop on draft ESSA ................................................................................................. 65 6.3. Disclosure requirements ......................................................................................................................... 66 7. Recommendations and Action Plan ................................................................................................. 67 7.1. Findings and Recommendations for the Program............................................................................ 67 7.1.1. Social ........................................................................................................................................ 67 7.1.2. Environment ............................................................................................................................ 68 7.2. Inputs to the Program Implementation Support Plan ..................................................................... 69 7.3. Inputs to the Program Action Plan and Disbursement Linked Indicator .................................... 70 Annexures ......................................................................................................................................................... 72 Annexure 1: Details of Stakeholder Workshop held on March 14, 2023 .......................................... 72 Annexure 2: Relevant labour related legislations ..................................................................................... 75 Annexure 3: Key Statutory Clearances for Construction ......................................................................... 78 Annexure 4: ToRs for Social and Environment Staff to be hired under the Program ...................... 80 Annexure 4: Checklist for E&S Screening of Potential Sites................................................................... 83 Annexure 3: Focused Group Discussion ..................................................................................................... 99 Annexure 6: List of Resources ..................................................................................................................... 101 Page 2 of 101 List of Abbreviations ADB Asian Development Bank AE Assistant Engineer AIIB Asian Infrastructure Investment Bank APWRD Assam State Public Works (Roads) Department BPL Below Poverty Line BIS Bridge Information system CPCB Central Pollution Control Board DLI Disbursement-linked indicator E&S Environmental and Social EE Executive Engineer ePMS Electronic-Project Management System ESMF Environmental and Social Management Framework ESSA Environmental and Social Systems Assessment GoA Government of Assam GoI Government of India GRM Grievance redress mechanism GSDP The Gross State Domestic Product GSVA Gross State Value Added by economic activity IPF Investment Project Financing. IPPF Indigenous Peoples Policy Framework JE Junior Engineer MoEF&CC Ministry of Environment, Forest and Climate Change OPCS Operations Policy and Country Services P for R Program for Results PAD Program Appraisal Document PAN Protected Area Network – Assam PAP Program Action Plan PDO Program Development Objective RPF Resettlement Policy Framework RAMS Roads Asset Management System SC Scheduled Caste SPCB State Pollution Control Boards ST Scheduled Tribe ToR Terms of Reference WB The World Bank Page 3 of 101 EXECUTIVE SUMMARY Objectives and scope: The Environmental and Social System Assessment (ESSA) examined the (a) environmental and social (E&S) effects, including indirect and cumulative effects of activities associated with the Program; (b) borrower’s systems for managing identified E&S effects; (c) comparison of borrower’s systems—laws, regulations, standards, procedures, and implementation performance—against the core principles and key planning elements to identify any significant differences between them that could affect Program performance; and (d) recommended measures to address capacity for and performance on policy issues and specific operational aspects relevant to managing the Program risks. Methodology: The draft ESSA relied on secondary literature review, E&S screening and assessment by external consultants hired by the borrower, field observations, state-level consultation, analysis and synthesis of E&S systems strengths and areas for improvement. Additionally, key informant interviews and focus group discussions were held with various stakeholders to solicit feedback. Stakeholder Consultations: To inform the ESSA, a total of 50 stakeholder and community consultations involving nearly 750 persons were conducted to represent diverse socio-economic considerations and geographical locations. During the consultations, the team interacted with elected representatives, NGOs and community members/ citizens, particularly women and other socially vulnerable groups [Scheduled Tribes (ST)/Scheduled Caste (SC)/ Below Poverty Line (BPL)]. Discussions were also held with technical supervision staff of Assam Public Works Department (APWRD) at the field level [Executive Engineer (EE), Assistant Engineer (AE), and Junior Engineer (JE)], contractors (engaged for implementing existing projects), village panchayat/autonomous council members, including district level administrative and revenue department officials to capture their experience and assess their capacity to manage E&S risks and impacts. Key takeaways from state level stakeholder workshop held with different government agencies, NGOs, staff, contractors and consultants on March 14, 2023 are: • APWRD as a principal employer, must ensure compliance with labour laws. Issues of working women need to be considered, such as equal wages, maternity befits, etc. The contractors should make sure that social benefits reach the labour. • Need for employment opportunities and job security of field staff particularly of low-level employees needs to be considered. • National Green Tribunal has given several directions regarding construction activities such as bridges with regard to pollution of water bodies and rivers, and these need to be complied with by the contractors. Fire safety, safety of workers and community are other issues to be considered during construction. Contractors need to take all the required permissions from PCB. • Non-compliance of environmental, social, and labour regulations by contractors even after they are specifically included in the tender documents. This may be due to absence of requisite environmental and social staff and lack of awareness of legal requirements. • Need for building awareness of labourers, particularly migrant labour on prevention of HIV- Page 4 of 101 AIDS. Those who are of about 40 years of age particularly more vulnerable. • Reliance on existing studies such as the dolphin study conducted by the Assam Inland Water Transport Society (AIWTDS) while conducting ESIA for the bridges. • Need to consider entitlements of owners of already eroded land where the structures will be built and livelihood of country boat operators who may get affected by the construction. • Non usage of bentonite during driving piles for bridge foundations, as this will pollute the water and would also harm aquatic life. • Engaging with local bodies and civil society groups such as Village Defense Parties in every village to build awareness on women safety and security. • E&S monitoring should not be limited to PWRD/ EAP Office but needs to be at the district and field level. • Design considerations such as tree plantations, and footpaths for pedestrian safety in bridges may be considered during the DPR preparation. Disclosure: The draft ESSA was widely shared prior to the stakeholder workshop held on March 14, 2023. The feedback obtained during the workshop was used to further refine and finalize the draft ESSA. The revised/final ESSA report has been disclosed on APWRD website and the World Bank website, on April 25, 2023. Environmental and Social Assessment Regulatory: The legal framework for environmental and social systems is adequate and backed by a set of comprehensive laws, regulations, technical guidelines, and standards, that apply nationwide and to the state of Assam as well. Environment: The Environmental legislation at the national and state level for the conservation and management of the environment and on pollution management are well defined and in place, and so is the institutional structure for the management of the environment. Existing legislation also helps minimize or mitigate possible adverse impacts on natural habitats, archaeological sites, and cultural resources. The MoEF&CC and the pollution control boards (CPCB - Central Pollution Control Board and SPCBs - State Pollution Control Boards) together form the regulatory and administrative core. Other Ministries/Statutory Bodies/Departments responsible for ensuring environmental compliance and granting various clearances includes state ministry /dept. of environment, regional offices of MoEF&CC and state forests/wildlife departments. In order to meet these legal requirements on environmental risk management, the implementing agency, along with their appointed consultants, and contractors have sufficient capacity. The environmental safeguards compliance regulatory framework includes, EIA notification, The EIA Act 1980 and its subsequent amendments; Air, Water and Noise pollution Acts; Wildlife Protection Act 1993; Forest Conservation Act 1980d Rules; C&D Waste Management Rules; Biological Diversity Act 2002 and rules 2004; NGT notification for compensatory afforestation; Hazardous waste management and handling rules 2016; the mines and minerals act 1957. While existing national and state specific regulatory framework on environmental aspects, forest, biodiversity, designated protected areas and pollution control acts & rules provide satisfactory provisions to manage the environmental impacts of the proposed program, the enforcement needs to be further strengthened. In addition to addressing gaps, this Program offers Page 5 of 101 the opportunity to strengthen environmental performance by introducing the international best practices during the project preparation, and implementation stages. Social: Some of the social policies and legislations that were found to be relevant include: Sixth Schedule [Articles 244(2) and 244(A) of the constitution]; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013; National Policy on Tribal Development, 1999; Right to Information Act, 2005; Sexual Harassment of Women at Workplace Prevention, Prohibition, and Redressal Act, 2013; Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998; Inter-State Migrant Workers Act 1979; Minimum Wages Act, 1948; and Child Labour (Prohibition and Regulation) Act 1986, among others. At the state level, the following legislations were found to be relevant: Assam Land and Revenue Regulation, 1886; Direct Purchase Policy for Land Acquisition; and Assam SC/ST Reservation Act, 1978. The laws safeguard the interest of titleholders and non- titleholders (i.e., encroachers and squatters) during private land acquisition, but such entitlements are not extended to non-titleholders residing in public/government owned land under the existing legal framework. All laws and policies to safeguard the welfare, health and safety of workers are in place and adequate. On review of existing bid documents of APWRD, it was noted that mandatory compliance of labour laws is embedded in the contract/bid documents of the contractors and consultants. Further, adequate legislative and regulatory frameworks are in place at the national and the state level to secure the interest of marginalized communities. Provisions are also in place to provide safety, security and legal support to women against gender-based violence, sexual exploitation and abuse in the workplace. Overall, there are no significant gaps in the national and state level regulatory systems vis-à-vis the Bank’s Program that needs to be addressed. As a part of E & S systems improvement and to bridge policy gaps, the Program focuses on developing an Environmental and Social Management Framework (ESMF) and Resettlement Policy Framework (RPF), that will guide the preparation of all the future APWRD investments irrespective of source of funding and aligns with the national/state and Good International Industry Practices (GIIP). Assessment against the PforR core principles: The assessment focused on borrower’s E&S management systems, natural habitats, cultural resources, public and worker safety, land acquisition and livelihoods, and the needs and concerns of vulnerable groups. While the regulatory systems were found to be adequate to manage E&S effects, assessment shows that E&S management systems need to be strengthened by allocating resources, laying down procedures for screening, including tracking performance and reporting on environmental and social development outcomes [Core Principle #1]. Program does not support activities that have an adverse impact on natural habitats, religious or cultural resources and critical physical cultural heritage [Core Principle #2]. Compliance to EHS and labour regulations by contractors engaged in construction will need to be monitored by APWRD. This provides for an opportunity to introduce the international best practices in construction site management, environmental and social safeguards to be included as provisions under the bid document for effective implementation [Core Principle #3]. The review of past practices indicated that land free from encumbrance needs to be provided to the contractor prior to the award of contracts. Further, a resettlement policy framework has been developed by the borrower to address any gaps and lacunas in the current national/state policies [Core Principle #4]. The assessment Page 6 of 101 reveals the need for strengthening existing grievance management systems, strengthen institutional capacities and improved stakeholder participation to avoid disproportionate adverse impacts on tribal populations or other vulnerable groups [Core Principle #5]. Core principle #6 was found to be ‘not applicable’. The gaps identified in the assessments are addressed through the ESSA recommendations. The assessment confirmed overall adequacy and consistency with these core principles. Findings & Recommendations Findings- Environmental: APWRD has been adopting the environmental management systems (including project monitoring & supervision activities) as per the respective program/s under various externally funded projects. However, for bridge works undertaken through internal funds, gaps exist with regards to the environmental management systems when compared to good international industry practices. It is assumed that majority of the bridge works proposed under the program will fall under the Category B2 and will not require an obligatory environmental clearance and environmental impact assessment report as per the existing national regulatory framework. Some of the focus areas requiring strengthening includes identification of key bio-diversity areas as no go zones, implementation of good international industry practices, stakeholder engagement, risk screening for adverse environmental impacts and climate resilience; integration of site specific EMP measures in bridge contracts to be undertaken under the PforR program. For the proposed PforR, APWRD already mobilized a consultancy firm to develop an Environmental and Social Framework (ESMF) and make it a guidance tool for the Program. The ESMF will be supporting the E&S system of APWRD for screening the sub-projects, identify the scope of E&S assessment for sub- projects and guiding the selections of the sub-projects, define the stakeholder engagement and E&S document disclosure methods, preparing ESMPs for inclusion in construction bidding documents, deploying supervising/monitoring consultants during construction and staying compliant with international E&S best practices during operating the bridges. The ESMF will be integrated into the E&S system of APWRD and is expected to be implemented independent from the source of financing (international lending or state/national budget). Findings- Social: The assessment has identified certain gaps, especially on adequacy of social management system and institutional capacity (staff, budget, availability of implementation resources, training, etc.) to carry out defined responsibilities. APWRD does not have full-time staff to manage social risks related to labour, community health and safety, land, and livelihood. Currently, social risks screening and assessments prior to commencement of civil works are only being carried out under externally aided projects. However, under this program, DPR and ESA consultants have been engaged for E&S screening/assessments and preparation of mitigation frameworks and plans for all PforR operations. Clauses on labour standard compliance are integrated in the co ntractors’ contracts/bid documents, however there are no standardized monitoring systems to report on health, safety, and security of workers and communities. Citizen engagement and grievance redressal process also lack adequate resources in terms of staff, budget, documentation, monitoring and training to make it accessible, efficient, and responsive. Program Exclusion: ESSA provides an exclusion criterion to screen high risk activities not consistent with the regulatory frameworks, related to land acquisition resulting in significant loss of land/ Page 7 of 101 livelihoods/ access (35 persons or more), child labor, significant impact on indigenous people and vulnerable, cultural heritage, forced eviction, permanent restrictions on access to resources, and significant adverse impacts and/or falling within critical habitat, including designated protected areas. The likely to be shortlisted sub projects are not in the vicinity of any natural habitats or cultural heritage sites. And no significant, cumulative, induced, and indirect impacts are anticipated due to the proposed sub projects. During the implementation, it will be required to ensure that all such activities remain excluded from the Bank financed program. Inputs to the Program Implementation Support Plan: The following table illustrates the support provided to the borrower in relation to the Program’s E&S aspects during the implementation of the PforR operation: Description Timeline Indicator for completion Headquarter level: Hire social, gender and Within six months of ToRs developed, adequate E&S staff labour specialists for social risk effectiveness deployed at the APWRD headquarter management; Hire environmental (ESMU) and divisional office. safeguard specialist, junior environmental specialist and OHS specialist for environmental management Divisional level: Designate E&S focal persons Enhance capacity of APWRD staff, Yearly Capacity building plan, evidence of consultant and contractors on training conducted, and number of environmental and social risk management persons trained Adopt systems and procedures to screen/ Prior to preparation of Environmental and social screening assess environmental and social risks & bid documents of all template/ ESMF/RPF/IPPF developed, impacts in the PforR operations. proposed investments and mitigation plans (ESMP, RAP, IPDP if required) prepared and included in bid/contract documents of all proposed investments. Strengthen citizen engagement including Within six months of Manpower and financial resources grievance mechanism in terms of effectiveness allocated for enhancing citizen functionality, capacity, outreach and engagement and GRM, external impact, including requirements for evaluation reports on GRM disclosed. reporting and public disclosure of Program related complaints. Adopt strategies to build awareness on Within one year of ToR developed, consultant mobilized safe migration and women safety in the effectiveness for creating a strategic plan, including catchment areas under the program. implementing, and monitoring output, outcome and impact of the plan for three years. Update the existing BIS (Bridge Within one year of Additional manpower allocated to Information systems) as part of the RAMS effectiveness maintain RAMS systems. GIS database (Roads Asset Management System) for used for monitoring and reporting real time monitoring and reporting activities. GIS database updating tasks Page 8 of 101 undertaken on monthly basis to ensure systems remain relevant. Establish system for monitoring E&S Within one year of Standard bid / contract documents system performances in PforR operations.1 effectiveness and bid evaluation include E&S considerations and provision for penalty in case of non-compliance. Standardized monitoring protocols / formats for reporting on quarterly and monthly basis ICT tool for monitoring E&S system established and operational. Inputs to the Program Action Plan: The following table includes the ESSA inputs into the overall Program Action Plan: Action Description Source DLI# Responsibility Timing Completion Measurement The borrower shall Environmental 6 APWRD Ongoing for Compliance report provide encumbrance and Social each sub- shared with World free stretches in Systems project Bank accordance with the Borrower’s ESMF & RPF to the contractors before the commencement of the works� Disbursement Linked Indicator (DLI) on E&S: The following table includes a specific DLI for E&S management under the Program: DLI 1: Borrower’s Environmental and Social Management Fr amework (ESMF) and Scalable. maximum of Resettlement Policy Framework (RPF) adopted, and compliance enhanced US$5 million DLR 1(i): ESMF and RPF adopted, and E&S management unit established (US$3 million) DLR 1 (ii): Digital compliance monitoring and reporting system developed (US$1million) DLR 1 (iii): Compliance to E&S requirements reported (US$ 1 million) 1 Track performance of E&S systems related to the EMP provisions, regulatory clearances, and necessary approvals, labour management, land management, stakeholder engagement, social inclusion, gender mainstreaming and capacity development. Page 9 of 101 1. INTRODUCTION Background On the Rural Roads network, to ensure all-season access to the rural population, the Government of Assam (GoA) has prepared the proposed “Assam State Rural Bridges Program�. Currently, Assam has 9,151 registered bridges spread along the entire road network. The GoA’s bridge inventory includes 1,037 timber and semi-permanent steel bridges, and 965 permanent narrow bridges. In addition, there are 281 distressed bridges (bridges in poor and very poor condition). The temporary bridges are overtopped by floods and often washed out and some of the permanent bridges are affected by scouring. Making Assam’s bridge infrastructure climate resilient is a major undertaking, which requires constructing missing links, upgrading existing bridges, replacing the temporary and distressed bridges, along with replacing the washed-out bridges lost (14 bridges) during the last year 2022 floods. The Government Program covers approximately 2647 bridges. As part of the current P for R program, the World Bank would be supporting 1184 bridges connecting all weather rural roads in their maintenance, upgradation, rehabilitation, and new link construction. In year zero, the state would also be constructing sixty-seven bridges under the program using its own funds. The DPR for these sixty five bridges have already been prepared in house by APWRD and civil works contract are being awarded for most of these bridges. The World Bank will introduce good international industry practices to strengthen the roads and bridge management capability of APWRD and the institutional development support includes among others: (a) mainstreaming innovative climate resilient, safe, and resource-efficient bridge design and construction technology; (b) Introducing Electronic-Project Management System (ePMS) and innovative procurement approaches, like area-based bridge preservation; and (c) strengthening roads and bridge administration units. Assam E&S Baseline Assam, the gateway of Northeast India. It is the land of enchanting aesthetic beauty with lush green hills, pastures, tea gardens, river plains and wilderness all round. Situated between 20° N and 28° N latitude and 90° E and 96° E longitude, the state is surrounded by Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya. It has also common international boundary of 500 km with Bhutan and 200 km with Bangladesh. It has an area of over 78,438 sq km. Assam is endowed with abundant natural resources, including tea, bamboo, horticultural products, spices, and rubber. 85.9 percent of the total population of Assam (31.2 million) lives in rural areas, which is high compared to the national total rural population of 68 percent. Moreover, landholding is dominated by marginal and smallholdings/small operational size of farm - 85 percent of farmers are either marginal or small (average land holding size of around 0.36 hectare). In addition, the scheduled tribe (12.4 percent of the population of Assam) and scheduled caste (7.1 percent of the population of Assam) settlements practice traditional farming. The rural population lives spread over Page 10 of 101 25,372 villages without all-season access. On the other hand, agriculture contributes to around 15 percent of the state’s overall GSDP and provides livelihood support to around 70 percent of the population. The share of industry (much linked to agriculture) in GSVA is about 40 percent and accounts for 11 percent of employment. The rural population is disconnected by the numerous tributary rivers and creeks spread in the 15 river watersheds of the state, which require the provision of bridges to reach social services and economic opportunities. Moreover, the seasonal floods affect the connectivity of rural population, straining the bridge infrastructure and cutting off rural population from state headquarters. In addition, the Assam government’s climate action report predicts that rising temperatures, extreme rainfall events, floods, and incidents of droughts (in southern districts) are likely to increase. A significant geographical aspect of Assam is that it contains three of six physiographic divisions of India – the Northern Himalayas (Eastern Hills), the Northern Plains (Brahmaputra plain), and Deccan Plateau (Karbi Anglong). A large part of Assam is covered by hills (20%) and forests (34%). The State of Assam is a part of the Eastern Himalayan Biodiversity Region (one of the two biodiversity “Hot Spots� in the country). The Protected Area Network (PAN) in Assam occupies 3925-sq.km. area and constitute about 5 % of the State’s geographical area. The PAN includes 5 National Parks and 17 Wildlife sanctuaries as well as 3 proposed Wildlife Sanctuaries, 3 Tiger Reserves, 5 Elephant Reserves, 2 Biosphere Reserves and 2 UNESCO World Natural Heritage Sites (the Kaziranga National Park and the Manas Wildlife Sanctuary) and they play very important role in in-situ conservation of biodiversity. The State of Assam is a constituent unit of the Eastern Himalayan Biodiversity Region; one of the two biodiversity “Hot Spots� in the country. The climatic condition and wide variety in physical features witnessed in Assam have resulted in a diversity of ecological habitats such as forests, grasslands ,wetlands, which harbour and sustain wide ranging floral and faunal species placing. Total Forest cover stands as 34 percent approximately and consists of tropical rainforests, deciduous forests, riverine grasslands, bamboo, orchards, and numerous wetland ecosystems. The unique environmental setting i.e., the eastern Himalayas, highly potential monsoon regime, and accelerated rates of erosion, rapid channel aggradation, deforestation, intense land use pressure and high population growth especially in the floodplain belt, are some of the dominant factors that cause recurrent floods in the state of Assam. About 28.31 per cent ( 22,210 sq.km) of the land in Assam was subject to flood inundation (at least once) during 1998-2007. Out of the total flood-affected area ( 22,210 sq.km), about 3,530 sq.km of land i.e., 15.89 per cent fall under high to very high flood hazard categories (i.e., subject to flood inundation at least seven times during 1998-2007). Based on the flood hazard index derived for various districts, it was observed that, Marigaon, Darrang, Barpeta, Lakhimpur, Dhemaji, Jorhat, Nalbari, Nagaon and Sibsagar districts are the most flood-affected districts (more than 40 percent area affected). The districts of Cachar, Nowgong, Marigaon, Kamrup Rural, and Karimganj have maximum cropped areas falling under very high to high flood hazard categories. State of Assam also falls under the Seismic Zone V making the entire state prone to earthquakes of moderate to very high intensity. Continued deforestation and demand for more and more agricultural land have also led to the destabilisation of hill slopes, which during the monsoons come down as landslides. Every year flooding and riverbank erosion cause devastating impacts. Riverbank erosion is a serious Page 11 of 101 problem in Assam leading to the displacement of people due to the disappearance of villages year after year. Vulnerability to natural disasters combined with the socio-economic vulnerability of the people living in the state poses a great challenge to the government machinery and underscores the need for a comprehensive plan for disaster preparedness and mitigation. During the recent 2022 floods, the incessant rains during pre-monsoon and at the onset of southwest monsoon (May & June 2022) triggered flash floods and landslides. Brahmaputra and Barak rivers and their principal tributaries were in spate at major gauge sites and have inundated 34 out of 35 districts during the period. The districts bordering Kopili River, and Barak Rivers were severely affected by the floods. The flood situation continued from Jun 16 – July 05, 2022, and subsided slowly with the receding water levels in major rivers and tributaries. Field reports from Assam State Disaster Management Authority (ASDMA)n and India Meteorological Department (IMD) clearly indicates that the severe flood inundation is in parts of Nagaon, Morigaon, Hojai, Karbi Anglong, Kamrup, Lakhimpur, Kokrajhar, Sonitpur, Biswanath, Cachar, Hailakandi & Karimganj districts. The flood inundation pattern analyzed for the May and June 2022 spells, reveals a total area of 10,370 sq.km (approximately thirteen percent of the state) was under flood inundation. Running and cascading through the entire length and breadth of the state are mighty rivers; the Brahmaputra in the north and the Barak in the south along with their tributaries which nourish a wide range of precious flora and fauna in the hills and plains. The Northeast India is the treasure house of rare and endangered flora and fauna, a proud possessor of luxuriant rain forests and Biodiversity heaven of India. The roars of tigers, barking of deer, bellow of stag, trumpets of playful elephants used to be the music of the nature which gradually is giving way to the cacophony of the rising biotic pressure. Assam is in fact lagging as compared to most Indian states in terms of size of its economy and poverty reduction. In 2019-20, Assam’s per-capita income was INR 60,660 (~ US$800), 35 percent below the national per-capita income. Although Assam had rapidly reduced poverty between 1994 and 2005, the rate of decline has since slowed down and stagnated at high levels. Thirty two percent of the population are poor in Assam compared to 22 percent nationally.2 Thirty three percent of its population are also multidimensionally poor,3 and there are geographic inequities—51 percent of the population in Hailakandi district are multidimensionally poor as compared to 11 percent in Kamrup metro.4 With a total population of 35 million among which 86 percent live in rural areas,5 the state is the 14th most populous state in India and is highly rural. As per the Assam Economic Survey 2021-22, Assam’s labour force participation rate (47) in rural areas is low, as compared to the national average (55.5), with female workers comprising only 16.1 percent of the total labour force in rural areas. Assam also has the highest maternal mortality ratio (MMR) among all states, with 2 Reserve Bank of India (2020). Handbook of Statistics on Indian Economy, Table 154. https://www.rbi.org.in/scripts/PublicationsView.aspx?id=19887 3 Multidimensional poverty complements income poverty measurements because it measures deprivations directly. India’s multidimensional poverty metric includes indicators in health (child and adolescent mortality, antenatal care, nutrition), education (years of schooling, school attendance), and standard of living (cooking fuel, sanitation, drinking water, electricity, housing, assets, bank account). 4 https://www.niti.gov.in/sites/default/files/2021-11/National_MPI_India-11242021.pdf 5 State estimates for 2021 from Population projection for Indian states (2011-2036). Registrar general and census commission of India. Page 12 of 101 around 205 deaths per 100,000 live births in 2017-19 (Office of the Registrar General, India). To address socio-economic challenges such as lack of access to health facilities, higher education and employment opportunities in rural areas, all-season connectivity to the rural population is critical. Global studies have indicated that while increased connectivity contributes to economic and social development, it may provide a possible fillip to unsafe migration which is tied up with human trafficking.6 Assam already has one of the highest rates of child trafficking in the country as per the National Crime Record Bureau (NCRB). In 2021, over 203 cases of human trafficking were registered as compared to 124 cases in 2020. Such pre-existing vulnerabilities may exacerbate the risks of exploitation once connectivity improves. Human trafficking is a development issue and common development dimensions, such as poverty, unemployment, gender inequality, and social exclusion factors, that are quite prevalent in Assam, are strongly linked to vulnerability to trafficking.7 The program must therefore take these unintended risks and impacts into consideration during its implementation. Program Description The program development objective (PDO) is to build green, inclusive, and resilient connectivity in rural Assam and strengthen the Assam Public Works and Roads Department’s roads and bridges management capability. The key results (Result Areas -RAs) and PDO e outcome expected from the implementation of the program are given in the table, below: Result Area PDO Level Results Indicator (Outcome Indicators) RA 1: Strengthening roads and Increased savings of Road Users’ Cost (RUC) (Amount in US$) bridges management capability (This is the result of enhancing the performance of APWRD to achieve the government roads and bridges improvement programs, which will increase the roads network in good and fair condition and reduce Vehicle Operating Cost (VOC)/RUC). Government Order for the adoption of the Environmental & Social Framework and the Resettlement Policy Framework (RPF) by APWRD, and monitoring system adopted (Yes/No) RA 2: Enhancing resilience of Increase in the proportion of bridges in good and resilient condition. A bridges substitute to “reduced likelihood of connectivity disruption on Program bridges. This will measure prevented incidences of failures from flooding and geohazard risks). 6 https://documents1.worldbank.org/curated/en/863211624981606154/pdf/Toolkit-for-Mitigating-Human- Trafficking-in-Relation-to-Enhanced-Road-Connectivity-in-Nepal.pdf; https://openknowledge.worldbank.org/bitstream/handle/10986/37261/Economic%20Shocks%20and%20H uman%20Trafficking%20Risks-ENG-4-04-22_final.pdf?sequence=4&isAllowed=y 7 https://documents1.worldbank.org/curated/en/166101468315536553/pdf/546830BRI0SDN01C10Human 0Trafficking.pdf Page 13 of 101 RA 3: Inclusive and resilient rural Efficient and resilient agricultural and MSME supply chain (Efficiency Gain - community connectivity Percentage) measured by the reduction of freight handling and transportation costs, and post-harvest losses. Improved access to markets for women households for textile/ handicraft/ dairy products (number of beneficiary women) Citizen’s feedback survey on improved access to markets, health care, educational and financial institutions (Percentage) Green rural transport and logistics systems reducing greenhouse gas (GHG) emission introduced in the agricultural and MSME supply chain (Yes/No) The Program disbursement linked indicators (DLIs) have been chosen to achieve the desired outputs and outcomes under the Program and strengthen the institutional processes to support Program activities and modernize APWRD. The DLI design process involves strategies such as: (i) ensuring that the DLIs contribute directly to the PDO; (ii) the practicality of verification protocol, i.e., the DLIs are measurable and achievable; (iii) the number of DLIs is kept to a minimum, but is sufficient to track the main activities under the three RAs; (iv) Scalability against DLRs; (v) DLIs linked to the sustainability of Program results; (vi) data collection system and data availability; and (vii) existing monitoring and evaluation systems in APWRD. Rationale for the selected DLIs: The Program has eight DLIs to achieve the PDO level indicators. As given in table below, DLIs 1 to 4 are linked to the institutional and resilience building, which will strengthen systems and improve the performance of APWRD. Summary of DLIs and Rationale DLI DLRs, RA1: Strengthening roads and bridges management capability DLI 1: Environmental and DLR 1(i): ESMF & RPF adopted, and E&S management unit Social Management established as prior result Framework (ESMF) & Resettlement Policy DLR 1(ii): Digital compliance monitoring % reporting system Framework (RPF) adopted, developed in year 2 and compliance enhanced DLR 1(iii): Compliance to E&S requirements reported in year 3 DLI 2: Digital and DLR 2(i) a: APWRD has imparted training to 50 officials dealing with standardized contract and procurement and contract management; and DLR 2(i) b: APWRD has fiduciary management published the annual procurement plan on its website after budget systems upgraded & approval in year 1 Page 14 of 101 medium-term budgeting DLR 2(ii) a: APWRD imparted training to additional 50 officials framework prepared dealing with procurement and contract management DLR 2(ii) b: APWRD has updated and notified the PWD Manual and Code in line with the provisions of the Assam Procurement Act and Rules and developed and notified for implementation a “Project and Contract Management Manual� in year 2 DLR 2(iii) a: APWRD rolled-out a web-based audit tracking ICT application; and reactivated the departmental audit committee as measured by the number of meetings held & DLR 2(iii) b: Key books and records have been prepared through the e-Portal of APWRD by all its divisions in year 3 DLR 2(iv): APWRD has developed a Medium-Term Expenditure Framework for the Roads and Bridges in year 4 DLI 3: Reform the business process and operationalize DLR 3(i): Business process reform of APWRD to improve the APWRD to improve performance approved and DLR 3(ii): Operationalize APWRD by performance assigning the core management team and critical mass (60 % of staff) RA2: Enhancing resilience of bridges DLR 4: Develop and adopt DLR 4(i): Framework Instruments increasing the stock of bridges in Framework Instruments good and resilient condition developed and Government Order by increasing the stock of APWRD to adopt the Framework instruments issued in year 2 bridges in good and resilient DLR 4(ii): Bridge Asset Sustainability Plan (BASP) developed in year 2 condition DLR 4(iii): Maintenance budget requirement proposed by BASP for Program bridges for year 3 allocated in year 3 RA3: Inclusive and resilient rural community connectivity DLR 5: Electric Vehicle Policy updated to enhance rural e- DLR 5(i): Updated Electric Vehicle Policy adopted by Assam mobility by the Department Department of Transportation (DOT) in Year 3 of Transport (DoT) & Green DLR 5(ii) Green Rural Freight and Public Transportation Hubs Rural Freight and Public established Transportation Hubs And completed Green Rural Freight & Public Transport Hub up in established year 4 DLI 6: 1,629 meters of Bridge maintenance. bridges maintained DLI 7: 2,169 meters of Bridge widened bridges widened DLI 8: Resilience condition of 42,416 meters of Replaced or constructed bridges with resilience features. temporary, collapsed/washed out, Page 15 of 101 distressed and new bridges improved The P for R program for US$442 million will be supported by a IPF financed TA for US $ 28. The total Bank financing is US$ 470. The TA will enable APWRD undertake DPR preparation for the Program bridges, engage Program Management Consultant, Independent Verification Agent, Technical Audit Consultant, Individual Consultants, Impact evaluation, construction supervision consultancy (CSC) services, successive program bridges design, transport hub design, strengthening the Assam Road Research and Training Institute (ARRTI), E&S impact management, GRS and Gender Action Plan preparation and operationalization, studies, training administrative, legal and operating expenses Program Exclusion The Program will exclude the following: (a) Bridges on roads that are outside the rural roads network under the jurisdiction of APWRD. (b) Bridges that are likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people. Specifically, this will exclude bridges in national parks and designated environmentally sensitive areas. (c) Any bridge where land acquisition and relocation has not been completed as per the requirements of the Environmental and Social Management Framework (ESMF) and the prevailing law. (d) Any bridge works that would comprise a high value contract as defined by the Bank Procurement Program, which requires “mandatory prior review thresholds for Regional Procurement Managers (RPMs) and the Operations Procurement Review Committee (OPRC).� At the time of appraisal, high value contracts are defined as those that the involve the procurement of: (i) works, estimated to cost US$75,000,000 equivalent or more per contract; (ii) goods, estimated to cost US$50,000,000 equivalent or more per contract; (iii) non-consulting services, estimated to cost US$50,000,000 equivalent or more per contract; or (iv) consultant services, estimated to cost US$20,000,000 equivalent or more per contract. No such contracts are currently anticipated under the proposed Program. (e) Bridge works that are financed in whole or part by other sources of Official Development Assistance, including other World Bank or other multilateral supported operations. In addition to the criteria, the following specific E&S exclusion criteria will be applicable: Social A social screening of all planned activities will be carried out to ensure that the following are not eligible for inclusion in the PforR operation: Page 16 of 101 Activities that are not consistent with the legal/ regulatory framework of the country. Activity that involves acquisition of land resulting in significant loss of land/ livelihoods/ access- particularly physical displacement of 35 or more people.8 Activities that will involve the use of forced eviction of informal settlers/ users of land. Activities which put permanent restrictions on access/ usage of resources. Any activity that involves child labour (persons under 14 years of age in any activity and persons above 14 years and under 18 years of age in hazardous activities). Activities that would adversely affect places of cultural significance and protected historical/archaeological assets (both natural and human-made). Activities which will cause relocation of Indigenous People or have significant impact on them. It is also recommended that prior to initiation of civil works under the P for R operation, land free from encumbrances is provided to avoid any adverse impacts and unforeseen delays in construction related activities. Environment The screening criteria shall assure that sub projects likely to have any considerable potentially significant adverse impacts and falling within critical habitat, designated protected areas are excluded. The likely to be shortlisted sub projects are not in the vicinity of any natural habitats or cultural heritage sites. It would be ensured during the program implementation that there are no such workplace conditions prone to health and safety risks. And no significant, cumulative, induced, and indirect impacts are anticipated due to the proposed sub projects. During the implementation, it will be required to ensure that all such activities not eligible for P for R financing, remain excluded. The Bank’s Program focuses on institutional development, and capital investment activities though rehabilitation, upgradation, and construction of new bridges along the rural road network in the state. Of these, the Bank’s implementation support would focus largely on further building the environmental management capacity as a part of the institutional development. Regarding the bridge construction/upgradation activities, the Bank’s implementation support would also supervise compliance to contractual requirements and good EHS practices so that no risks ensue. The program exclusion requirements for P for R financing should be maintained. Scope of the ESSA As required for a P for R operation, a detailed Environmental and Social Systems Assessment (ESSA) has been undertaken to identify the key environmental and social (E&S) risks that may impact the achievement of the Program Development Outcomes and attempts to assess the ability of borrower’s current systems to manage likely risks and recommends additional measures to mitigate them. 8 This threshold is based on the limited data available and social screening undertaken, wherein it was noted that of 1184 bridges proposed under PforR approximately 54 ha of private land and 2250 structures may be impacted only across 450 bridges. Thus, each location is likely to have less than 35 impacted households. Page 17 of 101 This ESSA analyzes the country and statewide systems, prevailing systems within the Assam Public Works and Road Department responsible for implementing different components under this operation, to understand the extent to which the existing systems and capacities are aligned with the 6 core principles. These 6 Core principles relate to: ✓ Promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts. ✓ Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. ✓ Protect public and worker safety against the potential risks associated with: (i) construction and/or operations of facilities or other operational practices under the Program; (ii) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and (iii) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. ✓ Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards. ✓ Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups. ✓ Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. ESSA requirements Following are the ESSA requirements:- 1. Preliminary screening is done to ensure that activities that are “judged to be likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people are not included in the PforR design and are excluded from the Program 2. Stakeholder engagement is an essential element of the ESSA process. Through this engagement, both internal and external stakeholders get an opportunity to meaningfully participate in the ESSA process, inform the preparation of the ESSA Report, and provide meaningful inputs throughout the lifecycle of the operation. Generally, during the PforR preparation process, field-level one-to-one and focused group community consultations and a stakeholder workshop are conducted to meet the stakeholder engagement requirements. The consultations undertaken by the Environmental and Social Assessment (ESA) consultant will be relied upon and will inform the study. 3. Analysis: Using secondary literature and the information collected during the stakeholder engagement process, the ESSA analyses the borrower’s applicable systems, considering the system both as it is defined in laws and regulations, and as it is implemented in practice. The purpose of this analysis is to determine the systems’ capacity to manage program risks during preparation and throughout implementation. Page 18 of 101 4. Grievance Mechanism (GM): The ESSA reviews the Program-level grievance mechanisms and assesses their adequacy and effectiveness. The ESSA confirms that the GMs can receive, record, resolve, and follow up on complaints or grievances received. Further, the ESSA includes any recommendations for enhancing or improving the GM. 5. Recommendations: ESSA identifies measures and actions to manage any significant gaps in the borrower’s capacity to implement E&S management systems at a level commensurate with the identified risks to The Program, and consistent with the Bank’s core principles and planning elements. The Bank and the borrower together agree to implement these as part of the Program. 6. Disclosure: It is required for the draft ESSA report to be disclosed before the appraisal decision meeting so that the views of interested members of the broader public may be solicited and considered before all Program decisions are made final. Further, the final ESSA Report and recommended actions are to be completed before negotiations, and the final version is disclosed accordingly. Methodology The ESSA was carried out by a team of Environmental and Social Specialists from the World Bank. The assessment team used various approaches to review the environment and social systems that are relevant to the rural bridges program. It primarily relied on a thorough review of secondary literature including applicable Acts, Rules, policies, Government Orders, Circulars, Gazette notifications, guidelines of the international development financing institutions working with APWRD, and studies commissioned as part of program preparation. In addition, meetings, and discussions with representatives of key agencies (APWRD staff, consultants, contractors, and other relevant institutions) and consultations with community stakeholders were also held to inform this assessment. Further, the Bank relied on consultations and preliminary assessments carried out by the Environmental and Social Assessment (ESA) Consultant engaged by the APWRD for the P for R activities. These consultations were held to examine the roles, responsibilities, and capacities of key institutional stakeholders – including nodal and statutory authorities, local bodies, and community level stakeholders- including citizens, civil society, poor and socially vulnerable groups. The desk review focused on understanding the existing policy, operational procedures, institutional capacity, and implementation effectiveness relevant to the activities proposed under the Program. This also included a review of the borrower’s systems for managing environmental and social risks related to land procurement, labour standard compliances and engaging with citizens (especially the most marginalized and excluded), ensuring inclusiveness in the design, planning and implementation of bridge infrastructures as well as offering them appropriate outlets to air their grievances. Based on an interim assessment of the components, detailed Environment and Social checklists were prepared to understand the implementing institution, its processes/ procedures, capacities, mandates to implement programs and manage E&S risks. The checklists were shared with department Page 19 of 101 level stakeholders in advance of the discussion to elicit their verbal as well as written responses to the queries. Page 20 of 101 DESCRIPTION OF ENVIRONMENTAL AND SOCIAL IMPACTS OF THE PROPOSED PROGRAM The Government of Assam intends to enhance rural connectivity through the construction of new bridges and reconstruction, rehabilitation, and maintenance of existing bridges. The Program for Results (P for R) financial instrument does not support programs or activities within programs that could cause significant harm to the environment, or which would have significant adverse social consequences. All P for R operation proposals will be screened for such adverse impacts at an early stage of preparation. The P for R approach manages the environmental and social risks by⸻ • Deliberately excluding high risk sub-projects (i.e., projects falling within or close vicinity of the protected areas, ecologically sensitive areas, etc.) • Conducting a comprehensive assessment of the E&S effects of the proposed operations • Assessing the adequacy of the borrower systems, commitment, and capacity to manage those risks. • Where necessary, adopting legally binding program actions to strengthen borrower systems and performance. The current study considers early identification and screening of potentially important biodiversity and cultural resource areas; and potential adverse impacts on individuals, communities or physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects. The environmental and social risk screening approach used the four main criteria for assessment: • The Likely environmental and social effects – The direct physical impacts of the proposed activities and sub projects shall be identified. It refers to the benefits and adverse impacts e.g., land acquisition, pollution, damage to habitats or cultural heritage, risk due to riverbank scouring and erosion issues, landslides, tree cutting, alteration to natural drainage, habitat loss or destruction, debris disposal, public and worker safety, vulnerable groups; also, where relevant potential cumulative, indirect, or induced effects. • Contextual risk factors – To identify if the proposed program is in the sensitive E&S settings, are there any legacy issues, social conflicts, or fragility within the geographic boundaries of the program. What are the climate change and disaster risks and how are these getting mitigated under the proposed program as per the mitigation hierarchy. • Institutional capacity and complexity risks – To access the capacity of the organization to manage the environmental and social risks. Also access if any of the organizations existing policies or practices conflict with the P for R core principles. • Political and reputational risks – To access the perceptions of the Implementing agency and World Bank by important stakeholders and or a significant proportion of the local community. Page 21 of 101 The objectives of environmental and social screening and classification are to evaluate the environmental and social risks associated with a proposed operation; to determine if the sub project investment can be considered under the P for R program; and to recommend an appropriate mitigation measure suitable for a given sub-project. The Bank recognizes that environmental and social screening and classification is not absolute and involves professional judgment on a case-by- case basis. When screening, careful consideration needs to be given to potential environmental and social impacts and risks associated with the proposed project. Judgment is exercised with reference to the policy expectations and guidance; real impacts on the ground; and established regional and Bank wide precedence and good practice. Risks identified through the ESSA are addressed through the results area, or through disbursement- linked indicators (DLI). This operation has considered environmental and social risk mitigation measures in the Program Action Plan (PAP) and identified options to improve systemic implementation and strengthen the institutional capacity of APWRD. The following tables enumerate the social and environmental risks and impacts of the interventions related to the proposed P for R. Social Risk Screening The proposed investments were screened to determine the social risks. This was done at the PCN stage and now further refined as the program advanced. The summary of the social risk rating for each of the result area is as follows: Disbursement Proposed Investments/ Impact Social Risk Justification for rating Linked Indicator Activity Rating (where applicable) (DLI) RA 1: Strengthening roads and bridges management capability DLI 1: Developing E&S risk Gender informed Substantial GRM system exists Environmental and management systems, bridge but requires Social Management including developing infrastructures augmentation as no Framework and and operationalizing resources (manpower Resettlement Policy GRS and Gender Inclusion of and budget) have Framework Action Plan; and affected been allocated to adopted, and updating and applying communities maintain the system. compliance the E&S management particularly, enhanced Framework. vulnerable groups While laws are in and those residing place for land in remote areas in management, certain the planning and policy and procedural implementation gaps still exist. The process. gap will be bridged through adoption of Once the borrower’s ESMF and framework is in RPF in line with the place, E&S country laws and Page 22 of 101 Disbursement Proposed Investments/ Impact Social Risk Justification for rating Linked Indicator Activity Rating (where applicable) (DLI) considerations international good pertaining to land practices. Further, and labour systems will be management will established in the be embedded in APWRD to monitor its the design, implementation. planning and construction phase. Strengthening E&S With the Low Procurement process management strengthening of for hiring of social capability, including E&S management specialist, gender establishing E&S capability, APWRD specialist and labour Management Unit; will have sufficient specialist for the Unit, assigning and training capacity to manage and independent the core E&S staff, and E&S risks and consultancy firm for engaging E&S impacts related to ESA has been consultants. bridge initiated. infrastructures DLI 2: Digital and Strengthening NA standardized subnational roads and contract and bridges administration fiduciary Digital and NA management standardized contract systems upgraded, and fiduciary and medium-term management systems budgeting upgraded and framework medium-term prepared. budgeting framework prepared DLI 3: GoA’s Road Program monitoring, Focus on E&S risks Low Capacity building plan and bridges management, and staff management for the staff will focus development training during program on enhancement of program (Assam management and social risk Rural Bridges staff trainings. management capacity Program, Assom- under the program. mala and PMGSY) Sufficient staff will be implemented at the engaged to manage planned quality, E&S risks. time and cost. RA 2: Enhancing resilience of bridges DLR 4: Develop Developing the Improved Low ESA consultancy firm and adopt resilience framework resilience, resulting and DPR consultants Framework and mainstreaming in in sustainability of will undertake initial Instruments the design, bridge assessments and increasing the proportion of construction, and infrastructure and prepare plans that will reduced likelihood embed resilience in Page 23 of 101 Disbursement Proposed Investments/ Impact Social Risk Justification for rating Linked Indicator Activity Rating (where applicable) (DLI) bridges in good maintenance of of disruption in the design, and resilient bridges connectivity. construction, and condition maintenance of bridges. Ensuring sustainability Same as above NA of bridges structural integrity and resilience Quality assurance of Same as above NA bridges resilience RA 3: Inclusive and resilient rural community connectivity DLR 5: Electric Bridges maintained, Limited physical Substantial Construction activities Vehicle Policy widened, replacing displacement in will spread across all updated to temporary, collapsed, cases of widening geographical areas enhance rural e- washed out, distressed of bridges and its including remote mobility by the Department of bridges, new bridges approach roads, locations; thus, Transport (DoT) & constructed development of managing E&S risks Green Rural Freight rural freight and may be a challenge and Public public transport due to limited Transportation hubs.9 capacity and Hubs established manpower within the DLI 6: 1,629 Temporary APWRD at the state meters of bridges economic impacts and divisional level to maintained on any vendors, manage and monitor DLI 7: 2,169 and other non- social risks pertaining meters of bridges titleholders along to land and livelihood widened alignments related impacts, DLI 8: Resilience proposed for including labor and condition of construction of GBV/SEA/SH risks. 42,416 meters of bridges. temporary, Staff (social, gender collapsed/washed Temporarily impact and labor welfare out, distressed related to access to specialists at the state and new bridges market, and places level and social focal improved of employment, person at the worship, and health divisional level) will be facilities. engaged and monitoring systems Labor influx, labor will be established to working & living supervise and conditions and mitigate these GBV/SEA/SH impacts on the related risks due to ground. 9 The findings from the social screening of 1156 bridges proposed under PforR establishes that approximately 54 ha of private land and 2250 structures may be impacted across 450 bridges. Page 24 of 101 Disbursement Proposed Investments/ Impact Social Risk Justification for rating Linked Indicator Activity Rating (where applicable) (DLI) use of construction workforce from Further, Bank will adjoining districts have a screening or states. criterion to avoid under this PforR Increased operation – financing connectivity to of any High E&S risk isolated subprojects. The geographies PWRD will begin whereby improving implementation of low access to markets, risk sub-projects to health, and other gain experience, and services for tribal the TA component will and vulnerable be brought in to build groups. on-the-ground / hands-on capacity of the PWRD as sub- project complexity increases. Total Substantial Risk The assessment of social risks gauged the a) nature of activities or investments that the APWRD is responsible for in this operation, b) the nature and magnitude of social risks and impacts expected, c) inadequate social management capacities of the APWRD to manage these risks and effects, and d) the enabling legal policy framework under which these risks are being managed. Opportunities: The Program interventions will result in improved connectivity that will bring about increased access to economic opportunities, triggering a change in the structure of employment in rural communities and have a positive impact on human capital formation, with both men and women benefitting equally. All season access will further improve supply chain of agricultural commodities and technologies, access to healthcare and other social services benefitting marginal farmers, women and schedule tribe and schedule caste communities. In addition, the bridge strengthening and renovation will improve the frequency of the traffic flow and reduce travel time. The Program will also help to analyze gender gaps in the transport sector, assess needs and impacts on different categories of women, recalibrate program approaches & strategies to improve outcomes for mainstreaming gender. Further, the program will focus on ensuring that connectivity and transportation networks are safe for women and children against risks such as trafficking, sexual harassment and assault by adopting awareness building strategies on safe migration and women safety in the catchment areas under the program. The program also focusses on improvement of GRM which will increase responsiveness and accountability to citizens and increase awareness about its benefits. Potential Risks: The social risk screening was carried out based on the following four criteria: Likely social effects. The social risks were expected to emerge from activities under Result Area-I where Page 25 of 101 physical investment are planned to be undertaken that could potentially lead to minor physical and economic displacement, permanent/temporary impact related to access to assets, including labour and community health and safety, as most bridges considered for rehabilitation, replacement or construction (in case of missing links) are in close proximity to habitations. The World Bank will have a screening criterion to avoid – at least under this PforR operation – financing any High E&S risk subprojects. Contextual risk factors. Based on the previous experience of implementing similar projects and the current capacities of the APWRD related to land management (including resettlement and rehabilitation) indicates that the APWRD would require substantial support in strengthening its capacity to manage resettlement related risks.10 Under the PforR operation, the APWRD will begin implementation of low risk sub-project to gain experience, and the TA component will be brought in to build on-the-ground / hands-on capacity as sub-project complexity increases. Institutional capacity and complexity risks. The program only focuses on bridge construction, upgradation and management, which is within the control of the APWRD, thus may not impede the institution’s ability to effectively carry out its E&S roles and responsibilities. However, coordination would be required with other departments such as Revenue and Disaster Management for land acquisition and resettlement; Labour Commissionerate for labour standard compliance, and Anti-Human Trafficking Units, Department of Social Welfare, along with State Commissions for Women and Children for addressing GBV related issues in public spaces. Reputational or political risks. The program as such is not politically sensitive and is not likely to lead to or aggravate social conflict. However, the program counterpart does not have a proven track record in managing complaints or dissent. The assessment draws attention to the need for strengthening grievance redressal mechanism and citizen engagement processes, to avoid or mitigate any reputational or political risks that may arise from the program. Further, any reputational risk by association will be mitigated with the TA work and efforts tailored to increase capacity for the whole government program. For most of the activities proposed under the program that are of the nature of physical investments, need for system strengthening and revamping of existing processes, including direct social risks related to land management, labour management, grievance redressal and social inclusion were found. Based on this, the Overall Social Risks assessed for the program is Substantial. Environmental Risk Screening The proposed investments were screened to determine the environmental risks. This was done at the PCN stage and now further refined as the program advanced. The summary of the environmental risk rating for each of the result area is as follows: Disbursement Linked Likely Impacts Proposed Environmen Justification for rating Indicator (DLI) Investments/ tal Risk (where applicable) Activity Rating RA 1: Strengthening roads and bridges management capability DLI 1: Environmental and Environment Substantial Consultants would be Social Management al & Social hired for developing a Framework and (E&S) E&S Framework to 10 World Bank, Implementation Completion and Results Report for Assam State Roads Project. March 25, 2020 Page 26 of 101 Disbursement Linked Likely Impacts Proposed Environmen Justification for rating Indicator (DLI) Investments/ tal Risk (where applicable) Activity Rating Resettlement Policy framework address the Framework adopted, with GRS environmental and and compliance social safeguards enhanced requirements. The existing Moderate Additional staff with RAMS and adequate experience BIS system and qualifications are to be proposed for program upgraded implementation. DLI 2: Digital and Moderate The contractual staff standardized contract deployed on and fiduciary multilateral funded management systems projects have requisite upgraded, and medium- qualifications and term budgeting experience to handle framework prepared. environment and social safeguard DLI 3: GoA’s Road and requirements, however bridges development the E&S processes has program (Assam Rural not been Bridges Program, Assom- institutionalized within mala and PMGSY ) the organization. implemented at the planned quality, time and These qualified cost. environmental specialists are not available beyond the project duration. RA 2: Enhancing resilience of bridges DLR 4: Develop and Likely impacts due to Preserving Moderate Considering the states adopt Framework complexity of multiple and geographic location, Instruments increasing hazards (flooding enhancing population size, richest the proportion of bridges the including flash floods biodiversity zones, and in good and resilient resilience of condition & urban flooding; the bridge complexity of multi earthquakes, asset. hazard risks. landslides; drought, climate variability and climate change) requiring a robust E&S risk management system approach. Impacts due to flash Provisions Moderate Considering the state floods, unstable are built in topography, perennial banks, meandering of the design and vibrant river the river stream, to protect networks in the state, selection of the investments Page 27 of 101 Disbursement Linked Likely Impacts Proposed Environmen Justification for rating Indicator (DLI) Investments/ tal Risk (where applicable) Activity Rating appropriate design against Bridges in high hazard considerations. floodings, zone, would require earthquake site specific design risks, considerations. landslides etc. Reduced likelihood of Moderate The design cell and disruption of DPR consultants shall connectivity on be responsible for program bridges. ensuing quality. RA 3 Inclusive and resilient rural community connectivity DLR 5: Electric Vehicle Likely impacts on the Replacement Substantial The environmental Policy updated to flow of the channel of all impacts will be limited enhance rural e- mobility during the timber/ to those related to the by the Department of construction stage, temporary construction phase of Transport (DoT) & Green riverbank scouring bridges, the rural bridges along Rural Freight and Public and erosion issues. rehabilitate the identified Core rural Transportation Hubs deteriorated Road Network. established Increased traffic bridges, volume and safety replacement The regulatory DLI 6: 1,629 meters of issues during the of collapsed provisions exist but still bridges maintained construction and / washed there are policy and operations stage. out bridges, procedural gaps which DLI 7: 2,169 meters of construction has been identified in bridges widened This will include of new the study. adverse impacts due bridges and DLI 8: Resilience to air, dust and noise clear the Considering the spread condition of 42,416 pollution; limited tree maintenance of bridge locations meters of temporary, cutting / trimming; backlog as across the state, collapsed/washed out, water pollution; per the managing the distressed and new occupational health & screening environmental risks bridges improved Safety and public criteria and would be a challenge safety considerations; adopting the for APWRD with limited waste management, P for R manpower. scrap and debris program disposal. exclusion checklist. Considering the scale and coverage of bridges the adverse environmental impacts related to program implementation are expected to be limited and largely reversible in nature and are not expected to pose significant risks. The Program activities will not encroach upon or degrade the sensitive habitats by not including any bridges located in the sensitive areas of floral and faunal biodiversity value or in a protected area. Implications on the existing vegetation cover (limited t o the bridge abutment’s locations) and on the aquatic ecology (limited to a few hundred meters upstream and downstream of the bridge crossings), needs to be given due attention depending upon the bridge site locations. Page 28 of 101 The construction stage impacts due to dredging, foundation works, riverbank reinforcements, slope stabilization works may adversely impact the aquatic biodiversity. Adequate mitigation and management techniques need to be adopted to address OHS, community Health and safety, traffic management, waste management from the construction activity and labour camps. The presence of construction work force and construction operations will have implications on public health and traffic safety, however considering the scale of operations under the Program, the impacts are likely to be moderate and manageable. The construction of new bridges (missing links) may bring in change in the river morphology or hydrological character of the river / stream whereas in case of replacement, rehabilitation it is unlikely to cause any significant adverse impacts. Any adverse impact and habitat destruction will be avoided by not undertaking any construction activities on sites in protected areas, critical natural habitats, or reserved forests. The Program activities will avoid physical sites of archaeological, cultural, religious, and historic value. The initial screening being undertaken for phase-1 bridges by the DPR consultant did not find any issues related to physical cultural resources. However, the possibility of chance found cannot be ruled out. Potential adverse effects on physical cultural property will be accounted for and adequate measures will be taken to address such effects. Structures like bridges can cause a series of impacts both in immediate time and extended over a long duration. The impact is not only limited to the specific physical development but, it also gives rise to several other interlinked elements which can cumulatively impact the environment and resources in long run. These environmental hazards may result from flooding, the narrowing of river channel due to embankments, increased sediment deposition, water quality pollution, habitat destruction and endangering of aquatic life. Any development project or activity upon the floodplain, riverbank, or across the river is bound to have some impact on the ecology and biodiversity of the river. It may adversely impact the floodplain and may amount to affecting the terrestrial ecology. Based on this and the state’s geographic location, population, biodiversity richness and complexity of hazard risks, the Overall Environmental Risk assessed for the program is substantial. Page 29 of 101 LEGAL AND POLICY FRAMEWORK FOR THE PROGRAM The legal framework for environmental and social systems is adequate and backed by a set of comprehensive laws, regulations, technical guidelines, and standards, that apply nationwide and to participating states as well. The Environmental legislation at the national and state level for the conservation and management of the environment and on pollution management are well defined and in place, and so is the institutional structure for the management of the environment. Therefore, procedures and clearances required for environmental protection are well defined. Existing legislation also helps minimize or mitigate possible adverse impacts on natural habitats, archaeological sites, and cultural resources. The 1972 United Nations Conference on the Environment in Stockholm was the first world conference to make the environment a major issue. The participants adopted a series of principles for sound management of the environment including the Stockholm Declaration and Action Plan for the Human Environment and several resolutions. Soon after the Stockholm Conference, many Acts were introduced i.e., Wildlife Act, 1972; Water Act, 1974; Air Act, 1981, etc. Within five years of the Stockholm Declaration, the Constitution of India was amended to include the Protection and Improvement of Environment as a constitutional mandate. The protection and improvement of the environment is a fundamental duty under the Constitution Act of 1976. The Indian government enacted the 42nd amendment to the constitution in 1976 and added article 49A11 and article 51A12, clause g. Article 21 of the constitution of India provides for the right to life and personal liberty. It states that “no person shall be deprived of his life or personal liberty except according to procedure established by law.� India also has robust laws to safeguard the rights of titleholders to fair compensation, rehabilitation and resettlement in case of land acquisition [Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013]. While Assam has RFCTLARR rules to enact the Central law, it has also notified a policy on direct purchase to ease the process of land procurement for all projects including roads and bridges infrastructure. In addition, the Right to Information Act and APWRD’s Citizen Charter is being implemented to promote transparency and accountability within the APWRD. To safeguard the interest of all workforces under the program, various national and state regulations and rules related to labour welfare, and occupational health and safety relevant to the program were reviewed and found to be adequate. The national and state laws also secure the rights and privileges of the poor, women and socially marginalized and works to ensure inclusive, transparent, and accountable delivery of public services by concerned public agencies based on the principles of participation, equitable access, and benefit distribution. Special provisions have been extended to the Tribal Areas in Assam under the Sixth 11 “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.� 12 “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.� Page 30 of 101 Schedule [Articles 244(2) and 244(A) of the constitution] in addition to fundamental rights. The Sixth Schedule provides for the administration of tribal areas as autonomous entities. The administration of an autonomous district is vested in a District Council and of an autonomous region, in a Regional Council. These Councils are endowed with legislative, judicial, executive, and financial powers. These institutions were expected to integrate these areas with the modern system of administration while preserving the traditional autonomy and local self-governing institutes of the tribal people. The Autonomous Councils are given varying degrees of autonomy within the state legislature. In Assam, there are 3 Autonomous Councils under the Sixth Schedule of the Indian Constitution. The 3 Autonomous Councils are: (1) Bodoland Territorial Council (2) Dima Hasao Autonomous District Council and (3) Karbi Anglong Autonomous District Council. In addition, there are six Statutory Autonomous Councils constituted under the State Act. The Statutory Autonomous Councils are constituted for the Social, Economic, Educational, Ethnic, and Cultural advancement of the Scheduled Tribe (ST) communities living in Core Areas as well as in Satellite Areas covering many districts of Assam. These are 1) Rabha Hasong Autonomous Council; 2) Mising Autonomous Council; 3) Tiwa Autonomous Council; 4) Deori Autonomous Council; 5) Thengal Kachari Autonomous Council; 6) Sonowal Kachari Autonomous Council. The Statutory Autonomous Councils has been provided with executive powers and functions on 34 subjects which also includes rural road and bridges; flood control schemes for the protection of villages; town and country planning; land revenue; and tribal welfare among other subjects. In addition to the above, for the socio-economic upliftment and sustainability targeted development of different backward communities the Government of Assam has created 33 Development Councils to decentralize power and responsibility so that they can take care of development needs. The main function of these Council bodies is to formulate various developmental schemes/projects and to execute these in a priority and need base manner. Social Policies, Laws, and Regulations This section discusses both national and state laws and policies covering relevant aspects such as land management, welfare of workers, social inclusion, citizen engagement including grievance redressal and gender applicable to this sector. Name of law/policy Relevant provisions of the Act/ Policy Relevance for Social Management Right to Fair LARR 2013 ensures fair compensation for Makes prior consent Compensation and resettlement and rehabilitation of those affected of land-owners Transparency in Land following an inclusive and transparent process, for requirement for LA Acquisition, Rehabilitation the well-being of those impacted by land acquisition, and provides for and Resettlement including those indirectly impacted and those facing compensating those (RFCTLARR) Act, 2013. temporary economic displacement. It provides for a economically social impact assessment in the impacted area displaced and with Assam Right to Fair through a consultative process to assess the scale legal titles to the land Compensation and and nature of impacts. being impacted. Act Transparency in Land doesn’t cover non- Acquisition, Rehabilitation titleholders. and Resettlement Rules, 2015 Page 31 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Social Management Direct Purchase Policy for The notification recognizes the need to strike a Provides for Land Acquisition for Asom balance between public purpose and need to acquisition of land Mala and EAPs adequately compensate and rehabilitate the parcels through direct impacted. It recommends LA through negotiation purchase by way of a (and mutual consent) as the best approach by paying negotiated settlement the landowners an incentive of 25%, inclusive of R&R for improvement and benefits on the compensation calculated as per the upgradation of state provisions of Section 26 to 30 and First Schedule of highways, and major the RFCTLARR Act. No separate R&R is paid as per district roads under Second Schedule of the Act. Asom mala and externally aided projects. The DEA readiness criteria under externally aided projects require completion of 50% of land acquisition before loan negotiation. MoRTH stipulates 90% land acquisition before starting the projects. Assam Public works The Act provides for prevention of unauthorized Relevant to address (Regulation of road encroachments on roadways in the state of Assam. issues of development and road encroachments under transport) Act, 2010 the program. Rule provides that encroachment on Govt. khas land Settlement Rules under or waste land or estate over which no person has Assam Land and Revenue acquired the right of a proprietor, land holder or Regulation, 1886 settlement holder or any land that has previously been reserved, roads or road- side land or for the grazing of village cattle or for other public purposes shall be removed forthwith by the Deputy Commissioner. Regulation provides that in all other cases, ejectment shall be preceded by publication of a notice in the manner as prescribed in the rule requiring the occupant to vacate the land specified in the notice within 15 days of publication of the notice on the land concerned or in a prominent place in the vicinity thereof. Street Vendors (Protection It regulates street vending and protects the rights of Gives legal protection of Livelihood and street vendors by legalizing their right; protects them and safety against Regulation of Street from sudden eviction or relocation; spells their rights economic Vending) Act, 2014 and obligations. It sets up a Town Vending displacement and un- Committee to declare no-vending zones, relocate notified relocation to Assam Street Vendors vendors from such areas and allow them to carry out street vendors (Protection of Livelihood vending as determined by the local authorities. Page 32 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Social Management and Regulation of Street Vending) Rules, 2016 Scheduled Castes and the Protects Scheduled Castes/ Tribes against offences Secures the vulnerable Scheduled Tribes or atrocities, provides for special courts of trial for communities (SC/ST) (Prevention of Atrocities) such offences and for the relief and rehabilitation of from exploitation or Act, 1989 victims of such offences. It also prevents against discrimination and wrongful dispossession of a SC/ST member from provides legal remedy their land or premises or interference with enjoyment against state or of rights over land or water resources, any forceful private action to removal/causing alienation from their house, village alienate them from or place of residence. resources owned/ accessed by them. Assam Scheduled Castes Provides for reservation of vacancies in government Applicable in cases of and Scheduled Tribes services and posts for ST and SC persons. As per augmentation of staff (Reservation of Posts in the Act, seven percent of the posts in each cadre through direct Services) Act, 1978 shall be reserved for the candidates belonging to SC, recruitment. ten percent for ST (Plains) and five percent for ST (Hills). Persons with Disabilities Sections 44, 45 and 46 of the Act categorically Bridge infrastructure Act, 2016 provides for non-discrimination in transport, non- planning will be discrimination on the road and non-discrimination in required to adhere to built environment respectively. universal design principles, ensuring accessibility for all. Sexual Harassment of Protects women workers from sexual harassment Recognizes the need Women at Workplace and abuse of power at their workplace and provides for legal protection of (Prevention, Prohibition, for constituting an Internal Complaints Committee in women workers and and Redressal) Act, 2013 every organization employing 10 or more workers, employees against including women, to investigate complaints of sexual abuse, exploitation in harassment. Provides guidance on redressal against all government such complaints, including its internal investigation institutions. in a time bound manner. Maternity Benefit Act, The Act regulates the employment of women for Safeguards the 1961 certain period before and after childbirth and interest of all female provides for maternity benefit and other benefits in employees and Assam Maternity Benefits establishments employing ten or more persons, workers engaged Rule, 1965 except employees covered under the Employees under the program. State Insurance Act, 1948. There is no wage limit for coverage under the Act. National Commission for The Act authorizes the SCW to investigate and Safeguards the Women Act, 1990 examine all matters relating to the safeguards interest of women and provided for women under the constitution and other ensures Assam State Commission laws. SCW to present reports on working of the implementation of all for Women Act, 1994 safeguards to the State Govt. annually as well as laws related to other times as it may deem fit. women. Inter-State Migrant To regulate the work conditions of migrant workers To prevent unfair Workmen (Regulation of from other states and is applicable to establishments wages and Page 33 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Social Management Employment and employing 5 or more migrant workers; provides for exploitation at the Conditions of Service) Act, certain facilities like housing, medical aid, travelling hands of middlemen, 1979 expenses from home up to the establishment and especially in sectors back. employing outsiders. Inter-State Migrant Also relevant, since Workmen (Regulation of state has highest Employment and proportion of migrant Conditions of Service) laborers. Assam, Rules, 1981 Minimum Wages Act, 1948 The Act is responsible for statutory fixation of It ensures that the Assam Minimum Wages minimum rates of wages. It states that no employer interest of all workers Rules, 1952 shall pay to workers in certain categories of pertaining to wages employments, wages at a rate less than the minimum are safeguarded. wage prescribed by notification under the Act. Equal Remuneration Act, Provide equal remuneration to men & women It prevents gender 1976 workers and prevents discrimination against women discrimination in in matters of employment. employment Employees Compensation This Act ensures a simple, speedy and effective It provides social Act, 1923 remedy for disablement, death or disease of assistance against any employees: a. The employer is liable to pay incident/ accident. compensation to an employee or his/her dependents when; b. Personal injury or disease or death has been caused to an employee; c. Personal injury or death has been caused because of an accident or occupational disease; and d. Accident or disease has taken place during the course of the Employee’s employment. Contract Labour The Act regulates the employment of contract labour APWRD has the (Regulation and Abolition) in certain establishments. Act prevents exploitation responsibility of Act, 1970 of contract labour and also introduces better ensuring that conditions of work. A workman is deemed to be contractors hired are Assam Contract Labour employed as contract labour when he is hired in complying with these Regulation and Abolition connection with the work of an establishment by or provisions. Rules, 1971 through a contractor. The Building and Other The Act regulates the employment and conditions of APWRD has the Construction Workers service of building and other construction workers responsibility of (Regulation of Employment and provides for their safety, health and welfare ensuring that and Conditions of Service) measures. contractors hired are Act, 1996 . complying with these provisions. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Assam Rules, 2007. Assam Private Placement The Act regulates private placement agencies Agencies responsible Agencies for Recruitment established in Assam engaged in the business of for supplying workers Page 34 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Social Management of Workers (regulation) providing/supplying unskilled, semi-skilled, skilled to contractors or the Act, 2019 and highly skilled workers to any persons, department must establishment, government department, etc. comply with the provisions of this Act. Right to Information Act, Empowers citizens to demand information on Ensures transparency 2005 functioning of public systems if it impacts their lives and accountability in or is of public interest. Offers rights-based the govt operations framework under which citizens get a legal tool with and citizen’s access to which to demand accountability and explanation public information. from all/any public authorities; designates a Public Information Officer in all public offices to provide info; creates State /Central Information Commissions (statutory) to look into appeals regarding unsatisfactory information provided to citizens or unclear interest in demanding information. Citizen Charter for PWRD The charter includes the vision and mission Ensures transparency statement of the Department, along with its and accountability in objectives and functions. It details out grievance the govt operations redressal mechanism and officials to reach out to for and citizen’s access to seeking any feedback. public information. The review of RFCTLARR Act, Rules and Assam Land Purchase Policy indicates that adequate legal safeguards are in place to ensure management of land acquisition or resettlement related impacts of titleholders. The Assam Land Purchase Policy provides for 25% additional compensation, computed as per the requirements of Sections 26-30 of the RFCTLARR Act, 2013, in lieu of R&R benefits. Although, there are no national and state legislative provisions related to R&R benefits for non- titleholders in government land, who may be affected during the construction and upgradation of bridges. Given these risks, the APWRD will adopt an Environmental and Social Management Framework (ESMF), and Indigenous Peoples Policy Framework (IPPF) embedded in the ESMF, and Resettlement Policy Framework (RPF) that aligns with the national/state laws and International good practices⸻ bridging the existing policy gaps. The frameworks will guide the preparation of all the APWRD investments irrespective of source of funding. All laws and policies to safeguard the welfare, health and safety of workers are in place and adequate. On review of existing bid documents of APWRD, it was noted that mandatory compliance of labour laws is embedded in the contract/bid documents of the contractors and consultants. The central government recently enacted the four Labour Codes, namely, the Code on Wages, 2019; the Industrial Relations Code, 2020 (IR Code); the Code on Social Security, 2020 (SS Code) and the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). Since “labour� is a subject in the Concurrent List of the Constitution of India, the power to make rules has been entrusted to the Central as well as the State Governments. As a step towards implementation of the four Labour Codes, the Government of Assam has pre-published the draft Rules, inviting comments of all stakeholders.13 Once comments are sought and the Rules finalized, it will be placed before the 13 https://labour.gov.in/sites/default/files/PIB1842615.pdf Page 35 of 101 Cabinet for approval and then laid before the legislature for enactment. Until then, the existing Labour welfare laws are binding. Further, adequate legislative and regulatory frameworks are in place at the Central and the State level to secure the interest of marginalized communities (e.g., ST/SC Atrocities Act, Assam ST/SC Reservation Act, Persons with Disabilities Act, etc.), Provisions are also in place to provide safety, security and legal support to women against gender-based violence, sexual exploitation and abuse in the workplace (e.g., Sexual Harassment at the Workplace Act, Assam State Commission for Women Act, IPC, CrPC, etc.). Overall, the assessment revealed that applicable national and state laws and policies provide adequate safeguards to manage social risks that emerge from the proposed operation. Environmental Policies, Rules, and Regulations The Ministry of Environment, Forest and Climate Change (MoEF&CC) and the pollution control boards (CPCB - Central Pollution Control Board and SPCBs - State Pollution Control Boards) together form the regulatory and administrative core. Other Ministries/Statutory Bodies/Departments responsible for ensuring environmental compliance and granting various clearances includes state ministry /dept. of environment, regional offices of MoEF&CC and state forests/wildlife departments. A brief of the likely to be applicable rules and regulations are described in subsequent section. The standards included in the various legislations will have to be adhered. In order to meet these legal requirements on environmental risk management, the implementing agency along with their appointed consultants, and contractors are able to address the regulatory requirements. However, gaps exist with respect to the enforcement of the regulations as also been highlighted in the stakeholder consultations that contractors in many cases fail to effectively adopt and implement EMP measures. Name of law/policy Relevant provisions of the Act/ Policy Relevance for Environmental Management EIA notification As per the EIA notification, ““We hold that The sub projects are most likely to not construction of a bridge or similar activity fall under the prior environment covering a build-up area >=1,50,000 sq. clearance requirements due to the mtrs. and/or covering an area of >50 scale and size of the projects. hectares, would be covered under Entry There are only certain procedural 8(b) of the Schedule to the Regulations of requirements such as obtaining 2005�. consents prior to the commencement of civil works. Environment Enacted with the objective of providing for The existing government institutional Protection Act 1980 the protection and improvement of the setup to address environmental and and its subsequent environment. It empowers the Central social impacts in the transport sector amendments Government to establish authorities comprises institutions at both central, charged with the mandate of preventing state, and local levels in Assam environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the Page 36 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Environmental Management country. Various rules are framed under this Act for grant of environmental clearance for any developmental project, resources conservation and waste management Air (Prevention & The Air (Prevention & Control of Pollution) PUC certificates for vehicles; cement Control of Pollution) Assam Rule, 1991, framed under Air batching plants; stone crushers. Act 1981 (Prevention &Control of Pollution) Act, Consent to Establish (CTE) &Consent to 1981.The Air (Prevention & Control of Operate (CTO) Pollution) Amendment Act, 1987. Water (Prevention This is an Act of the Central Government of Consent to Establish (CTE) & Consent and control of India that Assam has signed onto. It to Operate (CTO) pollution) Act 1974 directed the creation of the State Pollution Control Board, Assam. Noise Pollution In the late 1990’s, the government Applicable due to generation of noise (regulation and decided to come out with a separate during construction and operation control) Act 1990 legislation solely focusing on noise stage pollution. Noise Pollution (Regulation and Control) Rules, 2000 divided all areas into four categories, i.e., Industrial; commercial areas; residential areas and silence zones. Construction and To promote an integrated approach, Applies to all those wastes resulting Demolition Waste whereby environmental management of from Construction, remodeling, repair Management Rules, construction and demolition waste is given & demolition of any civil structure. 2016 due consideration throughout the duration of the project and approach towards reducing environmental impacts. Wildlife Protection Amended 2003 was enacted with the No sub projects would be considered Act 1972 and 1993 objective of effectively protecting the which fall under the national parks, and wildlife of this country and to control sanctuaries and buffer zones around poaching, smuggling and illegal trade in these eco sensitive zones wildlife and its derivatives. It defines rules for the protection of wildlife and ecologically important protected areas. Forest Enacted to help conserve the country's No sub projects shall be considered (Conservation) Act, forests. It strictly restricts and regulates the under the proposed Program for 1980 & Forest de-reservation of forests or use of forest results WB funding falling within Conservation Rules land for non-forest purposes without the designated forest areas. prior approval of Central Government. To this end the Act lays down the pre- requisites for the diversion of forest land for non-forest purposes. Biological Diversity An Act to provide for conservation of No sub projects would be considered Act 2002 & biological diversity, sustainable use of its which fall under any critical biodiversity Biological Diversity components and fair and equitable sharing rich area, national parks, wildlife rules 2004 of the benefits arising out of the use of sanctuaries, conservation reserves, biological resources, knowledge and for community reserves, biosphere Page 37 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Environmental Management matters connected therewith or incidental reserves, world heritage sites and thereto. other forest areas. Assam Forest A regulation to amend the law relating to Regulation forests, forest produce and the duty (Amendment) Act leviable on timber in Assam. 1995. Assam Government To constitute a Fund for the purpose of The recent NGT notification for Guidelines for Compensatory Afforestation to be raised compensatory afforestation is being compensatory against the Forest Area diverted for non- followed. As per which it is 1 to 10 afforestation 2000. forest use under the provisions of Section ratio. 4(1) of the Forest (Conservation) Act, 1980 and to make the following rules for regulating the operation of the said fund Assam Forest Policy To ensure progressive sustainable The mega-biodiversity existence in 2004 development of the forests of Assam, to Assam will be protected and developed meet the twin objectives of environmental with the active involvement of the stability and ecological balance together communities. with improved livelihood support system for her people. Assam State water To achieve a holistic management of water To ensure no project activities policy 2007 (Draft) resources though decentralized but adversely impacts the water resources coordinated planning of water resources. and where required applicable mitigation measures as per the mitigation hierarchy are implemented. Assam Public works The act provides for the regulation of road Applicable during the operations stage (regulation of road development and road transport to ensure to ensure no encroachments along the development and maximum efficiency and prevention of road corridor or near bridge locations. road transport) Act ribbon development along roads and 2010 prevent unauthorized encroachments on roadways in the state of Assam. Ozone depleting The production of ozone-depleting gases substances is regulated under a 1987 international (regulation and agreement known as the “Montreal control) rules, 2000 Protocol on Substances that Deplete the Ozone Layer� and its subsequent Amendments and Adjustments. Hazardous waste Protection to public against improper Permissions for storage of hazardous management handling storage and disposal of chemicals and disposal of hazardous (handling and hazardous waste. The rules prescribe the waste. transboundary management requirement of hazardous movement) rules, wastes from its generation to final 2016 disposal. E-waste To manage the E-waste but not covering Not Applicable management and lead acid batteries and radioactive wastes. handling rules 2011 Page 38 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Environmental Management Ancient Monuments Area within the radii of 100m and 300m Permissions / NOC from the & Archaeological from the “protected Property� are Archaeological Survey of India in case Sites and Remains designated as “protected area� and of sites protected by ASI Act, 1958 “controlled area� respectively. No development activity (including building, mining, excavating, blasting) is permitted in the “protected area� and development activities likely to damage the protected property is not permitted in the “controlled area� without prior permission of the Archaeological Survey of India (ASI). The scheduled tribes The main objective of the Act is to Forest dwellers or tribal people use and other traditional recognize the rights of the forest dwelling forest produce for their livelihood. They forest dwellers tribal communities and other traditional live in forest areas in 'tribal hamlets' (Adivasi padas). The act shall be (reorganization of forest dwellers to forest resources for applicable if any of the sub projects is forest rights) Act livelihood and habitation. The Ministry of likely to impact such communities. 2006 the Central Government dealing with Tribal Affairs, or any officer or authority authorized by the Central Government in this behalf shall be the nodal agency for the implementation of the provisions of this Act Assam (Control of Tree plantations raised on non-forest land The EMP provisions shall ensure that felling and removal need to be registered and felling no tree felling is undertaken in non- of trees from non- permissions from the forest department forest areas without prior and necessary approvals from the forest forest lands) Rules would be needed except for certain department. 2002 category of trees i.e., Aam, Jamun, Kathal, Eucyplutus, Popular, all species of home- grown bamboo, Leteku, Paniol, and Madhuriam Public Liability and Protection from liability arising due to Undertake insurance policies providing Insurance Act 1991 accidents from handling of hazardous for contracts of insurance to insure chemicals. against liability to give relief, before handling any such hazardous material Explosives Act 1984 Safe transportation, storage, and use of Not Applicable as no explosive (as & Explosive Rules explosive material described in act & rules) would be used 2008 (for storage of in the construction and operation stage diesel, bitumen) of the project. Wherein applicable, license would be required for storage of petroleum products exceed 45000 L in bulk. The Mines and The act to provide for the development and The EMP provisions shall ensure that Minerals regulation of mines and minerals under the all quarry materials are procured from (Development & control of the union. licensed mining areas only under the project. Ensure that appropriate Regulation) Act measures are in place to address 1957 environmental, social, health and safety Page 39 of 101 Name of law/policy Relevant provisions of the Act/ Policy Relevance for Environmental Management risks and impacts from quarry exploitation. Assam Minor For grant of mining permit for quarrying of Permissions for sand mining from the Minerals any minor minerals by any agency for any riverbed and permissions for opening Concessions Rules project / works shall be made to the new quarry 1994 competent authority. The existing regulatory framework on environmental aspects, forest, designated protected areas and pollution control acts and rules provide satisfactory provisions to manage the environmental impacts of the proposed program. While the systems are in place, the enforcement need to be further strengthened. To further strengthen the environmental safeguard compliance, provision of additional environmental specialist at division offices, the contractor to have an environmental specialist along with the adequate environmental capacity with the ESMU team are proposed. This Program offers the opportunity to strengthen environmental performance by introducing the international best practices during the project preparation, implementation stages. The identified gaps in the subsequent sections will need to be addressed in the context of the program activities. Page 40 of 101 INSTITUTIONAL CAPACITY ASSESSMENT Under this Program for Results (PforR), the Public Works and Roads Department, GoA is the nodal department for implementing the program. This section seeks to assess the available systems, processes, procedures, capacities, and performance of the APWRD. The assessment covers those institutions that have an implication on the program, e.g., Revenue Department, that administers, controls, and regulates the activities and functions related to land ownership, land revenue and land transfer. Similarly, Department of Environment and Forest, protects and safeguards the forest and wildlife in the state. The following sub-sections provide an assessment of the institutional capacities with regards to implementation of environmental and social safeguard requirements as per the country and state systems. National level Regulatory Institutional Systems Ministry of Environment, Forest, and Climate Change14 The Ministry of Environment, Forest and Climate Change (MoEFCC) is the nodal agency in the administrative structure of the Central Government for the planning, promotion, co-ordination and overseeing the implementation of India’s environmental and forestry policies and programs. Integrated Regional Office of the Ministry is present in Guwahati which serves the states of Assam, Nagaland and Arunachal Pradesh. The primary responsibility for administration and implementation of the GoI policy with respect to environmental management, conservation, ecologically sustainable development, and pollution control rests with the MoEF&CC. Ministry of Road Transport and Highways15 The Ministry is entrusted with the task of formulating and administering, in consultation with other Central Ministries/Departments, State Governments/UT Administrations, organizations and individuals, policies for Road Transport, National Highways and Transport Research with a view to increasing the mobility and efficiency of the road transport system in the country. The Ministry has two wings: Road wing and Transport wing. The road wing extends technical and financial support to State Governments for the development of state roads and the roads of inter-state connectivity and economic importance. Ministry of Labour and Employment16 The main responsibility of the Ministry is to protect and safeguard the interests of workers in general and those who constitute the poor, deprived and disadvantaged sections of the society with due regard to creating a healthy work environment for higher production and productivity and to develop and coordinate vocational skill training and employment services. These objectives are sought to be 14 https://moef.gov.in/en/ 15 https://morth.nic.in/about-us 16 http://www.labour.nic.in/ Page 41 of 101 achieved through enactment and implementation of various labour laws, which regulate the terms and conditions of service and employment of workers. The State Governments are also competent to enact legislations, as labour is a subject in the concurrent list under the Constitution of India. The implementation of labour laws is necessary under the proposed construction activities in the Program. Ministry of Social Justice and Empowerment17 The Ministry of Social Justice and Empowerment is entrusted with the welfare, social justice and empowerment of disadvantaged and marginalized sections of the society viz. Scheduled Castes, Backward Classes, Persons with Disabilities, Aged persons etc. the basic objective is to bring the target groups into the mainstream of development by making them self-reliant. The Ministry is also the nodal agency to oversee the interests of Scheduled Castes. State level Regulatory Institutional Systems State Environment Impact Assessment Agency The State Environment Impact Assessment Authority (SEIAA), Assam under the MOEF&CC provides Environmental clearance under the provisions of EIA Notification 2006. State Environment Impact Assessment Authority (SEIAAs) are very important arm of the Ministry for implementation of EIA Notification at the State level, and they have been delegated powers to consider and grant environmental clearance (EC) for all proposals under Category B. SEIAA has complete freedom to do all necessary due diligence before taking decision on project without worrying about the timeline. The EIA Notification provides a period of 105 days for granting EC which includes 60 days for appraisal and 45 days for decision by regulatory authority. Department of Environment and Forests, Assam The Mission of the Department of Environment and Forests, Assam is to protect and improve the environment, to safeguard the forests and wildlife of the State, to preserve and add new dimensions to the rich heritage of our composite culture, to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures. It also encompasses opening the forestry sector for income and employment generation among our people while conserving the priceless biodiversity of the State. Pollution Control Board, Assam State Pollution Control Board, Assam is an autonomous statutory organization constituted on 2nd June 1975 under the provision of section 4 of the Water (Prevention & Control of Pollution) Act 1974 with a view to protecting the environment and preventing and controlling the pollution of water and air in the State of Assam, occupying a prominent niche in progressive and industrial development of the country. 17 https://socialjustice.gov.in/ Page 42 of 101 The primary activities, functions and responsibilities are based on as per provisions of the Acts & Rules, and the board has been performing Comprehensive program on Water, Air, Land etc., Pollution Control and Execution thereon; Issue of N.O.C. and Consent to industries and other development projects; Monitoring of industrial/trade effluents, water bodies, air and soil, and laboratory analysis thereon and Monitoring of industrial/trade effluents, water bodies, air and soil, and laboratory analysis thereon among other activities. State Climate Cell, Assam Science Technology and Environment Council State Climate Cell is required to formulate policies, action plan and prioritize research activities and actions in the subject of weather and climate. The climate cell will generate proper understanding and awareness about the weather and climate, the factors causing their changes, etc. keeping local contexts in view, and will also help in formulating actions while implementing the National Action Plan on Climate Change formulated by Government of India. Assam State Biodiversity Board In exercise of powers conferred under sub-section (I) of Section 22 of the Biological Diversity Act, 2002 (Act 18 of 2003), the Government of Assam constituted the “Assam Biodiversity Board� on 29th September 2010 to promote biodiversity conservation in the State of Assam, sustainable use of its components and equitable sharing of benefits arising out of the use of biological resources of the state and traditional knowledge associated with these resources and matters incidental thereto or connected therewith. The Ministry of Environment Forest & Climate Change, New Delhi have notified 7 plant species and 7 animal species of Assam as Threatened Species under section-38 of the Biological Diversity Act 2002, based on proposal of the Board. The Protected Area Network in Assam occupies 3925-sq. km. area and constitute about 5 % of the State’s geographical area. The PAN includes 5 National Parks and 17 Wildlife sanctuaries as well as 3 proposed Wildlife Sanctuaries, 4 Tiger Reserves, 5 Elephant Reserves, 2 Biosphere Reserves and 2 World Natural Heritage Sites and they play very important role in in-situ conservation of biodiversity. Revenue and Disaster Management Department18 The Land Acquisition Branch of the Department deals with acquisition of land for various public purposes in the State. The Branch accords approval to the land acquisition proposals received from the Deputy Commissioner/ Collector of concerned District routed through the Requiring Department/Body. On receipt of requisition for acquisition in connection with a public purpose/project from a Requiring Body, Deputy Commissioner/ Collector sends the land acquisition proposal to the Revenue & DM (LR) Department for seeking necessary approval. The department is relevant in terms of land procurement for the proposed investments under the program. Labour and Employment Department19 The Labour & Employment department is responsible for administration of all labour laws on various subjects related to labour welfare. The department officials maintain statistics, resolve industrial 18 https://landrevenue.assam.gov.in/portlets/land-acquisition 19 https://labourcommissioner.assam.gov.in/about-us/detail/functions-and-objectives-19 Page 43 of 101 disputes, safeguard the interest of labour and consumers, responsible for monitoring of welfare boards and taking measures to eradicate child and bonded labour, among others. The department plays a vital role in ensuring that all compliances related to labour laws are met by the establishments. Directorate of Welfare of Plain Tribes & Backward Classes / Department of Tribal Affairs (Plain) The nodal agency for formulation and implementation of policies and programs for welfare and development of the Scheduled Tribes, Scheduled Castes and Other Backward Classes in the State. The Department is vested with the responsibilities of implementing the provisions of the Assam SC/ST Reservation Act, 1978 as amended in 2012 and Rules framed there under. The department is responsible for implementation of Forest Rights Act, 2006 in the State, which may be applicable under the program. The Directorate facilitates as a mediator of the requirements of the people belonging to the backward sector to the Govt. and simultaneously delivers/ implements any such grants sanctioned by the Govt. with the help of its various sub-ordinate offices, Councils, agencies, etc. Autonomous Councils The various autonomous councils constituted by the state government includes Statutory Autonomous Councils constituted under State Act and Territorial Councils under Sixth Schedule of Constitution. The Govt. of Assam have been taking various steps to accelerate development process for the welfare of ST in the State through democratic decentralization of power and empowering ST to participate in the planning, monitoring and implementation of TSP schemes in grassroot level by constituting Territorial Councils, Autonomous Councils and Development Councils for different ST communities in the State. Organization and Program Structure The APWRD is responsible for all matters pertaining to development and maintenance of the state road infrastructure including roads, bridges, and culverts, and will be the anchor institution for the program. The Department currently has three Directorates i.e., ✓ PWD (Roads), ✓ PWD (Border Roads and NEC Works) and ✓ External Aided Projects (EAP), PWRD headed by their respective Chief Engineers. The PforR operation will be anchored in Assam Public Works (Road) Department (APWRD) under the Directorate of EAP, PWRD. The department has 69 Divisional Offices and 164 Sub-Divisional Offices. Besides there are 6 state Quality and Monitoring Sub-Division under Director ARRTI. The No. of divisions in sixth schedule areas are 16 (sl 54 to 69) and sub-division 40 (sl 125 to 164). The department implements the works through contractors with funds provided by the Government of Assam / Government of India and implements Externally Aided Projects funded by The World Bank, AIIB, ADB, NABARD and other multilateral agencies. Some of the major schemes implemented by the department include Pradhan Mantri Gram Sadak Yojana (central government scheme with funding Page 44 of 101 from WB/ADB in various states), Mukhyamantri Pakipath Nirman Achani (state government funding), Mukhyamantri Pakipath Dolong Nirman Achani (state government funding), Asom mala under SOPDG (State’s Own Priority Development General); Assam SASEC Corridor Connectivity Improvement Project (ASCCIP); Assam State Roads Project (WB funded) and Assam Urban Infrastructure Investment Program (ADB funded). Assam Secondary Road Network Improvement Project (ASRIP) is an ongoing externally aided project funded by AIIB for improvement and upgradation of State Highways (SH) and Major District Roads (MDR) of about 250 km. For externally aided projects, the respective multilateral agency guidelines / policies and performance standards on the environmental and social safeguards are implemented and its monitoring is undertaken as per the multilateral agency requirements. Most of the externally funded projects are supported by a dedicated PMU team (staffed with adequate manpower for the project duration) However, for the state funded projects, the implementation of the environmental and social safeguards, including monitoring lacks in terms of its overall coverage, staff availability as explicated in the subsequent sub sections. Institutional Structure for the program The Assam Public Works and Roads Department was established in the year 1880 under British Rule. At the beginning it had the responsibility for all public infrastructure development, construction, and maintenance work, but, in the year 1956 the Embankment and Drainage wing came out of the parent Department and established as an independent Department. The department has undergone considerable expansion since after attainment of independence and for smooth functioning of the organization, to share the increasing workload and for providing more stress to development works, the Assam P.W.D. has been divided into two wings viz. Roads and Building wings in August 1977 and since then both the wings are functioning with their prescribed identity. The principal function of the Public Works Department is to develop the infrastructure for transport & communications of the State. Assam P.W.D. discharges its function in construction and repair of roads, bridges, culverts in the state including construction and repair of public buildings of the state and till date it has reached a considerable height of fame and competence. The Assam P.W.D., comprises double staged organization at the headquarter level. One is the Secretariat & the other is Directorate. The Secretariat is headed by a Commissioner & Spl. Secretary and a Secretary. They are assisted by an OSD in the rank of Chief Engineer, four Deputy Secretaries and seven Uder Secretaries from Assam Engineering Service and one Under Secretary from Sectt. Administrative Service. The below Figure presents the organization structure at the secretariat level Page 45 of 101 Special Commissioner & Special Secretary, PWRD Officer-on Special Special Secretary Secretary PWRD Duty P.W.D. (OSD) PWRD Deputy Deputy Secretary Secretary Deputy Secretary Deputy Secretary (Works) (Audit/Materials) (Planning & Budget) (Establishment and Confidential) Under Under Secretary Secretary Under Under Under Under (Assam Secretary Under Secretary Secretary (Bills) (Communications) Secretary Secretary PWD) (Audit) (Planning) (Buildings) (Establishment) Senior Financial Advisor Senior Research Officer The below Figure presents the organization structure at the directorate level Within the Directorate, there are six zonal offices headed by the Additional Chief Engineers under CE (Roads). Further to that there are twenty circle offices headed by the Superintending Engineers (SE). In addition to these there are six independent cells i.e., Traffic Engineer Cell; Preregistration training cell; Research development and quality promotion cell; Statistics and Metric Cell; Assam Road research and training institute; and Section assistant training center. Division offices in each circle Page 46 of 101 are headed by the Executive Engineer (EE) and supported by two/three sub divisional officers (SDO) covering the entire state of Assam. Division offices are assisted by Assistant Engineers (AE) and Junior Engineer (JE). Office of the Chief Engineer (EAP), PWRD (Anchor Department for implementation of the Program for Results under the World Bank funding) currently has a total of 39 employees (permanent as well as contractual) of which 30 are male and the remaining 09 are female employees. The table below presents detailed account of organization structure and staffing for EAP (Chief Engineer). Sr. Name of the post Sanctioned No. of employees No. of Male/Female No. posted against employees against these sanctioned post post Male Female 1 Chief Engineer, (EAP), PWRD 1 1 0 2 Superintending Engineer 1 1 0 3 Executive Engineer 4 2 2 4 Assistant Executive Engineer 4 2 2 5 Deputy A/O 3 3 0 6 Assistant Engineer 4 1 3 7 Junior Engineer 2 0 2 8 Office Peon 1 1 0 Contractual Official / Staff 9 OSD (EAP) 1 1 0 10 Environment Specialist 1 1 0 11 Graduate Civil Engineer 4 4 0 12 Office Executive 1 1 0 13 AutoCAD Expert 1 0 1 14 IT Support Assistant 1 1 0 15 MIS Executive 3 3 0 16 Office Assistant 1 1 0 17 Personal Assistant 1 0 1 18 Network Engineer 1 1 0 19 Office Assistant 1 1 0 20 Office peon 1 1 0 21 Office peon cum Cleaner 1 1 0 22 Office Security 1 1 0 23 Driver 2 2 0 Staff to manage Social and Environmental Risks Currently, the department has an Assistant Executive Engineer (AEE) with additional responsibilities at the EAP office to manage and review performance of all its projects on land requirement, adverse Page 47 of 101 impacts on individual and communities, tribal rights, health and safety of host community, labour welfare, gender, and other social lens. In addition, there are no staff designated to manage social risks and impacts at the Divisional level. The ESSA study identified the need for augmenting relevant internal capacities of the organization by recruiting a full-time Social Specialist, Gender Specialist and Labour Specialist at the EAP office on priority to attend to compliance, regulatory, operational as well as capacity enhancement activities. The suggested terms of reference for this position are included in Annex 4 The assessment also found the need to designate social staff at the divisional level, for field level monitoring and supervision. For the environmental safeguard compliance, an Executive Engineer (EAP) has been designated as a nodal environmental officer and is responsible for ensuing environmental compliances as per the MoEF / State regulatory requirements and ensuring EMP implementation and monitoring for various externally funded ongoing projects. He is supported by an Environmental Specialist (contractual posting). Based on the consultations conducted with the APWRD officials and the scope of the proposed P for R program, there is a need for augmenting the capacity of the organization by recruiting environmental safeguard specialists (one senior environmental specialist at EAP headquarters) supported by one junior environmental specialist and one OHS specialist with requisite qualifications & experience. This additional manpower arrangements will help address the clients limited capacity to implement a program. Considering the scope of the proposed Program, the likely environmental impacts, proposed arrangements for Supervision Consultants along with recruitment of the above-mentioned environmental professionals are critical to augment the APWRD’s capacity. The specialists recruited for E&S management will be housed in the newly formed ‘Environment and Social Management Unit’ at the Chief Engineer (EAP) Department level. The full-time positions at the ‘Environment and Social Management Unit’ at the state level and deputation of environment and social staff at the divisional level should suffice to meet the additional activities under the GoA and Bank’s Program. 1.1.1.1. Contractual Staff DPRs for the Program bridges (i.e., 1099 approximately) are being prepared by four shortlisted consultancy firms. Once the DPRs are prepared, bid documents will be prepared for onboarding the contractors. The packages have been divided into four groups, for which four DPR consultancy firms are already onboard as detailed below: Group A consists of 315 bridges spread across 10 districts, Group B consists of 214 bridges spread across 10 districts, Group C consists of 265 bridges spread across 7 districts and Group D consists of 305 bridges spread across 9 districts. . Field investigations has been completed for majority of the bridges falling under Group A, B and C and design works along with E&S screening is being undertaken by the DPR consultants’ team. The Group D is yet to start the works as the contract has been recently awarded. The E&S screening will be undertaken by the DPR consultants as per the agreed checklist, and methodology adopting the exclusion criteria. Page 48 of 101 Supervision of bridge construction works, and subsequent maintenance works will be carried out by the field offices. Construction Supervision Consultants will also be brought in for supervision and reporting on construction activities. The Bridges Division under APWRD will prepare TORs for the resilience building initiatives, and it will monitor the consultancy and technical assistance services. The PMU on the other hand will prepare TORs for the institutional strengthening consultancy services and review and approve reports. The achievement of the results and compliance to the Fiduciary and Environmental and Social (E&S) requirements will be verified by an Independent Verification Agent (IVA). 1.1.1.2. Reservation for SC/ST/OBC and Women The state has a system of reservation for marginalized social groups (especially Scheduled Castes- SC, Scheduled Tribes-ST, and Other Backward Castes- OBC). The percentage of reservation for filling up vacancies in cases of direct recruitment in Group 'C' and Group 'D' Services shall be seven percent for SC, twelve percent for ST and twenty seven percent for OBC, that is likely to ensure jobs and promotion for staff from vulnerable groups in the organization. Furthermore, as per the Assam Women (Reservation of Vacancies in Services and Posts) Act 2005, thirty percent of the vacancies in respect of all appointments to the services and posts in the establishment which are to be filled up by direct recruitment shall be reserved for the women candidate. While the department will gradually be able to ensure thirty percent reservation for women employees (currently it stands at twenty three percent at the head office), their presence is largely concentrated in the subordinate services, with very few occupying senior and leadership roles. The program needs to create opportunities for women employees to occupy decision making roles in the institution. Setting up of an Environment and Social Management Unit within the department will also provide an opportunity to explore creating and institutionalizing specific social capacities around gender and social inclusion. Budgetary Allocations There are no separate and dedicated budget allocations for environmental and social management activities, on-job training / capacity building initiatives. These are incidental as per the externally funded project requirements. For most of the externally aided projects, a dedicated E&S staff / Program Management Consultant (PMC) has been established to ensure adequate monitoring and implementation of mitigation / enhancement measures. Social Management Systems 1.1.1.3. Land and Livelihood Impacts The assessment revealed that construction/upgradation of bridge infrastructures and approach roads under the Program may lead to minor permanent and/or temporary restriction and use of private parcels of land/encumbered government land, resulting in physical and economic displacement of Page 49 of 101 local communities or individuals. 20 The APWRD will start with bridges involving limited E&S and technical issues, and gain experience “by doing� and get better as complexity escalates and is able to demonstrate resettlement practices consistent with PforR core principles. Further, study revealed that land acquisition warrants a great deal of coordination among different government departments and agencies. In the past, the APWRD has prepared Resettlement Policy Framework (RPF) and resettlement plans and engaged NGOs for land acquisition and resettlement activities in most of their externally aided projects (Asom Mala, Assam State Roads Project, etc.), to meet the requirements of respective funding agencies. However, the implementation completion and results (ICR) report for World Bank financed Assam State Roads Project revealed that there were some delays in disbursement of compensation, largely due to absence of land records in the district administration, inadequate inter-departmental coordination, and lack of manpower in APWRD for overseeing land acquisition at the initial stages of the project. Thus, it can be concluded that there are no uniform systems and processes in place to monitor land acquisition and resettlement processes in APWRD. Further, as already noted in the legal framework chapter while laws and government notification exist on land acquisition and purchase, there are certain policy gaps which needs to be addressed. To bridge policy gaps, and improve systems and procedures on land management, the PForR will support E&S impact assessment and management including development of borrower’s ESMF and RPF that aligns with country laws and good international industry practices (GIIP). The ESMF and the RPF will subsequently apply to the whole of government’s program. The ESMF/RPF will include the screening criteria to avoid financing of any High E&S risk subprojects under Bank’s Program. An agency has been engaged to prepare the resettlement framework and plans (wherever needed) for all potential sites, to mitigate any land and livelihood related risks. 1.1.1.4. Stakeholder/Citizen Engagement In externally aided projects such as the World Bank financed Assam State Roads Project and AIIB funded Asom Mala project, public consultations by the APWRD are carried out during screening and DPR preparation to inform the community about the project, the possible impact, and its timelines. Further, during preparation/implementation of Resettlement Action Plan (RAP), external agencies/NGOs have been hired to carry out consultations with displaced persons and families, especially women headed households and affected tribal households during the land acquisition process. These provisions have been built into the RFCTLARR Act and E&S policy requirements of multilateral agencies. The APWRD also has a citizen charter in place which specifies the need to reach out to officials (Executive Engineer at the District level/ Supervision Engineer at the Circle level/Additional CE at the Zonal level) in cases of any queries or feedback. 20 The findings from the social screening of 1156 bridges proposed under PforR establishes that approximately 54 ha of private land and 2250 structures may be impacted across 450 bridges. Page 50 of 101 1.1.1.5. Grievance Redressal System APWRD has an online grievance submission system which can be accessed through the APWRD portal.21 The system generates a docket no. for each complaint received. The portal can file complaints related to LAR&R, corruption, administrative irregularity, progress delays, financial irregularity, and road quality, among others. However, in the last one year, no complaints were received and redressed by the department through the portal. Further, no staff and budgetary resources have been allocated to manage and maintain the backend system. Fig.__- Grievance portal in APWRD For externally aided projects, project specific GRMs are established wherein all types of grievances related to environment and social are accepted. For instance, under the Assom Mala project, Grievance Redressal Committees (GRC) has been constituted at the state and divisional level. The GRC at the state level comprises the APWRD Chief Engineer (EAP), Nodal Officer of Asom Mala, Officers in PMU dealing with LAR&R and Environmental issues, representatives from Panchayat/ZP/District Council, representatives from the PIU, representatives from the Forest Department, Pollution Control Board, and DM& Revenue Department. The GRC at the Divisional level consists of the APWRD Executive Engineer, Assistance Executive Engineer, representatives from Panchayat/ZP/District Council, women representatives from a relevant agency, representative from the vulnerable category (SC/ST), representative from the deputy commissioner’s office, and pollution control board. Discussions with the APWRD officials revealed that the timeframe within which grievances are mostly addressed varies on a case-to-case basis. However, a maximum of 30 days is fixed to settle the grievances. For EAPs, direct complaints related to LAR&R can also be addressed by RAP implementing Agency/NGO and local APWRD Divisions at the divisional and sub-divisional level, respectively. An Internal Complaints Committee (ICC) has also been constituted at APWRD to address grievances related to sexual harassment at the workplace as per the requirements of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The committee consist of a 21 https://www.apwd.in/apwrdportal/faces/pages_complaints?_adf.ctrl- state=32hztd0hg_4&_afrLoop=336274130383313 Page 51 of 101 female presiding officer, female member secretary and a male member. Till date, no trainings have been conducted for the ICC members and staff. Although, information on sexual harassment at the workplace (SHW) has been displayed at the APWRD office. 1.1.1.6. Employee and Labour Management Bid documents and contracts prepared by APWRD for civil works includes relevant E&S obligations and legal remedies related to labour standard compliance.22 However, there are no standardized mechanism/system in place to monitor and report on labour standard compliance during the construction phase. Labour standard compliances are only regulated in the externally financed projects. For instance, procedures and processes such as preparation of ESMPs, inclusion of E&S considerations in bidding documents, and E&S reporting during construction are instituted for labour management under the World Bank funded project and AIIB’s Assom Mala project. The bid evaluation process is carried out by the Bid and Consultancy Evaluation Committee. After their approval, the evaluated bid is sent to the High-level Committee for finalization (or acceptance). The High- level Committee is chaired by the Special Commissioner and members from Revenue, Environment, Finance and Planning Department and then sent to the Minister of Transport for approval. However, there are no parameters included in the evaluation process to assess if the Bidder has the requisite capabilities to manage environmental and social risks. Overall assessment: The APWRD has implemented several externally aided projects and is familiar with the funding agencies’ requirements to manage social risks. However, the department currently does not have in-house staff to manage social risks related to labour, community health and safety, land, and livelihood for its own programs. . Thus, augmentation of systems and procedures for monitoring, reporting, and building capacity on social screening, land management, labour standard compliance, gender, social inclusion, and citizen’s engagement including grievance redressal will be required by the APWRD to increase its E&S risk management capacity for the whole government program. An Environmental and Social Management Unit (ESMU) will be formed under the program. The hiring of the social, gender and labour compliance experts at the PMU have been initiated. Moreover, ESA and DPR Consultants have been onboarded which will undertake social impact assessment, prepare social management frameworks (ESMF-IPPF, and RPF-) and site-specific plans (ESMP, RAP and IPDP, wherever required) to assess and mitigate social risks and impacts related to land, livelihood, labour and inclusion. Further, the APWRD will begin with those bridges that involves limited E&S and technical issues, and gain experience as complexity escalates. The process for selection of bridges for construction, rehabilitation and upgradation for initial phase has considered social considerations, such as exclusion of potential sites resulting in high risks adverse impacts on affected people, particularly from the marginalized or vulnerable communities.23 22 (Appendices –I Salient Features of Labour Environment protection Law) 23 ToRs of Design of Major Bridges / Minor Bridges in the State of Assam under Assam State Bridge Infrastructure Program. Page 52 of 101 Environmental Management Systems The P for R program builds on the foundations of the policy and institutional reforms previously completed under the Assam State roads project with World Bank funding. The program will be implemented by the state APWRD which has prior experience in environmental and social safeguard requirements while implementing various projects funded by the multi-lateral agencies. However, the capacity constraints identified as gaps in the current study would be addressedunder the TA component. . The environmental risk rating is categorized as ‘Substantial’ for the proposed P for R program . The Program activities will have mostly short term, limited, and mitigatable impacts on environment mainly during construction phase and may result in community health and safety issues (i.e., traffic accidents) during construction and operation phases. The PforR financial instrument does not support activities within program that could cause significant harm to the environment, or which would have significant adverse environmental and social consequences. APWRD has been adopting the environmental management systems (including project monitoring & supervision activities) as per the respective program/s under various externally funded projects. However, for bridge works undertaken through internal funds, gaps exist with regards to the environmental management systems when compared to good international industry practices. It is assumed that majority of the bridge works proposed under the program will fall under the Category B2 and will not require a prior environmental impact assessment clearance and report as per the existing national regulatory framework. Based on the discussions and stakeholder interactions during the preparation of this document, highlights the following environmental risks:- Criteria Likely Contextual risk Institutional Political and Environmental factors capacity and reputational risks effects complexity risks Environmental Construction and Some of the sub APWRD lacks The WB P for R maintenance project locations human and Program will be activities – air would be financial financing 1184 and dust vulnerable to resources to bridges out of pollution; noise multiple hazards. monitor E&S 2647 bridges pollution and risks. The same under the vibration; surface need to government water pollution; strengthen program. drainage through congestion; establishing The E&S disruption to ESMU within screening for the aquatic flora and APWRD. year zero, 67 fauna including bridges has not fish; stockpiling been undertaken Page 53 of 101 construction under the material. internally funded program component. Alteration of Due to increased The high-risk sub hydro- frequency and projects will be morphological intensity of excluded from regime in extreme climate the Bank particular for events such as financing as per missing links & flooding, the exclusion washed-out landslides will criteria to reduce bridges; and lead to increased risks. Temporary risks / camps and vulnerability. drinking water & sanitation facilities will pose a health threat and nuisance to the workers Ratings Substantial Some of the focus areas requiring strengthening includes, stakeholder engagement, mandatory exclusionary criteria with an additional context specific environmental risk screening for mitigating adverse environmental impacts and ensuring climate resilience; integration of site specific EMP measures in bridge contracts to be undertaken under the PforR program. For the proposed PforR, APWRD already mobilized a consultancy firm to develop an Environmental and Social Framework and make it a guidance tool for the Program. The ESMF (will also include good international practice measures to guide the preparation of ESMPs, WBG EHS guidelines) will be supporting the E&S system of APWRD for screening the sub-projects, identify the scope of E&S assessment for sub-projects and guiding the selection of the sub-projects, define the stakeholder engagement and E&S document disclosure methods, preparing ESMPs for using in construction bidding documents and supervising/monitoring contractors during construction and staying compliant with international E&S best practices during operating the bridges. The ESMF will be integrated into the E&S system of APWRD and is expected to be implemented independent from the source of financing (international lending or national budget). The proposed bridge P for R program will strengthen the existing systems, build upon the previously developed GIS based RAMS system and further advance the BIS (Bridge Information system) as part of the RAMS. The actual bridge construction, rehabilitation and upgrading activities have been so chosen that they have limited environmental impacts, i.e., not in eco sensitive areas / forests and limited tree cutting. It is proposed to have additional support through external supervision consultants, who will be Page 54 of 101 available till the completion of the investment. The contractors engaged with these bridge works will have the environmental capacity to adhere to the EHS provisions in the bids / contracts. Review of the contract / bid documents To assess the borrower’s current practices and its performance and track record in terms of contract management related to E&S considerations, the Bank team reviewed the contract documents for road upgradation works under the Assom Mala project (one such contract being signed in Feb 2021, with contract value of INR Eight Hundred Twenty-Seven Million, Five Hundred Nineteen Thousand, One Hundred Seventy for a 24-month duration) and various other externally funded projects and though its internal financing. The project execution duration and defect liability were found to be varying among the various contracts under the Assom Mala project as was found during the review of another contracts. Most of the contracts reviewed involved improvement and upgradation of the existing road, construction of a new RCC bridge including the construction of new embankments in the realigned sections. The defect liability period is 365 days post-completion of the works. Some of the key environmental and social aspects covered include: • Personal injury and death cover for other people up to 25 lakhs and for employees as per the contract provisions. Additional insurance cover – defect liability insurance cover was also needed to be undertaken. • Contractor to ensure compliance with the labour regulations • Encumbrance-free site would be provided to the contractor in part s/phases. The contractor cannot make any claims for delayed possession and handing over of the site. • The contractor and his sub-contractors shall always abide by existing enactments on environmental protection and rules thereunder. • The EMP forms part of the contract. The EMP provisions are considered mandatory in nature and the contractor is contractually bound. However, the costs associated with carrying out the requirements are considered incidental to work. There are no provisions for imposing fines/penalties in case of non-compliance or failure to effective implementation of EMP provisions. • The contractor shall ensure adequate safety provisions at all work sites including COVID-19 precautions. • The ESHS (Environmental, Social, Health, and Safety) metrics are reported in the progress reports in some of the newly drafted contracts including a separate subsection (conditions of contract), but these provisions are not available in the old contracts. • The contractor shall also have a grievances mechanism for contractors’ personnel are also included in the new contracts. • Labour welfare provisions like first aid, accommodation with necessary sanitation facilities, drinking water, washing, and bathing facilities, rest shelters during work hours, creches, awareness of HIV-AIDS, anti-malarial precautions, child labor prohibition, prohibition of forced labor, a clause on non-discrimination and equal opportunity are included. Page 55 of 101 • Contractor to adhere to the applicable IRC codes / BIS and NBC as applicable for execution of the site preparation, material storage and waste disposal, quality control, traffic signages, road markings, and crash barrier works. The contract briefly describes the environmental safeguard’s compliance, however, the project site- specific details, details on the CPRs, and environmental enhancements are not detailed in the contract document. There is no reference to the stakeholder consultations or gender-sensitive approaches as per the contract agreement. The environmental and social safeguard provisions need to be strengthened under the PforR Program to align with the environmental and social safeguard requirements and international good practices while providing resilient bridge infrastructure. The review of multiple contracts under the Assom Mala (multilateral funding) and NABARD (Government of India) projects reveals that the environmental and social safeguards provisions are driven by the multilateral funding agency requirements and are not consistent in all the contracts. The NABARD contract document and projects implemented through internal resources / financing does not include the EMP provisions. Page 56 of 101 ASSESSMENT OF THE PROGRAM AGAINST CORE PRINCIPLES Strength Weakness / Gaps Suggestions to fill gaps/ opportunity Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects Early screening would be Most of our sub-projects will fall The Program will help strengthen undertaken for all sub projects as under category B wherein the the internal capacity being defined in the prior environmental clearance is (institutionalize through G.O) ESMF/RPF/IPPF. not required as per the country's through use of the ESMF including EIA regulations. Under such a /RPF/IPPF , and ESMU team. The mitigation hierarchy shall be scenario, the gaps to be Further, systems (ICT tools, third applied for all sub projects as addressed include an early party evaluation, MIS, GEMS24 etc.) defined in the ESMF/RPF/IPPF screening of potential effects and will be developed and document. identification of measures to institutionalized for screening, mitigate adverse environmental assessing, monitoring, and APWRD has prior experience of and social impacts that cannot be reporting on E&S risks and implementing environmental and otherwise avoided or minimized. impacts ranging from EMP social management procedures Implementation, OHS, land related and process designed in road The gaps to be addressed include impacts and labor standard sector projects (covering bridge explicit assessment of potential compliances. construction activities as well) as induced, cumulative, and per the requirements of the transboundary impacts, The Program will also focus on multilateral funding agencies like responsiveness and accountability strengthening and ADB, NDB, JICA, AIIB etc. through stakeholder consultation institutionalizing the stakeholder and responsive grievance redress consultation process and the APWRD has committed resources measures. existing grievance redressal for effective environmental and mechanism to make it easily social assessment and Stakeholder engagement in the accessible and responsive to the management of impacts and risks identification of priority E&S risks needs of the stakeholders. at the program level. Further, and during project adequate environmental and implementation is required. The Program provides an social staff (environment, social, Currently, there is limited staff opportunity to clearly define the gender and labour) would be capacity to seek community institutional responsibilities and hired and placed at the ESMU to participation in planning, the resources (manpower and ensure effective administration, suggestions, and feedback on budgetary allocations) to support planning, design, implementation, government funded projects. implementation of plans. and monitoring on environmental While an online GRM portal has and social risks management. been established, information about the existence and functioning of the GRM needs to be made readily available to all stakeholders. 24 Geo-Enabling initiative for Monitoring and Supervision – Helps build capacity for APWRD to use tools for digital data collection and analysis to gain real time insights and inform decision making process Page 57 of 101 Strength Weakness / Gaps Suggestions to fill gaps/ opportunity Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for P for R financing Strength Weakness / Gaps Suggestions to fill gaps/ opportunity The existing regulatory framework The program exclusion criteria The ESMF is currently under pertaining to natural habitats, exclude sub projects with development and would act as a physical cultural resources were significant conversion or guidance document for all future assessed and found adequate if degradation of critical natural sub projects ensuring any such issues arise during the habitats or critical cultural environmental and social impacts identification, screening, DPR heritage sites. Additionally, the are adequately addressed. preparation and implementation program also excludes sub project stage. activities that would have adverse The program would include impacts on land and natural appropriate measures for early Additionally, the state biodiversity resources subject to traditional identification and screening of board is responsible for ownership or under customary use potentially important biodiversity promoting biodiversity or occupation. and cultural resource areas. conservation and sustainable use Sub project locations impacted by of its components. multi hazards (earthquake, The screening checklist being landslides, recurrent floods) would developed would act as a require site specific design guidance document for all future considerations. The state falls sub projects ensuring under Zone-V as per the seismic environmental and social impacts zone. are adequately addressed. Program does not support This provides an opportunity to activities that have an impact on institutionalize and mainstream religious or cultural resources. (preferably through appropriate Government Order) the Good International Industry Practices (GIIP). Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program. (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strength Weakness / Gaps Suggestions to fill gaps/ opportunity The existing regulatory While the systems exist and are in This provides for an opportunity framework (four Labour Codes, place, it is needed that the to introduce good international namely, the Code on Wages, enforcement need to be industry practices (GIIP) in 2019, the Industrial Relations strengthened. In general, worker construction site management, Code, 2020, the Code on Social and public safety aspects for environmental safeguards to be Security, 2020 and the infrastructure are managed included as provisions under the Occupational Safety, Health, and through provisions in the bid document for effective Working Conditions Code, 2020) implementation. Page 58 of 101 Strength Weakness / Gaps Suggestions to fill gaps/ opportunity mandate health and safety bid/contract documents for compliance, workers safety under contractors. Adoption of green construction all sub projects and is regulated technologies should be adopted by the State Labour Department. The provisions would need to be where feasible for ensuing climate strengthened including penalty resilient bridges. clause for non-compliance or delays in implementation of environment and social safeguards. Th stakeholder The existing regulatory consultations have revealed that framework adequately covers contractors fail to adopt & Hazardous materials handling, implement EMP measures in storage, and waste disposal many instances. (refer Annexure) handling. The implementation and enforcement need to be strengthened during the project implementation. In externally aided projects The internal monitoring and third- The program provides an implemented by the APWRD, party audits are driven by the opportunity to embed E&S labour related risks, legal requirements of the external considerations in the bid obligations and performance funding agency requirements and documents and bid evaluation standards are described in the not institutionalized within process. The following parameters contracts as requirements in the APWRD to monitor and report on can be considered during the specification and are legally (a) labour standard compliance, evaluation: (a) suitable key enforceable. (b) community health and safety personnel for managing workers’ risks, and (c) risks related to and community health and safety SEA/SH during the construction impacts including SEA/SH, (b) phase. bidders’ E&S past performance and experience. To mitigate the risks of SEA/SH, codes of conduct for workers’ can be institutionalized that will apply to the contractor and contractor’s personnel. Moreover, real-time monitoring and reporting systems can be established for contractors and supervision consultants to ensure labour standard compliance. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Strength Weakness / Gaps Suggestions to fill gaps/ Opportunity Page 59 of 101 Strength Weakness / Gaps Suggestions to fill gaps/ opportunity Bridges rehabilitation/ new No sub projects are included in Use of advanced construction construction/ upgradation the program that leads to loss of technologies leading to minimal planned will help improve the access to natural resources. construction stage adverse rural connectivity along the impacts while providing resilient identified core network and The proposed bridge locations are road infrastructure. development of better resilient likely to have substantial road infrastructure. construction stage induced adverse impacts. The sub projects are likely to have both permanent and temporary impact on land and habitation. The state has an adequate legal Non-titleholders (i.e., encroachers To avoid delays in construction, it and regulatory framework on and squatters) are not entitled to is recommended that land free LAR&R. The Program also includes any R&R assistance in from encumbrance is provided to E&S screening and ESIA for all public/government owned land the contractor prior to the award planned activities to determine under the existing legal of contracts. land related impacts. Further, framework. where needed, resettlement plans Screening, monitoring, and will be prepared to minimize Given the scope and nature of reporting processes will be displacement and assists affected activities, the program may lead to established to ensure activities people in improving, or at the permanent and/or temporary that involve (a) acquisition of land minimum in restoring, their restriction and use of private resulting in significant loss of livelihoods and living standards. parcels of land/encumbered land/ livelihoods/ access, government land for construction particularly those linked to of bridges and approach roads, displacement of more than 35 leading to physical and economic households at each sub-project displacement of local communities (b) use of forced eviction of or individuals. informal settlers/ users of land and (c) permanent restrictions on access/ usage of resources—are excluded from the Program. , Resettlement Policy Framework (RPF) developed for the overall program will establish entitlements of all categories of affected persons. It will address lacunas in existing national/state policies, aligned with the international best practices and requirements of multilateral/ bilateral funding agencies. Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable Page 60 of 101 Strength Weakness / Gaps Suggestions to fill gaps/ opportunity Strength Weakness / Gaps Suggestions to fill gaps/ Opportunity As the Program area covers the The existing GRM systems and The program offers an opportunity entire state of Assam, bridge stakeholder participation need to to strengthen the institutional infrastructure works will be carried be strengthened. capacities, improved stakeholder out in rural and tribal dominated participation and improve areas. Improved bridges along the The land management systems resilience. core rural network will strengthen with regards to vulnerable Indigenous People Development the rural areas connectivity to the communities & non-title holders Plan (IPDP) shall be prepared and markets. need further strengthening to implemented to protect the rights address the gaps. and interests of the Indigenous There are built-in safeguards people and vulnerable. against exclusion of vulnerable Due to pre-existing socio- The program will focus on groups within the program. The economic conditions associated building capacity and engaging program will undertake screening with poverty in the state, some with key stakeholders such as of program supported activities, communities are vulnerable to APWRD field staff, contractors, evaluate their effects on sexual exploitation and trafficking. district councils, NGOs/CSOs, etc. indigenous communities, and Increased rural connectivity to map and address risks of prepare Indigenous Peoples through the program may trafficking/ SEA/ SH, within the Plans, where needed. exacerbate the risks of human ambit of their functions. trafficking/SEA/SH, particularly in the remote areas. Prepare and implement outreach program on building awareness on unsafe mobility. Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post- conflict areas, or areas subject to territorial disputes Strength Weakness / Gaps Suggestions to fill gaps/ Opportunity None of the program activities are Not Applicable Not Applicable in post conflict areas, or lead to worsening social conflicts, or areas subject to territorial disputes. Page 61 of 101 CONSULTATION AND DISCLOSURE Consultations during the ESSA To inform the ESSA, community and stakeholder consultations were carried out wherein a total of about 50 consultations involving nearly 750 persons were conducted to represent diverse socio- economic considerations and geographical locations. During the consultations, the team interacted with elected representatives, NGOs and community members/ citizens, particularly women and other socially vulnerable groups (ST/SC/BPL). Discussions were also held with technical supervision staff of APWRD at the field level (EE, AE, and JE), contractors (engaged for implementing existing projects), gaon panchayat/autonomous council members, including district level administrative and revenue department officials to capture their experience and assess their capacity to manage E&S risks and impacts. These consultations were carried out from January to February 2023. Some of the key highlights of the discussion have been summarized below: Table Error! No text of specified style in document.: Summary of Prior Stakeholder Engagement Activities Category Stakeholder Discussion Key points Affected Titleholders The stakeholder groups want the bridges to be constructed as the Parties bridge reduces drudgery of women, children, elderly, sick, etc. Many of the proposed bridges are replacement of old bridges and hence no additional land is required. Some bridges are proposed for widening as the road is also being widened keeping in view the change in road width, these bridges require additional strips of land. Some of the proposed bridges do not have proper access roads and these roads need land for developing a proper road on both sides of the bridge. This kind of bridges require land for widening, access roads, etc. Some of these lands are private agricultural lands. This will result in loss of land, loss of income, loss of livelihoods, loss of crops due to construction activities, etc. While welcoming the construction of bridges, these groups face loss of land and would like to be compensated adequately. These groups are neither aware of the LARR Act 2013 nor the Government of Assam Rules for Land Acquisition. These groups need to be made aware of the provisions of land acquisition and compensation payment. They were informed that wherever private land is be acquired, the DPR team will conduct a screening and asses the nature and extent of impacts and APWRD will get an RAP prepared and implement the same through Revenue Department. Land Users and Like the other groups, these stakeholder groups too want the bridges Non-Titleholders to be constructed as the bridge reduces drudgery of women, children, elderly, sick, etc. Some of the proposed bridges are near the habitations and without a proper road. There are narrow paths through these habitations leading to the bridge site. Once the bridge is constructed these paths need to be widened and made motorable to Page 62 of 101 Category Stakeholder Discussion Key points derive full benefits from these bridges. This will result in some displacement, loss of income, loss of livelihoods, etc. to these land users and non-titleholders. There is a general apprehension that they are not eligible for any resettlement and rehabilitation benefits. These groups too are unaware of the LARR Act 2013 and the Resettlement and Rehabilitation provisions. These groups need to be made aware of the provisions of the LARR Act 2013 and Resettlement and Rehabilitation provisions. They were informed that wherever such impacts are likely, the DPR team will conduct a screening and asses the nature and extent of impacts and APWRD will get an RAP prepared and implement the same through Revenue Department. Residents and At some of the proposed bridge locations, there are residences, shops, Communities eateries, etc. close to the bridge site. During the discussions, it was noticed they were aware that construction, though of low intensity, will cause some temporary inconveniences. They suggested if the timing of construction could be discussed with them so that the inconveniences can be minimized. They also would like to see dust control measures and noise control measures implemented and access to shops and eateries maintained so that the businesses would not suffer. They were informed that during the design, a site specific ESMP will be prepared by the DPR team and implemented by the contractors and monitored by APWRD. Interested Public Works Roads The APWRD says that these bridges are long pending and need to be Parties Department constructed on priority basis. They feel that the program is an opportunity to fulfil the long pending works. During the discussions they informed that the environmental and social capacity of the APWRD at field level is substantially low and would like to receive well designed training for their field engineers on a regular basis. They also require training on labour related issues and labour laws to ensure compliance. Revenue The Revenue Department would prepare the land acquisition related Department; State documentation and acquire the land if the details are provided by Pollution Control APWRD in a timely manner. Board; Forest The Assam State Pollution Control Board would like the program to Department; Social monitor the air quality, water quality, noise levels, etc. They also Welfare and Tribal suggested preparing and implementing proper biodiversity Affairs Department; management plans for locations where there is aquatic flora and fauna Women and Child such as dolphins, rare fish species (mahseer), etc. Welfare Department The forest department requires the program to seek permissions from ; Labour the forest department for bridge locations which fall under the Department elephant corridors, reserve forests, etc. The department also requires the APWRD to prepare proper biodiversity conservation plans for such areas and implement them. The department would like to have advance information on any trees needed to be removed, as some locations may have old sacred trees. The Education Department, Women and Child Welfare Department and Health department welcome the bridges as the students can easily commute to the schools and the sick can reach the hospitals on time. Page 63 of 101 Category Stakeholder Discussion Key points The Labour Department informed that the contractors need to submit them labour reports (attendance, wages, deductions, insurance, amenities, etc.) within the stipulated time. They suggested that it would be better if the contractors have software packages to generate these reports. Local bodies, The ADCs welcome the construction of these bridges and is ready to Autonomous cooperate with the APWRD. They want regular consultations to be Districts Councils conducted with the communities and inform them of the progress in (ADCs); Other project design, and implementation, as these communities are waiting elected leaders for the construction of these bridges since a very long period. They are aware of the constitutional requirements of consulting them and seek their consent. They would like to participate in the program and want some opportunities as wage workers. They were informed that the details of those willing to work will be provided to the contractor for considering them for hiring. They would like the project to consult them through the ADCs and Gaon Buras. RAP The agency noted that divisional offices of APWRD require adequate implementation manpower and sensitization on LA and R&R processes, including agency building their capacity to manage any grievances arising from such disputes. It further stated the need for enhancing support from the district administration, as only 4 to 5 districts are currently equipped to carry out LA and R&R, but others are not. Further, it emphasized on the need for coordination and participation of multiple agencies during the preliminary survey to identify the land, as mandated by the law. Leaders of informal The self-help-groups and informal traders need to commute to nearby or traditional habitations for their livelihood. These bridges help them in continuing community their informal trades even during rainy season without a break. These institutions such as groups want to be kept updated on the program progress through the religious Gaon Bura and through radio, tv and other non-traditional means. They leaders/priests, were informed that the program will disclose all the information and village there will be public information boards erected near their habitation headman/chieftain with the details of the bridge and progress will be updated on a regular Women self-help basis through multiple modes of communication. They were informed groups that the program will conduct periodic consultation with them as well. Youth groups, etc. NGOs and CBOs The NGOs and CBOs in the project areas would like the program to working in the monitor labour welfare, child labour, equal wages, GBV-SEAH issues, project areas. HIV-AIDS, human trafficking, etc. Media groups and The media groups and academia consider this as an opportunity for academia the rural communities to get this much needed infrastructure. The academia says that the school enrolment rates in rural areas will improve. The media wants to be briefed on a regular basis on the progress of the program. Public at large The public at large would like to know of the program progress and when will their bridge be commissioned. They were informed that the program will disclose all the information and there will be public information boards erected near their habitation with the details of the Page 64 of 101 Category Stakeholder Discussion Key points bridge and progress will be updated on a regular basis through multiple modes of communication. They were also informed that the program will conduct periodic consultation with them. Vulnerable Scheduled tribes These groups want to know of the program progress and when will Groups (ST); Scheduled their bridge be commissioned. They want to be part of the castes (SC); consultations. These groups want to get some work during the Communities living implementation. They were informed that the details of those willing to in in remote and work will be provided to the contractor for considering them for hiring. hilly locations; They were informed that they will be consulted and will be informed of Minority groups; any such citizen engagement activities, so that they can participate. Female headed They were informed that the program will conduct periodic households; consultation with them. They were informed that the program will Illiterates; BPL disclose all the information and there will be public information boards families erected near their habitation with the details of the bridge and progress will be updated on a regular basis. Stakeholder Workshop on draft ESSA The stakeholder workshop on draft ESSA was organized on 14th March 2023 with 68 participants including representatives from relevant departments (revenue, pollution control board, social welfare, inland water transport, police, etc.), NGOs, academia, contractors, and consultants currently and previously engaged with the APWRD. The main points and suggestions that emerged from the stakeholder workshop included the following: • APWRD will be the principal employer, even if the contractors hire labour; and the labour laws need to be followed. Issues of working women need to be considered, particularly such as equal wages, etc. The contractors should make sure that social benefits reach the labour. • Need for employment opportunities and job security of field staff particularly of low-level employees needs to be considered. • National Green Tribunal has given several directions regarding construction activities such as bridges with regard to pollution of water bodies and rivers, and these need to be complied with by the contractors. Fire safety, safety of workers and community are other issues to be considered during construction. Contractors need to take all the required permissions from PCB. • Non-compliance of environmental, social and labour regulations by contractors even after they are specifically included in the tender documents. This may be due to absence of requisite environmental and social staff and lack of awareness of legal requirements. • Need for building awareness of labourers, particularly migrant labour on prevention of HIV- AIDS. • Reliance on existing studies such as the dolphin study conducted by the Assam Inland Water Transport Society (AIWTDS) while conducting ESIA for the bridges. • Need to consider entitlements of owners of already eroded land where the structures will be built and livelihood of country boat operators who may get affected by the construction. • Non usage of bentonite during driving piles for bridge foundations, as this will pollute the Page 65 of 101 water and would also harm aquatic life. • Engaging with local bodies and civil society groups such as Village Defense Parties in every village to build awareness on women safety and security. • E&S monitoring should not be limited to PWRD/ EAP Office but needs to be at the district and field level. • Design considerations such as tree plantations, and footpaths for pedestrian safety in bridges may be considered during the DPR preparation. Please refer to Annex 1 for the list of invitees, summary of the workshop along with the photos of the event. Disclosure requirements A stakeholder workshop was held on 14th March 2023, to disclose the draft ESSA. The executive summary of the draft ESSA was translated to Assamese and shared with the participants prior to the workshop. It was organized by Bank with facilitation support by APWRD. Comments and suggestions were sought during the state disclosure workshop. The feedback obtained during the workshop was used to further refine and finalize the ESSA as well as feed into the project design. Once final, the ESSA will be disclosed on APWRD website and the World Bank external website. Page 66 of 101 RECOMMENDATIONS AND ACTION PLAN Findings and Recommendations for the Program Social Policies: The ESSA found the applicable social policies and legal framework to be largely compatible with the E&S core principles of PforR. Sufficient policy and legal framework exist in Assam and are applied for land acquisition, resettlement, and rehabilitation of titleholders. However, non-titleholders (i.e., encroachers and squatters) are not entitled to any R&R assistance in public/government owned land. Given the scope and nature of activities, the program may lead to minor permanent and/or temporary restriction and use of private parcels of land/encumbered government land. To address this gap, APWRD is in the process of preparing a Resettlement Policy Framework (RPF) which will establish the entitlements of all categories of affected persons (including non-titleholders) and is aligned with the international good practices. The RPF will guide the preparation of all the APWRD investments irrespective of source of funding. Procedures and systems: The assessment has identified certain gaps, especially on adequacy of social management system and institutional capacity (staff, budget, availability of implementation resources, training, etc.) to carry out defined responsibilities. Some of the key highlights have been summarized below: 1. While, APWRD has implemented several externally aided projects and is familiar with the Bank’s requirements to manage social risks, the department does not have full-time staff to manage social risks related to labour, community health and safety, land and livelihood. Under the program, an Environmental and Social Management Unit has been envisaged with three specialists (social, labour and gender) at the PMU level. Social specialists will be designated at the divisional level. 2. Currently, social risks screening and assessments prior to commencement of civil works are only being carried out under externally aided projects. This seems to be a clear gap in the current system. However, under this program, DPR and ESA consultants have been engaged for E&S screening/assessments and preparation of mitigation frameworks (ESMF, RPF- IPPF) and plans (ESMP, RAP and IPDP) for all PforR operations. 3. Clauses on labour standard compliance are integrated in the contractors’ contracts/bid documents, however APWRD does not have standardized mechanism/system to monitor and report on (a) labour standard compliance, (b) community health and safety risks, and (c) risks related to SEA/SH during the construction phase. The citizen engagement and grievance redressal process also lack adequate resources in terms of staff, budget, documentation, monitoring and training to make it accessible, efficient, and responsive. The ESSA recommends addressing the gaps in institutional capacity and systems through the following measures: 1. Social screening to ensure all significant risks related to land/livelihood/access, workers’ Page 67 of 101 and community health and safety, SEA/SH and social exclusion are not eligible for PforR operations. Further, ESMF, RPF-IPPF are being prepared which will be relevant for all APWRD investments, based on which the social screenings/assessments will be carried out and appropriate mitigation measures will be adopted. 2. Embedding E&S considerations in bid documents and bid evaluation process. Additionally, establishing real-time monitoring and reporting systems for contractors and supervision consultants to ensure labour standard compliance. 3. Strengthening citizen feedback processes by enhancing various elements of citizen engagement (e.g., GRM, consultations, feedback surveys, etc.) including allocating resources, documenting inputs, closing the feedback loop, and building staff capacity. 4. Mapping and engaging with key stakeholder to address potential human trafficking/SEA/SH risks under the program. 5. Streamlining monitoring and reporting process on social risks management such as land procurement, community and occupational health and safety during civil works, citizen engagement, social inclusion, and grievance management. Environment The road network of the State is susceptible to natural disasters due to intense rainfall and unique terrain features. The existing GIS based RAMS and Bridge Information System need to be upgraded and maintained as a real-time database system through integrating with the vulnerability and hazards risk mapping of the asset stock to develop a resilience framework for roads sector. The notified core road network would entail enhanced budgetary provisions, improved climate- and disaster-resilient standards. The program will support upgrading / new construction of approximately 1000 rural road bridges which shall be contracted adopting output and performance-based road maintenance contracts (OPBRC), to address higher disaster and climate risk vulnerability. The Program shall also support strengthening the existing GIS based RAMS system by integrating the vulnerability and disaster-prone areas mapping, additional staff for regular updating of the RAMS. Considering the small scale of sub projects, the prior EIA clearance and public consultations would not be mandatory. The Environmental and Social Management Framework being developed by APWRD will help address the environmental and social risks for the program. The DPR consultants will adopt the screening checklist and shall prepare site specific ESIA and ESMP documents following the ESMF for the overall bridge program. The ESMP will be prepared at the design stage for all individual sub projects. The APWRD officials (environmental safeguards specialist) shall ensure implementation of ESMP, and independent monitoring agency shall review compliance on a quarterly basis. The current study recommends hiring services of the environmental safeguard specialist (along with 1 junior environment specialist and 1 OHS specialist) to further strengthen the environment team and managing social and environmental risks in multiple sub projects for the entire duration of the program. Under the current program, with bridge construction, rehabilitation and maintenance activities, there will be increased requirement of environmental/social risk monitoring and management support, which will be difficult to handle without a permanent environmental and social Page 68 of 101 unit setup with dedicated environmental/social experts. The number of specialists will be proportional to the requirements or workload in each subdivision. The core environmental specialist at APWRD have received training on project preparation and implementation, mainstreaming environmental and social safeguards compliance. However, there are gaps in monitoring and managing environmental and social risks at field levels. Therefore, there is need for continued capacity building initiatives especially to the staff at the subdivision level with APWRD. A budget for capacity building initiatives for the project staff including occupational health and safety (OHS) training of workers of the civil works contractors will be allocated during Program design. APWRD will hire the services of an external agency / institution to help building capacity on Occupational Health and Safety (OHS) as per the recently notified labour codes in the country, supporting APWRD in formulating OHS guidelines and awareness materials, dissemination, and providing hand on support in managing OHS during the civil works. Inputs to the Program Implementation Support Plan The following table illustrates the support provided to the borrower in relation to the Program’s E&S aspects during the implementation of the PforR operation: Description Timeline Indicator for completion Headquarter level: Hire social, gender and Within six months of ToRs developed, adequate E&S staff labour specialists for social risk effectiveness deployed at the APWRD headquarter management; Hire environmental (ESMU) and divisional office. safeguard specialist, junior environmental specialist and OHS specialist for environmental management Divisional level: Designate E&S focal persons Enhance capacity of APWRD staff, Yearly Capacity building plan, evidence of consultant and contractors on training conducted, and number of environmental and social risk management persons trained Adopt systems and procedures to screen/ Prior to preparation of Environmental and social screening assess environmental and social risks & bid documents of all template/ ESMF/RPF/IPPF developed, impacts in the PforR operations. proposed investments and mitigation plans (ESMP, RAP, IPDP if required) prepared and included in bid/contract documents of all proposed investments. Strengthen citizen engagement including Within six months of Manpower and financial resources grievance mechanism in terms of effectiveness allocated for enhancing citizen functionality, capacity, outreach and engagement and GRM, external impact, including requirements for evaluation reports on GRM disclosed. Page 69 of 101 reporting and public disclosure of Program related complaints. Adopt strategies to build awareness on Within one year of ToR developed, consultant mobilized safe migration and women safety in the effectiveness for creating a strategic plan, including catchment areas under the program. implementing, and monitoring output, outcome and impact of the plan for three years. Update the existing BIS (Bridge Within one year of Additional manpower allocated to Information system) as part of the effectiveness maintain RAMS systems. GIS database RAMS25 (Roads Asset Management used for monitoring and reporting system) for real time monitoring and activities. GIS database updating tasks reporting undertaken on monthly basis to ensure systems remain relevant. Establish system for monitoring E&S Within one year of Standard bid / contract documents system performances in PforR effectiveness and bid evaluation include E&S operations.26 considerations and provision for penalty in case of non-compliance. Standardized monitoring protocols / formats for reporting on quarterly and monthly basis ICT tool for monitoring E&S system established and operational. Inputs to the Program Action Plan and Disbursement Linked Indicator Program Action Plan (PAP) on E&S: The following table includes the ESSA inputs into the overall PAP: Action Description Source DLI# Responsibility Timing Completion Measurement The borrower shall Environmental 1 APWRD Ongoing for Compliance report provide encumbrance and Social each sub- shared with World free stretches in Systems project Bank accordance with the ESMF-IPPF and RPF to the contractors before the 25 . A dedicated RAMS cell was established, and required staff was assigned and a consulting firm was hired for 3 years to support the administration of RAMS under the previous WB Funded Assam State Roads Project closed in Sept 2019. 26 Track performance of E&S systems related to the EMP provisions, regulatory clearances, and necessary approvals, labour management, land management, stakeholder engagement, social inclusion, gender mainstreaming and capacity development. Page 70 of 101 Action Description Source DLI# Responsibility Timing Completion Measurement commencement of the works� Disbursement Linked Indicator (DLI) on E&S: The following table includes a specific DLI for E&S management under the Program: DLI 6: Environmental and Social Management Framework (ESMF)- Indegenous Scalable. maximum of People Policy Framework (IPPF and and Resettlement Policy Framework (ESMF) US$5 million adopted and compliance enhanced DLR 1(i): ESMF -IPPF and RPF adopted and E&S management unit established (US$3 million) DLR 1 (ii): Digital compliance monitoring and reporting system developed (US$1million) DLR 1 (iii): Compliance to E&S requirements reported (US$ 1 million) Page 71 of 101 ANNEXURES Annexure 1: Details of Stakeholder Workshop held on March 14, 2023 Assam Resilient Rural Bridges Program Environment and Social Systems Assessment (ESSA) Stakeholders Consultation Workshop Proceedings Date: 14 March 2023 Venue: Assam Administrative Staff College, Guwahati This ESSA Stakeholder Consultation Workshop was chaired by Mr. Chandan Sarma, Commissioner and Special Secretary, PWRD, Government of Assam (GoA) and Mr. Debajit Bhuyan, Special Secretary, PWRD, Government of Assam, was the special invitee. Mr. Paban Terang, Chief Engineer, PWRD (EAP) hosted the Workshop on behalf of the World Bank. Mr. Sarma gave his opening remarks highlighting the importance of the Assam Resilient Rural Bridges Program, hoped that the program would pave the way for improved and better communication for the rural Assam and wished the program a grand success. After this, Mr. Terang made a presentation on the Assam government program highlighting its salient features. The introduction to the government program was followed by a brief overview of the PforR program by Mr. Tesfamichael Nahusenay, Senior Transport Specialist, the World Bank. The session detailed the objectives, cost, timeline, indicators, and key components/activities under the PforR program. Ms. Philarisa Sarma Nongpiur, Social Development Specialist (Consultant), the World Bank highlighted the purpose of the ESSA, methodology adopted by the World Bank team, followed by the key findings and recommendations of the ESSA. The presentation on ESSA was followed by comments, Q&A and discussion with the participants which was moderated by Mr Terang. The main points that emerged from the stakeholder workshop included the following: � The Labour Commissioner, who participated in the workshops commended that it is a systematised consultation and was conducted in a good manner. She wished all projects would do such consultations. She mentioned that the APWRD will be the principal employer, even if the contractors hire labour; and the labour laws need to be followed. Issues of working women need to be considered, particularly such as equal wages, etc. The contractors should make sure that social benefits reach the labour. She added that the labour department will collaborate with APWRD and provide support. � Special Secretary, APWRD mentioned that security of field staff particularly of low-level employees needs to be considered. This was clarified that the project would encourage community contracting to SHGs, CBOs for Operation and Maintenance of bridges. There will be opportunities at the terminals, parking lots, warehouses, etc. for employment. Digital platform for transportation of agriculture produce to markets will also provide employment opportunities. The digital platform would aggregate local cargo carriers and fleets to provide transport to markets at competitive prices. � Environmental Issues: The representative of Assam State Pollution Control Board (ASPCB) mentioned that the National Green Tribunal has given several directions with regard to construction activities such as bridges with regard to pollution of water bodies and rivers, and these need to be complied by the contractors. Environmental flows in the rivers should not be affected. Fire safety is another issue, burning of waste at bridge sites, burning of tyres, needs to be avoided. Contractors need to be advised Page 72 of 101 properly on these issues. He mentioned that most bridge locations have become dumping grounds for garbage, particularly under the bridges and fires at construction sites due to waste accumulation is also a concern. Further air pollution due to construction activities is an issue that the ASPCB wants to address, a number of consultations are being conducted to gather public opinion and make guidelines on this. He added that safety of workers and community is of concern during construction. It was clarified that a Environmental and Social Management Plan (ESMP) will be prepared for each bridge construction package that will specifically deal with these issues such as water pollution, air pollution, fire safety, etc. and the baseline environmental parameters will be measured by contractor and periodical monitoring of these parameters will also be done. The contractors will take all the required permissions from PCB. There will be a half yearly environmental and social audit conducted for an independent agency for verification of the environmental and social compliances. � There was remark that the contractors are not following the tender conditions, particularly the Environmental, Social and Labour regulations even after they are specifically included in the tender documents. It was clarified that this is mostly due to ignorance of some of the contractors. It is observed that some of the contractors, do not have the requisite environmental and social staff. The ESMF for the project stipulates that the contractors need to have environmental and social staff for daily monitoring of the environmental and social aspects of construction activities. They will also be required to submit monthly environmental and social monitoring reports to the APWRD. In addition to this, there will be a half-yearly environmental and social audit conducted by an independent agency appointed by the APWRD. � The Assam State Aids Control Society (ASACS) has mentioned that the labourers, particularly migrant labour need to be given awareness on the HIV-AIDS. Those who are of about 40 years of age particularly more vu!nerable. The ASACS has trained resources across the state. The society would like to collaborate with PWRD in taking up awareness campaigns and conducting tests on those who voluntarily come forward for testing and distribution of condoms and medicines. The society has facilitation centers across the state for testing and distributing condoms and medicines. � One of the representatives of Assam Inland Water Transport Authority project mentioned a Dolphin study was conducted by them which they would make available for the project to consider the recommendations while conducting ESIA for the bridges. � One participant from AIWTA has mentioned that there are instances of owners of already eroded land making claims when the structures are built (including bridges) on these eroded lands. This was clarified that this will be taken into account while conducting the ESIA and preparing the Resettlement Action Plans (RAPs). � A participant from AIWTA has mentioned that there are several country boat operators across the state. These country boat operators will need to be compensated as they will lose their livelihood once the bridge is built. This was clarified that this will be taken into account while conducting the ESIA and preparing the RAPs/ Livelihoods Enhancement Plans (LEPs) � AIWTA also advised against the use of bentonite during driving piles for bridge foundations, as this will pollute the water and would also harm aquatic life. This was clarified that this aspect will be taken into consideration during DPR preparation to use suitable polymers in place of bentonite during driving piles. � The Superintendent of Police (CID) Assam said that improved connectivity after bridge construction is associated with the risk of illegal human trafficking. He has suggested that there are Village Defence Parties in every village of Assam. These can be approached for any help in case of any human trafficking or any such incidents, during the construction of bridges. These VDPs are paid by Government of Assam and their services can be utilized by requesting the concerned Superintendent of Police. Page 73 of 101 � One participant suggested that for proper implementation of Environmental and Social Management Plans, monitoring should not be limited to PWRD/ EAP Office, but needs to be at district and field level. This was clarified that this aspect is given utmost importance in the ESMF. There will be regular training programs conducted for the Field staff and district level staff on Environmental and Social Management for building their capacity. � One DPR consultant wanted to know the parameters to be considered for Resilience Audit. This was clarified that the DPR consultants, while they need to follow the IRC guidelines, this should not be a restricting factor, they should also go beyond and adopt site-specific suitable measures for resilience, such as usage of hydrological data for design, safety of approaches, warning signs, guard rails, energy dissipaters, etc. however, the PWRD will conduct a technical discussion in due course, where these matters can be discussed at length. � On representative from the NGO Raindrop Initiative mentioned that are involved in plantation of trees and can help PWRD for tree plantation. � DPR consultants observed that footpaths for pedestrian safety in bridges may be considered for bridge design. Mr. Terang gave a vote thanks to all the participants and thanked them for their participation, meaningful discussions and suggestions. Page 74 of 101 Annexure 2: Relevant labour related legislations Labour Laws Applicable to Establishments engaged in Building and Other Construction Work a) Building and Other It regulates the employment and This will be applicable for all Construction Workers conditions of service of building and building or other constructions (Regulation of other construction workers and works under the project that provides for their safety, health and employ 10 or more workers. Employment and welfare. Conditions of Service) Act, 1996 b) Workmen It provides for payment of Construction workers will be Compensation Act, compensation by employers to their involved in the sub-projects 1923 employees for injury by accident i.e., personal injury or occupational disease. c) ESI Act, 1948 Employees State Insurance Act Construction workers will be (Employees State provides for health care and involved in the sub-projects Insurance Act, 1948) hospitalization benefits for construction work force d) Inter-state Migrant It protects workers whose services are Construction workers will be Workers Act, 1979 requisitioned outside their native involved in the sub-projects states in India. A contractor who employs or who employed five or more Inter-State migrant workmen need to obtain registration under this act e) The Child Labour It prohibits employment of children in There should not be any child (Prohibition & specified hazardous occupations and labour (less than 14 years) in Regulation) processes and regulates the working any project activity and Amendment Act, 2016 adolescents (above 14 and less conditions in others. than 18 years) in any hazardous activity. f) Building and Other An Act to provide for the levy and Sub-projects will involve Construction Workers collection of a Cess on the cost of construction workers Welfare Cess Act, construction incurred by employers. 1996 g) Sexual Harassment of It mandates every organization having Applicable to all implementing Women at the more than ten employees to constitute agencies Workplace an Internal Complaints Committee (ICC) (Prevention, in the prescribed manner to receive Prohibition and and address the complaints of any sort Redressal) Act, 2013 of sexual harassment from women in a (POSH Act) time-bound and extremely confidential manner h) Contract Labour To provide proper and habitable Applicable to all implementing (Regulation & working conditions. To regulate the agencies Abolition) Act 1970 functioning of the advisory boards. To lay down the rules and regulations regarding the registration procedure of the establishments employing contract labour i) Payment of Wages Act, Lays down as to by what date, wages Applicable to all implementing 1936 are to be paid, when it will be paid and agencies The minimum wages what deductions be made from the rules Assam 1952 wages of the workers, if any. Page 75 of 101 Labour Laws Applicable to Establishments engaged in Building and Other Construction Work j) Payment of Gratuity Act, Gratuity is payable to an employee Applicable to all implementing 1972 under the Act on satisfaction of certain agencies The payment of gratuity conditions on separation, if an rules Assam 1972 employee has completed 5 years of service with employer k) Employees Provident Provides for monthly contributions by Applicable to all implementing Fund and the employer and as well as by workers agencies Miscellaneous Provision with a provision as return of pension of a lump sum (principal and interest Act, 1952 accrued) at the end of his/her service term). l) Maternity Benefit Act, Provides for maternity leave for Applicable to all implementing 1951 women, during pregnancy and after agencies Assam Maternity benefit giving birth and some other benefits to women employees, in case of Rules 1965 medical recommendation of bed rest or miscarriage etc. m) Payment of Bonus Act, Provides for payments of annual bonus Applicable to all implementing 1965 subject to a minimum of 8.33% of agencies The Payment of Bonus wages and maximum of 20% of wages. Rules Assam 1975 n) The Bonded Labour An Act to provide for the abolition Applicable to all implementing (Abolition) Act 1976 of bonded labour system, with a view agencies Bonded Labour System to prevent economic and physical exploitation of the weaker sections of (Abolition) Rules 1976 the people and for all matters connected there with or incidental thereto o) The Trade Union Act, Lays down the procedure for Applicable to all implementing 1926 registration of trade union of workers agencies and employers. The trade unions registered under the Act have been given certain immunities for civil and criminal liabilities. p) q) Draft Code on Wages The Code repeals four laws and now Applicable to all implementing applies to all the employees and to all agencies the establishments. Wage limits for applicability have been removed (as opposed to earlier laws). The employees include skilled, unskilled, operational, supervisory, manual, administrative, managerial, clerical and technical. The unorganized sector workers have been brought under the purview of the Code. The Code also specifies that the rates of wages shall be revised every 5 years. r) Draft Code on Social The Code on Social Security, 2020, Applicable to all implementing Security subsumes nine central labour laws with agencies the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors. Page 76 of 101 India has also ratified six out of the eight core/fundamental International Labour Organization (ILO) Conventions. The international conventions ratified by the country are briefly described below: Table: International Labour Law Convention S. No. International Labour Law Stipulation/ Terms and Conditions Convention (i) Forced Labour Prohibits all forms of forced or compulsory labor, which is Convention, 1930 (No. defined as “all work or service which is exacted from any person 29), under the menace of any penalty and for which the said person has not offered himself voluntarily.� The convention also requires that the illegal extraction of forced or compulsory labour is punishable as a penal offence and that ratifying states ensure that the relevant penalties imposed by law are adequate and strictly enforced. (ii) Abolition of Forced Prohibits forced or compulsory labour as a means of political Labour Convention, 1957 coercion or education or as a punishment for holding or (No. 105), expressing political views or views ideologically opposed to the established political, social, or economic system; as a method of mobilizing and using labour for economic development; as a means of labour discipline; as a punishment for having participated in strikes; and as a means of racial, social, national, or religious discrimination (iii) Equal Remuneration Lays out the principles for equal remuneration for work of equal Convention, 1951 (No. value and addresses gender discrimination 100) (iv) Discrimination Prohibits all discrimination and exclusion on any basis including (Employment and of race or colour, sex, religion, political opinion, national or social Occupation) Convention, origin in employment and repeal legislation that is not based on 1958 (No. 111), equal opportunities (v) Minimum Age to ensure the effective abolition of child labour and to raise Convention, 1973 (No. progressively the minimum age for admission to employment or 138) work. India has ratified this convention with a minimum age of 14 years (vi) Convention concerning Prohibition and elimination of the worst forms of child labour, the Prohibition and including slavery, forced labour and trafficking in human beings. Immediate Action for the It prohibits the use of children in armed conflicts, prostitution Elimination of the Worst and pornography, illegal activities such as drug trafficking and Forms of Child Labour, dangerous work. 1999 (No. 182). Page 77 of 101 Annexure 3: Key Statutory Clearances for Construction Certain permissions, clearances and authorizations need to be obtained from competent authorities during the design and construction phase of sub-projects. This will depend mainly on the area, type, size and scope of the sub-project in question. The key statutory permits that may be required are summarized below: S. No. Clearance/ Relevant Act Competent Responsibility Authorization Authority 1 Tree Cutting Forest Conservation Act, State APWRD Permission 1980 Forest Department 2 Location/ layout of Environment Protection Act, Assam Contractor workers camp, 1986 and State equipment, and Manufacturing, Storage and Pollution storage yards Import of Hazardous Control Chemicals Rules, 1989 Board (ASPCB) 3 Discharges from Labor Water (Prevention and Control ASPCB Contractor Camp of Pollution) Act, 1974 4 Permission for mining Environment Protection Act, Mines and Contractor minerals (stones, 1986; Mines Act Geology aggregates, sand, Department earth, etc.) from riverbeds/ quarries 5 Pollution Under Central Motor Vehicle Act Transport Contractor/ Control certificate for 1988 Department APWRD construction vehicles 6 Employing Labour/ The Building and Other Labour Contractor Workers Construction Workers Department (Regulation of Employment and Conditions of Service) Act 1996 7 Fire Safety Clearance National Building Code State Fire Contractor State Fire Prevention and Fire Department Safety Act/Rules Public Safety Standards of India 8 Electrical Safety Indian Electricity Act, 1910 re- Chief Contractor enacted in 2003. Electrical Central Electricity Authority Inspector (Measures relating to Safety and Electric Supply) Regulations, 2010 Page 78 of 101 The construction activities under the program are on water bodies and rivers and in rural areas. These are considerably medium types of works to be built by local/ national contractors. As per the existing practices in Assam, mostly the labour will be local, and some will be migrants. There will be batching plants, crushing plants, hot mix plants, etc., for the construction of these works. There will not be much extraction of groundwater for construction use; mostly water from rivers/ water bodies will be used for these works; where groundwater is used, permissions required for extraction of groundwater will be obtained. Page 79 of 101 Annexure 4: ToRs for Social and Environment Staff to be hired under the Program (i) Position 1: Social Management Specialist Scope of Work (i) Lead and anchor implementation of social development activities under the program and report on their outcome throughout the program. (ii) Support strengthening of institutional capacities and reporting on social risk management for which (a) prepare and deliver training annually (social inclusion, gender, participatory planning, citizen engagement, land management, grievance management, and other relevant themes on social) for PWRD and partner agencies; (b) develop procedures for acquiring land required for sub-projects; (c) firm up indicators to track social development outcomes, to be incorporated in the MIS system for monitoring and reporting. (iii) Ensure that due diligence of social risks is carried out at site level. This includes conducting of social risks screening of potential sites, prior to approving and embarking on project activities that may have significant adverse social impacts. Review the social management plans, and any other plans prepared by consultant/s and ensure that they are incorporated in the Bid documents, supervise and monitor its implementation. (iv) Support adoption of ICT tool to track land acquisition/negotiated settlement procedures on real time basis to provide land free from encumbrances prior to civil works. (v) Coordinate with contractors, APWRD field staff and communities, during sub-projects’ implementation, for avoiding, reducing and minimising any construction related social impacts and inconveniences to the communities. (vi) Coordinate suo-moto disclosure of project related information in an appropriate format to comply with the requirements of the Right to Information Act and at appropriate locations for the communities. (vii) Disclose all project social management documents on PWRD website. (viii) Ensure periodic stakeholder consultations and citizen feedback are undertaken during the planning, preparation and implementation stage of the program. (ix) Prepare monthly report on Grievance Management System which will cover disaggregated data on number registered, resolution, escalation, closure with the given time frame. (x) Monitor and report on the court cases on program related grievances, if any. (xi) Coordinate with Gender and Labour Compliance specialists at the PWRD to implement the program. (xii) Prepare quarterly progress reports on social management. (xiii) Engage monthly with World Bank mission for guidance and coordinate field visits etc. for supervision missions. Qualification: (i) Master’s degree in sociology/anthropology/ social work. (ii) At least 7 years of professional experience of working in the related field. (iii) Fluency in Assamese and English and workable knowledge of local dialects of Assam. (iv) Working knowledge of computer. Page 80 of 101 (ii) Position 2: Gender Specialist Scope of work. ➢ Lead and anchor mainstreaming of gender in the overall responsibility of PWRD throughout the program life cycle, particularly in (a) increasing women participation during the designing, preparation, and implementation phase to make the bridge infrastructure gender-inclusive, and (b) hiring and/or career advancement opportunities for women employees in bridge construction, maintenance, and operation of the digital kiosks. For this, prepare a Gender Action Plan outlining the key activities required to reach this outcome, with corresponding timelines. ➢ Coordinate with Social Management Specialist and Labour Compliance Specialist in delivering the Social Development Outcomes. ➢ Coordinate with the Technical team to incorporate collection of disaggregated data on gender, SC, ST and other marginalized groups in any studies being undertaken. ➢ Ensure that gender considerations are integrated into bridge development-related policy/guideline, strategy, or planning procedures for promoting gender equality and women’s empowerment in the program. ➢ Build and implement strategies (trainings, discourse, cross-learning, standard operating procedures, etc.) to support capacity enhancement of transport stakeholders (project personnel, contractors, employees at transportation hubs, etc.) and strengthen their engagement with different agencies and communities in identifying and mitigating risks of unsafe migration and women safety in the catchment areas. ➢ Liaise with community-based organizations and NGOs to increase women’s participation in the planning, preparation, and implementation phase of the program. ➢ Ensure that PWRD and implementing partners (contractors, consulting firms, etc.) comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and adopt code of conduct for zero-tolerance of Gender Based Violence. ➢ Ensure that the bid documents include the laws to prevent and address Gender Based Violence –among the labour and that redressal system are developed to address complaints related to GBV in a confidential and sensitive manner. ➢ Provide inputs and guidance on how to integrate gender dimensions in the development of communication material for any outreach program. ➢ Prepare gender training plan and deliver gender-specific trainings for staff of PWRD and implementing partners throughout the program cycle. ➢ Develop specific indicators track the performance of gender outcomes for M&E system. ➢ Prepare Quarterly Progress report on the implementation of Gender Action Plan. Qualification. (v) Master’s degree in gender studies/sociology/anthropology/ social work. (vi) At least 6 years of professional experience of working in the related field of gender, gender-based violence, etc. (vii) Fluency in Assamese and English and workable knowledge of local dialects of Assam. (viii) Working knowledge of computer. (iii) Position 3: Labour Compliance Specialist Page 81 of 101 1. Supervise and monitor compliance of labour laws and regulations by the PWRD, contractors and consultant regarding their terms and conditions of employment, non-discrimination and equal opportunity, worker’s organizations and occupational health and safety aspects. 2. Support adoption of ICT tools to track compliance of labour welfare laws during civil works as per the contracts and report. 3. Review and ensure that all relevant clauses related to labour standard compliance are integrated in the bid documents and contracts, along with the environmental and social management plan. 4. Ensure that the contractors comply with the requirements of the bid document and contract including the environmental and social management plan. 5. Ensure contractors, including the supervision consultant are providing monthly monitoring reports on labour standard compliance in accordance with the metrics specified in the respective bidding documents and contracts. Based on this data, prepare quarterly progress report on the status of labour standard compliance in all project sites. 6. Coordinate with Social Management and Gender specialists at the PWRD to implement the program. 7. Assess and manage specific risks and impacts to the community arising from construction activities, including, inter alia, behaviour of construction workers, risks of labour influx, response to emergency situations. 8. Develop a ‘code of conduct’ [which incorporates zero tolerance to sexual harassment, workplace discrimination, etc.] for the PWRD staff, consultants and contractors including its personnel to abide by. The code of conduct must also include sanctions for non-compliance. 9. Ensure the contractors have established and are operating a grievance mechanism for all construction workers, including those engaged by the sub-contractors. 10. Prepare training plan and deliver labour compliance-specific trainings for staff of PWRD and implementing partners (contractors, consulting firms, etc) throughout the program cycle. 11. Report any incident such as sexual exploitation/harassment or accident that result in death, serious or multiple injury at the construction sites. Provide sufficient detail regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and/or supervision consultant, as appropriate. Subsequently, at the World Bank’s request, prepare a report on the incident or accident and propose any measures to address it and prevent its recurrence. Qualification: (ix) Master’s degree in law/sociology/anthropology/social work. (x) At least 5 years of professional experience of working in the related field of labour welfare and compliance. (xi) Fluency in Assamese and English and workable knowledge of local dialects of Assam. (xii) Working knowledge of computer. Page 82 of 101 Annexure 5: Checklist for E&S Screening of Potential Sites Environmental factors, including the following need to be captured as per the below formats: • Sensitive areas, natural habitats, protected areas • Felling of trees outside the protected areas • Clearance of vegetative cover • Loss of productive agricultural land • Cuts across perennial streams or surface water bodies • Vulnerability to natural hazards, landslides/slips and • Environmental features as marshy areas, sand dunes etc. Environmental Screening Format A. Identification (Sub Project location/s, ESS1): Sl. Date of Screening No. 7. District 8. Name of the division 9. Name of road 10. Is the road? PWD/Non-PWD 11. Category of road Rural/Village/Urban/Other district road 12. Proposed category 1-Maintenance of existing bridge 2-Replacement of distressed bridge 3-Widening of existing narrow bridge 4-Replacement of temporary bridge 5-Constriction of new bridges 6-Replacement of collapsed/washed-out/ climate vulnerability 13. Existing Bridge Length (RM) 14. Proposed Bridge Length (RM) 15. Existing Road Width (M) 16. Type of bridge BUG/wooden/bamboo/RCC/RCC with steel 17. No of lane (proposed) / Road Single/double/other (specify) Width 18. GPS Coordinates X: Y: 19. Highest Flood Level (HFL) considered for design 20. Bridge Details in brief Current condition Traffic status Type of traffic – rural ( 2W / tractors / commercial passenger vehicles ) B. Statutory Clearance requirements along with expected timelines a. Forest Page 83 of 101 b. Water resources / irrigation / ground water c. Pollution control board d. Others as applicable C. Sub project map (Survey of India and google earth) should cover 500-meter buffer D. General Information (Include a location map of the proposed site on Survey of India toposheet depicting the immediate vicinity of 500 meters, drainage channels and other features) Project Details Sl.no Components Details 2. Details of each Activities proposed (main components including construction activities) 3. Location of the bridge Site & Site Survey No:/s (with ownership) 4. Current Land use (Provide information for RoW details and immediate vicinity (map the bridge site), any historic land use use google earth as the base for (related to heritage, or contamination) depicting the details) 5. Reason for selecting the proposed site 6. Alternative Sites considered 7. Details of Alternative sites during site visit 8. Connectivity (By road/ rail/ waterways) 9. Approach Road to the bridge site 10. Dredging (of waterbodies) Activities E. Proposed Resource Use (ESS3) S Proposed Resources Area/Quantity Unit Details No (i) Land Area proposed to be used: Location wise (in acre/ sq km / sq m) Actual construction Temporary use for camp area, storage, haul road, etc. (ii) Estimated energy consumption for the project activities – Source wise – fossil fuel, electricity (iii) Estimated usage of water quantity for the project: Page 84 of 101 Ground Water Surface water (iv) Estimate usage of different material Steel, cement, sand, mud etc F. Baseline Environmental Conditions (ESS1) Sl.no Environmental Aspects Yes No Details 1. Is the project site located on or adjacent Distance in Km to any of the following (Provide information for all sites and alignment of Depicted on a survey of India the project components/subcomponents, sheet and google earth satellite associated activities) imagery i) Habitat Types- With in 0.5 km Modified, natural or Critical Habitat Mention name and Distance Km which is of the nearest habitat ii) Critically Vulnerable, Eco- sensitive Areas With in 0.5 km Mention name and Distance Km which is of the nearest eco sensitive area iii) Cultural Heritage site, Protected With in 0.5 km monuments Mention name and Distance Km which is of the nearest sites iv) Natural Forests / Protected Areas With in 0.5 km Is the sub project in an eco- sensitive or Mention name and Distance Km adjoining an eco-sensitive area? If Yes, provide details. Which is the nearest natural/protected area v) Any other Wetlands/ other important With in 0.5 km area? Mention name and Distance Km which is the nearest site vi) Any Natural Habitat areas, areas with With in 0.5 km natural features? Mention name and Distance Km which is the nearest area vii) Any other Sensitive Environmental Religious, heritage historic sites and Components? cultural properties Archaeological monuments/sites Scenic areas Hill resorts/Mountains/ Hills Health resorts Biosphere reserves/ Wetland/ Beel National park and Wildlife sanctuaries and reserves Natural lakes, Swamps Seismic zones tribal Settlements Areas of scientific and geological interests Page 85 of 101 Defence installations, especially those of security importance and sensitive to pollution Border areas (international) Tiger reserves/Elephant reserve Habitat for migratory birds Lakes, Reservoirs, Dams Streams/Rivers/Estuary/Seas If Yes, Mention name and Distance Km Which is the nearest viii) Any Residences, schools, hospitals, If Yes, Mention name and sensitive receptors? Distance Km List the sensitive receptor nearest to bridge ix) Any culturally – socially important paths, If Yes, Mention name and areas/religious occupancies, burial Distance Km grounds, tourist or pilgrim congregation Which is the nearest such sites? areas, borders, etc? x) Any Drinking water source, upstream If Yes, Mention name and and downstream uses of rivers, etc? Distance Km Which is the nearest to site and distance xi) Any Low-lying areas prone to flooding Please give details about area Influence? surrounding the bridge xii) Any areas affected by other disasters? Please ask any other disaster (erosion) 2. Is the site in Critical / Over Exploited condition? 3. Is the area disaster-prone? If yes; list all List in last one year disaster zone categories applicable Flood/ erosion/ earth quake/ fire etc 4. Describe the soil and vegetation on site Detail 5. Is the site area and condition suitable for proposed development? 6. Describe existing pollution or degradation in the site(s) 7. Any existing ‘Associated Facilities’ within 1km radius of the project? If yes, please furnish the details 8. Does the area have any existing component leading to GHGs 9. Does the Area have any component leading to climate change? 10. Any other remarks on baseline condition? Page 86 of 101 G. Anticipated Environmental Impacts: Impacts on Land, Geology and Soils (ESS1) Sl.no Impacts Yes/ No Details May create 1. Will the proposed bridge cause the following on Land / Soil: i) Impact on Surrounding Environmental Conditions including Occupation on Low lying lands/flood plains ii) Substantial removal of Top Soil (mention area in sqm) iii) Any degradation of land / eco-systems expected due to the project? iv) Loss or impacts on Cultural/heritage properties (ESS8) v) Does the project activity involve cutting and filling/ blasting etc? vi) Will the project cause physical changes in the project area (e.g., changes to the topography) due to earth filling, excavation, earthwork or any other activity? vii) Will the project involve any quarrying? viii) Does the project involve any land reclamation? If yes, please provide the following details ✓ Activity for which land to be reclaimed ✓ Area of land to be reclaimed (Hectares) ix) Will the project / any of its component contaminate or pollute the Land? x) Will the project contribute to any long- term significant adverse (negative), large scale, irreversible, sensitive impact at a regional scale or area broader than the project sites? H. Impacts on Water, Air, Soil and Noise Environment (ESS3) Sl.no Impacts Yes/ May No Details Create Page 87 of 101 1. Will the subproject or its components cause any of the following impact on Water sources (Quantity or Quality): i) Will the activities proposed at the site(s) impact water quality (surface or underground) and water resource availability and use? Will this sub- project involve the dredging of water bodies, canals, etc. ii) Impacts on Water Resources iii) Pollution of Water bodies/ground water nearby or downstream iv) Will the project affect the River /cannel Please indicate during flow pattern, stream pattern or any other construction – cofferdam etc irrigation canal? v) Will the project result in stagnation of water flow or pondage or weed growth vi) In case the approach road passes through a flood plain of a river following details are required: ✓ Detailed micro-drainage ✓ Flood passages ✓ Flood periodicity in the area vii) Will any equipment causing air pollution be used? What kind of equipment be used? viii) Will the equipment cause any noise pollution? What kind of equipment be used? ix) Will there be any risk of pollution due to waste water/ solid waste/ hazardous waste? I. Impacts on Biodiversity and Host Communities (ESS6) Sl.no Environmental Impacts Yes/ May No Details Create 1 Will the subproject or its components cause any of the following impacts on Biodiversity or the neighbourhood Page 88 of 101 i) Does the site preparation require cutting of trees? If yes, please furnish the following details: ✓ How many trees are to be cut? ✓ Species of the above trees Are there any protected/endangered species? If yes, provide details ii) Will the project result in Health & Safety Risks in the neighbourhood including the release of toxic gases, accident risks iii) Potential risk of habitat fragmentation due to the clearing activities?(e.g. Hindrance to the local biodiversity like disturbing the migratory path of animals/ birds/acquatic fauna, etc.) iv) Potential Noise and Light Pollution or disturbance to surrounding habitats/communities v) Potential disruption to common property, accessibility, traffic disruptions, conflicts or disruption to the local community within the subproject area? vi) Does the proposed project site involve any breeding or nesting ground? If yes, provide the following details -Name of the Organism -Type of Habitat - Period of the year in which the activity take place J. Impacts due to Storage and Wastes: Pollution and Hazards (ESS3 and ESS4) Type Yes No Details 1 Will the subproject or its components cause any impact due to storage of materials, wastes or pollution due to releases during various project activities i) Will the project use or store dangerous substances (e.g., large quantities of hazardous chemicals/ materials like Chlorine, Diesel, Petroleum products; any other? Page 89 of 101 ii) Will the project produce solid or liquid wastes; including construction/demolition wastes (including dredging, de-weeding wastes, muck/silt, dust); polluted liquids? iii) Will the project cause or increase air pollution or odor nuisance? iv) Will the project generate or increase noise levels which will impact surrounding biodiversity or communities? v) Will the project generate or increase visual blight or light pollution? vi) Will the project cause water pollution? (of waterbodies/ groundwater)? vii) Will the project involve dangerous construction activities which may be a safety concern to workers/ host communities viii Is there a potential for release of toxic gases or accident risks (e.g. potential fire outbreaks) 2 Describe any other features of the project that could influence the ambient environment 3 Were the probable environmental impacts discussed with stakeholders? K. Suggested Environmental Enhancement Measures Enhancement Measures Yes No Details 1 Has the subproject design considered the following enhancement measures? i) Energy conservation measures/ energy recovery options incorporated in subproject design ii) Considered waste minimization or waste reuse/recycle options iii) Rainwater harvesting, water recycling and other water resource enhancement measures Page 90 of 101 iv) Considerations for extreme events, drought, flood, other natural disasters vi) NOC for water withdrawal from surface water source vii) Mining Permit (for dredging) viii) NOC for transportation and storage of diesel, oil and lubricants, etc. required ix) NOC for establishment of labour camp x) Others (Mention) This Screening sheet must be completed for each of the proposed subproject and forwarded to the Environment Specialist in PMU along with the following enclosures. Enclosures: Provide maps with the geographical location of the project; and an appropriately scaled map clearly showing the project area and project sites with landuse, existing buildings, infrastructure, vegetation, adjacent land use, utility lines, access roads and any planned construction, and any other information to describe the project, locations and possible impact as required. Risk matrix for environment sensitivity Sample for reference screenshot attached below Page 91 of 101 Project Risk Categorization and Need for Safeguards Instruments, Oversight Project Category □ Low □ Moderate □ Substantial □ High Key Reasons Safeguards Instruments Required □ Detailed ESIA and ESMP □ ESA □ RAP □ Site-specific ESMP Page 92 of 101 Social Screening Format (apply to each sub-project) B. Impact on Assets – land, structure, community resources (utilities, public infrastructure, forest, land) Sl.no Components Yes No Details Location of sub-project 1. Is the project location in scheduled area 2. Is the project located in close proximity (within 1 km) of settlements with predominantly has scheduled tribe ? 3. Does the project require private land that belongs to the Tribals? 4. Does the private land belong to tribal (individual or group) 5. Is the sub-project located in settlement where majority belong to Scheduled Caste 6. Is the sub-project located in settlement where majority belong to Other Backward Caste? 7. Is the sub-project located in settlement where majority belong to General Population? 8. Is the sub-project located within tea estate? Land Ownership 9. Does the project require Government land? And which Department is the owner of the land? 10. Will the existing land use be within the 1km radius of the project area be affected? 11. Will the sub-project in the hills affect land beyond 1 km radius on valley or hill side of the sub-project? (specify) 12. Land requirement for the sub-project (in ha estimate) 10.1 Private 10.2 Government Village Council Land 10.3 Community 10.4 Forest Tea Estate (Name of Tea Garden) 10.5 Others (specify) Land Use Pattern Cropping pattern on the land that may be affected Shifting Cultivation 12.2 Total number of Fruit trees likely to be affected and type of fruit trees. Page 93 of 101 Total number of other trees and type of usage the trees. Area of Grazing land (Ha) Area of Loss of access to forest produce (NTFP) (Ha) Others (specify) Structures 13. Number and type (Kuchha, Semi-pucca, Pucca) of unauthorized structures including its usage , required permanently for the sub-project? 14. Number and type(Kuchha, Semi-pucca, Pucca) of unauthorised structures including its usage, required temporarily for the sub-project? 14 Number and type(Kuchha, Semi-pucca, Pucca) of private structures including its usage, required permanently for the sub-project? Number and type (Kuchha, Semi-pucca, Pucca)of private structures including its usage, required temporarily for the sub-project? Affected Household 11.1 Total number of Affected Hosuehold 11.2 Total Title Holders (residential and commercial) 11.3 Total Non-titleholders (Encroacher residential and commercial) 11.4 Total Non-titleholders (Squatter- residential and commercial) 13.3 15. No. of boat operators/country boatmen ferrying passengers across the river to be affected 16. No. of fisherman living on the proposed area to be affected Common Property 17. Total number of common properties and type to be affected Drinking Water Electrical Poles 18.2 Burial ground 18.3 Temple land 18.4 School/Anganwadi Is the project likely to restrict access to community resources (e.g. temporary or permanent restriction of access to public water source, access to school, ) Page 94 of 101 Community Centres 18.5 Other (specify) Cultural Heritage 18. Historical site(s) affected near (provide distance) the project site? 19. Archaeological heritage site(s) affected near (provide distance) the project site? 20. Graves or sacred groves affected near (provide distance) the project site? 21. Other Specify Grievance Management 22. Is there any dispute on Land? 23. Is there any functional grievance mechanism for tribals 24. Is there any functional grievance mechanism? 25. Is there any other conflict between groups in the settlements in close proximity to the sub- project? Community Health and Safety 26. Are there any prevalent incidents of communicable disease and water borne disease? 27. Do people migrate for seasonal work (distance of migration) 28. Do people migrate for long duration outside the state? 29. Are there any cases of missing children, youth and women? 30. Collate secondary data on crime rate and type of crime. 31. Would elements of project construction pose potential safety risks to local communities, commuters or pedestrians in the project area? Page 95 of 101 32. Are there any GBV prevention and response actors (NGOs, government notified shelter homes, police stations, community groups, etc.) in project area of influence? Labour requirement and facilities 33. Are there local contractors who implement similar works? (collate information from APWRD) 34. What types of workers are expected to be involved – unskilled skilled, semi-skilled In total how many workers? (collate information from APWRD) 35. Are there skilled and semi-skilled labour available in the neighbourhood? 36. Has there been any incident of contractor providing accommodation to labour near the settlements for any works implemented previously? Other issues 37. Is the project site in a populated area and/or with high vehicular traffic volume? 38. Is there sufficient street-lighting for monitoring public spaces in the project location? 39. Given the characteristics of the local community, are there any adverse impacts that may be anticipated? C. Beneficiaries 6. Population proposed to be benefitted by the Approx. no.: proposed project 7. No. of Females proposed to be benefitted by the Approx. no.: proposed project 8. Vulnerable households /population to be Approx. no.: benefitted 9. No. of Families to be benefitted Approx. no.: 10. What is the current mode of information dissemination in the area with respect to flooding of bridges/connectivity, relief, etc. Page 96 of 101 11. How do the communities want to be engaged by the project • Consultations regularly • Advertisements • Over phone/email • Through village level workers • Through Gaon bura 12. What is the level of frequency of such meetings/consultations desired by the community? 13. What is the type of information that they are desiring or are likely to request? 14. Who are the stakeholders normally involved in during relief due flooding of bridges/connectivity (e.g. Gaon Bura, block administration, Asha workers) (Enclosures: Land details for the project sites, location, survey numbers, extent available and required, land use classification, current use of the site, land ownership, alienation /acquisition status, as required along with a certificate giving availability of sites required for the project by the borrower.) Will any preliminary consultations be held ? If so add What consultations were conducted? Add details regarding what information about the project was conveyed? Were females and disadvantaged groups consulted. Provide some details at least. based on the preliminary survey and consultations who are the various stakeholders categorized by: i) Affected persons; ii) other interested persons and iii) disadvantaged and vulnerable groups. Project Categorisation and Need for Safeguards Instruments, Oversight Project Category □ Low □ Moderate □ Substantial □ High Key Reasons Safeguards Instruments Required □ Detailed ESIA and ESMP □ ESA □ RAP Risk related to □ Low, Moderate, Substantial or High Land Page 97 of 101 Tribal □ Low, Moderate, Substantial or High Labour □ Low, Moderate, Substantial or High Cultural Heritage □ Low, Moderate, Substantial or High GBV/SEAH □ Low, Moderate, Substantial or High Occupational Health and Safety to □ Low, Moderate, Substantial or High Labour/Community Schedule Area requirements □ Requirement of Gram Sabha resolution Yes No Status Agency / Official Name, Signature with Date and Seal Prepared by Social Consultant Checked and Social Specialist Categorized as PWD (low, moderate, substantial, high) by Page 98 of 101 Annexure 6: Focused Group Discussion FGD Topics • About the ARRBP. Number of villages/habitations benefited • Environmental baseline – proximity to eco sensitivity areas, environmental receptors (schools, colleges, temple etc), impacts on trees, etc • Labour related – Local/ community labour, outside labour, health and safety • Use of resources – water, labour camp, material • Community – health and safety of surrounding community, affected persons, incidence of women harassment and exploitation and modes of addressing such risks, community grievance redressal management • Loss of land both private and government, loss of livelihood, restricted access to resources etc. consultation with affected persons/community • Is the sub-project in/near tribal areas? FPIC with tribal community, mode of consultation/communication, any impact on tribal community, presence of community level committees, grievance redressal mechanism, any harassment/ exploitation etc • Any archaeological site, monuments, heritage, cultural importance site, sacred groves near to proposed site etc. • Mode of communication, type information required during the project implementation, channels for feedback, etc. • Any other Page 99 of 101 Attendance Sheet Name of Road: Name of the village Location: Date: Start Time: End Time: Sl. Name and Address Occupation Contact Signature No. Signature of Team Members Page 100 of 101 Annexure 7: List of Resources A. Resettlement Plan/ Framework for recent projects undertaken by PWRD B. Implementation report for LA R&R for recent projects C. National and state legislations and policies listed in the Legal Framework chapter. D. Details of public consultations organized by the PWRD (Date, participants, duration, etc.) during recent project preparation/ implementation E. Training programs on health and safety, workers welfare, emergency preparedness for staff, contractors, and workers undertaken F. SoPs on workers’ safety- Information on accidents, near misses and action. G. Grievance redressal mechanism for projects (e.g., Project Affected Persons, construction workers), and staff in general and GRM report (if any) for FY 2021-22. Details on constitution and convening of Grievance Redressal Committees (if any). H. Internal Complaints Committee and SHW Policy I. Break up of all PWRD staff along gender, SC/ST/OBC and persons with disabilities J. Bid documents of recent projects and DPRs for any quick win packages to be shared. K. Inception report of Environmental and Social Assessment (ESA) Consultant hired under the Program. Page 101 of 101