01 LOAN NUMBER 9329-IN Operation Agreement (West Bengal Building State Capability for Inclusive Social Protection Operation) between INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT and STATE OF WEST BENGAL 02 LOAN NUMBER 9329-IN OPERATION AGREEMENT AGREEMENT between INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT ("Bank") and STATE OF WEST BENGAL ("Implementing Entity") ("Operation Agreement") in connection with the Loan Agreement ("Loan Agreement") of the Signature Date between INDIA ("Borrower") and the Bank, concerning Loan No. 9329-IN. The Bank and the Implementing Entity hereby agree as follows: ARTICLE IGENERAL CONDITIONS; DEFINITIONS 1.01. The General Conditions (as defined in the Appendix to the Loan Agreement) apply to and form part of this Agreement. 1.02. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the Loan Agreement or the General Conditions. ARTICLE II-- OPERATION 2.01. The Implementing Entity declares its commitment to the objectives of the Operation. To this end, the Implementing Entity shall carry out the Operation in accordance with the provisions of Article V of the General Conditions and the Schedules to this Agreement, and shall provide promptly as needed, the funds, facilities, services and other resources required for the Operation. ARTICLE III REPRESENTATIVE; ADDRESSES 3.01. The Implementing Entity's Representative is its Secretary, Finance Department, Government of the State ofWest Bengal. 3.02. For purposes of Section 10.01 of the General Conditions: (a) the Bank's address is: International Bank for Reconstruction and Development 1818 H Street, N.W. Washington, D.C. 20433 United States of America; and (b) the Bank's Electronic Address is: Telex: Facsimile: E-mail: 248423(MCI) or 1-202-477-6391 wbindia@worldbank.org 64145(MCI) 0% -2- 3.03. For purposes of Section 10.01 of the General Conditions: (a) the Implementing Entity's address is: Finance Department Government ofWest Bengal Nabanna (13th Floor) 325, Sarat Chatterjee Road, Shibpur, Howrah -711 102; and (b) the Implementing Entity's Electronic Address is: Telex: E-mail: 033-22144016 sudipkumar.sinha@gov.in AGREED as ofthe later ofthe two dates written below. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT By Authorized Representative Junaid Kamal Ahmad Name: _ country Director Title: ----------- 02-Mar-2022 Date: ----------- STATE OF WEST BENGAL By Authorized Representative Sudip Kumar Sinha Name: _ Secretary, Finance Department Title: ----------- -3- SCHEDULE 1 Execution of the Operation Section I. Implementation Arrangements A. Program Fiduciary, Environmental and Social Systems Without limitation on the provisions of Article V of the Program General Conditions, the Implementing Entity shall carry out the Program in accordance with financial management, procurement and environmental and social management systems acceptable to the Bank, which are designed to ensure that: 1. the Loan proceeds are used for their intended purposes, with due attention to the principles of economy, efficiency, effectiveness, transparency, and accountability; and 2. the actual and potential adverse environmental and social impacts of the Program are identified, avoided, minimized, or mitigated, as the case may be, all through an informed decision-making process. B. Other Institutional and Implementation Arrangements 1. Without limitation on the generality ofPart A ofthis Section I: (a) the Finance Department shall coordinate the implementation of the Program in connection with the Women and Child Development and Social Welfare Department, the Health and Family Welfare Department, and the West Bengal Electronics Industry Development Corporation Limited; and (b) the State Jai Bangla Coordination Unit, in close coordination with the agencies under (a) above shall be responsible for monitoring, evaluation and oversight of the Program and shall be staffed with monitoring and evaluation professionals with qualifications, experience and terms of reference acceptable to the Bank, and sufficient budget and resources for said activities. 2. The Implementing Entity shall maintain the Jai Bangla Technical Support Unit housed in the Finance Department throughout the implementation ofthe Operation with composition, including technical staff, resources, and terms of reference, acceptable to the Bank, to be responsible for the implementation of the Project. C. Program Action Plan 1. The Implementing Entity shall: (a) implement the Program Action Plan agreed with the Bank, in a manner and substance satisfactory to the Bank; and (b) refrain from amending, revising, waiving, voiding, suspending or abrogating, any provision of the Program Action Plan, whether in whole or in part, without the prior written concurrence of the Bank. -4- 2. In the event of any inconsistency between the provision of the Program Action Plan and those ofthis Agreement and/or the Loan Agreement, the provision ofthe latter agreements shall govern. D. Environmental and Social Standards for the Project 1. The Implementing Entity shall ensure that the Project is carried out in accordance with the Environmental and Social Standards, in a manner acceptable to the Bank. 2. Without limitation upon paragraph 1 above, the Implementing Entity shall ensure that the Project is implemented in accordance with the Environmental and Social Commitment Plan ("ESCP"), in a manner acceptable to the Bank. To this end, the Implementing Entity shall ensure that: (a) the measures and actions specified in the ESCP are implemented with due diligence and efficiency, and provided in the ESCP; (b) sufficient funds are available to cover the costs of implementing the ESCP; (c) policies and procedures are maintained, and qualified and experienced staff in adequate numbers are retained to implement the ESCP, as provided in the ESCP; and (d) the ESCP, or any provision thereof, is not amended, repealed, suspended or waived, except as the Bank shall otherwise agree in writing, as specified in the ESCP, and ensure that the revised ESCP is disclosed promptly thereafter. 3. In case of any inconsistencies between the ESCP and the provisions ofthis Agreement, the provisions ofthis Agreement shall prevail. 4. The Implementing Entity shall ensure that: (a) all measures necessary are taken to collect, compile, and furnish to the Bank through regular reports, with the frequency specified in the ESCP, and promptly in a separate report or reports, if so requested by the Bank, information on the status of compliance with the ESCP and the environmental and social instruments referred to therein, all such reports in form and substance acceptable to the Bank, setting out, inter alia: (i) the status of implementation ofthe ESCP; (ii) conditions, if any, which interfere or threaten to interfere with the implementation of the ESCP; and (iii) corrective and preventive measures taken or required to be taken to address such conditions; and (b) the Bank is promptly notified of any incident or accident related to or having an impact on the Project which has, or is likely to have, a significant adverse effect on the environment, the affected communities, the public or workers in accordance with the ESCP, the environmental and social instruments referenced therein and the Environmental and Social Standards. 0 -5- 5. The Implementing Entity shall establish, publicize, maintain and operate an accessible grievance mechanism, to receive and facilitate resolution of concerns and grievances of Project-affected people, and take all measures necessary and appropriate to resolve, or facilitate the resolution of, such concerns and grievances, in a manner acceptable to the Bank. E. Operation Manual 1. Not later than three (3) months after the Effective Date (or such other date which the Bank has confirmed in writing to the Implementing Entity is reasonable and acceptable under the circumstances, as determined by the Bank in its sole discretion), the Implementing Entity shall prepare and adopt an implementation manual for the Operation (the "Operation Manual") in form and substance acceptable to the Bank. 2. The Implementing Entity shall thereafter ensure that the Operation is carried out in accordance with the Operation Manual, and except as the Bank may otherwise agree in writing, shall not amend or waive, or permit to be amended or waived, any provision ofthe Operation Manual. 3. In the event of any conflict between the provisions of the Operation Manual and those of this Agreement, the provisions ofthis Agreement shall prevail. Section II. Excluded Activities The Implementing Entity shall ensure that the Program shall exclude any activities which: A. in the opinion ofthe Bank are likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people; or B. involve the procurement of: (1) works, estimated to cost seventy-five million Dollars ($75,000,000) equivalent or more per contract; (2) goods, estimated to cost sixty million Dollars ($60,000,000) equivalent or more per contract; (3) non-consulting services, estimated to cost sixty million Dollars ($60,000,000) equivalent or more per contract; or (4) consulting services, estimated to cost thirty million Dollars ($30,000,000) equivalent or more per contract. Section III. Operation Monitoring, Reporting and Evaluation A. Program Reports and Project Reports 1. The Implementing Entity shall monitor and evaluate the progress of the Operation and prepare Program Reports and Project Reports in accordance with the provisions of the General Conditions. Each Program Report and Project Report shall cover the period of one calendar semester, and shall be furnished to the Borrower and the Bank not later than forty-five (45) days after the end of the period covered by such report. O7 -6- B. Independent Verification Agent(s) The Implementing Entity shall: 1. maintain, at all times during the implementation ofthe Program, one or more Independent Verification Agent(s) under terms of reference acceptable to the-Bank, to verify the data and other evidence supporting the achievement of one or more DLRs as set forth in the table in Schedule 4 to the Loan Agreement and recommend corresponding payments to be made, as applicable; and 2. (i) ensure that the Independent Verification Agent(s) carries out verification and process(es) in accordance with the Verification Protocol; and (ii) submits to the Bank the corresponding verification reports in a timely manner and in form and substance satisfactory to the Bank, prior to submission of any withdrawal application under Categories ( 1) to (6) ofthe table in Section IV .A of Schedule 2 to the Loan Agreement. C. Protection of Personal Data The Implementing Entity shall: (a) ensure that the Operation's activities involving collection, storage, usage, and/or processing of Personal Data are carried out with due regard to the Borrower's existing legal framework and appropriate international data protection and privacy standards and practices; (b) in the event that, during the implementation of the Operation, the approval of any new legislation regarding Personal Data protection may have an impact on the activities financed by the Operation, ensure that a technical analysis ofsaid impact is conducted, and that the necessary recommendations concluding the assessment and adjustments deemed necessary to efficiently protect Personal Data, are implemented, as appropriate; and (c) except as may otherwise be explicitly required or permitted under this Agreement and/or the Loan Agreement, or as may be explicitly requested by the Bank, in sharing any information, report or document related to the activities described in Schedule I to the Loan Agreement, ensure that such information, report or document does not include Personal Data. 09 -7- SCHEDULE2 PROGRAM ACTION PLAN Action Description Source DLI# Responsibility Timing Completion Measurement Govern ment issues Technical DLI 1 DWCDSW Other Year 1 Copy of Data Exchange Policy & orders/ circulars/ Pro tocols and Data Sharing memoranda on Guidelines shared by the Data Exchange govern ment Policy & Pro tocols and Data Sharing Guidelines Coordinate policy Technical DLI 4 DWCDSW Other Year 2 Copy of minutes of the meeting dialogue on and report to increase FLFP effective solutions to increase FLFP with relevant part ners and stakeholders Redeployment of Technical DU 5 DWCDSW Other Year 1 Copy of notification on re- fr ontline workers deployment of fr ontline (AWW & ASHA) as workers obtained. the household case management worker Training of Technical DLI 5 DWCDSW Other Year 1 & 2 Copy of training schedule, fr ontline workers in training content obtained household case management, home and community-based care and rehabilitation Training of Technical DLI5 DWCDSW Other Year 1 & 2 Copy of training schedule, fr ontline workers in training content obtained remote care & rehabilitation assistance using teleconsulting system Community Technical DLI 5 DWCDSW Other Year 1 & 2 Copy of information, education mobilization and and communication campaign awareness materials obtained campaigns to ensure citizens are aware of opport unities and entitlements 0% -8- Establish a Fiduciary Depart ment of Finance Other By end of A copy of office order or mechanism for Systems Year 1 fr om notification obtained conducting annual Program post review of Effectivenes contracts by an s independent firm and act on their recommendation. Set-up a centralized Fiduciary Depart ment of Finance Other By end of A copy of standard operating procurement Systems Year 1 fr om procedure obtained on complaint redressal Pro gram centralized pro curement system in Jai Bangla Effectivenes redressal system Technical Support s Unit which shall have a clear pro tocol and web interf ace to receive complaints and clearly defined ru les and authorities to resolve/process the complaint/ suggestions Develop a State Environmental 'DLl4 DWCDSW Other Year4 A copy of appro ved State Action Plan for and Social (implement Action Plan by competent Women Systems ation to be authority obtained in accordance with timelines indicated in SAPW) Conduct annual Enviro nmental DWCDSW and Social Other Year 3 Annual copy of Social Audits social audits of the and Social Audit Committees onwards obtained Program Systems - --- Develop guidelines Environmental DWCDSW Other Year 2 An approved copy of guidelines and protocols for and Social and protocols obtained fr om social audit of the Systems the competent authority. Program