SFG2250 REV INLAND WATERWAYS AUTHORITY OF INDIA Ministry of Shipping, Government of India CAPACITY AUGMENTATION OF NATIONAL WATERWAY.1 Jal Marg Vikas Project Co solidated “ocial I pact Assess e t cu “ocial Ma age e t Pla /Resettle e t Actio Pla 15th October 2016 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table of Contents EXECUTIVE SUMMARY .................................................................................................... ..1 Chapter 1. Introduction ............................................................................................................. 13 1.1. Introduction and Project Description .................................................................... 13 1.2. Benefits of the Project ......................................................................................... 15 1.3. Development Plans of site projects. .................................................................... 16 1.4. Minimising Resettlement ..................................................................................... 22 Chapter 2. : Methodology ......................................................................................................... 24 Chapter 3. Socio Economic Profile of the Influence Area and Impacts On Project Affected Families ............................................................................................................................. 26 3.1. Socio Economic pattern ...................................................................................... 26 3.2. Project impacts in affected area .......................................................................... 27 3.3. Impact on Structures ........................................................................................... 31 3.4. Impact on trees: .................................................................................................. 33 3.5. Impact on Livelihood: .......................................................................................... 34 3.6. Impact on livestock .............................................................................................. 34 Chapter 4. Public Consultations ............................................................................................. 35 4.1. Observations from the KII, FGD and Consultation Meetings................................ 35 4.2. Other stakeholder Suggestions ........................................................................... 42 4.3. Disclosure and consultation plan ......................................................................... 43 Chapter 5. : Key Laws and Regulations ............................................................................... 45 5.2. World Bank Safeguard Policies ........................................................................... 48 5.3. Process of Land Acquisition and Other Immovable Assets .................................. 59 5.4. Project Specific R&R Policy................................................................................. 60 5.5. Definitions ........................................................................................................... 66 Chapter 6. : Relocation Plan .................................................................................................... 69 6.1. Physical Displacement and Relocation in the Subproject .................................... 69 Chapter 7. : Livelihood Enhancement Plan ......................................................................... 74 7.1. Skill development for Project Affected families at Sahibganj................................ 74 Chapter 8. : Gender Development Plan ................................................................................ 75 8.1. Gender Profile along the Project ......................................................................... 75 8.2. Profile of Women Headed Households ................................................................ 75 8.3. Addressing Gender and Health Issues in Sahibganj ............................................ 77 Chapter 9. : Labour, Health and Safety ................................................................................. 80 9.1. Provisions for Labourers in the Construction phase ............................................ 80 Chapter 10. : Budget .................................................................................................................... 82 Chapter 11. : Implementation structure and institutional arrangements ....................... 85 11.1. Social Development Specialist ............................................................................ 85 11.2. Officer- in-charge cum Resettlement Officer ........................................................ 85 11.3. Social Officer at PIU ............................................................................................ 85 11.4. RAP implementation Team.................................................................................. 86 11.5. Contractor ........................................................................................................... 86 11.6. Technical Supervision Consultants...................................................................... 87 Chapter 12. : Grievance Redress Mechanism ....................................................................... 90 12.1. Lodging a complaint on CPGRAM: ...................................................................... 90 12.2. Processing the complainant: ............................................................................... 91 EQMS-AIAID-IRG JV 2 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 12.3. Nodal officer for grievance redress at IWAI: ........................................................ 91 12.4. Redress of Project Related grievances: .............................................................. 91 12.5. In case of non-resolution: .................................................................................... 91 12.6. Timelines:............................................................................................................ 91 12.7. Extension of the existing system and linking with phone based registration of complaints: 91 12.8. Process flow for grievance redressal through toll free grievance mechanism ...... 91 Chapter 13. Citizen’s Engagement Mechanism .................................................................... 95 13.1. Feedback mechanisms ....................................................................................... 95 13.2. Plan for consultations .......................................................................................... 95 Chapter 14. : Monitoring and Evaluation Plan ...................................................................... 96 14.1. Internal Monitoring .............................................................................................. 96 14.2. External Periodic Evaluation and Concurrent Monitoring ................................... 101 List of Tables Table 1.1 : The proposed terminal site with respect to location, area .................................. 18 Table 1.2 : The proposed navigation lock site with respect to location, area ....................... 21 Table 1.3 : Comparative Analysis of Alternatives in Farakka ............................................... 23 Table 3.1 Details of Affected Family .................................................................................... 28 Table 3.2 Social Category of Affected Families ................................................................... 28 Table 3.3 Religious Category .............................................................................................. 28 Table 3.4 Literacy level of PAPs ......................................................................................... 29 Table 3.5 Marital Status of PAPs ........................................................................................ 29 Table 3.6 Occupational Profile of affected population.......................................................... 29 Table 3.7 Monthly Incomes ................................................................................................. 30 Table 3.8 Total Land Acquired ............................................................................................ 30 Table 3.9 Land Use Pattern ................................................................................................ 31 Table 3.10 Impact on Structures ......................................................................................... 31 Table 3.11 Type on Structures ............................................................................................ 31 Table 3.12 Usage of Structures ........................................................................................... 31 Table 3.13 Typology of Main Structure ................................................................................ 32 Table 3.14 Impact on Other Assets ..................................................................................... 33 Table 3.15 Type of trees ..................................................................................................... 33 Table 3.16 Livelihood Pattern.............................................................................................. 34 Table 3.17 Live stock .......................................................................................................... 34 Table 4.1 Summary of Focus Group Discussions ................................................................ 36 Table 4.2 : Details of PCM .................................................................................................. 40 Table 4.3 : Summary of FGD .............................................................................................. 41 Table 5.1 : Relevant Legislations ........................................................................................ 45 Table 5.2 : Safeguard Policies of World Bank ..................................................................... 49 Table 5.3 : Comparative Analysis of World Bank OP 4.12 on Involuntary Resettlement and RFCTLARR Act, 2013 .................................................................................................. 50 Table 5.4 : Entitlement Matrix for Jal Marg Vikas Project .................................................... 61 Table 6.1 : Relocation schedule .......................................................................................... 72 Table 8.1 : Education Level of Women PAPs along the Project Area .................................. 75 Table 8.2 : Profile of Women Headed Households .............................................................. 76 Table 8.3 : Outcome of FGD with female group .................................................................. 77 Table 10.1 : Cost of R&R .................................................................................................... 82 Table 14.1 : Frameworks for Internal Monitoring ................................................................. 97 Table 14.2 : Monitoring Indicators for R&R Implementation and Grievance Redressal ...... 100 Table 14.3 : Frameworks for External Monitoring .............................................................. 102 EQMS-AIAID-IRG JV 3 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 List of Figures Figure 1.1 : National Waterways-1 ...................................................................................... 15 Figure 1.2 : Ramnagar Terminal – Revenue map with the affected plots marked for Terminal and proposed Approach Road ..................................................................................... 17 Figure 1.3 : Proposed Haldia terminal at Durgachak in the Google map ............................. 19 Figure 1.4 : Proposed Farakka Navigation lock at Farakka in the Google map ................... 20 Figure 1.5 : Project area – Farakka Navigation Lock ........................................................... 21 Figure 1.6 : Some salient features of the proposed navigation lock site and its surroundings are shown in the following photos. ............................................................................... 21 Figure 11.1 : Organisation Structure ................................................................................... 88 List of Annexure Annexure-I ........................................................................................................................ 104 Annexure-II ....................................................................................................................... 107 (Notification and Declarations) .......................................................................................... 107 Annexure-III ...................................................................................................................... 114 PAF List (Structures) ......................................................................................................... 114 Annexure-IV ...................................................................................................................... 128 PAF list (Land owners) .................................................................................................... 128 Annexure-V ....................................................................................................................... 133 Resettlement Policy Framework ........................................................................................ 133 EQMS-AIAID-IRG JV 4 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Abbreviations EA EXECUTING AGENCY EIA ENVIRONMENT IMPACT ASSESSMENT EMP ENVIRONMENT MITIGATION PLAN ESMF ENVIRONMENT AND SOCIAL MITIGATION FRAMEWORK FGD FOCUS GROUP DISCUSSION GOI GOVERNMENT OF INDIA GoJ GOVERNMENT OF Jharkhand IA IMPLEMENTATION AGENCY IWAI INLAND WATERWAYS AUTHORITY OF INDIA IWT INLAND WATER TRANSPORT KII KEY INFORMANT INTERVIEW NGO NON GOVERNMENT ORGANISATION PAF PROJECT AFFECTED FAMILIES PROJECT AFFECTED PERSON PAP PAH PROJECT AFFECTED HOUSEHOLD PCM PUBLIC CONSULTATION MEETING RIGHT TO FAIR COMPENSATION &TRANSPERENCY IN LAND RFCTLARRA 2013 ACQUISITION AND REHABILITATION AND RESETTLEMENT ACT RPF RESETTLEMENT POLICY FRAMEWORK RAP REHABILITATION ACTION PLAN SMP SOCIAL MITIGATION PLAN EQMS-AIAID-IRG JV 5 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Executive Summary A. Project description The Inland Waterways Authority of India (IWAI), Ministry of Shipping, Government of India is implementing the Jal Marg Vikas Project for capacity augmentation of navigation on National Waterway -1 (Varanasi to Haldia stretch) on the Ganga- Bhagirathi-Hoogly River System. The capacity augmentation primarily proposed includes development of the infrastructural facilities i.e. river terminals with appropriate cargo handling capacity and equipment for facilitating integration with other modes of transportation; one navigational lock, provision of navigation aids; river information system; RO-RO jetties; bank protection / slope protection; river training works; two barges; inland vessels; survey vessels including rescue boats and survey equipment and dredging facilities. Among the interventions, construction of six IWT terminals are proposed, of which, the sites of three terminals and one navigational lock have been identified. The project is being implemented with the technical assistance an investment support of the World Bank. IWAI is the Implementing Agency (IA). Considering the available LAD and cargo demand scenario, IWAI is focusing on the stretch between Haldia to Varanasi on the National Waterway -1 in Phase -1 at present. B. Scope of Land Requirement The 4 major infrastructural facilities identified and planned include multimodal terminals at Varanasi, Sahibganj and Haldia and Navigation lock at Farakka. The land requirement for the identified sub projects is summarised below: Varanasi – A total of 7.001 ha is required for the construction of terminal and an access road linking the terminal to NH-7. This includes 5.586 hectares of land already under IWAI’s possession and an additional requirement of 1.415 hectares of land for road connectivity in the Phase -1 of the project. The development of facilities will be undertaken in two phases. The construction of the off-shore facilities will be undertaken in Phase 1(A) on 5.586 ha of land which was acquired in 2010 under the Land Acquisition Act, 1894. Under Phase I (B), the road connectivity will be provided, for which 1.415 ha of land has been identified and is being purchased through negotiated settlement with the land owners. Sahibganj – The requirement of land for construction of the terminal with road and rail connectivity has been estimated at 78.91 ha. The facility will be developed in two Phases. Approximately 23.98 ha of will be required for Phase- I to build the terminal. 54.93 ha will be required for the expansion of the terminal and for providing road connectivity, which is proposed to be taken up in Phase- I (B). However, the District Administration, Sahibganj has initiated acquisition proceedings for 45.20 ha of private land for the terminal under RFCTLARR 2013. In addition to this, 2.89 ha of government land will also be transferred to IWAI. The details of the notifications by the District Administration are given below: Affected Villages Private land to be Date of Notification Date of Declaration acquired as per Section 11 (1) as per Section 19 (1) EQMS-AIAID-IRG JV 6 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 of RFCTLARR Act of RFCTLARR Act 2013 2013 Samdanala 40.49 Ha 04.07.2015 29.10.2015 Rampur 4.71 Ha 08.07.2015 29.10.2015 Haldia – 24.68 ha of land in the Haldia Dock Complex has been leased and transferred by the Kolkata Port Trust to IWAI on 30-year lease on June, 2015. Farakka – 14.86 ha of land in Farakka Barrage Project has been transferred by the Ministry of Water Resources, River Development and Ganga Rejuvenation to Ministry of Shipping, with IWAI the custodian, on March 2, 2016 after cabinet approval and after IWAI deposited Rs.2.35 crores towards transfer land. RAP will be prepared for subsequent sub –projects after finalisation of locations and maybe updated for Farakka new navigational –lock following the finalisation of design by the contractor. C. Summary of Project Impacts A Social Impact Assessment was carried out at all the four locations. of priority sections This Assessment indicated that only the project at Sahibganj will have impacts for the people. 275 families will be impacted by the land acquisition of 45.2 ha of private land, which includes agricultural and homestead land. Out of these, 235 families will lose their residential structures and will require to be relocated. Summary of land requirement and scope of SIA is summarised below: Name of Land Privat Government SIA No.of No of No. of sub project required e land land complete families total total in (Ha) requisi (Ha) d for (Ha) displace project Project tioned d (losing affected affected in (Ha) structure families person s) s Multimodal 5.586 - 5 5.586 5.586 - - 0 Terminal Varanasi Phase (1a) Road 1.415 Connectivity Multimodal 23.997 45.02 2.89 48.09 235 275 1397 Terminal Sahibganj Phase -1 Road 3.5 * Connectivity ROB 6.11 0** Multimodal 24.68 24.68 24.68 - - 0 Terminal Haldia EQMS-AIAID-IRG JV 7 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 New 14.86 14. 86 14.86 - - 0 navigational lock at Farakka Total*** 80.148 45.02 48.016 93.216**** 235 275 1397 * Verification of land details and requirement going on ** Finalisation of requirement as per DPR consultants on going. *** Tentative to change as per final contours of the project for the other interventions **** SIA for Road Connectivity in Sahibganj and Varanasi, ROB in Sahibganj and additional terminals and RO- RO facilities will be completed once land requirement and locations are finalised. Loss of Private Land: Type of Land To be acquired Area % age to Total Private S. (Hectares) Land No. 1. Land with Orchard 18.935 ha 41.79 2. Barren Land 6.879 ha 15.22 3. Land with structure 9.611 ha 21.26 4. Un surveyed 9.821 ha 21.73 5. Total 45.2 ha 100 Loss of structure S.no. Typology of structures No of structures 1. Residential structures 235 2. Common Property Resources 2 3. Government structures 2 Total 239 Amongst the affected families, 40 are absentee landlords, who own orchard and agricultural land. In the case of 235 displaced families, 32 will lose both agricultural and homestead land. The remaining 203 displaced families will only lose their homestead land, including structure and 2 will lose residential land cum commercial structure. These families will be relocated to a habitation close to the affected area. Loss of Land: Out of the 40 absentee titleholders, 21 own orchards (15.635 ha) and rest 19 (3.297 ha) are owners of vacant / barren land. Amongst the displaced, 32 will EQMS-AIAID-IRG JV 8 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 lose 4.58 ha of agriculture land and 3.2. ha of homestead land. The remaining 203 will lose 6.411 ha of homestead land and 2.253 of vacant land around the residential plots. Socio -Economic profile of Affected Families: 1397 persons, including 738 adults, will be affected. All 235 PAFs were Hindus and over 87% belong to the Other Backward Classes. Majority of the male working population in the affected area is constituted of daily wage labourers engaged in the nearby quarries, while the female working population is engaged in agricultural labour in the nearby villages. 65% of the residential structures were ‘kutcha’ mainly composed of mud walls with thatched roof. At the other locations, land is free from encumbrances. D. Public Consultation Stakeholder consultations and group discussions were conducted at all four identified locations during September-November 2015. A range of stakeholders, including villagers, municipal officials, fishermen and other users of the river in the neighbouring villages of the project sites were consulted. Issues regarding project’s impact on livelihood opportunities in the neighbouring villages and the impact on fish catch were some of the major concerns raised at Farakka, Haldia and Varanasi. At Sahibganj, a formal Public Consultation meeting was held and the issues raised by the Project Affected Families included the quantum of compensation for structures and trees and the relocation facilities that would be provided. These were jointly addressed by officials of IWAI and the District Administration, who disclosed the valuation method for computation of compensation for land, structures and tress and provided details of the relocation site. E. Legal Framework The legal framework adopted for land acquisition and resettlement of adversely affected people is guided by the existing legislation and policies of the GOI, the World Bank Operational Policy No. 4.12 on Involuntary Resettlement; and OP No. 4.11 on Cultural Property. Analysis of the national laws and policies indicates that broadly it meets the requirements of Bank’s safeguard operational policies. Accordingly, Resettlement Policy Framework (RPF) has been prepared mapping the laws and regulations and procedures relating to the agencies responsible for implementation of resettlement and compensation. An Amendment Ordinance to the Right to Fair and Transparent Land Acquisition and Resettlement and Rehabilitation Act was promulgated on 3 April, 2015. The Ordinance provided for exemptions for five categories of projects, namely, (i) Defence; (ii) Rural infrastructure; (iii) Affordable housing; (iv) Industrial corridors; and (v) Infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land. These 5 categories of projects were exempted from the requirement of consent of 80% of land owners to be obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects as well as conducting the Social Impact Assessment through a notification. In this context, the project would have come under category (v). Accordingly, the requirement of Social Impact Assessment under chapter II of the RFCTLARR 2013 for the Sahibganj was exempted as per rule 5 of the Jharkhand State Rules on RFCTLARR Act 2013. EQMS-AIAID-IRG JV 9 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Notwithstanding the same, as good practice, SIA was undertaken as per the World Bank requirements and a Social Impact Management Plan/Resettlement Action Plan has been prepared for the area initially notified by the district authorities in consideration of the applicable national laws and rules. F. Implementation structure The implementation of SMP/RAP is the responsibility of the implementing Agency (IWAI). A Social Development Specialist at Project Management Unit (PMU) will be responsible for overall coordination and monitoring of the implementation of SMP/RAP. The Social Officer at the Project Implementation Unit at the regional office will coordinate the field level activities related to the implementation of the SMP/RAP. At Sahibganj, as per the Section 43 of RFCTLARR Act 2013, Additional Collector has been designated as the ‘Administrator’ of R&R. The District Land Acquisition Officer (DLAO) will be the Nodal Officer primarily responsible for conducting the proceedings as per the requirements of the RFCTLARR Act 2013. The DLAO is responsible for ensuring the publication of notifications and declaration specified under the Act, preparation of the Award, determination of the value of the affected structures, disbursement of the compensation identification of land for resettlement and construction of the resettlement colony. An officer- in- charge cum Resettlement Officer will be deputed for liaison with the District Administration for all LA and RR activities. A RAP implementation team consisting of a land acquisition facilitator, livelihood expert, and MIS analyst will be appointed for implementation of SMP/RAP, community support and livelihood enhancement plans and the various health, safety and labour related safeguards etc. The team will provide support to the social officers at the PIUs. The technical support service consultants will additionally supervise the implementation of SMP/RAP. G. Grievance Redress Mechanism Project related grievances broadly relating to matters pertaining to resettlement and rehabilitation, grievances pertaining to construction-induced impacts, grievances pertaining to environmental issues around project sites etc are anticipated in course of the project implementation. The state government as per the Section 51 – 67 of RFCT LARR Act 2013 delineates the responsibilities of the state government in terms of establishing a Rehabilitation & Resettlement Authority and in determining the collector’s responsibility in disputes arising because of disbursement of compensation and R&R assistances. Section 60 of the said Act delineates that the R&R Authority will have the same powers as that of a civil court under Code of Civil Procedure 1908 in matters pertaining to land acquisition. The R&R authority is the designated authority to handle any disputes and grievances related to land acquisition and relocation. In addition to this, the Centralised Grievance Public Grievance Redress and Monitoring System (CPGRAMs) , a common online portal hosted by the Department of Administrative reforms and Public Grievances (DARPG), GOI is the established and functional grievance redress mechanism appropriated by IWAI. Citizens and aggrieved EQMS-AIAID-IRG JV 10 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 parties can lodge a complaint or a grievance to be redressed by IWAI and the JMVP through the CPGRAM online portal. Grievances are forwarded by the parent ministry (MoS) to IWAI and JMVP through the portal and timelines are allocated for the redress of each complaint. Each grievance is monitored by the parent ministry upto its resolution. Additionally, the existing redress mechanism is planned to be augmented with a toll free number to ensure accessibility to vulnerable segments and affected persons. Detailed work flow with key officers involved in the process are provided in the RAP and RPF. Resettlement Plan As the project will displace 235 residential structures at Sahibganj, site planning and development for the relocation of 235 affected families has been initiated by the District Administration. All Project Affected Families have been consulted by the Additional Collector and DLAO and have consented to relocate to the resettlement colony. A tentative timeline has been proposed for relocation of these affected families. The construction of the resettlement colony will be executed as per the PWD, building department’s specification through a contractor selected through an open bidding process, tendered by the District Administration. The allocation of houses in the resettlement colony will be done through draw of lots system to ensure transparency and the displaced community will be assisted in getting the institutional mechanism in place for the smooth functioning of the resettlement colony. Efforts will be made to link them to developmental schemes and other credit facilities available with government financial institutions. Families losing land and house will be counselled about the best avenues for investing the compensation received. Identity cards will be issued to each affected family after verification of PAPs. J. Livelihood Enhancement Plan Consultations will be held with the neighbouring communities in Varanasi, Haldia and Farakka to plan enhancement of skills of the people in the neighbouring settlements. As per the current skill base, those interested will be considered for short term courses at National Inland Navigation Institute on cargo handling and/ or terminal safety. At Sahibganj, counselling sessions will be facilitated by the SMP/RAP implementation team, particularly with women to ensure effective utilisation of R&R assistances to the project affected persons. Linkage to government programmes such the Pradhan Mantri Kaushal Vikas Yojana that aims at skill enhancement in technical and service job areas will be facilitated as per the needs and aspirations of the PAFs. K. Gender development Plan There are a total number of 642 women affected by the project. There are 16 women headed households the affected area. Women were specially consulted to ensure awareness about the project among them and understand their concerns with the project and any specific needs that need to be addressed. In accordance with the provisions of RFCTLARR Act 2013, women will have “joint title-holder” to the alternate housing facility to PAFs provided under the Second Schedule of the Act. Accordingly, to address the issues raised by women in the focus group discussions at Sahibganj, awareness camps will be conducted on pre- natal health. Women from Project Affected Families will be encouraged and counselled to take on community building activities in EQMS-AIAID-IRG JV 11 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 the resettlement colony. The needs of these WHHs will be given priority while providing support during relocation. Community Infrastructure initiatives in neighbouring areas of terminal locations (particularly in Sahibganj and Varanasi) like construction of toilets and street lights shall be considered upon further consultations and upon availability of budgetary allocations. Budget for various activities in the Gender Development Plan is included in the cost of RAP/SMP. L. Labour Health and Safety During the project implementation phase, labour, health and safety are some of the major areas where risks may emerge and mitigation measures have to be planned. The construction contractor is responsible for compliance of all labour laws of the Government of India and provision of the necessary infrastructural and welfare facilities stipulated in the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.The social officer at PIU and the Technical Support Services Consultant at Patna and Kolkata will be responsible for monitoring and compliance of these laws. M. Budget An overall cost of approximately 62 crores has been estimated for implementation of RAP. The cost will be met through budgetary allocation under the demand for grants for the Ministry of Shipping for the implementation period. N. Monitoring and Evaluation The project is responsible for internal monitoring on regular basis with the help of Social Officer of IWAI, PIU and Social Specialist of at PMU and the team for implementation of RAP. The PIU will submit monthly reports on compliance of labour laws, assistances disbursed, livelihoods facilitated, and grievances redressed. O. Citizen’s feedback and engagement mechanism Feedback is solicited through a module available on the IWAI website where citizen’s can register their suggestions, seek replies and feedback. The feedback generated is monitored by the EDP cell and the nodal officer for addressing the feedback is Secretary, IWAI. Additionally, a separate website for JMVP is being planned. News, updates, minutes and highlights of key consultations pertaining to the project will be put up regularly on the website of JMVP. The website will also have an option of providing feedback in the form of queries and comments and will be processed by the communication team at the PMU. A detailed plan with the timelines and actors for consultations during the project implementation phase is annexed in the Resettlement Policy Framework. EQMS-AIAID-IRG JV 12 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 1. Introduction 1.1. Introduction and Project Description Inland Waterways Authority of India (IWAI) was established by Government of India through the Inland Waterways Act, 1985 for development and regulation of Inland waterways for shipping and navigation. It came into existence on 27 October 1986. The Authority undertakes projects for development and maintenance of Inland Waterway Terminal infrastructure on National Waterways as part of its development mandate. The Ganga-Bhagirathi-Hooghly river system from Allahabad to Haldia has been declared as National Waterway-I (NW-I), which is 1620 km in length and traverses through four states of India, namely, Uttar Pradesh, Bihar, Jharkhand and West Bengal. IWAI has taken up the Jal Marg Vikas Project for capacity augmentation of navigational infrastructure of national Waterway-I from Varanasi to Haldia. Sustainable waterway development and management necessitates striking a balance over the intermediate and long term facilities to achieve the objectives of various water users and the carrying capacity of the natural transportation system. Inland waterway development requires the improvement or development of navigation and related infrastructure. To sustain navigation, waterways must be safe and reliable, with certain physical characteristics related to depth, clearance, width, alignment and waterway current velocity. To sustain the ecological character and environmental quality of river, waterways must also maintain their ecosystem functions (their natural physical, chemical and biological processes). IWT on NW-1 has the potential to form the most economic, reliable, safe and environmental friendly mode of transport. When developed for use by modern vessels operating on dependable rights of way, it can reduce investment needs in rail and road infrastructure, promote greater complementarities in the economic strategies of the riparian states, enhance intra-regional trade and, through increased economies of scale, significantly reduce transport costs for the benefit of the entire economy and India’s global trade competitiveness. There is already evidence of growing demand for transport on NW-1, especially for dry and liquid bulk cargoes. This includes demand from the thermal power plants, cement companies, fertilizer companies, oil companies, the Food Corporation of India and others for coal, fly-ash, cement and clinker, stone chips, edible oils, petroleum products, food grains and over dimensional cargo. One limitation on viable IWT on NW-1 is a weak navigation infrastructure. Currently, IWAI targets a least available depth of: 3.0m between Tribeni and Farakka; 2.5m depth between Farakka and Barh; 2.0m between Barh and Ghazipur; and, 1.5m between Ghazipur and Allahabad. Minimum channel widths are 45m. Conditions on both these rivers constrain year-round navigation by larger modern vessels that could deliver competitive advantage over other modes of transport. To overcome such constraints, IWAI, a statutory body under the Ministry of Shipping, through the Jal Marg Vikas Project, is planning to improve the navigability of the river EQMS-AIAID-IRG JV 13 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Ganga between Varanasi to Haldia by developing fairway, providing civil, structural, logistics and communication interventions required for this project. The following interventions have been proposed and planned under the Jal Marg Vikas Project.  Maintenance dredging to provide LAD in waterway/channel and the terminal facility  Improved Navigation Infrastructure & Navigation Aids o Construction of 10 Ro-Ro jetties & ferry passenger jetties. Locations of these jetties are yet to be identified. o Construction of 6 terminals: Site identification and planning for 3 terminals sites at Sahibganj, Varanasi and Haldia is completed. 2 more potential sites for development of terminals are identified at Ghazipur and Kalu Ghat. These two sites are still under consideration for finalization and planning of design at initial stage only. One more terminal site along NW-1 is being identified. o Construction of one Navigation Lock at Farakka, West Bengal. o Provision for tow barges, inland vessels, survey vessels including rescue boats and survey equipment. Development of low draught cargos. o Development of navigation aids along NW-1 for facilitation of day & night time navigation.  Development of efficient River Information System with all hardware & software.  Provision for bank protection / slope protection and river training works for critical locations.  The project will support detailed design preparation of passenger terminals at 18 locations in 6 cities (Allahabad, Varanasi, Patna, Munger, Haldia, Kolkata) for which the locations have yet to be identified.  The project at the operational stage, will substantially increase number and frequency of vessel that may lead to limited impact on the livelihood of the fisherfolk. IWAI has hired Central Inland Fisheries Research Institute to undertake environment and social assessment at sensitive locations to prepare mitigation plans, if required. The project also envisages the creation and improvement of integration opportunities with other surface transport modes such as roads and railways, so as to improve the overall efficiency of the logistics chain by linking the waterways through various well equipped terminals and jetties. The project is being implemented with the financial and technical assistance of the World Bank with IWAI being the Implementing Agency. Environmental and social aspects of inland waterway development need to be considered at early stage in project preparation to ensure the project achieves the sustainable transport and environmental objectives. As a part of this program, IWAI has commissioned studies to map and understand potential environmental and social impacts associated with navigation improvement of NW-I and to formulate a plan for effective mitigation and management of the impacts associated with the project. EQMS-AIAID-IRG JV 14 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 1.2. Benefits of the Project There is a strong demand for capacity augmentation of the entire NW-1 right up to Allahabad, as many potential shippers (thermal power plants, cement companies, fertilizer companies, and edible oil companies) have evinced interest to use the NW-1 if it is developed with adequate infrastructure to facilitate navigation by bigger vessels of 1200-1500 Dead Weight Tonnage (DWT). The development of infrastructure on NW-1 would lead to increased cargo traffic on large vessels between Haldia and Allahabad, reduce transport cost for shippers, reduce congestion and accidents on highways, and ensure convergence between river transport with other modes of transport, namely, road transport and rail transport and provide savings in carbon emissions for traffic on NW-1. Hence, the proposed project will benefit the overall transport system in India, facilitate the overall flow of goods and enhance economic opportunities in the region. Source: DPR Figure 1.1 : National Waterways-1 EQMS-AIAID-IRG JV 15 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 1.3. Development Plans of site projects. The 4 major infrastructural facilities identified and planned include multimodal terminals at Varanasi, Sahibganj and Haldia and Navigation lock at Farakka. The works at Varanasi and Sahibganj will be undertaken in two Phases. Specific Plans for each site is as follows: a. Varanasi. A multi-modal terminal is proposed to be constructed at Ramnagar Tehsil in the district of Varanasi over an area of about 5.586 ha (see below location and revenue map of acquired map below). The land for this terminal was acquired by government of Uttar Pradesh as per LAA 1894. Notification under section 4(1) was issued on September 2, 2009. Subsequent to this notification, a gazette notification was issued to take possession of the land within 15 days of publication of the notification under section 9(1) as issued on January 1, 2010. The Government of Uttar Pradesh acquired the land for the Terminal on behalf of the IWAI and handed over the land to IWAI in 2010. 12 families (in 4 khatas) affected by the acquisition received the compensation for the land acquired for Ramnagar Terminal. From amongst these families, one family has not withdrawn the compensation money from the government account and has approached the court of the District Judge, Varanasi, for a higher compensation. However, the land for the terminal is already in the possession with IWAI. Additional land for construction of an approach road from Phase 1(b) on 1.415 ha has been requisitioned and land is being acquired through negotiated settlements with the land owners. EQMS-AIAID-IRG JV 16 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Source: SLAO,Varanasi Figure 1.2 : Ramnagar Terminal – Revenue map with the affected plots marked for Terminal and proposed Approach Road b. Sahibganj A multi modal Terminal at Sahibganj will be set up at Samda Nala and Rampur villages in the district of Sahibganj in Jharkhand, near Sakhri railway station, 10 Km away from Sahibganj Town (see location map below). The total land requirement approved by the competent authority for the proposed project is estimated to be 78.91 ha (195 acres) land for terminal phase -1 and road connectivity. Total estimated land for phase I is approximately 24 Ha. The dimension of the terminal in Phase 1 is 738 mtsX 238 mts. The acquisition process has been initiated by the District Administration for 45.20 ha EQMS-AIAID-IRG JV 17 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 of private land and 2.89 ha of government land has been requisitioned for transfer. Copy of the notifications and declarations are at Annexure 2. Affected Villages Private land to be Date of Notification Date of Declaration acquired as per Section 11 (1) as per Section 19 (1) of RFCTLARR Act of RFCTLARR Act 2013 2013 Samdanala 40.49 Ha 04.07.2015 29.10.2015 Rampur 4.71 Ha 08.07.2015 29.10.2015 c. Haldia A multi modal Terminal will be set up at Durgachak, Haldia, Purba Medinipur on the bank of river Hoogly, located in Industrial Zone of Haldia dock Complex at Haldia, Purba Medinipur. The proposed project will be set up in the 24.68 ha (61 acre) leased land of. There is no involuntary resettlement involved in the land acquisition for this sub project. Table 1.1 : The proposed terminal site with respect to location, area Physical Location Geographic location Area Site In hectare s Mouza Municipality Ward Latitude Longitude Proposed 22.057944° 88.140222° Durgachak Haldia Municipality 9 24.68 site EQMS-AIAID-IRG JV 18 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Land use Location Topography pattern The site is a plain terrain. Prepared The site requires about 3-4 feet land filling. land for The overall shape of the site is rectangular making it more any kind suitable for a container terminal Of The site is situated on the offshore land of Hooghly river. industrial Proposed Road connectivity from Kolkata to the site is good activities site River and road connectivity from Kolkata to Haldia and other places is good Ample open space around the project site for keeping truck and lorry Figure 1.3 : Proposed Haldia terminal at Durgachak in the Google map EQMS-AIAID-IRG JV 19 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 d. Specific Plans at Farakka A new navigation lock will be constructed parallel to the existing lock on a 14.86 ha of land in the Farakka Barrage Project area, which was transferred to Ministry of Shipping with IWAI as its custodian, on 02.03.2016. The project site is located at Farakka Barrage Project area and the link between Bhagirathi and main Ganga upstream of Farakka Barrage (see map below). The site has an access road connecting it to the NH-34. Figure 1.4 : Proposed Farakka Navigation lock at Farakka in the Google map EQMS-AIAID-IRG JV 20 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Figure 1.5 : Project area – Farakka Navigation Lock Figure 1.6 : Some salient features of the proposed navigation lock site and its surroundings are shown in the following photos. Table 1.2 : The proposed navigation lock site with respect to location, area Physical Location Geographic location Area Site in Mouza Ward Latitude Longitude hectare Gram Sabha Proposed Bewa,Farakka 24.7977381 87.9065289 Bewa 0 14.86 site village Land use Location Topography pattern  The site is a plain terrain. Prepared Proposed  The site requires about 2-3 feet land filling. land for site any kind EQMS-AIAID-IRG JV 21 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  The overall shape of the site is rectangular making it more of suitable for navigational lock gate infrastructure  Road connectivity from Kolkata to project site is good development  River and road connectivity from Kolkata to Farakka and other places is good Source: AIAID field representative through physical observation during the site visit 1.4. Minimising Resettlement In order to minimise the adverse impacts of the project, sites were selected with due consideration of various social and technical modalities and land already available with other government bodies was preferred for three terminal locations. A summary of analysis of alternatives is given below: i. Varanasi The site for the Terminal was acquired by the IWAI in 2010 and hence being utilised for development of the terminal. ii. Sahibganj Sahibganj is an old town located on the right bank in Rajmahal – Bhagalpur stretch of NW-1 where 2.5 m Least Available Depth (LAD) is being maintained by Inland Waterways Authority of India (IWAI). This area is famous for transportation of stone chips as quarries of stones are situated nearby and substantial quantity of stone chips have been regularly transported from here through IWAI’s cargo vessels during last many years. Apart from transportation of stone chips, Sahibganj has a good potential for transportation of domestic coal of various coal mines located in Jharkhand. These coal mines are already connected with railway line which passes close to the river bank at Samdaghat, Sahibganj. There were two sites identified for this terminal, the criteria for selection of the final site were based on (i) Depth of the river, (ii) Stability of River Channel and (iii) avoiding dense settlement in peri-urban area of Sahibganj town. During the site selection, IWAI explored a few other possibilities including a site 4-5 kms upstream from Samdaghat which was thickly populated and located in the Sahibganj township area. Moreover, sufficient depth was not available in the channel. The river channel upstream at this location is also shifting northwards towards Bihar. Further, downstream of Samdaghat, the hilly terrain was not found feasible for construction of a terminal. Thus from every critical point of view, the selected site at Samdaghat in Sahibganj was found to be the only suitable location for developing a multimodal terminal for transportation of domestic coal, stone chips and other goods. The availability of navigational channel with sufficient depth and close to the bank are the most critical requirement for site selection. In consultation with local people and local revenue officials, such land (1500m x 350m) on the river bank at Samdaghat, was initially identified for development of the terminal. National Highway-80 is only about 1.00 km away from this terminal site. North Eastern Railway’s broad gauge line is at a distance of about 1.5 km from this location. The EQMS-AIAID-IRG JV 22 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 nearest railway station is Sakrigali situated on main Patna - Malda railway route. A stable navigation channel in the river has also available at this site. iii. Haldia The site at Haldia was finalised after considering several technical, environmental and social modalities. It is located in proximity to the industrial hub and is well connected by road and railways. The topography and the size of proposed site is suitable for developing the infrastructural facilities for cargo handling. Land acquisition was not required for this sub project as land has been leased encumbrance free from HDC for a 30 year period. iv. Farakka Two options were considered, for the lock site within the protected area of the Farakka Barrage Project. Table 1.3 : Comparative Analysis of Alternatives in Farakka Items Option 1 Option 2 The proposed lock is a The proposed lock is Location of site downstream of the existing parallel to the existing lock lock Area of land required 14.86 hectares 26.46 hectares Length of road to be 675 mts 980mts realigned Source: DPR Consultants In context of minimising the land requirement and realignment requirements option one was considered. EQMS-AIAID-IRG JV 23 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 2. : Methodology The main objective of this study is to map and understand potential social impacts associated with construction of facilities at the sites and to prepare, plan for management of the impacts. In accordance with the above, this report discusses the Social Impact Assessment for the sub-projects identified and accordingly mitigation measures have been proposed to address the adverse impacts. The study began with the identification of social issues and stakeholders and communities, including socially and economically disadvantaged communities. The scope of the study in particular included the following:  Identifying key social issues associated with the proposed project and specifies the project’s social development outcomes;  Reviewing policies, regulations and other provisions that related to resettlement and rehabilitation of project affected people and other social issues;  Social screening of various project components and likely impacts in terms of land acquisition (loss of houses, livelihood, etc.), and resultant involuntary resettlement and provide inputs (in terms of magnitude of impacts and likely costs for mitigation) in preparing appropriate mitigation plans;  Screen the social development issues in the project area and its vicinity and design the social services that may be provided by the project in order to improve the quality of life and achieve the projects economic and social goals;  Update the profile of the population and available infrastructure facilities for services in the project affected area based on the assessment of potential social and economic impacts, establish criteria that will assist in the formulation of strategies;  Inform, consult and carry out dialogues with the project stakeholders on matters relating to project design, objectives, and implementation and provide specific recommendations to avoid/minimize high social risks;  Screen the social development issues in the project area and its vicinity and accordingly design the social services that may have to be provided by the project in order to improve the quality of life;  Identify likely loss of community assets (e.g. school, community assets) including the religious structures and common property resources (e.g. forest, grazing land);  Assess the impact of influx of construction workers and others (both during civil works and operation of the project) on the incidence of HIV/AIDS and other diseases and develop a strategy to control them. Methodology for public consultation: To build awareness about the project and plan the measures for mitigating the risks associated with the construction of the terminals and the lock, affected families and other stakeholders were consulted through focus group discussions, individual interviews and public meetings. Formal public consultations were organised after informing the directly and indirectly affected persons in advance and material pertaining to R&R compensation was circulated among the affected families at Sahibganj. Separate consultations were held with women to elicit their concerns and issues. EQMS-AIAID-IRG JV 24 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 The scope of this SIA has been detailed in section 3.2. The SIA for road connectivity at Sahibganj and Varanasi will be done subsequently along with the SIA for inter modal terminals at Kalughat, Ghazipur and 5 RO-RO locations once the land requirement is finalized. Socio economic characteristics of the Project affected communities were collected. Data was gender segregated in terms of identifying vulnerable sections within these communities. Separate consultations were held with women in particular at Sahibganj in an attempt to understand how their concerns can be integrated into this Social Impact Mitigation Plan. EQMS-AIAID-IRG JV 25 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 3. Socio Economic Profile of the Influence Area and Impacts On Project Affected Families The demography, occupation pattern and the other key socio-economic features of the influence areas of the project sites to summarised in this section. Particulars of the municipalities and villages falling in the influence areas are given below: 3.1. Socio Economic pattern (i) Ramnagar, Varanasi: As per census 2011, the total population of Ramnagar Tehsil is 49132, with a total male population of 26071 and a female population of 23061. Female Sex Ratio is of 885 against state average of 912. Literacy rate of Ramnagar city is 79.92 % higher than state average of 67.68%. Male literacy is around 85.21 % while female literacy rate is 73.93 %. Scheduled Caste (SC) constitutes 10.87 % while Scheduled Tribe (ST) were 0.39 % of total population in Ramnagar. In terms of religious composition, 75.99% of the population in 2011 was constituted by Hindus, 23.41% by Muslims, 0.10% by Christians and 0.43% by Sikhs and the remaining 0.06% belong to other religious groups or are not stated. (ii) Samdanala and Rampur villages, Sahibganj In 2011, the district of Sahibganj had a population of 1,150,567 of which male and female were 589,391 and 561,176 respectively. The average literacy rate is 52.04, with male literacy rate of 60.34%, and female literacy rate of 43.31%. The terminal site will be located in Samdanala and Rampur villages in Sahibganj. The total population of Samdanala village is 2005 and Rampur village is 2234 as per the census of India, 2011. Out of the total population of Samdanala the male population is 1051 while female population is 954. The literacy rate of Samdanala village 66.38 % where male literacy stands at 75.62 % while female literacy rate was 56.49 %. As per 2011 census data, there are 150 persons belonging to Scheduled caste while there is no Schedule Tribe population recorded. In Rampur, out of the total population 1197 are males while 1037 are female. Male literacy stands at 85.43 % while female literacy rate was 69.49 %. The SC population is 113, the ST population stands at 98. (iii) Haldia municipality, Purba Mednipur Haldia Municipality has population of 200,827 of which 104,841 are males while 95,986 are females as per Census India 2011. In Haldia, Male literacy is around 93.26 % while female literacy rate is 83.35 %. The religious composition of Haldia is constituted by 83.72% Hindus, 15.74% by Muslims, Christian 0.17%, Sikhs 0.09% and the remaining .28% by Buddhist, Jain and others. (iv) Farakka, Murshidabad The total population of Farakka block is 274111 thousand (3.86% of Murshidabad). Out of which 139226 thousand are males and 134885 thousand are females. Out of the total population of 274111 thousand, 32689 thousand belongs to scheduled caste and only 5165 thousand (1.88%) belongs to scheduled tribes. Total literate population of Farakka block is 134650. Out of this, 74957 thousand are males and 59693 thousand are females. EQMS-AIAID-IRG JV 26 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 3.2. Project impacts in affected area Name Land Privat Government SIA No.of No of No. of of sub required e land land complete families total total project in (Ha) requisi d for (Ha) displace project Project tioned (Ha) d (losing affected affected in (Ha) structure families person s) s Multimodal 5.586 - 5 5.586 5.586 - - 0 Terminal Varanasi Phase (1a) Road 1.415 Connectivity Multimodal 23.997 45.02 2.89 47.91 235 275 1397 Terminal Sahibganj Phase -1 Road 3.5 * Connectivity ROB 6.11 0** Multimodal 24.68 24.68 24.68 - - 0 Terminal Haldia New 14.86 14. 86 14.86 - - 0 navigational lock at Farakka Total*** 80.148 45.02 48.016 93.036**** 235 275 1397 The assessment clearly indicates that except for sub-project at Sahibganj, none of the other sub-projects will trigger the loss of land and residential structures in the sub project area. For the sub-project at Sahibganj, land will be acquired from Samdanala and Rampur villages. A total of 275 families will be adversely impacted as they will lose land, orchards and homestead land with residential structures. Amongst this 275, 235 families will be displaced. Amongst the affected families, 40 are absentee landlords who own orchard and agriculture land. In the case of 235 displaced families, 32 will lose both agriculture and homestead land leading to the loss of their land and residential assets. The remaining 203 displaced families will only lose their homestead land including structure and 2 will lose residential land cum commercial structure. Loss of Land: Loss of Land: Out of these 40 absentee titleholders, 21 own orchards (15.635 ha) and rest 19 (3.297 ha) are owners of vacant / barren land. Amongst the displaced, 32 will lose 4.58 ha of agriculture land and 3.2. ha of homestead land. The remaining 203 will EQMS-AIAID-IRG JV 27 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 lose 6.411 ha of homestead land and 2.253 of vacant land around the residential plots. The remaining land (9.82 ha) is unsurveyed and submerged under the river. Profile of Affected Persons There are 1397 project affected persons. Of this, males are 755 and females are 642. The total adult population is 738. Table 3.1 Details of Affected Family Affected village Affected Persons AF Male Female Samda Nala & Rampur 755 642 235 Source: Field Survey 3.2.2. Social Category of Affected Families. Social category of affected families living in the affected area as presented in Table 4.5 reveals that out of total 235 AF, 206 (87.66 %) from Other Backward Classes, 20 (8.51%) from Scheduled Caste, 7 (2.98) % are from general category and 2 (0.85%) from Scheduled Tribe. Table 3.2 Social Category of Affected Families Social Group Village ST (Hills) ST (Plain) SC OBC General Other Samda Nala & Rampur 0 2 20 206 7 0 Source: Field Survey 3.2.3. Religious Category As per the survey in the affected area are Hindus. Table 3.3 Religious Category Religious Group Village Hindu Muslim Sikh Christian Others Samda Nala & Rampur 235 0 0 0 0 Source: Field Survey 3.2.4. Literacy Level As per the findings of the survey over 27.81 % male and 37.85 % female of the project affected persons (PAPs) are illiterate. This high illiteracy level is attributed to the lack of awareness and poor social infrastructure compared to the district and state average. Out of the total affected population, about 33.38% males, 41.43% female have completed primary school, and 35.36% male, 19.32% of female higher secondary. The high rate of literacy at the primary levels is attributed to the increased intervention of EQMS-AIAID-IRG JV 28 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 the state in ensuring absorption and enrollment of students. The literacy levels of PAPs are presented in the Table 3.4 Table 3.4 Literacy level of PAPs Educational Status Male % Female % Illiterate 210 27.81 243 37.85 Literate no formal 0 0 0 0 education Upto Primary 252 33.38 266 41.43 Upto HSC 267 35.36 124 19.32 Graduate 23 3.05 9 1.40 Professional. / Tech. 3 0.40 0 0 Total 755 100 642 100 Source: Field Survey 3.2.5. Marital Status of PAPs Out of total 738 adults 570 are married 118 are unmarried 1 is divorced, 6 are separated and 42 widow the details is presented in Table 3.5 Table 3.5 Marital Status of PAPs Marital Status APs (Adults) Married 570 Unmarried 118 Divorced 1 Separated 6 Widow 42 Live in 1 Total 738 Source: Field Survey 3.2.6. Family Size The survey indicates that average family size is 5.9 3.2.7. Employment Status The Occupational profile is given in Table 3.6 Table 3.6 Occupational Profile of affected population Occupation Male % Female % Agriculturalist (owners) 37 7.72 2 3.51 Agricultural Labour 54 11.27 23 40.35 EQMS-AIAID-IRG JV 29 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Non Agricultural Labour 248 51.78 21 36.84 Business/Trade 14 2.92 1 1.75 Govt. Service 3 0.63 0 0 Private Service 14 2.92 2 3.51 Others 109 22.76 8 14.04 479 100 57 100 3.2.8. Income Level Table 3.7 reflects the monthly Income of the affected families. Out of the total respondents only 377 responded to the questions regarding their monthly income. Owing to the limited response, average monthly income cannot be calculated. However, the patterns of monthly income among respondents in this category is given below. Table 3.7 Monthly Incomes 0 to 5000/- PM 5001 to 7000/- PM 7001 to 10000/- PM > 10001/- PM Male Female Male Female Male Female Male Female 126 38 200 10 9 0 4 0 Source: Field Survey Major Project Impacts on Land and Structures 3.2.9. Impact on Land The project impacts presented below are those studied for 48.1 Ha. Out of which 35.38 Ha of land are private land with recorded titleholders and 9.83 Ha of private land falling in Diyara, having no titleholders/claimants in the revenue records and 2.89 Ha of government land. Table 3.8 Total Land Acquired Dist Affected Village Total Area to be Private Land Govt. Land acquired (In Ha) (In Ha) (In Ha) Sahibganj Samda Nala & 48.1 45.2 2.89 Rampur 3.2.10. Land Use pattern Out of the total of 45.2 hectares of private land, agricultural land and orchards occupy 18. 93 hectares, 6.89 ha of land is barren, 9.6 ha of land has residential structures and 9.8 ha of land is un surveyed and no AF is dependent on it. i.e. it is not used for any purpose by the people as it submerged in the river. EQMS-AIAID-IRG JV 30 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 3.9 Land Use Pattern S. No. Type of Land To be acquired Area % age to Total Private Land (Hectares) 1 Land with Orchard 18.935 ha 41.79 2 Barren Land 6.879 ha 15.22 3 Land with structure 9.611 ha 21.26 4 Un surveyed 9.821 ha 21.73 5 Total 45.2 ha 100 Source: District Land Acquisition Department, Sahibganj 3.3. Impact on Structures Census of all the structures were conducted which covers 9.611 ha. of private land and 2.89 ha of government land. The total number of structures impacted within the surveyed area is 239. There are Permanent and semi- permanent structures. Detail of Impact on structure is shown in Table 3.10 and the structures under various categories e.g Private, Government and Religious is shown in Table 3.11 Table 3.10 Impact on Structures No. of families No. of Affected Total Affected Measurement of loosing Pvt. Structures Area of land in m² Structure in m² Structure 235 235 39179 11630 Table 3.11 Type on Structures Sl. No. Affected Total Percentage (%) Structures 1 Private 235 98.32 2 Government 2 0.84 3 Religious 2 0.84 Total 239 100 3.3.2. Usage of Structures The total number of private, government and religious structures that are likely to be affected 239. Of the total likely to be impacted structures, residential structures account for a significant 235 number followed by two religious structures 2 and 2 government structures respectively. Table 3.12 Usage of Structures Sl. No. Classification of Main Structure No. Percentage A. Private 1 Residential 233 97.48 EQMS-AIAID-IRG JV 31 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 2 Commercial 0 0 3 Residential+ Commercial 2 0.84 Total 235 98.32 B. Government 1 Aanganbadi 1 2 Ganga Pump Nahar Structure 1 Total 2 0.84 C. Religious 1 Temple (Bengali Ashram Temple) 2 0.84 Total 2 0.84 Grand Total (A+B+C) 239 100.00 3.3.3. Typology of Structures The typology of structures also indicates the economic conditions of the household. Maximum numbers of the structures, which are likely to be impacted are Kutcha (65.27 %) followed by Pucca + katcha (14.22%) Pucca (8.79%) and semi pucca (7.11).The detail of type of constructions of the structures is shown in Table – 3.14. Table 3.13 Typology of Main Structure Sl. No. Typology No Percentage (%) 1 Brick work with RCC roof 21 8.79 2 Brick work with thatched 17 7.11 roof 3 Mud walls with thatched roof 156 65.27 4 Brick work with RCC roof + 34 14.22 with thatched roof 5 Brick work with RCC roof + 3 1.26 with thatched roof 6 Brick work with RCC roof + 5 2.09 with thatched roof+Mud walls with thatched roof 7 Brick work with thatched 3 1.26 roof+ Mud wall with thatched roof Total 239 100 EQMS-AIAID-IRG JV 32 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 3.3.4. Type of Other Assets/Structures and Impact Table 3.14 Impact on Other Assets Sl. No. Other Assets Nos. 1 Dug well 3 2 Tube well 2 3 Water Tap 4 4 Water Tank 1 5 Hand Pump 23 6 Cattle Shed 77 110 3.3.5. Impact on Religious Properties During census survey 2 religious structures (temples) were identified as the common property resources affected by the projects Government Structures As obtained the data during census survey, two govt. structures are affected. In which one is Anganbadi Kendra and the other is the Ganga Pump Nahar Structure. 3.4. Impact on trees: Total 665 trees will be affected by the Project. In which Mango trees are 213, Neem 98, Shisham 54, Semal 8 and Jamun 5 nos. Rests of the trees are not fruit bearing and compensation for all the trees (identified by the District Administration) shall be paid as per the assessment of Horticulture /Forest department. Table 3.15 Type of trees Sl. No. Type of Trees No. of trees 1 Jamun 5 2 Shisham 54 3 Semal 8 4 Mango 213 5 Neem 98 Others (Bamboo, pipal, 6 287 Jackfruit, etc.) Total 665 EQMS-AIAID-IRG JV 33 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 3.5. Impact on Livelihood: The main source of livelihood is wage labour. Men are predominantly engaged in nearby quarries and female are seasonal agricultural labourers and are involved in cultivation of vegetables in nearby villages as shown in Table 3.16. Table 3.16 Livelihood Pattern Occupation Male % Female % Agriculturalist (owner) 37 7.72 2 3.51 Agri Labour 54 11.27 23 40.35 Non Agr Labour 248 51.78 21 36.84 Business/Trade 14 2.92 1 1.75 Govt. Service 3 0.63 0 0 Private Service 14 2.92 2 3.51 Others 109 22.76 8 14.04 Total 479 100 57 100 3.6. Impact on livestock There are 77 persons having cattle sheds. The livestock possessed by the affected persons is 1177 livestock of different categories as presented in Table 3.17 Table 3.17 Live stock Types of cattle Numbers Cow 408 Buffalo 219 Goat 550 Total 1177 EQMS-AIAID-IRG JV 34 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 4. Public Consultations 4.1. Observations from the KII, FGD and Consultation Meetings The salient issues raised during consultations held at each site are summarized below Varanasi i. Consultations for the multimodal terminal site with the previous owners of the land under consideration The first consultation was held with respect to the multimodal terminal site location which is already in possession of IWAI. The total land acquisition involved for this site was 5.586 ha comprising of 4 owners. The owners conveyed their dissatisfaction with the compensation provided previously by the Government of Uttar Pradesh. ii. Consultations with indirectly affected persons A Focus group discussion was held with the fishermen, boatmen and Squatters at the Balua Ghat near the proposed terminal on 21.06.2015. This group included the persons indirectly affected by the development of the proposed terminal. Some of the salient issues that emerged in the consultation were: 1) There was substantial awareness about the project. 2) Some of the participants ascertained their support to the project in anticipation of job opportunities that will be created in the area. 3) Some of the fishermen expressed their apprehension regarding the impact of operation of barges with the development of project that may affect their fishing business. They expected compensation for any loss due to damage of fishing equipment or loss of catch. They were assured that there will be no restriction on their fishing rights and shall be informed about the timings of barge movement. Proper indications and signage will be provided to indicate the channel marking for navigation in order to avoid accidents. Sahibganj At Sahibganj, the Additional Collector, the administrator of the RFCTLARR Act 2013 at Sahibganj and the District Land Acquisition Officer who is the nodal officer for the land acquisition proceedings as per the RFCTLARR Act 2013 and the Officer-in-Charge IWAI, Sahibganj participated in initial consultations with the residents at the project affected area to understand the major concerns regarding the land acquisition. Four Group discussions were also held with the affected persons. A Public Consultation meeting which was held on 16th October at ashram of village Samda nala. This was attended by Director IWAI Patna, Assistant Director IWAI Bhagalpur, and the ESIA Consultants. The District Administration was represented by Additional Collector, District Land Acquisition Officer, Fishery Officer and Soil Conservation Officer.  Concern was expressed over the location of the coordinates for establishing the extent of land to be acquired. According to them, the information available of land requirement upto 350 mts is partly located within the river bed. In the case when river bed land is excluded, then the location of 350 meters extends to cover additional homestead land. EQMS-AIAID-IRG JV 35 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Explanation was provided by the Director, IWAI, Patna. He informed the people that in case any additional land to be acquired beyond the 350 mts, the proposal will be considered only after further discussion with the villagers.  People expressed their concerns over the loss of mango orchards.  Additionally, questions were also asked about the relocation of families and the compensatory value of the residential (homestead) land. They expressed concern that they did not wish to be relocated far from the affected settlement and away from the river. The District Land Acquisition Officer addressed the said issue by highlighting the process of valuation of trees and structures as per the Jharkhand Land Acquisition Rules (for the RFCTLARR 2013). The villagers were also informed about the new land identified for the resettlement at Hatigharh habitation in Samdanala which is close to their original habitation..  Villagers were concerned about the impact of the terminal on the river channel and expressed their concern that it may redirect the flow. This was addressed by the Director, IWAI Patna, explained that terminal will not divert the flow of the river nor will it lead to the creation of any new course of river to flow.  Villagers also raised other questions regarding the employment opportunities with the construction of terminal. It was informed that employment opportunities will be created indirectly and skill development will be considered as per need. Some details regarding the Focus Group Discussions and meetings are given below: Table 4.1 Summary of Focus Group Discussions S. Location Village No. of Issues raised Issues No. and date of name participants addressed the consultation 1. Ashram, Villagers 8 Following issues/concerns The participants Samda Nala Rampur, Participants were raised by the participants were informed Village included  Land owners categorically that Ashram, farmers, said that land will be given compensation for Date: 9th -10- Samda Nala fishermen & only, if they will get land trees and 2015 Village (8 students appropriate compensation structures will be Participants)  The participants paid as per the expressed that they RFCTLARR Act require employment, if 2013 and complete land will be Jharkhand State taken away from them rules on the RFCT  They mentioned that large LARR Act 2013. number of trees are Trees will be present in the land which valued as per the is under planning to be valuation acquired, cutting of large committee set up no. of trees will affect the by the District environment of village Administration. thus equal number of trees Fishermen may should be planted before continue fishing EQMS-AIAID-IRG JV 36 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Location Village No. of Issues raised Issues No. and date of name participants addressed the consultation cutting the trees in nearby as there will be no land areas ban on fishing  They were also concerned activities. that fishing will be banned in the area after development of terminal which is a major livelihood source of most of the people 2. Ashram, Ashram, 15 Following issues/concerns The participants Samda Nala Village Participants were raised by the participants were informed Village Rampur included  Land owners are that farmers, expecting appropriate compensation for Date: 9th -10- fishermen & compensation for their land trees and 2015 students. land and also assistance structures will be in alternative livelihood if paid as per the their land will be acquired Jharkhand State  They demanded job for rules on the RFCT them and their children LARR Act 2013. and they mentioned they should be given skill The Environment development support / Management Plan training for job offered as specifies that no they have practised only effluent from the agriculture throughout terminals or the their life vessels (barges)  They insisted that they will be discharged worship River Ganga and in the river. All the the project authority must vessels will ensure that effluents are comply to the not discharged in the River “zero discharge”  They wanted to get standards. assurance about that they can continue fishing activity in the river after construction of terminal  They also expressed their interest in what other developments will be taken up by IWAI in the village for betterment of villagers EQMS-AIAID-IRG JV 37 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Location Village No. of Issues raised Issues No. and date of name participants addressed the consultation 3. Naya Tola & Villagers 2-4 The participants Samda Nala from Naya Participants  Farmers whose land will were informed Village Tola & included be acquired are worried that Samdha farmers, due to loss of land and compensation for Date: 5th-11- Nala students loss of livelihood as they land trees and 2015 and females are practicing agriculture structures will be for generations paid as per the  Land owners demanded Jharkhand State alternate housing facility rules on the and employment prior to RFCTLARR Act land acquisition and 2013. displacement Infrastructural;  Fishing activity will be facilities in the hampered in the river due resettlement to development of terminal colony and and plying of large common property numbers. of barges. resources will be  Cutting of large nos. of provided as per trees within the project site the RFCTLARR will impact the climate of 2013 Act. the area  Local people should be considered for providing employment.  Community facility in the area, if any to be disturbed should be relocated at the accessible and appropriate location 4. Asharam Villagers 20 Following issues/concerns The participants Ashram, from Naya Participants were raised by the participants were informed Naya Tola & Tola & included  Land owners were worried that Samda Nala Samdha farmers, about the compensation compensation for Village Nala students rates and the loss of land trees and and females livelihood structures will be Date: 8th  They demanded provision paid as per the November, of employment for the Jharkhand State 2015 affected people. rules on theRFCT  Locals demanded that LARR Act 2013. compensation should be The resettlement given as per market rates site has been  Displaced population want identified near the the relocation site to be proposed terminal site itself. EQMS-AIAID-IRG JV 38 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Location Village No. of Issues raised Issues No. and date of name participants addressed the consultation near or inside the village Employment only opportunities will  Affected persons claimed be generated that assistance should be indirectly during given for alternate project livelihood implementation.  It was said that water A resettlement quality can be affected plan has been due to the project prepared to development; this will address these affect the aquatic life in the concerns area  Participants said that air pollution in the area will increase due to increased movement of vehicles in the area Haldia At Haldia, consultations were carried out with indirectly affected populations including fishermen, and other stakeholders like the municipal authorities. The following issues were raised during an FGD conducted with residents in the vicinity of the site.  Participants expected that there will be more employment opportunities during the operation and construction of the terminal.  Possible adverse impact of the project as identified by the participants included increased traffic congestion, possible increase in road accidents, increased vessels movement in the river, and the resultant adverse impact on fishermen.  Local businesses are expected to benefit from the project. Consultations with Fishermen In a meeting with the fishermen of the locality, it emerged that fishing in this area is concentrated during 3-4 months during the year and during other months, the fisherfolk work in the brick kilns. Some of the other group members are auto drivers and rickshaw pullers. During the season, the group members indicated that some members earn Rs. 2500 to Rs. 3000 rupees everyday through fishing. Their catch and income peaks during September and hence expressed their concern that barge movement will affect their production and hamper their livelihoods. Fishermen were assured that the barge movement will not affect fish catch and they could carry on fishing as they have been doing traditionally. EQMS-AIAID-IRG JV 39 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Other Stakeholder consultations As a part of understanding other issues pertaining to the project site, interviews were conducted with Key stakeholders including officials from the 1. Municipal authorities; Persons interviewed - Chairman and Vice Chairman of Haldia Municipality on 23rd September 2015 and 25th September 2015  Project should provide jobs to the local unemployed youth based on their skill and should give business opportunities to the local people.  As part of social development the local immersion Ghat at Durgachak(near to the project site) should be expanded by the project sponsors to overcome the current congestion especially during the local festival.  Carpeting the access road as the present road is not in good condition.  provisions for appropriate parking facilities outside the proposed terminal for better management of container carrying vehicles  The official assured will give all help for smooth operation of the project activities. 2. Non-Government Organisation; Haldia Vigyan Parishad  Meaningful community development for the project affected areas was demanded  Oil from the vessels may pollute the river water which will affect the terrestrial flora and fauna.  A proper environment plan should be prepared before the project operation phase Farakka A formal public consultation held at Bewa village, Farakka on 9thOctober,2015. In order to obtain valuable feedback and inputs from stakeholder, they were informed regarding the details of date, venue and timing of consultations through email, letter post and direct contact. Details of which are as follows; Table 4.2 : Details of PCM No. of Venue of Date Participants Person of Consultation Attended IWAI, Kolkata Representatives 3 EQMS-IRGSSA-AIAID 4 Representatives Representatives of Bewa Gram Bewa 2 Panchayat 09th October’ 15 Panchayat,Fara kka Farakka BDO 1 Farakka BLRO&LR Office 1 MRSW,NGO,Farakka 1 Journalist from Uttarbanga 1 Sambad EQMS-AIAID-IRG JV 40 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 No. of Venue of Date Participants Person of Consultation Attended Participants from nearest 50 villages Public consultation meetings were conducted following established procedures of the project. Following activities were carried out for conducting the consultation meetings:  Leaflet providing brief description of the project, its objectives and importance of public consultation meeting was prepared in local language (Bangla) to disseminate information among villagers. The leaflet was printed for distribution among villagers. A time schedule for holding PCMs was prepared and submitted to IWAI for information & finalization. Participants were predominantly male members of the Bewa, Palashi and Gaharaipara communities. The information presented below discusses the concerns raised and recommendations made during the consultation process were addressed. The following queries were raised by the affected people during stakeholder consultation and informal group meetings in and around the project site. While overall the stakeholders were broadly in favour of the project some queries were raised. The results of the focus group discussions and stakeholder’s consultation meeting with project affected people are as follows: Table 4.3 : Summary of FGD S. No. Issues Raised Issues raised and addressed 1 Widening of road Participants asked for equal widening of the road.It was informed that as per design, roads will be improved to whatever extent possible 2 Safety The people expressed their concern for the safety measures in critical zones. It was informed that safety will be assured as per applicable best practices 3 Environmental hazard due to It was explained that proper EMP shall be implemented project especially noise, water and to mitigate the impact of any resultant air, water or noise air pollution pollution. 4 Engagement of local persons in The Contractors may engage local people for non- project site during construction skilled Jobs as per their requirement and the skills of and operation works persons. 6 Employment, business or working The project will generate indirect employment facilities in this project site opportunities 7 Traffic congestion It was explained that no additional traffic congestion will be there due to the project 8 Advantages to locality and for the The economic benefits of the project were briefly national revenue explained to the participants. 9 River protection in the context of Bank erosion methods were explained and have been heavy vessels movement integrated in the project plans for the specific stretches of JMVP particularly in the feeder canal stretch. EQMS-AIAID-IRG JV 41 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 10 Protection of Nischinda Ghat It was explained that no religious area will be affected during the construction phase, and wherever there is any indirect impact, religious specially the Ghat utilized for structures shall be protected. religious and other activities 4.2. Other stakeholder Suggestions Feedback was also received from municipal officers, NGOs active in the area and local journalists at the public consultation. Some of the salient points are raised below: (i) Block Development Officer, Farakka  Block Development Officer, Farakka, welcomed the project development and assured the cooperation of the local administration for the project implementation.  Addressing environmental and social concerns/impact in a structured manner is essential for the timely completion of the project.  Any kind of toxic pollution by the vessel like oil spillage and chemicals in the river water, transport emissions, needs to be considered.  The project should be careful about river erosion during the vessels movement; due to river bank erosion it has a permanent effect upon the socio-economic conditions and demographic dislocation.  The BDO appealed to the authority that they should provide jobs to the local unemployed youth based on their skill and should give business opportunities to the local people. He suggested that the project should employ local people in the proposed location on a priority basis provided they have the required skills.  The access road needs to widened and upgraded to ensure smooth traffic movement because it has an important link with NH34. A traffic management plan needs to be in place.  The health safety and protection of labour and other community members should be considered on project site as well as nearest locality of the villages during the operation phase.  The public consultation meeting should be held at different places for awareness of the people and Grievance Redressal Committees should be active with timely conflict resolution.  The Interviewee was optimistic that implementation of this project would change the current socio-economic scenario of the local communities. (ii) NGO – Mahadev nagar Rural Welfare Society, Farakka, Murshidabad; Officer consulted: Mr. Jahid Hussain  The authority can support locals and indirectly affected persons through livelihood restoration programmes.  Also suggested for safety and protection from the construction site near the locality of the villages  During the construction period, the IA should consider the vulnerable health issues like HIV/AIDS because Murshidabad is one of the vulnerable health related district in West Bengal. EQMS-AIAID-IRG JV 42 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  He suggested that the project should employ local people in the proposed location on a priority basis provided they have the required skills. Journalist Mr. Arnab Chakraborty (Malda & Murshidabad Division) Uttarbanga Sambad, Farakka, Murshidabad The Interviewee was optimistic that implementation of this project would change the current socio-economic scenario of the local communities. The salient concerns raised by him are as follows;  The health safety and protection of labour and other community members should be considered on project site as well as nearest locality of the villages during the operation phase.  Adequate mitigation measures must be incorporated in ESIA to address to the erosion issue because due to river bank erosion Farakka block is one of the worse affected area and many people have lost their homes/properties since 1975 when Farakka barrage was commissioned.  Public consultation meeting should be held at different places for awareness of the people and Grievance Redressal Committees should be active with timely conflict resolution. 4.3. Disclosure and consultation plan A summary of the RAP/ SMP will be disclosed on a common platform in the affected area. Information of the date of commencement of civil works will also be disclosed through pamphlets. A public consultation facilitated by the RAP implementing team will be held with indirectly affected persons in the area to identify training programmes suitable to the needs of the community. At Sahibganj the executive summary of the RAP with the entitlement framework will be disclosed in the Panchayat offices of Samdanala and Rampur. Additionally, consultations facilitated by the RAP implementing team will be held on counselling on efficient utilization of R&R compensation and identification of training programmes suitable to the needs of the community from January 2017 onwards till the completion of resettlement and rehabilitation of affected people. A detailed plan , with the actors, timelines and major areas of consultation are detailed in the Table below: Stakeholder type Timelines Methods and themes of engagement Project Affected During R&R Livelihood Expert will conduct monthly counselling Families Disbursement: sessions with sets of affected persons , identifying Women , FGDs for livelihood their skill needs and advising them on the alternate vulnerable counselling ( once livelihood options. Information about nearest Kaushal groups and every month) Vikas Kendras, information on procedures of affected families enrolment in these Kendras etc maybe be provided losing land and during these group discussions. any source of livelihood Project Affected During During relocation, FGDs shall be conducted for Families Relocation: 2 facilitating smooth transitioning of PAFs into resettlement colony. The consultations will aim at advising the PAFs to set up Welfare associations and EQMS-AIAID-IRG JV 43 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 times within 3 understand various concerns and problems faced months. during the relocation and finding strategies of resolving them. Panchayat heads will be involved in the mobilisation and organisation of the camps at locations convenient for the PAFs Fishermen Assessment of FGDs will be conducted to understand and assess if communities impacts during any impact on fish catch and discuss possible around project implementation mitigation strategies. sites phase :6 months During operation stage: consultations for During operation dissemination of information on barge movement and stage: Vessel traffic sensitisation of the navigation channel shall be and management planned. strategies at sensitive locations Barge Operators/ Every 6 months Consultations and workshops will be conducted with Vessel Owners / shippers, barge owners and dredgers for planning Dredgers strategies of increased market response and familiarity to the project, Safegaurd provisions, understanding their constraints in operation and assessing institutional capacity in addressing those constrains. NGOs and Every 6 months Consultations with the prominent NGOs in linking empaneled NGOs affected families to various government schemes. with NACO Enhancing opportunities of health and sanitation in the affected area and spreading HIV awareness sessions through empanelled NGOs. NGOs empanelled with NACO shall be invited to organise awareness camps at the construction sites. Communities Every 6 months To enhance the project’s response to local needs and around the understand how best to address community needs, planned facilities consultations shall be organised with the support of local panchayat offices. EQMS-AIAID-IRG JV 44 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 5. : Key Laws and Regulations This section presents the legal framework for the land acquisition process and the Resettlement and Rehabilitation Policy which also includes the entitlements for affected eligible families. The IA has developed Resettlement and Rehabilitation Policy based on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013; World Bank’s OP 4.12 and various government rules issued by state government for issues related to R&R. It lays down norms for rehabilitating the affected people and broadly outlines an approach and institutional framework to achieve its objectives. The key Social regulations and legislations that will govern the preparation and implementation of the project is presented below. Table 5.1 : Relevant Legislations Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub Policy e y Agency projects Not applicable to Archaeologic any sub project If project site al Dept. GOI, is located Indian Ancient Conservation of 300 mts Heritage Monuments and cultural and away from a Society and Archaeological 1958 historical notified Indian Sites and remains found in Ancient National Trust Remains Act India. monument or for Art and Archaeologic Culture al site Heritage (INTACH). Right to Fair 2013 Fair If IA acquires Yes. Applicable for Revenue Compensation compensation for land from land acquisition for Department. and acquisition of titleholders terminal at Respective Transparency in immovable Sahibganj, State Land assets; Jharkhand. Government Acquisition, Resettlement of and IWAI / Rehabilitation displaced IA (requiring and population due to Body – for Resettlement LA and purposes of Act 2013 economic starting the rehabilitation of process, all those who are calculating affected due to costs and land acquisition. making timely EQMS-AIAID-IRG JV 45 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub Policy e y Agency projects Jharkhand 2015 The Jharkhand Applicable in Yes.In case of Revenue Rules on RFCT state case of acquisition of land in Department LARR ACT government has acquisition of Jharkhand for of Jharkhand 2013 (2015) notified rules on Land in Terminal at the RFCTLARR Jharkhand Sahibganj 2013, specifying the various forms and rules for LA and R&R proceedings under the Act. Panchayati Raj 1992 Depending on Applicable Applicable in case of The Act, the nature of the for any sub Sahibganj, Panchayats activity and the project Jharkhand of the And the extent the located in concerned Panchayat Panchayat has panchayat villages (Extension to the powers area Scheduled related to it, the Areas) Act in Panchayat level case of institutions will Scheduled be responsible areas. for the activities in the implementation of the project. The Act enables participation of Panchayat level institutions in decision-making by broadening the village level functions, supporting implementation of development schemes. The Act provides for involvement of the PRIs EQMS-AIAID-IRG JV 46 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub Policy e y Agency projects especially, the Gram Sabha/ Panchayat during project preparation and implementation. The Panchayats at the village level will be involved for preparation and implementation of the project. The Act Grants Not applicable legal recognition to the rights of traditional forest dwelling communities, partially If project correcting the passes injustice caused Min/Deptt of The Scheduled through by the forest Forests, Tribes and customary laws. Ministry of other forest land Makes a including Tribal Traditional 2006 beginning reserved and Affaires, GOI Forest Dwellers towards giving protected and (Recognition of communities and forests; Department Forest Rights) the public a voice protected of Tribal Act in forest and areas and Welfare wildlife also conservation. community This Act lays forest. down specific entitlements and processes. It also lays down purposes for which and EQMS-AIAID-IRG JV 47 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub Policy e y Agency projects conditions under which the rights under this law can be alienated and the manner in which it can be done. Alienation for Roads is one such purpose. Specific legal rights for specific persons/groups ( individual, family, community) are mentioned under different heads such as title, user, etc. These will have to be kept in mind in the duration of the project. If any land alienation is involved, it has a limit prescribed by the Act, and has to be cleared by the Gram Sabha. There is also a limit on the number of trees that can be cleared for the purpose 5.2. World Bank Safeguard Policies The World Bank has Environmental and Social Safeguard Policies to reduce or eliminate the adverse effects of development projects. The social safeguard policies of World Bank are provided in the table below. EQMS-AIAID-IRG JV 48 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 5.2 : Safeguard Policies of World Bank World Bank Safeguard Safe Guard Objective Applicability Requirements Policies OP/BP Involuntary There will be need for Resettlement Action 4.12 Resettlement-The limited land Plan in consultation objective of this policy is acquisition for certain with the community to avoid or minimize project corridors and project involuntary resettlement resulting in: relocation authorities. where feasible, exploring or loss of shelter; loss Resettlement Action all viable alternative of assets or access to Plan has been project designs. assets; loss of income prepared). Furthermore, it intends to sources or means of assist displaced person livelihood. in improving their former living standards; community participation in planning and implementing resettlement; and to provide assistance to affected people, regardless of the status of their legal title. OP/BP Cultural Property –This This policy may be Contractor will be 4.11 policy aims at assisting in triggered by sub- responsible for the preservation of projects under IWAI in preparation of cultural those areas where mitigation plans. cultural property, property, historical, historical, religious religious and unique and unique natural natural value-this value-this includes includes remains left by remains left by previous human previous human inhabitants and unique inhabitants and environment features, as unique environment well as in the protection features may be and enhancement of affected during cultural properties widening and encountered in Bank- strengthening work of financed project. the sub-projects. Source: The World Bank Operational Policy EQMS-AIAID-IRG JV 49 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 5.3 : Comparative Analysis of World Bank OP 4.12 on Involuntary Resettlement and RFCTLARR Act, 2013 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. 1. Application of Applies to all Section 2 Applicable to projects where LA components of the government acquires land for its own use, project that result in hold and control, including PSU and for involuntary resettlement, public purpose; for PPP where ownership of regardless of the source land continues to vest with govt; private of financing. companies where 80% of land owners1 have given consent or 70% in case of PPP. Principle of Involuntary resettlement Alternatives to be considered as Act in avoidance displacement should be chapter II, Section # 4 (d) says "extent of avoided where feasible, land proposed for acquisition is the absolute or minimized, exploring bare minimum needed for the project; and (e all viable alternative ) says land acquisition at an alternate place project design. has been considered and found not feasible. Linkages with No such provision other projects Act mentions avoidance of multiple displacement due to acquisition under the Act. Some of the R&R Provisions could also be linked to other development projects to integrate for relocation and livelihood options. 1 Land Owner – whose land and immovable property acquired and land assigned by state or central govt under any scheme (Section 3 c (i) and (v)) EQMS-AIAID-IRG JV 50 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. 2. Application of Same as above In addition to the above, Section 2(3) land R&R purchased by private company as prescribed by Govt. or when part acquired by govt . The Act has detailed processes and provisions for R&R. Under the Act, the process of R&R would start at the time of the R&R Census and ends with the Award of R&R duly overseen by the Commissioner for R&R and the Committees where relevant. All provisions related to R&R are mandatory and have to be formally awarded in the course of the Acquisition procedure. No possession can be taken of land acquired unless R&R provisions are complied with. 3. Affected area Involuntary take of land Section3(b): Area notified for ‘acquisition’ resulting in loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood 5Family Section 3(m) includes person, his and her 4 spouse, minor children, minor brothers and . sisters dependent. Widows, divorcees, abandoned women will be considered as separate family. EQMS-AIAID-IRG JV 51 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. Affected 5 family Section 3 (a): whose land and other .for eligibility immovable property acquired. (b)&(e): Family residing in affected area such as labourers, tenants, dependent on forest and water bodies, etc whose primary source of livelihood is affected due to All adversely affected acquisition people whether have formal legal rights or do (c)Scheduled tribes and other forest not have formal legal dwellers whose rights recognized under the rights on land Forest Dwellers Act 2006. (f) Family assigned land by state or central government under any schemes (g) Family residing on any land in urban area that will be acquired or primary source of livelihood affected by acquisition. 6Cut-Off date Date established by the Section 3 c (ii), (iv) (vi): Families residing for . borrower and preceding 3 yrs or more prior to “acquisition acceptable to the Bank. of land”. In practice it is the date of census. 7Non-application Stand-alone SIA for all Section 6(2): Irrigation projects where EIA is .of Chapter II investments required under other laws, provisions of SIA not applicable. SIA may be exempted by Government in case of urgency provisions 7Consultation – Consultation a Section 4(1) date issued for first consultation .Phase I during continuous process with PRIs, Urban local bodies, Municipalities, preparation during planning and etc to carry out SIA. implementation Section 5: Public hearing of SIA in affected area. Provide adequate publicity of date and time. Time 8 duration to Draft Social Section 4 (2): within six months from the . prepare SIA and Assessment, date of its commencement. SIMP Resettlement Action Plan and or Social EQMS-AIAID-IRG JV 52 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. 9 Disclosure – To be disclosed before Section 6(1): Translated in local language . Stage I appraisal and 120 days available in PRI institutions and local urban before board date. government bodies; district administrative offices and websites of concerned. government agency. Formation 1 of Appraised by Bank staff Section 7(1): Constitute a multi-disciplinary 0 Expert Group to Expert Group include members of . appraise SIA and decentralized govt Institutes (PRIs, ULBs). SIMP 1Time stipulated Before the decision Section 7(4): Submit its report within two 1for Group to meeting for appraisal months from the date of its constitution .submit its report 1Scope of work Social Assessment, Section 7 (4) (a&b): assess whether it serves 2of the Expert resettlement action Plan any public purpose or not; if social costs .group reviewed and appraised outweigh potential benefits then should be by Bank staff and abandoned; approved by Regional Section 7 (5) (a&b): if serves public purpose, safeguard advisor then it has considered minimum land acquisition, and alternate options to minimize displacement; potential benefits outweigh social costs 1Consultation – In practice consultation Section 2 (2): Prior consent of 80% and 70% 3Phase II during workshops are organized of land owners in PPP and where private .appraisal in project affected areas company has approached the govt to acquire at district and state level. balance land has been obtained, 1Disclosure – Information Section 7 (6): recommendations of expert 4 Stage II dissemination through group under 7(4&5)to be made public in local . the planning and language in district and block administrative implementation office and PRIs 1Minimize impact Select feasible design Section 10: In case irrigated multi-crop land 5on multi-crop that has minimal adverse is to be acquired under exceptional .land impact. circumstances, the area to be acquired cannot exceed aggregate of land of all projects in district or state. The area to be acquired cannot exceed the total net sown area of the district or state. EQMS-AIAID-IRG JV 53 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. Wasteland equivalent to twice the area acquired will be developed. 1Information Continuous part of the Section 11 (1), (2) & (3): Notice published in 6dissemination of preparation and local language and meetings called of gram .preliminary participation sabahs, municipalities to provide full notice information about the purpose of the project, summary of SIA and particulars of administrator appointed for R&R’ summary of R&R scheme 1Updating land To be part of RAP Section 11 (5): Once established that the 7records land is required for public purpose, . accordingly notice to be issued under section 19 following which land records to be updated within two months 1Census and To be part of RAP Section 16 (1) (2): carry out census of 8preparation of affected people and their assets to be .R&R schemes affected, livelihood loss and common property to be affected; R&R scheme including time line for implementation. 1Information Section 16(4)&(5): mandatory to 9dissemination disseminate information on R&R scheme .and Public including resettlement area and organize hearing - Stage public hearing on the Draft R&R scheme in III each Gram Sabha, Municipality and Consultation throughout consultations in Scheduled area as required the process is mandatory under PESA. 2Approval of Section 17 & 18: Draft R&R Scheme to be 0R&R Scheme finalized after addressing objections raised . during public hearing and approved. 2Final declaration Approved RAP including Section 19 (2): Only after the requiring body 1of R&R Scheme budgetary provisions to has deposited the money will the govt issue . implement it the notice along with 19(1). 2Time period Included in RAP - Time Section 19 (2): the entire process to update 2stipulated. line synchronized with land records, disseminate information, . Government’s preliminary survey, census, hearing of procedures or adopts objections, preparation of R&R schemes and innovative methods to approval, deposit of money must complete EQMS-AIAID-IRG JV 54 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. reduce the time which is within 12 months from the date on which based operated on the section 11, the preliminary notice issued. principles of participation Section 19 (7): If the final declaration not and transparency. made within 12 months of section 11 (1), the process will lapse, except under special circumstances. Preparation 2 of Section 20: Land marked, measured for land 3 acquisition preparation of acquisition plans. . plans Hearing 2 of Section 21(1) (2): Notices issued indicating claims 4 govt’s intension to take possession of land, . and claims on compensation and R&R can be Included in RAP. made not less than one month and not more than six month from the date of issue of section 21(1). Time 2 period Section 25: It is required to announce the stipulated 5 for award within 12months of issue of Section . declaring the 19 (final declaration to acquire land, award approved R&R scheme) after completing land acquisition plans, hearing of objection, settling individual claims for declaration of the award. If award not made within the stipulated time, the entire proceedings will lapse. LA 2 Act 1984 Section 24: where award is not declared 6 deem to lapse under section 11, or where made five years . and ago but land not taken in possession or RFCTLAR&R is where award declared but money not applicable deposited in the account of majority of beneficiary. EQMS-AIAID-IRG JV 55 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. Methodology 2 for Full replacement Cost Section 26 and First Schedule: Recognizes 7 determining 3 methods and whichever is higher will be . market value for considered which will be multiplied by a factor land given in Schedule First; compensation given earlier will not be considered; if rates not available floor price can be set; steps to be taken to update the market value. Valuation 2 of Full Replacement cost Section 29 (1) without deducting the structures 8 depreciated value. . Solatium 2 and Section 30(1) 100% of the compensation interest 9 amount . Section 30(3): 12% per annum on the market rate from the date of notification of SIA to the date of ward or land taken over R&R 3 Award Total cost included in Section 31, Second Schedule: A family as 0 RAP to resettle and a unit will receive R&R grant over and above . rehabilitate the affected the compensation and those who are not persons and assist in entitled to compensation. their efforts to improve Second Schedule: Homeless entitled to their livelihoods and constructed house, land for land in irrigation standards of living or at projects in lieu of compensation, in case of least to restore them, in acquisition for urbanization 20% of real terms, to pre- developed land reserved for owners at a displacement levels or to prices equal to compensation’ jobs or one levels prevailing prior to time payment or annuity for 20 years’ the beginning of project subsistence grant, transportation, land and implementation, house registered on joint name husband and whichever is higher wife, etc Transparency 3 Section 37(1): Information of each individual 1 family including loss, compensation awarded, etc will be available on the website. Possession 3 of Taking of land and Section 38(1): Land will be taken over by the land 8 related assets may take government within three months of . place only after compensation and 6 months of R&R benefits compensation has been disbursed; infrastructure facilities at paid and, where resettlement sites will be completed within 18 EQMS-AIAID-IRG JV 56 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. applicable, resettlement months from the date of award made under sites and moving section 30 for compensation; in case of allowances have been irrigation and hydle projects R&R completed provided to the displaced six months prior to submergence. persons. Multiple 3 Section 39: Additional compensation displacement 9 equivalent to compensation determined will . be paid to displaced Acquisition 3 for Not permeable in bank Section 40 (5): 75% additional compensation emergency 1 funded projects will be paid over and above the compensation . purpose amount Prior 3 consent Mandatory to carry out Section 41(3) Mandatory to get consent from 2 before Free, Prior, Informed Gram Sabha, Panchayat, Autonomous . acquisition and Consultation with Councils in Scheduled areas. alienation Indigenous people. EQMS-AIAID-IRG JV 57 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. 3 Development Indigenous Peoples’ Section 41: Separate development plans to 3 plans for SC and Development plan be prepared, settle land rights before . ST required along with RAP. acquisition; provision of for alternate fuel fodder, non-timber produce on forest land to Land for land for is an be developed within 5 years; 1/3rd option across all sectors. compensation amount to be paid as first instalment and rest at the time of taking possession; ST to be resettled within Scheduled area; land free of cost for community purpose; land alienation will be null and void and ST and SC considered for R&R benefits; fishing rights restored in irrigation and hydle projects; if wish to settle outside the district additional benefits to be provided in monetary terms; all rights enjoyed under other laws will continue. Second Schedule: additional provisions for SC&ST for land for land in irrigation projects, additional sum over and above the subsistence grant, Institutional 3 Institutional arrangement Section 43-45: Appointment of arrangement 4 must be agreed upon administrator, R&R Commissioner, when . and included in RAP, more than 100 acres of land is to be acquired, IPDP. R&R Committee will be formed at project level, social audit to be carried out by Gram Sabha and Municipalities. Change 3 of land Section 46(4): Land will not be transferred to 5 use the requisitioning authority till R&R is not . complied with in full Monitoring 3 and Indicators and monitoring Section 48-50: Set up National and State 6 Evaluation system included in RAP level Monitoring Committee to review and and IPDP monitor progress Authority 3 to settle Section 51-74: the appropriate government claims 7 shall through notification establish one or . more authorities as the rehabilitation and resettlement authority. Authority will be set up to settle any legal disputes that arise from EQMS-AIAID-IRG JV 58 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Sl. Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas No. acquisition and R&R, the aggrieved party can move to the high court thereafter. Exempt 3 from tax Section 96: Compensation and agreements 8 fee and will not be liable to tax and stamp duty . No 3 change in Section 99: Once the land is acquired for a 9 status of land particular purpose, its purpose cannot be . acquired changed Return 4 of Section 101: If the acquired land remains unutilized 0 land unutilized for 5 years, then it will be returned . to original owner, heir or included in land bank Distribution 4 of Section102: 40% of appreciated value of 1 increased value acquired land will be distributed to owners . land of provided no development has taken place. transferred Source: Compilation from Secondary Sources 5.3. Process of Land Acquisition and Other Immovable Assets The project specific R&R policy provides two options for acquisition of land and other immovable assets. Option 1 on direct purchase and Option 2 is through RFCTLARR Act 2013. The details are given below: Option 1: Direct Purchase of land *This is applicable only for Land Acquisition in Uttar Pradesh for Phase 1(b) and Phase II Under this option following steps will be followed:  Project to identify land parcels to be purchased and owners during SIA in consultation with the local revenue officials.  List of such land owners along with intent to purchase and purpose of purchase will be forwarded to the District Magistrate. A committee will be set up as per the existing government order (GO) number 271/83 dated September 2, 2013 for direct purchase. (Applicable to UP)  The base price of land will be as per the process mentioned in RFCTLARR Act, 2013.  The rate will be finalized by the land purchase committee. EQMS-AIAID-IRG JV 59 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  The rate agreed upon will be inclusive of R&R assistances. Option II: Acquisition of private land through Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 As per option II, all private immovable assets will be acquired as per new RFCTLARR Act 2013. All eligible PAPs living within the affected area for the past 3 years will be entitled to R&R assistance over and above the compensation. Those PAPs who are not entitled for compensation (encroachers and squatters) as per the Act will get R&R benefits as per their entitlement given in project specific R&R policy. The entitlement of compensation and assistance will be extended to only those PAPs who are identified on or prior to the cut-off date. Exemption Application An Amendment Ordinance to the Right to Fair and Transparent Land Acquisition and Resettlement and Rehabilitation Act was promulgated on 3 April, 2015. The Ordinance provides exemptions for five categories of projects from the certain requirements: (i) Defense; (ii) Rural infrastructure; (iii) Affordable housing; (iv) Industrial corridors; (v) Infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land. These 5 categories of projects are exempted from the requirement of consent of 80% of land owners to be obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects as well as conducting the Social Impact Assessment through a notification. In this context the project is likely to come under category (v). Accordingly, the requirement of Social Impact assessment under chapter II section of the RFCTLARR 2013 for the Sahibganj this Project was exempted as per rule 5 of the Jharkhand State Rules on RFCTLARR Act 2013 (A copy of the order is at annexure 1). However, an SIA was undertaken, following best practices, as per the World Bank requirements and a Resettlement Action Plan has been prepared for the area notified by the district authorities in consideration of the applicable national laws and rules. 5.4. Project Specific R&R Policy The Resettlement and Rehabilitation (R&R) policy for Inland Waterways Authority of India (IWAI) is based on World Bank's Operational Policies (OP) 4.12 on involuntary Resettlement and the RFCTLARR 2013. The action plan has been prepared based on the broad outlines laid down in the policy. The principle of the R&R policy is the guiding philosophy to provide a development approach to resettle and rehabilitate the people affected by project. The project specific R&R policy recognizes that involuntary resettlement results in dismantling of existing production system and way of life. Therefore, all rehabilitation programs will adopt a developmental approach rather than the welfare approach. The policy details out the assistance in re-establishing the homes and livelihoods of the Project Affected People (PAP) during the course of projects. The entitlement matrix as given in the approved policy is presented below. EQMS-AIAID-IRG JV 60 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 5.4 : Entitlement Matrix for Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit A. Loss of Private Agricultural, Home-Stead & Commercial Land 1 Land Titleholder Compensation a) Land for land, if available. Or, Cash family. and at Market value, compensation for the land at replacement families with Resettlement value, traditional land and which will be determined as provided Right Rehabilitation under section 26 of RFCTLARR Act 2013. as per First b) The land if allotted will be in the name of Schedule both husband and wife. c) If post acquisition, residual land is economically unviable, the land owner will have the choice of either retaining or sell off rest of the land. d) Refund of stamp duty and registration charges incurred for replacement land to be paid by the project; replacement land must be bought within a year from the date of payment of compensation to project affected persons. e) Compensation at market value for loss of crops if any or a month’s notice f) Resettlement assistances as specified in Section E. 6 in case of relocation for loss of homestead land B. Loss of Private Structures (Residential/Commercial) 2 Structure Title Holder/ Compensation a) Cash compensation for the structure Owner at Market value, at replacement Resettlement & value which would be determined as Rehabilitation per as per Assistance as section 29 of the RFCTLARR Act per First and 2013. second schedule EQMS-AIAID-IRG JV 61 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Definition of Application Entitlement Details No. Entitled Unit b) House under Indira Awas Yojna in rural area or Rs 50,000 in lieu of house under RAY in urban area or Rs 100,000 in lieu of or a constructed house in the resettlement colony. The house if allotted will be in the name of both husband and wife. c) Right to salvage material from the demolished structures. d) Three months' notice to vacate structures. e) Refund of stamp duty and registration charges for purchase of new alternative houses/shops at prevailing rates on the market value as determined in (a) above. Alternative houses/shops must be bought within a year from the date of payment of compensation. f) In case of partially affected structures and the remaining structure remains viable, additional 10% to restore the structure. In case of partially affected structures and the remaining structure becomes unviable additional 25% of compensation amount as severance allowance. f) Each affected family that is displaced and has cattle, shall get financial assistance of Rs 25,000/- for construction of cattle shed. EQMS-AIAID-IRG JV 62 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Definition of Application Entitlement Details No. Entitled Unit g) Each affected person who is a rural artisan, small trader or self-employed person and who has been displaced (in this project owner of any residential-cum commercial structure) shall get a one-time financial assistance of Rs 25,000/-for construction of working shed or shop. h) Resettlement assistances as specified in Section E. 6 in case of relocation due to loss of residential structures. 3 Structure Tenants/ Resettlement & a) Registered lessees will be entitled to an Lease Rehabilitation apportionment of the compensation Holders Assistance payable to structure owner as per applicable local laws. b) In case of tenants, three months written notice will be provided along with Rs 50,000 towards shifting allowance. C. Loss of Trees and Crops 4 Standing Owners and Compensation a) One-month advance notice to project Trees, beneficiaries at market value affected persons to harvest fruits, standing Crops. (Registered/ crops and removal of trees. Un-registered b) Compensation to be paid at the rate tenants, estimated contract by: cultivators, i) The Forest Department for timber trees leaseholders & ii) The State Agriculture Extension sharecroppers Department for crops iii) The Horticulture Department for fruit/flower bearing trees. c) Registered tenants, contract cultivators & leaseholders & sharecroppers will be eligible for compensation for trees and crops as per the agreement document between the owner and the beneficiaries. d) Un-registered tenants, contract cultivators, leaseholders & sharecroppers will be eligible for compensation for trees and crops as per EQMS-AIAID-IRG JV 63 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Definition of Application Entitlement Details No. Entitled Unit mutual understanding between the owner and the beneficiaries. D. Loss of Residential/ Commercial Structures to Non-Titled Holders 5 Structures Owners of a) Squatters/ Encroachers shall be given on Structures or three months' notice to vacate occupied Government Occupants of land land structures b) Squatters/ encroachers will be provided identified as cash assistance at replacement cost for per Project loss of Census Survey structures valued as per Basic Schedule of Rates (BSR). c) All squatters/ encroachers other than Kiosks will be given shifting allowance of Rs 20,000 per family as one-time grant for a permanent structure and Rs. 15,000 for a semi-permanent structure and Rs. 10,000 for a temporary structure. d) Each affected person who is a rural artisan, small trader or self-employed person assistance' of Rs 25,000/- for construction of working shed or shop. e) In case of Kiosks, only Rs. 5000 will be paid as one-time grant. f) Training Assistance of Rs 10,000/- for income generation per family applicable for non-titleholders not covered by the RFCTLARR Act 2013. E. Loss of Livelihood and shifting assistance 6 Families Title Holders/ Resettlement & a) Subsistence allowance of Rs. 36,000 as living within sharecroppers, Rehabilitation one the affected agricultural Assistance as time grant. area labourers and per second employees schedule b) One-time grant of Rs. 500,000 or annuity in lieu of employment. EQMS-AIAID-IRG JV 64 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Definition of Application Entitlement Details No. Entitled Unit c) Each affected family getting displaced shall get a one-time financial assistance of Rs 50,000 as shifting allowance. d) One-time grant of Rs. 50,000 as resettlement assistance F. Additional Support to Vulnerable Families 7 Families SC, ST, BPL, Resettlement & One-time additional financial assistance of WHH families Rehabilitation Rs. 50,000. Assistance as Squatters and encroachers already covered per Second under clause 5 are not eligible for this Schedule assistance. G. Loss of Community Infrastructure/Common Property Resources 8 Structures & Affected Reconstruction Reconstruction of community structure and other communities of community Common property resources in consultation resources and groups structure and with the community. (e.g. land, • common water, property access to resources / structures Resettlement etc.) site development as per Schedule 3 H Temporary Impact During Construction 9 Land & Owners of land Compensation Compensation to be paid by the contractor for assets & for temporary loss of assets, crops and any other damage temporarily Assets impact during as per agreement between the 'Contractor' impacted construction and the 'Affected Party'. during e.g. diversion of construction normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site. J. Resettlement Site EQMS-AIAID-IRG JV 65 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 S. Definition of Application Entitlement Details No. Entitled Unit 10 Loss of Displaced Provision of Resettlement sites will be developed as part residential titleholders resettlement of the project, if a minimum of 25 project structures and non- site/ vendor displaced families opt for assisted titleholders market resettlement. Vulnerable PAPs will be given preference in allotment of plots/flats at the resettlement site. Plot size will be equivalent to size lost subject to a maximum of provision given in RFCTLARR Act 2013. Basic facilities shall be provided by the project at resettlement site as per the provisions given in the Third Schedule of RFCTLARR Act 2013. Similarly, if at least 25 displaced commercial establishments (small business enterprises) opt for shopping units, the Project Authority will develop the vendor market at suitable location in the nearby area in consultation with displaced persons. Basic facilities such as approach road, electricity connection, water and sanitation facility, will be provided in the vendor market by the project. Vulnerable PAPs will be given preference in allotment of shops in vendor market. One displaced family will be eligible for only one land plot at resettlement site or shop in the vendor market. *None of the assistances will be duplicated **Entitlement matrix applicable to identified sub project at Sahibganj only ***Other state taxes and cesses will be applicable additionally **** Compensation for unanticipated losses such as damage to fishing nets during barge operations will be made to aggrieved fishermen on incident to incident basis. PIU will determine the nature and extent of loss (and other impacts) , the operator responsible shall compensate accordingly. 5.5. Definitions The definitions of various terms utilized in this policy are:  Acquired land means the land acquired under Land Acquisition Act 1894 (LAA, 1894) or the RFCTLARR 2013 by the state governments for the Inland Waterways Authority of India (IWAI) Project or any other prevailing GOs.  Agricultural Land means lands being used for the purpose of (i) Agriculture or horticulture; (ii) Dairy farming, poultry farming, pisciculture, sericulture, seed farming EQMS-AIAID-IRG JV 66 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 breeding of livestock or nursery growing medicinal herbs; (iii) Raising of crops, trees, grass or garden produce; and (iv) Land used for the grazing of cattle;  Affected Area means such area as may be notified by the Government of UP for acquisition by under the LAA 1894 or RFCTLARR 2013 if the land is being acquired after January 2014.  Affected Family means (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers of artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; (iii), the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006 due to acquisition of land. (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boat rnen and such livelihood is affected due to acquisition of land;  Compensation refers to the amount paid as compensation under various provisions of the Land Acquisition Act 1894 or RFCTLARR 2013 if the land is being acquired after 1st January 2014, for private property, structures and other assets acquired for the project.  Cutoff Date is the date of Notification under Section 4(1) of Land Acquisition Act 1894 or Section 3 of RFCTLARR 2013 if the land is being acquired after 1st January 2014, and Socio Economic Survey date i.e 15.11.2016 for Non-Title Holders.  Displaced Family means any Affected Family, (i) who on account of acquisition of land has to be relocated from the affected area; (ii) a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for the Project (iii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land in the affected area, has been involuntarily displaced from such land or other property; (iv) any agricultural or non- agricultural laborer, landless person (not having homestead land or agricultural land) rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation in the acquired land, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area  Employee means an individual engaged by a displaced commercial establishment in the Acquired Land, for compensation under a contract for employment whether oral or written, express or implied.  Encroachers are those persons who have extended their building, business premises or work places or agriculture activities into government lands. This does EQMS-AIAID-IRG JV 67 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 not include trespassers, who are liable for prosecution for illegal use of the protected land.  Land acquisition means acquisition of land under LAA 1984 or RFCTLARR 2013 where land is being acquired after 1st January 2014.  Minimum Wages means the minimum wage of a person for his/her services/labour per day as per notification published by Department of Labour of the state government where the project is located or Government of India (GoI) whichever is applicable.  Non-Perennial Crop: means any plant species, either grown naturally or through cultivation that lives for a particular harvest season and perishes with harvesting of its yields.  Notification means a notification published in the Gazette of India, or as the case may be, the Gazette of State;  Perennial Crop: means any plant species that live for years and yields its products after a certain age of maturity.  Rehabilitation and Resettlement (R & R) Entitlements means the benefits awarded as per the R&R Framework given in the IWAI Policy on R&R as provided in this document and adopted by IWAI.  Severance of Land means a land holding divided into two or more pieces due to acquisition of land mainly for the new project developments.  Squatter means those persons who have illegally occupied government land for residential or other purposes. Land acquired encumbarance free is not  State Government/Government refers to the Government of West Bengal.  Tenants are those persons having bonafide tenancy agreements for three years prior to the acquisition of the land, with a property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. EQMS-AIAID-IRG JV 68 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 6. : Relocation Plan 6.1. Physical Displacement and Relocation in the Subproject Since all the 235 AFs affected residential structures and two residential cum commercial structures will be physically displaced, a resettlement colony will be constructed with housing facilities for the displaced families along with additional infrastructural facilities. 32 affected families will lose on account of losing agriculture land and specific Income Restoration Plan will be developed for them and linkages will be established with the government skill development plan. Efforts will be made to ensure that livelihood of the displaced families will be restored and counselling will be provided Selection and Preparation of the Resettlement Site To understand the PAF’s opinions about resettlement, the affected families were consulted regularly, in groups and individually and views were documented in census survey. The DLAO, Sahibganj and the Addl. Collector held several rounds of consultations with the villagers in their office and at the site to obtain the consent of the families that will be displaced. The land identified is having proximity to the affected area near Hathigarh, chamma tola in Samdanala village. The acquisition process has been initiated by the District Administration at Samda Nala village for the resettlement colony. The total land identified is about 6.8Ha out of which 6.66 Ha is private land. A khasra map of the land is annexed to this RAP. The resettlement colony developed at the site will have houses developed as per the requirements of the third schedule of RFCTLARR Act 2013. The design of the houses to be provided includes one bedroom, a living room, kitchen and toilet cum bathroom. Total carpet area of each dwelling will be within 50 square meter. It will be constructed as per the design specifications developed by PWD (Buildings) .The PWD, building division has been entrusted for lay out and construction plan and the colony. The construction will be done through an open bid method under the direct supervision of the District Administration. In addition to the houses the colony will have the following basic infrastructural facilities. The detail plan is as under: - 1 Community building – 2nos. 2 Health sub centre-1 no. 3 School building 1 no. 4 Road (Length 3 km) 5 Drain 6 Worship building 7 Water supply including overhead tanks, sanitary, electrification 8 Vetiranary hospital 9 Solar lights Allotment of house and joint title ownership. EQMS-AIAID-IRG JV 69 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Open draw of lots will be adopted for allotment of houses to the displaced families. The houses allotted to the displaced families will be in the name of both husband and wife and the stamp duty for registration of titles will be exempted. A village level committee shall be formed which will monitor the allotment which shall take place in the village. The R&R Administrator along with the District Land Acquisition officer will hold the open lottery. A representative of the displaced family will pick up the chit from the box and the number will be recorded and the same number house will be allotted to the family. The houses in the resettlement colony will be pre numbered. The lottery shall be held after the plinth level construction. All displaced families are entitled to transportation/ shifting allowance as per Schedule 2 of the RFCTLARR Act. The RAP implementation team will assist displaced families in relocation and transportation. The start of construction of the proposed scheme is expected around May 2016 and the first lot of 150 dwelling units shall be completed in 6 months i.e. November 2016.The allotment shall be done as per the priority of the construction of phase I of the terminal. The next 85 units shall be completed by December 2016 and the entire colony with amenities is likely to be completed by March 2017. Special counselling sessions will be held by the RAP implementing team with the 32 affected families losing land and home. The aspirations of the affected persons in this case will be understood and assistance will be provided on the possible ways in which they can invest their entitlements towards achieving those aspirations. These affected families will be helped in terms of any information they require regarding the best avenues of investing their compensation packages. Identification AFs and Verification of Database from RAP  The verification exercise will be carried out during implementation to verify the information already contained in the RAP and the individual losses of the AFs. It will validate the data provided in the RAP and make suitable changes if required. Constant rapport shall be established with AFs, consult and provide information to them about the respective entitlements as proposed under the RAP, and distribute entitlement cum Identity Cards to the eligible AFs. An identity card for PAF will include a photograph of the AF, the extent of loss suffered due to the project and the amount of compensation received and assistance provided to AF.  Participatory methods will be adopted in assessing the needs of the AFs, especially with regard to the vulnerable groups of AFs regarding relocation and the use of compensation amount and cash received under Rehabilitation component. The methods of contact may include village level meetings, gender participation through group’s interactions, and Individual meetings and interactions. Counselling the Entitled Persons The counselling shall include the following activities: EQMS-AIAID-IRG JV 70 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  The AFs will be made aware of the provisions of the policy and the entitlements under the RAP. This shall include communication about the need for their relocation, the timeframe for their relocation and their entitlements.  The information dissemination shall be carried out to the AFs on the possible consequences of the project on the communities' livelihood systems and the options available, so that they do not remain ignorant.  The RAP implementation team shall prepare micro-level plans for income restoration, in consultation with the AFs. Women's perceptions are important to be incorporated in the development of these plans. Utilization of R&R components  Prepare micro plans indicating relocation strategies and AFs will be consulted and counselled for proper utilization of the assistance and compensation amount.  Prepare micro plans for livelihood indicating alternative livelihood options, land identification, skills up grading and institutions responsible for training for eligible AFs.  The smooth transition (during the relocation of the AFs), helping the AFs to take salvaged materials and shift will be ensured. In close consultation with the AFs, the RAP implementation team shall inform the district authorities about the relocation dates agreed with the AFs in writing and the arrangements desired by the AFs with respect to their entitlements.  The RAP implementation team shall assist the AFs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to. Plan for Shifting As part of the RAP, it is proposed that all displaced family shall counselled with regards to  AFs choice in terms of Shifting plan and arrangements,  Grant utilization plan and Community asset building plan  Institutional arrangements in maintaining the assets. The society of the colony shall be created and registered under Society Registration Act 1860. AFs will be facilitated by PIUs in preparing the Bye Laws for the society created. Co-ordination for linkage with other government programme  The IA will co-ordinate the training and capacity building of the AFs, for upgrading their skills for income restoration linking with government skill development programme.  Define, evolve, and explore alternative methods of livelihood using the local skill and resources.  The PIU officer and the RAP implementation team will contact financial institutions like NABARD, DIC, and the Lead Bank of the area in accessing the credit required by the individual as well as groups of AFs and the women's groups from the AFs. A detailed record of such facilitation, and plan for each AFs shall be maintained to repay the loan.  Establish linkages with the District Administration to ensure that the AFs are benefited from the schemes available and those they are entitled to. EQMS-AIAID-IRG JV 71 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  There will be special focus on vulnerable and 32 AFs who are losing agriculture land and the structures in terms of facilitating them in restoring their livelihoods and linking them to the skill development programme. Relocation Schedule The following relocation schedule is suggested with tentative timelines. Table 6.1 : Relocation schedule Sl. No. Relocation Task/Activities Time schedule 1 Tentative Start of Construction of Relocation Colony November 2016 2 Notice to PAPs and consultation for their relocation December 2016 3 Completion of Construction of houses February 2017 4 Shifting of PAPs February – March 2017 5 Completion of construction of full colony and shifting of March 2017 all PAPs In compliance with the RFTCLARRA 2013, no structures shall be disturbed until the PAFs have received the entitlements. Construction activities on government land may however, commence after receiving a no objection from the District Collector. Three months’ notice will be given to PAFs to vacate their residences and PAFs will be informed accordingly. Land Acquisition Plan The map (Figure 6.1) denotes in orange the contours of 45.20 hec of land for which acquisition is at an advanced stage. The contours of the terminal phase -1 to be constructed in approximately 24 hectares are denoted in pink. Activities to be undertaken over the course of the 30 months are detailed with a rough timeline indicated in the legend. The first milestone includes site planning and grading to be undertaken between 0-6 months and between 15-18 months of commencement of works. The second milestone includes jetty construction, construction of internal roads and ramps that will be undertaken 5-29 months. The third milestone includes construction of sheds and storage facilities etc. The plots with Project Affected families are marked in blue and civil works activities in this area including site grading and levelling will be taken up only after the relocation of the families. A list of Project Affected Families owning structures is given in the annexure 4. EQMS-AIAID-IRG JV 72 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Source: DPR Consultants EQMS-AIAID-IRG JV 73 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 7. : Livelihood Enhancement Plan In order to address the concerns raised during the Focus Group Discussions with key stakeholders, additional provision will be made for the enhancement of skills of persons in the neighbouring areas of the project site at Varanasi, Haldia and Farakka. Consultation will be held to identify a suitable training module for those indirectly affected by the project activities as per their current skill base. One option that will be made available is to enhance skills related to cargo handling and terminal safety in partnership with the National Inland Navigation Institute. 7.1. Skill development for Project Affected families at Sahibganj The RAP implementation team will plan the linkage between the flagship programme Pradhan Mantri Kaushal Vikas Yojana a skill development programme that aims at providing training in various technical, manufacturing and service job sectors. Counselling sessions will be facilitated by the RAP implementation team to ensure effective utilisation of R&R assistances to the project affected persons and families dependent on the land acquired will be counselled towards enhancing their skill base in line with their choices and aspirations. A livelihood expert appointed in the RAP implementation team will be responsible for preparing a detailed livelihood action plan. Capturing various stages, activities and milestones for economic rehabilitation of the project affected families. The livelihood expert will ensure scheduling counselling camps regularly with PAFs, identifying those who have received the compensation and understanding their plans. A monthly plan will be prepared with targets and monthly reports will be reviewed. The RAP implementing team, will help locate authorised training centres and facilitate the enrolment of the PAPs, or alternately facilitate the organisation of skill enhancement camps (Kaushal Vikas Kendra). Project affected persons will be guided on the choices of the type of training courses matching with the prominent industries and their requirements in the region and in sectors such as construction, logistics, and IT, ITES and health services. EQMS-AIAID-IRG JV 74 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 8. : Gender Development Plan Gender disaggregated data and separate consultations were conducted with women to understand their socio economic status. 8.1. Gender Profile along the Project Population: The total number of PAPs is 1397 out of which 642 are females which form 45.96% of the total PAPs. Literacy: The literacy rate of the PAPs is 67.57% and the female literacy rate is 62.15%. The table 8.1 shows the level of education of female and male PAPs. Majority of the female PAPs have studied up to Primary (class 5) school followed by HSC. Table 8.1 : Education Level of Women PAPs along the Project Area Educational Status Female % Illiterate 243 37.85 Literate no formal 0 0 education Upto Primary (class 5) 266 41.43 Upto HSC(6-12) 124 19.32 Graduate 9 1.40 Professional. / Tech. 0 0 Total 642 100 Occupational Structure Out of the 642 women, only 8.9% (57) belong to the working group. The remaining do not work i.e. 91.1 % of the women belong to the non-working group. Out of the total working women majority are agriculture labour. Income: Out of the total working women only 48 stated their income. Out of this 38 earn less than Rs. 5000 and 10 earns between Rs. 5000 – Rs.7000, 8.2. Profile of Women Headed Households Data was analysed to understand the impact of the project on vulnerable groups like the women headed households. Table 8.2 summarises the profile of women headed households and the impact of the project on these households. EQMS-AIAID-IRG JV 75 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 8.2 : Profile of Women Headed Households No 25-35 2 35-45 3 Age Group 45-55 5 1 55-65 4 65 & above 2 Total 16 Married 2 Marital Status 2 Widow 14 Total 16 Illiterate 13 Educational Attainment Primary 1 Middle School 1 3 Secondary 1 Higher Secondary 0 Total 16 Yes 7 Working Status 4 No 9 Total 16 < 5000 6 5000-10000 1 Income (in Rs) 6 > 10000 0 No Income 9 Total 16 BPL 14 7 APL 2 Total 16 Partial 0 Impact 8 Full 16 Total 16 9 Type of Impact Residential 16 EQMS-AIAID-IRG JV 76 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 No Commercial 0 Open/ Vacant Plot 0 Plantation 0 Total 16 Land 0 Homestead Land & 16 Type of Loss Structure 10 Land & Livelihood 0 Livelihood & Structure 0 Total 16 8.3. Addressing Gender and Health Issues in Sahibganj Consultations with women in project Affected Families were held during the screening of social impacts. Some of the issues discussed are tabulated below: Table 8.3 : Outcome of FGD with female group Issue Raised during the Response of The Group Measures suggested consultations General Health Status of Iron deficiency generally Further consultations will women during pregnancy be undertaken for deciding appropriate remedy Pattern of diseases No specific history of - diseases Sanitation No facility except few Project Affected families will get Houses constructed as per Indira Awas Yojana specifications which will have a provision for a toilet. Availability of Drinking water Hand Pumps Water supply will be facility provided in the resettlement colony. EQMS-AIAID-IRG JV 77 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Expectations with the They wanted better living The participants were resettlement colony conditions informed about the resettlement colony to be constructed Any specific suggestion by the Transport facilities for - group school going children Accordingly, the following measures are being considered for addressing the issues raised by the women from the project affected families. 1. Pre Natal Health Awareness campaign To address the issues of pre-natal health care that was highlighted in the FGDs, the RAP implementation consultancy will organize at least 3 awareness camps on various aspects of Pre Natal health care including nutrition and awareness on existing Ante – Natal Health care and sanitation. Attempts will be made to identify Active women participants and Social mobilisers within the community and facilitate sustained awareness building on these issues through the mobilisers. 2. Facilitating the participation of women in the community building in the resettlement colony To enhance the participation of women as stakeholders, community building exercise will be conducted with women to facilitate their leadership in maintaining, upkeep and development of the resettlement colony. This will further enhance their ability to form groups or residential associations where they can identify their community needs and how they can best address them. Women will also be encouraged to take up community nursery in the resettlement colony for 3. Counselling services and linking women to Livelihood projects Counselling sessions will be held to advise women in Project Affected Families towards better utilisation of compensation. Government programmes for skill upgradation of Women and financial inclusion will be identified and attempts will be made to spread awareness about the utilisation of these programmes. Counselling support will be provided for institution building if women opt for these programmes. Gender Sensitive monitoring and project implementation In addition to the specific plans of the project vis-a-vis women, gender related issues will be monitored and addressed through a set of activities through the project cycle. 1. Project planning phase: Gender disaggregated data and consultations with women in the project affected areas has been undertaken. Measures have been suggested in this RAP to address some of their concerns. 2. Project implementation phase: Internal Monitoring will factor the welfare of women labourers and the implementation of labour laws accordingly. Moreover, where women are linked with skill development programmes or livelihood enhancement programmes, the RAP implementation team will document the impact. EQMS-AIAID-IRG JV 78 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 3. Involvement of women institutional mechanisms: Mandatory compliance to various acts pertaining to the welfare of women workers involved in the project will be ensured along with the functioning of a sexual Harassment committee at the IA level, and formation of women committees at the construction sites wherever there are substantial number of women labourers involved to closely monitor and address complaints. Community Investment Plan In view of the presence of poor communities in the neighbouring villages of the sub project sites at Varanasi and Sahibganj, the project will consider facilities for developing community infrastructure including two options of street lighting facilities sanitation facilities particularly toilets for women as per availability of budgetary allocations. The communities however will be consulted about their requirements before the planning these facilities and may also participate in the planning and implementation of the facilities. EQMS-AIAID-IRG JV 79 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 9. : Labour, Health and Safety During the project implementation phase, labour, health and safety are some of the major areas where risks may emerge and mitigation measures have to be planned. The construction contractor is responsible for providing temporary residential accommodation and other necessary infrastructure facilities as per the The Building and Other Construction Workers (regulation of employment and conditions of service) act, 1996. Women may participate as unskilled laborers during construction and steps maybe taken to ensure their health and safety. The construction contractor is responsible for hiring their labor force who may or may not be locally sourced. Thus, an influx of male and female migrant workers and their families is anticipated. Foreseeing the involvement of women both directly and indirectly in the construction activities, certain measures are required to be taken towards welfare of labourers in general and well-being of women and children in particular during the construction phase. 9.1. Provisions for Labourers in the Construction phase The construction sites established by the contractor needs to comply with all applicable National laws. Accordingly, specific recommendations are being made for the construction camp workers. Temporary Housing During the construction work phase, the families of laborers/workers should be provided with residential accommodation suitable to nuclear families at a nearby location as per the Building and Other Construction Workers (regulation of employment and conditions of service) act, 1996. First Aid care Centre Health problems of the workers should be taken care of by providing basic health-care' facilities through health centers temporarily set up for the construction camp. The health center should the requisite staff, free medicines and minimum medical facilities to tackle first-aid requirements or minor accidental cases, linkage with nearest higher order hospital to refer patients of major illnesses and critical cases. Day Crèche Facilities It is expected that among the women workers there will be mothers with infants and small children. The provision of a day care crèche as per the The Building and Other Construction Workers (regulation of employment and conditions of service) act, 1996 is the contractor’s responsibility. The crèche should be provided with at least a trained worker to look after the children. The worker, preferably women, may take care of the children in a better way. Proper Scheduling of Construction Works and payment of wages EQMS-AIAID-IRG JV 80 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Owing to the fast pace of construction work, it is expected that a 24 hours long work schedule would be in operation. Women should be exempted from night shifts works as far as possible. The construction contractor is also responsible for complying with The Minimum Wages Act, The Payment of Wages Act, The Maternity Benefits Act, The Inter-State Migrant Workmen act, The Employees Compensation Act, The Prohibition of Child Labour Act and The Bonded Labour Act and Sexual Harassment at Work Place (Prohibition, Prevention and Redressal) Act. Timely payment of wages and equal pay for both men and women must be ensured by the contractor in and institutional mechanisms to monitor compliance with these acts Special Measures for Controlling STD and AIDS The prevalence of Sexually transmitted diseases and AIDS is often rampant in construction areas. Unhealthy sexual behavior gives rise to STDs and AIDS. In context of the vulnerability of the construction workers, Awareness camps for persons, both in the construction camp and neighboring villages as well, and supply of condoms at concession rate and condom vending machines at specific locations will help to a large extent in this respect for controlling the disease. Consultancy services for implementing the RAP will distribute the IEC material and organize these awareness camps. PIUs with the help of the consultancy services can liason with state departments for procuring the vending machines. EQMS-AIAID-IRG JV 81 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 10. : Budget The estimated cost for RAP and SMP, including resettlement costs, planning and implementation, management and administration, monitoring and evaluation and contingencies is approximately Rs.62 Crores. The valuation method and basis for the R&R component is given below. a. Valuation method for compensation for Land and Structures and Trees  Valuation of Land o The valuation of land has been carried out as per the Jharkhand state rules on the RFCTLARR 2013. The compensation value of land is two times the circle rate with a top up of 100 percent solatium. The circle rate has also been updated in 2015.  Valuation of Structure o The valuation of structures has been calculated as per latest Basic Schedule of Rates (PWD) for 2015 and the valuation of structure is being done without depreciation taking 100 percent solatium.  Valuation of trees o A Valuation Committee, with representation from the Forest Department for timber trees and the Horticulture Department for fruit/flower bearing trees, is responsible for valuation and enumeration of trees. b. R&R budget The cost of R&R assistances is accounted as per First, Second and Third Schedules of RFCTLARR Act 2013. Components of the Resettlement Colony have been selected as per Schedule 3. Table 10.1 : Cost of R&R Sl. Compensati Components Unit Qty Rate Total (In Rs.) No on Value Compensation for A Land , structure and trees 3,60,00 0 per acre for agricult ural 1 Land Acre 111.7 and 82040806 12,50,0 00 per acre for residen tial land 2 Interest 12% 9844896.72 EQMS-AIAID-IRG JV 82 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 3 Structure Sq Mt 12925 55888107 4 Tree Nos 500 5498930.72 5 TOTAL 153272740.4 6 100% Solatium 153272740.4 7 Total 306545480.9 8 Lagan 65440 Establishment 9 15330546.04 Expenses 5% Contingency 1533054 Expenses ½ % Sub Total A 323474520.9 B R&R Assistance 1 Resettlement Colony No. Of Houses 235 200000 47000000 One Time 2 Family 235 50000 11750000 Rehabilitation Grant One Time additional 3 Family 22 50000 1100000 Grant to SC & ST Monthly Subsistence 4 Family 235 36000 8460000 Allowance 5 Cattle Sheds Family 77 25000 1925000 One Time Shifting 6 Family 235 50000 11750000 Assistance Annuity/ One time 7 grant for loss of Family 235 500000 117500000 livelihood Sub Total B 199485000 Civic Amenities, Road , Water Supply System, Common Property Resources for resettlement C colony. 150000 8 Road Km 3.5 5250000 0 10% of Cost of 9 Water Supply System 5190000 Structure 1 temples, 2 Community Centre and 1 Lump 10 CPRs School,1 7600000 sum Aanganwadi Kendra,1 Annimal Hospital Solar Light 10000000 Land for 11 Acre 16.47 26425664 Resettlement Colony EQMS-AIAID-IRG JV 83 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 54465664 Sub Total C Total B&C 25950664 Administrative 12 5% 12062533.2 Charges Contingency (consultancy fees for 13 3% 7237519.92 construction of colony) Sub total B&C 273250717.1 Implementation Cost D Activity cost for 1. Gender Development Plan 2. IEC awareness 3. Livelihood enhancemen 14 t 4 495000 1980000 RAP Implementation Lumps 15 team um 60,00,000 Lumps 16 M&E Consultant um 15,00,000 Grievance Redress Lumps 17 Mechanism um 5,00,00 94,80,000 Total of A,BC,D Contingency of R&R budget 5% 13625035.86 Grand Total 619830273.86 Say Rs.62.0 crores EQMS-AIAID-IRG JV 84 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 11. : Implementation structure and institutional arrangements The implementation of SMP will be overseen by the implementing agency (IWAI) under the Project Director, Jal Marg Vikas Project. A specialist for Social development PMU will be responsible for monitoring and support and coordination of the overall implementation at the project level The Social officer stationed at the Project Implementation Unit at the regional office in Kolkata and Patna will be responsible for managing social issues (including safeguards issues) at the sub project level at Farakka. These officers will assist the IA (IWAI) in implementation of RAP provisions. An officer-in-charge will be deputed by IWAI for liasoning with government authorities and other line departments as and when required. The role of the key persons in the implantation of the SMP are as follows: 11.1. Social Development Specialist Role of the Social Development Specialist at the PMU includes:  Ensuring the preparation of the RAP and its timely disclosure  Ensure consultation and stakeholder participation in the preparation of RAP.  Guide and monitor the RAP implementation agencies for resettlement and rehabilitation and initiatives planned under labour, safety and health measures.  Coordinate with implementation agencies on a regular basis and undertake field visits and consultations with PAPs for first-hand information.  Compile data related to resettlement and rehabilitation activities received from the PIU and the RO/ officers  Review Monthly and Quarterly reports and communicate the progress to the World Bank and other government stakeholders.  Facilitate necessary support to the Resettlement Officer and PIUs regarding the LA issues.  Aid the Project Director in providing the necessary information 11.2. Officer- in-charge cum Resettlement Officer An officer of IWAI from the regional directorate will be responsible for co-ordination among different agencies, such as the contractor, District Administration and other departments in the regional office for LA & RR issues. The officer will represent IWAI in public meetings. 11.3. Social Officer at PIU The role of the social officer at the Project Implementation Unit includes:  Coordinate the implementation process with the assistance of RAP implementation team  Coordination and closely interaction with the state authorities during the preparation and implementation of the RAP.  Conduct constant dialogue and regular meetings with the concerned State Authorities during the implementation and assist the Officer-in-charge cum Resettlement Officer. EQMS-AIAID-IRG JV 85 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  Participate in issues concerning with APs  Coordinate the RAP implementation with the displaced community  Monthly review and Monitoring of the implementation process and incorporation of corrective measures if required  Assist PAPs in registering of their grievances through the help-line  Convene meetings of grievance redressal cell on regular basis and represent PAPs in the meeting  Function till the completion of implementation of RAP, preparation and evaluation of the implemented RAP. 11.4. RAP implementation Team For the further support on management of safeguards and other social issues, a RAP implementation team will be engaged. The team consisting of Land Acquisition Facilitator, Livelihood expert, and MIS expert will carry out consultations with the affected community; verification of affected families and will prepare micro plans. The team will also be responsible for geo tagging and updating of the geo tagged information on a GIS map. The other activities to be carried out by the team includes preparation and distribution of identify cards for every individual PAF, opening of joint bank accounts, disbursement of assistance, counsel for the productive use of assistance amounts, monitor the use of assistances, planning for relocation of displaced households, allotment of houses, and coordinate the entire shifting process. A livelihood expert will be responsible for assessing training needs, awareness creation, coordination between implementing agencies etc, the tasks of the implementation team for the whole project will be as follows:  Develop rapport with APs and between APs and Project staff  Verification of APs and geo tagging the information, and uploading it on a MIS platform.  Consultations with the local community during the implementation of the RAP  Preparation of micro plan and assist the APs in receiving the rehabilitation assistance  Preparation and distribution of ID cards  Motivate and guide PAP for productive utilization of the compensation and assistance amounts  Assist the APs in getting benefits from the appropriate local development schemes  Assist IWAI in Planning for relocation of displaced households, allotment of houses, and coordinate the entire shifting process  Forward the grievances of the APs to the grievance redressal mechanism through the phone line or registration on website.  Assess the level of skills and identify needs training needs and organize training programs  Participate in the monthly review meetings with the Social Officer and Displaced community  Carry out other responsibilities as required from time to time specified by the regional director. 11.5. Contractor EQMS-AIAID-IRG JV 86 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 The contractor will be responsible for the following activities: 1. Setting up of temporary shelters for labourers at appropriate locations as per specifications of the law. 2. Complying by all labour laws including the norms regarding child labour, proper scheduling of works to ensure the protection of women. 3. Participating and facilitating awareness of HIV/ AIDS in the campsites 4. Respond to queries and issues raised through the grievance redress mechanism, and assist PIU in responding to the queries. 5. Follow the instructions of the regional directorate and PIU 11.6. Technical Supervision Consultants 1. External monitoring during implementation 2. Support and guide the implementation and compliance on safeguards 3. Documentation of various processes related to the implementation of RAP 4. Sensitize and help build capacity of the IWAI officials towards the implementation of the RAP provisions. 5. Assist Social Officer of PIU in preparing monthly progress and quarterly process documentation reports EQMS-AIAID-IRG JV 87 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Inland Waterways Authority of India Implementation Structure for RAP/SMP Project Director PMU (NW1) Project Management Unit (NW1) PMC (NW1) Regional Director 1 Regional Director 2 Patna (Cluster 1) Kolkata (Cluster 2) Resident Engineer Resident Cluster 2 Engineer Office I/C cum RO Office I/C cum RO Office I/C cum RO Office I/C cum RO Cluster 1 (Varanasi) (Sahibganj) Assistant Director Assistant Director Assistant Director Assistant Director Social Officer Cluster 2 Social Officer Cluster 1 Project Implementation Unit RAP Project Implementation Unit Implementation Team Figure 11.1 : Organisation Structure EQMS-AIAID-IRG JV 88 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 89 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 12. : Grievance Redress Mechanism Project related grievances broadly relating to matters pertaining to resettlement and rehabilitation, grievances pertaining to construction-induced impacts, grievances pertaining to environmental issues around project sites etc are anticipated in course of the project implementation. The state government as per the Section 51 – 67 of RFCT LARR Act 2013 delineates the responsibilities of the state government in terms of establishing a Rehabilitation & Resettlement Authority and in determining the collector’s responsibility in disputes arising because of disbursement of compensation and R&R assistances. Section 60 of the said Act delineates that the R&R Authority will have the same powers as that of a civil court under Code of Civil Procedure 1908 in matters pertaining to land acquisition. The R&R authority is the designated authority to handle any disputes and grievances related to land acquisition and relocation. Project related grievances broadly relating to matters pertaining to resettlement and rehabilitation, grievances pertaining to construction-induced impacts, grievances pertaining to environmental issues around project sites etc are anticipated in course of the project implementation. The state government as per the Section 51 – 67 of RFCT LARR Act 2013 delineates the responsibilities of the state government in terms of establishing a Rehabilitation & Resettlement Authority and in determining the collector’s responsibility in disputes arising because of disbursement of compensation and R&R assistances. Section 60 of the said Act delineates that the R&R Authority will have the same powers as that of a civil court under Code of Civil Procedure 1908 in matters pertaining to land acquisition. The R&R authority is the designated authority to handle any disputes and grievances related to land acquisition and relocation. This provision is applicable for all sub projects where private land is acquired. A centralised grievance public grievance mechanism common online portal hosted by the Department of Administrative reforms and Public Grievances (DARPG), GOI is the established and functional grievance redress mechanism appropriated by IWAI. Citizens and aggrieved parties can lodge a complaint or a grievance to be redressed by IWAI and the JMVP through the CPGRAM online portal. 12.1. Lodging a complaint on CPGRAM: A complainant can lodge a grievance on the CPGRAM website (accessible at : www.pgportal.gov.in) under the option of ‘public grievance’. Upon lodging a complaint, the complainant receives a registration number. Complainants are also provided with an option of filling out a reminder form and can view the status of their complaint with the registration number on the website itself. EQMS-AIAID-IRG JV 90 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 12.2. Processing the complainant: Once the complaint is lodged, the complaint is processed by the DARPG and is internally assigned to the concerned parent administrative ministry (in this case the ministry of Shipping) through the in- built features of the portal. The concerned ministry shall forward the grievance to the subordinate department (in this case IWAI) . Email notifications with timelines are also intimated to the concerned department, which has a nodal officer to address the grievances. 12.3. Nodal officer for grievance redress at IWAI: Once each complaint is received by IWAI, the Secretary, IWAI, the nodal officer, will mark any project related grievance to the Project Director , JMVP for submitting a reply with 15 days. Each grievance will be processed by the establishment section and Secretary IWAI will be the concerned officer for the monitoring of grievance redressal. 12.4. Redress of Project Related grievances: In case of project related grievances, complaints will be forwarded by the Social Specialist PMU on behalf of the Project Director to the concerned field units / PIUs . Replies for complaints pertaining to construction induced impact at project sites will be addressed by the Resident Engineer, PIU (Patna /Kolkata) and replies to complaints pertaining to R&R issues will be addressed by Social Officer, PIU (Patna/ Kolkata) . In case of any dispute pertaining to R&R measures or compensation, the Social Officer will prepare the reply in consultation with R&R authority and the District Administration. Once replies are received the Project Director will mark the grievance to Secretary, IWAI who shall then upload the reply on the portal. Intimation will be provided to the complainant via email/ post as is preferred by the latter. 12.5. In case of non-resolution: Reminders from the parent administrative ministry will be issued in case of pendency of complaints. The grievances will be tracked and monitored by the coordination section of the parent ministry. 12.6. Timelines: A grievance should be redressed within 2 months (as per the current guidelines of the DARPG) of its receipt. An interim reply is to be submitted in case the time taken to address the complaint may be longer than 2 months. 12.7. Extension of the existing system and linking with phone based registration of complaints: Linking and augmenting the existing provisions in the portal with a phone based recording and registration of complaints will be undertaken by IWAI in consultation and with the National Information Centre (NIC) subject to necessary clearances and approvals. 12.8. Process flow for grievance redressal through toll free grievance mechanism EQMS-AIAID-IRG JV 91 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 The grievance redress mechanism will be planned around the following process flow. Step 1 : Grievance is received by the redressal officer and the officer will enter the details of the complainant as a new caller. Step 2 : A confirmation will be sent through auto generated SMS, with a reference number to the person registering the complaint. Provision may be made for providing a token number to the complainant , to help the complainant track the grievance. Step 3 : The two nodal officers for handling each grievance will be the PIU officer (Patna and Kolkata). The following representatives will be provided access to the software and will be linked to the monitoring dashboard to handle any escalation of complaint. a. Social Specialist, PMU. b. Land acquisition facilitator – R&R and compensation related c. Resident engineer - (Patna, Kolkata) – technical d. Project Manager ( cases of escalation) e. Project Director (cases of escalation) Step 4 - Once the complaint is registered, the PIU officer will receive an SMS notification, with a deadline of 14 days to resolve the grievance. The PIU officer will have the option of choosing the following actions. a) View (Complaint will be viewed) b) Action (what are the actions that have been taken to resolve the complaint) c) Assign / forward (the action will be forwarded) d) Escalate (The complaint will be escalated to officials) Step 5 - Type of Grievances and persons who will handle: Once the PIU officer ascertains the nature of the complaint, the officer will take the following action: R&R: In case of any grievance related to resettlement and rehabilitation and land acquisition, the land acquisition facilitator will be responsible addressing complaints pertaining to grievances relating to the acquisition of land. The PIU officer will assign and forward the queries to the land acquisition facilitator As the grievance redress function of the State government relating to compensation and land acquisition is mentioned in section 51-67 of the LARR Act 2013, the Land acquisition facilitator shall review each request and provide input in consultation with the district officials for any action pertaining to R&R. Construction induced impact and Environment Health Safety: the Resident engineer (Patna / Kolkata) will address Grievances pertaining to problems induced during construction. A window of 14 days will be provided to the officers concerned to resolve the issue and submit their responses. In case of non-response, SMS alert will be issued to remind the officers about the action pending. EQMS-AIAID-IRG JV 92 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Step 6 - Taking Action: The action taken on the basis of the consultation with the district administration will then be filled out in the action section in the dash board by the PIU social officer/ land acquisition facilitator. Step 7 - Resolving the grievance: Once the grievance is addressed and updated information is placed in the software, the grievance is labelled as resolved. An SMS will be accordingly issued to the complainant. If any grievance is not resolved within 21 days an SMS alert will be issued to the officer above (refer the hierarchy of GRM given below) the concerned officer tackling the grievance. For instance, the PIU officer does not respond within 21 days , an SMS alert will be forwarded to the Social Specialist, PMU. Further to this , if the social specialist is unable to respond within 21 days, , an SMS will be forwarded to Project Manager, PMU, and upon the non- response of the same , it will be forwarded to the Project Director. Step 8 - Non resolution of grievance at any level: In case of non- resolution of the grievance due to the problem being beyond the jurisdiction of the concerned officer, the said officer may escalate the issue in the following hierarchy until step 6 and 7 are achieved: Project Director, PMU, Project JMVP Manager, PMU, Specialist JMVP (Social Social Officers Development), (Kolkata and PMU Land Patna) , PIU Acquisition Faciliatator : Hierarchy of escalation of complaint EQMS-AIAID-IRG JV 93 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 : Process flow of GRM. EQMS-AIAID-IRG JV 94 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 13. Citizen’s Engagement Mechanism 13.1. Feedback mechanisms Feedback is received currently through a module available in the IWAI website (accessible at http://iwai.nic.in/) . Options are available for submitting feedback (seeking replies) and suggestions through the options in the module. The feedback received is currently monitored by the EDP cell of IWAI and Secretary , IWAI is the nodal officer for processing feedback received through the module. A separate website for JMVP is being planned which will make accessible various reports, new, and updates and status of various sub projects. Citizens can access important notices on tenders, MOUs , consultancies engaged etc. In addition to this, minutes and highlights of stakeholder consultations will be available on the website. A separate feedback module will be present on the website containing options for queries and comments and the feedback received will be monitored by the communication team at the PMU. 13.2. Plan for consultations Public Consultations will be held at three stages  Project preparation  Project implementation  Post implementation The Project will coordinate with the District Administration and other Developmental agencies to strengthen the socio-economic development of displaced and vulnerable families through constant engagement and consultations. To ensure effective communication with the stake holders during Project implementation and to enhance the project outcomes, the project will adopt following strategies.  To ensure the positive public behavior, communication and consultations will be facilitated to link the affected families with other development programmes particularly those pertaining to skill development and livelihood generation further to Mainstream their skill needs through constant engagement with affected families  Awareness campaigns related to construction induced impacts shall be regular activities during the project implementation. Consultations will be documented and reports uploaded on IWAI website. Published reports on effect of collaboration on project will serve as a monitoring indicator. The Resettlement Policy Framework and section 4.3 elaborates the detailed plan for the consultations. EQMS-AIAID-IRG JV 95 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Chapter 14. : Monitoring and Evaluation Plan The IA will be responsible for carrying out Monitoring and Evaluation throughout the project cycle. Internal monitoring including process monitoring will be carried out by the Social Specialist at the PMU level with the assistance from Social Officer at the PIU level and the RAP implementation team and external monitoring and evaluation will be carried by a third party. The IA will engage services of an external agency (third party) to carry out monitoring and evaluation to help monitor RAP implementation. Regular monitoring by undertaking site visits will help identify potential difficulties and problems faced in the project implementation and subsequently help take timely corrective measures, if needed. Monitoring will start as soon as the RAP implementation team is mobilized at site for implementation of RAP. Components of monitoring will include performance monitoring i.e., physical progress of the work such as construction of houses in relocation site, provision of basic amenities, relocation of displaced households, etc. and impact monitoring, process monitoring such as grievances redress mechanism. Indicators that would be monitored related to performance are provided in the following sections. However, if during the project implementation some other indicators are found relevant, those shall be included as well. 14.1. Internal Monitoring The IA is responsible for internal monitoring on regular basis with the help of social specialist of the PMU, PIU and the support of the safeguards specialist of the supervision consultant. Apart from the monthly reports submitted by the Implementation consultants (Team), a quarterly report of internal monitoring will be prepared by Social Officer, PIU. IA will follow the disbursement process of the District officials closely track all transactions in their resettlement database, followed by entitlement records signed by the affected persons and survey based monitoring of resettlement progress. The internal monitoring will also provide feedback on community concerns, grievances and requests. Internal monitoring will focus and ensure the followings:  Verification that there are no outstanding or unresolved issues with respect to the property valuation and economic rehabilitation in accordance with the provision of the award list prepared and disbursed by the District authorities.  Information campaign, discrimination and consultation with affected persons,  Status of relocation and timely disbursement of R&R assistance,  Value of entitlement received equal to that of actual structure acquired,  Use of entitlement and monitor its use,  Compensation for affected structures and other assets,  Payments for loss of income,  Relocation of affected persons and supports provided,  Implementation of economic rehabilitation and income restoration measures as per the entitlement matrix, EQMS-AIAID-IRG JV 96 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1  Effective operation of the Grievance Redress Mechanism detailing out number of complaints received and those resolved; reasons for delay in resolution, status of unresolved grievances, and  Funds for implementing economic rehabilitation activities as timely manner and sufficient for the purposes and spent in accordance with the plan. The following table 8.1 details the frameworks for internal monitoring and table 8.2 contains details of these indicators Table 14.1 : Frameworks for Internal Monitoring Type Indicators Issue Procedure Timing Responsibility Grievances: Number (%) Responded and / resolved within the stipulated service standard Reports generated Monthly for response by the MIS software Quarterly times. on cases open and PIU/ External (Citizen’s closed and analysed Consultant engageme Citizen’s the types of nt) engagement grievances Published reports on effect of Process level monitoring collaboration on project (Yes/no) RAP implementatio n Status of disbursement of R&R Verification and assistances examination of (verification of district records and PAPs, discussions with preparation of PAPs, geo tagged PIU / External Identity (ID) information on the Monthly Consultant cards; status of preparation of disbursement will be micro plan, simultaneously Number of uploaded on GIS displaced map. persons Resettled, implementation EQMS-AIAID-IRG JV 97 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 of community awareness . HIV awareness, consultation process, distribution of assistance, etc. no. of trainings held for income enhancement Use of health and safety measures, Compliance of labour laws including (I) Equal Wages (ii) Violation of laws pertaining to child labour (iii) Sexual Site observation, Harassment at checking of rosters camp site and PIU/External interaction with Monthly construction site Consultant labourers, (iv) Proper work contractors timings for women (v) Smooth functioning of day care centre (vi) Facilities in health care, sanitation provided at the site Consultations: Number of consultations held on livelihood Records and enhancement PIU/ External submitted transcripts Quarterly and counselling Consultant of consultations for effective use of assistances and quality of consultations, follow up with EQMS-AIAID-IRG JV 98 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 issues raised, equal participation of women in consultations. Process efficiency: Observation of Adequacy of staff disbursement employed, time process, and lag in the delivery PIU/ External documents Monthly of compensations consultant pertaining to the by the district distribution of government, compensation. process of handling conflicts. Restoration of Observation, PIU/ External livelihood Quarterly ,Survey, photograph consultant standards Discuss and assess records of trainings held with local No. of trainings people, health conducted on workers/ health post/ PIU /External income centre records and Annually consultant generation or HIV the training institutes AIDS etc engaged for the conducting training livelihood enhancement. Change in household Survey and level Changes in PIU/ External Consultation with Annually income and occupation, consultant relocated PAPs economic Impact level activities Police records, State of social consultation with harmony and relocated PAPs, Social PIU / External social security in PIU’s progress Annually safety consultant the resettled report, report areas submitted by M&E Consultants EQMS-AIAID-IRG JV 99 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Table 14.2 : Monitoring Indicators for R&R Implementation and Grievance Redressal Grievance Monitoring Sl. No. R&R Action Redressal Indicators indicators 1. Physical No. of PAHs paid compensation for No. of grievances Progress and acquisition of private land, structures registered through Process and trees Website and phone indicators No. of PAHs provided R&R assistance line as per schedule 2 No. of PAPs shifted resettlement site No. of PAPs No. of SC/ST PAPs received livelihood expressing assistance/training satisfaction with the No. of women PAPs received resolutions given; livelihood assistance/ training timeliness; No. of structures replaced impartiality, etc. No. of common property resources replaced No. of cases 2 Income Reinvestment of compensation by the escalated to Restoration PAPS IWAI,HQ No. of PAPs with new employment opportunities after receiving training No. of court cases support from project registered, if any Monthly incomes after relocation No. of women’s association or groups formed for income generation activities. No. of SC PAPs with new income opportunities. 3. Financial Compensation paid for structures Progress including assistance towards registration charges and taxes Compensation paid for acquiring other assets from private owner Expenditure on non- quantified impacts Disbursement Amount paid for R&R. (Progress on compensation must be presented in Monthly and Quarterly reports submitted by the implementation agency) EQMS-AIAID-IRG JV 100 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Grievance Monitoring Sl. No. R&R Action Redressal Indicators indicators 4 Implementation No. of women groups or associations of facilitated Gender No. of women PAPs receiving Development employment training Plan No. of women PAPs participated in consultations by RAP implementation team/ IWAI 14.2. External Periodic Evaluation and Concurrent Monitoring The implementation activities will be evaluated externally during mid- term and end term through an independently appointed agency, consultant not involved with any aspects of the Project, which will also provide support to IA. IA will hire such external agency. A survey of affected households will be undertaken to assess the degree to which the project’s resettlement objectives have been met. The socio-economic survey undertaken during RAP preparation will form a baseline data, from which many of the indicators can be measured. A survey at the end of the sub-project period will cover all PAPs and assess changes caused by the project. The aim of the sample monitoring survey will be to measure the extent to which PAPs living standards have been restored/improved. External monitoring will also be conducted to assess the Resettlement Action Plan implementation and its impacts, verify internal monitoring and suggest adjustment of delivery mechanisms and procedures. Additional monitoring surveys of a sample of affected households will be undertaken as a part of this activity. The socio-economic baseline surveys conducted during resettlement planning will be a part of this monitoring activity. This activity will be undertaken by an external independent agency trained in monitoring and evaluation and familiar with resettlement aspect of the infrastructure development, which will provide feedback on RAP implementation. The external monitor will review the resettlement implementation. The external monitoring involves:  Review of RAP Implementation,  Review of internal monitoring Reports,  Review of compensation status,  Quality of rehabilitation support,  Relocation status,  Information disclosure,  Process and mechanism of compliance redress,  Employment status of the PAPs,  Livelihood restoration, and  Awareness in HIV/AIDS and human trafficking. EQMS-AIAID-IRG JV 101 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Based on the above mentioned activities the external monitoring agency will focus on:  Evaluation of social and economic impact of relocation and economic rehabilitation of the project affected persons.  Verify the objectives of enhancement of economic condition PAPs, or at least restoration of income levels and standard of living of the affected persons.  Furnishing creative suggestions and modifications in relocation process and economic rehabilitation, if necessary.  Making ex-post evaluation to ensure all resettlement activities are properly conducted.  Verification of internal monitoring to ensure the appropriateness of activities carried out by program implementation unit in the field.  Conduct household survey of PAPs to monitor progress comparing with pre-project, pre-resettlement standard  Evaluation of delivery system to the PAPs and assess impacts of entitlements to determine the approved resettlement action plan.  Evaluation of consultation and grievance redress procedures to identify the levels of public awareness of grievance-redressal procedures, accessed by project affected persons and households for information and rapid conflict resolution.  Evaluation of actual operations of grievance redress mechanism to assist project affected persons as required and to act as observers.  Declaration of successful implementation for summing up of activities related to entitlements, distribution and resettlement.  Recommend follow up action relating to outstanding actions required to complete achievement of objectives of the RAP and resettlement policies, additional mitigation measures for project affected persons. Table 14.3 : Frameworks for External Monitoring Indicators Procedure Timing Responsibility Site observation, attendance record, Employment of child PIU/External interaction with Annually labour Consultant laborers and contractors Campsite Site observation, management including interaction with PIU/External Annually lodging arrangement laborers, Consultant and campsite facilities contractors Site observation, Use of health and interaction with PIU/External Annually safety measures laborers, Consultant contractors EQMS-AIAID-IRG JV 102 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Indicators Procedure Timing Responsibility Site observation, Temporary leasing of contractors, check PIU/External Annually private land and house contract Consultant agreement Interaction with Discrimination of wage laborers, labor PIU/External rate between male and Annually survey, record of Consultant female workers wage payment Visit the identified Encroachment into public land interact PIU/External Annually public land with local people, Consultant take photographs Development of new Observation, PIU/External settlements/slum recording of sites, Annually Consultant along the river photograph Incidence of Discuss with local communicable people, health PIU/External diseases like workers/ health Annually Consultant respiratory, STD, post/ center HIV/AIDS etc. records State of social harmony Police records, and social security like PIU/External discussion with Annually alcoholism, narcotics Consultant local residents etc. Interview with families, internal Changes in the living PIU/External monitoring records, Annually standard of people Consultant discussion with PAPs Visit the area, discuss with Status of relocation PIU/External people, Annually sites Consultant observation and photographs EQMS-AIAID-IRG JV 103 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Annexure-I EQMS-AIAID-IRG JV 104 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 105 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 106 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Annexure-II (Notification and Declarations) EQMS-AIAID-IRG JV 107 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 108 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 109 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 110 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 111 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 112 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 EQMS-AIAID-IRG JV 113 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Annexure-III PAF List (Structures) EQMS-AIAID-IRG JV 114 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 PAP LIST – STRUCTURES Terminal Project District Sahebganj Jharkhand Village- Samda Thana No. 1 Sl Plot No. Khata Type of loss Nature of loss No. No. Name of owner Remarks 1 41 62 Duliya Mosumat W/O- Lt. Ramvilash Yadav Structure Jhopri 2 41 62 Fuleshwari Mosumat W/O-Lt. Ramnath Yadav Structure Jhopri 3 41 62 Munia Mosumat WO/ Lt. Shivmani Yadav Structure Jhopri 4 173 47 Fulchand Mandal S/O-Lt.Jailal Mandal Structure Semi Pucca 5 173 47 Laki Mosumat W/O- Lt.Madhu Madal Structure Kutcha 6 173 47 Bhawesh Mandal S/O- Lt. jagdish Mandal Structure Semi Pucca 7 173 47 Thakur Mandal S/O Lt. Anandi Mandal Structure Kutcha 8 173 47 Sihari Mandal S/O- Medan Mandal Structure Kutcha 9 173 47 Kuldeep Mandal S/O- Lt. Jagdish Mandal Structure Kutcha 10 173 47 Sharvan Mandal S/O- Lt. Bhado Mandal Structure Semi Pucca 11 173 47 Haradhan Mandal S/O- Lt. Balram Mandal Structure Kutcha 12 173 47 Dhetu Mndal Allies Shyam Mandal S/O- Lt. Nehali Mandal Structure Pucca/jhopri 13 203 52 Rajendra Yadav S/O- Kailash Yadav Structure Pucca/jhopri 14 203 52 Vijay Yadav S/O- Dhanraj Yadav Structure kutcha 15 203 52 Uday Yadav S/O- Dhanraj Yadav Structure kutcha EQMS-AIAID-IRG JV 115 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 16 203 52 Manohar Yadav S/O- DhanrajYadav Structure kutcha 17 203 52 Mosumat Nandani W/O- Lt. Santo Structure kutcha 18 203 52 Hari Yadav S/O- Kishun Yadav Structure Jhopri 19 203 52 Rajesh Yadav S/O-Subhedar Yadav Structure Pucca 20 203 52 Bhuban Yadav S/O- Subhedar Yadav Structure Pucca/ Jhopri 21 203 52 Vishun Yadav S/O- Shiv Pd. Yadav Structure Jhopri 22 185 55 Upendra Singh S/O- L.t Bhikhan Singh Structure Kutcha 23 185 55 Panchan Singh S/O- L.t Bhikhan Singh Structure Kutcha 24 185 55 Ramdamodar Singh S/O-Lt. Bhikhan Singh Structure Kutcha 25 185 55 Arun Singh S/O- Jagdeo Singh Structure Kutcha 26 185 55 Bor Bhadaur Singh S/O- Dwarika Singh Structure Kutcha 27 185 55 Chandrashekhar Singh S/O- Virbhadur Singh Structure Kutcha 28 185 55 Ramdaodar Singh Lt. Baiju Singh Structure Kutcha 29 185 55 Indradeo Singh S/O- Baldeo Singh Structure Kutcha 30 185 55 Mithlesh Singh S/O- Indradeo Singh Structure Kutcha 31 185 55 Shivnarayan Singh S/O- Bhagirath Singh Structure Kutcha 32 185 55 Madho Singh S/O- Lakshmi Singh Structure Jhopri 33 185 55 Narad Singh S/O- Hira Singh Structure Jhopri 34 185 55 Maharaj Singh S/O- Lt. Ramchandra Singh Structure Jhopri EQMS-AIAID-IRG JV 116 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 35 185 55 Yogi Choudhary S/O-Lt. Ramlochan Choudhary Structure Jhopri 36 185 55 Devratni Devi W/O- Changal Singh Structure Jhopri 37 185 55 Arjun Singh S/O- Ayodhaya Singh Structure Kutcha 38 185 55 RamKumar Singh S/O- Dwarika Singh Structure Kutcha 39 185 55 Giniya Devi W/O- Suryanarayan Singh Structure Kutcha 40 185 55 Virendra Singh S/O- Dwarika Singh Structure Kutcha 41 185 55 Shivnarayan Singh S/O- Mishrivand Singh Structure Kutcha 42 185 55 Shivji Singh S/O- Jiranman Singh Structure Kutcha 43 185 55 Gena Singh S/O- Ganeshi Singh Structure Jhopri 44 185 55 Ramnandan SinghS/O- Dhanna Singh Structure Kutcha 45 185 55 Bechu SinghS/O- Ramcharuitra Singh Structure Jhopri 46 185 55 Vijay Kumar Singh S/O- Ramcharitra Singh Structure Pucca/ Jhopri 47 185 55 Sukar Singh S/o Lt. Ramcharitra Singh Structure Kutcha 48 185 55 Jeechu Mandal S/o Bhattu Mandal Structure Kutcha 49 185 55 Nandkishore Mandal S/o Ramsewak Manadal Structure Kutcha 50 185 55 Manikchandra Mandal S/oRamsewak mandal Structure Kutcha 51 185 55 Jamun Chaudhary S/o Kariman Chaudhary Structure Semi Pucca 52 185 55 Lutan Chaudhary S/o Kariaman Chaudhary Structure Jhopri 53 185 55 Kailash Choudhary S/o Kariman Chaudhary Structure Jhopri EQMS-AIAID-IRG JV 117 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 54 185 55 Narsingh Mandal S/o Sitaram Mandal Structure Jhopri 55 185 55 Upendra mandal S/o Sitaram Mandal Structure Jhopri 56 185 55 Nirob Mandal S/o Sitaram mandal Structure Jhopri 57 185 55 Sanjay ChaudharyS/o Vijay Chaudhary Structure Jhopri 58 185 55 Bhola Choudhary S/o Vijay Choudhary Structure Jhopri 59 185 55 Vijay Chaudhary S/o Ramraj Chaudhary Structure Kutcha 60 185 55 Anil Chaudhary S/o Ramraj Chaudhary Structure Semi Pucca 61 185 55 Candramohan MandalS/o Bhojal Mandal Structure Pucca/jhopri 62 185 55 Ganeshi Mandal S/o Tiku Mandal Structure Pucca/jhopri 63 185 55 Bhagwan Paswan S/o Mahaveer Paswan Structure Semi Pucca 64 185 55 Shambhu Chaudhary S/o Lt. Govind Chaudhary Structure Semi Pucca 65 185 55 Arjun Chaudhary S/o Lt. Gobind Chaudhary Structure Semi Pucca 66 185 55 JawaHar Chaudhary S/o Lt. Singheswar Chaudhary Structure Pucca/jhopri 67 185 55 Ratan Mandal S/o Gendu manadal Structure Semi Pucca 68 185 55 Ramashesh Chaudhary S/o Ramnagin Chaudhary Structure Jhopri 69 185 55 Gowardhanravi Das S/o Lt. Johri ravi Das Structure Jhopri 70 185 55 Manioj Mandal S/o Ramlal Mandal Structure pucca 71 185 55 Dulia Mousmat W/o Lt. Sipahi Chaudhary Structure Kutcha 72 185 55 Bharat mandal S/o Jailal Manadal Structure Jhopri EQMS-AIAID-IRG JV 118 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 73 185 55 Subhash Mandal S/o Ratan maadal Structure Jhopri 74 205 3 Hareram Yadav S/o Shiv wacchan Yadav Structure Jhopri 75 205 3 Sitaram Yadav S/o Shiv Wachan Yadav Structure Kutcha 199, 76 205 81, 3 Kesho Yadav S/o Shiv wachan Yadav Structure Kutcha 77 205 3 Chavinath Yadav S/o Shiv wachan Yadav Structure Kutcha 78 205 3 Gopal Yadav S/o Biswanath Yadav Structure Jhopri 79 205 3 Bikram Yadav S/o Ramjanam Yadav Structure pucca 80 205 3 Kanhai yadav S/o Ramjanam Yadav Structure Pucca/Kutcha 81 205 3 Niramal Yadav S/o Kasahi Yadav Structure Kutcha 82 205 3 Nageswar Yadav S/o Yaddu tyadav Structure Pucca 83 205 3 Dinesh Yadav S/o Kailash Yadav Structure Pucca 84 205 3 Biswanath Yadav S/o Shivwachan Yadav Structure Semi Pucca 85 205 3 Tuntun Yadav S/o Kailash Yadav Structure Kutcha 86 205 3 Hari yadav S/o Srikrisna yadav Structure Pucca 87 205 3 Rita Mousmat W/o Lt. Suresh Yadav Structure Kutcha 88 205 3 Motilal Yadav S/o Ramprasad Yadav Structure Kutcha 89 205 3 Shlok yadav S/o Motilal Yadav Structure Pucca 90 205 3 Sagar Yadav S/o Raghu Yadav Structure Pucca/jhopri EQMS-AIAID-IRG JV 119 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 91 205 3 Ramakant Yadav S/o Raghu Yadav Structure Pucca/jhopri 92 205 3 Raamanand Yadav S/o Raghu Yadav Structure Jhopri 93 205 3 Kashianath Yadav S/o Shivprasad Yadav Structure Jhopri 94 205 3 Bhola Yadav S/o Shiv prasad Yadav Structure Kutcha 95 205 3 Mahesh Yadav S/o Subedar Yadav Structure Pucca 96 205 3 Bhim Yadav S/o Lt. Ram Hulas Yadav Structure Kutcha 97 206 Shivkumar yadav S/o Bisu Yadav Structure Kutcha 98 206 Preamanath Yadav S/o Bisu Yadav Structure Kutcha 99 206 Amarnath Yadav S/o Bisu Yadav Structure Kutcha 100 206 Tuntun Yadav S/o Bisu Yadav Structure Jhopri 221, 101 218 22,59 Santosh yadav S/o Washisht Yadav Structure Jhopri 221, 102 218 22,59 Kundan Yadav S/o Warshist Yadav Structure Jhopri 103 218 22 Pappu Yadav S/o Sewak Yadav Structure Jhopri 104 221 59 Rampati Yadav S/o Shivjatan Yadav Structure Kutcha 105 221 59 Rajendra Yadav S/o Shivlakhan Yadav Structure Pucca 106 221 59 Babulal Yadav S/o Shivlakahan Yadav Structure Jhopri 107 221 59 Vijay Yadav S/o Shiv Lakhan Yadasv Structure Jhopri 108 221 59 Shankar Yadav S/o Nathu Yadav Structure Jhopri EQMS-AIAID-IRG JV 120 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 109 221 59 Laxman Yadav S/o Nathu Yadav Structure Kutcha 110 221 59 Krishna Yadav S/o Shankar yadav Structure Pucca 111 199 81 Parshuram Yadav S/o Viswanath Yadav Structure Jhopri 112 199 81 Jaishankar Yadav S/o Viswanath yadav Structure Kutcha 113 199 81 Sugreev Yadav S/o Viswanath Yadav Structure Kutcha 114 199 81 Kanhai Yadav S/o Prakash Yadav Structure Kutcha 115 195 81 Supan Yadav S/o Rudal Yadav Structure Kutcha 116 244 3 Gajji Singh S/o Ramdas Structure Kutcha 117 244 3 Pankaj Singh S/o Anil Singh Structure Kutcha 118 244 3 Bhagwan Singh S/o Antalal Singh Structure Kutcha 119 244 3 Musan Singh S/o Antalal Singh Structure Kutcha 120 244 3 Ranjeet Singh S/o Bacchu Singh Structure Jhopri 121 245 75 Loknath Yadav S/o Tyag Yadav Structure Jhopri 122 248 50 Ram ekbal Singh S/o Yugal Singh Structure Kutcha 123 248 50 Dalak Mandal S/o Chilru Mandal Structure Pucca 124 248 50 Chaita Mandal S/o Chilru Mandal Structure Pucca 125 248 50 Lalmohar Mandal S/o Chilru Mandal Structure Pucca 126 185 55 Pradeep Chaudhary S/o Shivchu Chaudhary Structure Kutcha 127 185 55 Ramdas Mandal S/o Sukhdev Mandal Structure Kutcha EQMS-AIAID-IRG JV 121 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 128 185 55 Sobran das S/o Sukhdev Mandal Structure Jhopri 129 200 55 Gainu Mandal S/o Keasto mandal Structure Jhopri 130 200 55 Mohan Mandal S/o Kesto Mandal Structure Jhopri 131 200 55 Shadev mandal S/o Kesto Mandal Structure Jhopri 132 200 55 Sukdev mandal mS/o Shivchu mandal Structure Jhopri 133 200 55 Vishnudev Mandal S/o Shivchu Mandal Structure Pucca 134 200 55 Shivnarayan Mandal S/o Baldev Mandal Structure Jhopri 135 200 55 Dinesh Masndal S/o Baldev Mandal Structure Jhopri 136 200 55 Gujaye Mandal S/o Karu Mandal Structure Pucca 137 200 55 Doman Mandal S/o Rdhe shyam Mandal Structure Jhopri 138 200 55 Sudama Chaudhary S/o Panna lal Chaudhary Structure Jhopri 139 200 55 Dilip Chaudhary S/o Pannalal Chaudhary Structure Kutcha 140 200 55 Janki Chaudhary S/o Panna lal Chaudhary Structure Jhopri 141 200 55 Rudal Mandal S/o Govind Mandal Structure Jhopri 142 200 55 Chandar Mandlal S/o Govind Mandal Structure Pucca 143 200 55 Prasadi Mandal S/o Kesto Mandal Structure Semi Pucca 144 200 55 Suresh Tanti S/o Bajrangi Tanti Structure Jhopri 145 200 55 Pintu Tanti S/o Bajrangi Tanti Structure Jhopri 146 200 55 Shankar Mandal S/o Jagdish Mandal Structure Pucca EQMS-AIAID-IRG JV 122 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 147 200 55 Bhudev Mandal S/o Rameshwar Mandal Structure Pucca 148 200 55 Muneswar mandal S/o Bhojal Mandal Structure Jhopri 149 200 55 Kailash mandal S/o babulal Mandal Structure Jhopri 150 200 55 Uttam mandal S/o Babulal Mandal Structure Jhopri 151 200 55 Phuliya Mousmat W/o Babulal Mandal Structure Jhopri 152 200 55 Taramuni Mousmat W/o Gholtan Mandal Structure Kutcha 153 200 55 Birbal Mandal S/o Ganga Prasad Mandal Structure Kutcha 154 200 55 Chaturanand Mandal S/o Bandhu Mandal Structure Jhopri 155 185 55 Singheswar Mandal S/o Moti Mandal Structure Kutcha 156 185 55 Lalu Mandal S/o Moti Mandal Structure Kutcha 157 185 55 Baiju Mandal S/o Moti Mandal Structure Kutcha 158 185 55 Amik Mandal S/o Moti Mandal Structure Kutcha 159 185 55 Ramsipahi Singh S/o Basudev Mandal Structure Kutcha 160 185 55 Nitish Kumar S/o Ravindra Singh Structure Kutcha 161 185 55 Subal Mandal S/o Sukhdev Mandal Structure Pucca/Kutcha 162 185 55 Pramod Kumar Singh S/o Harihar Singh Structure Semi Pucca 163 185 55 Jeetendra Rajak S/o Haricharan Rajak Structure Jhopri 164 185 55 Radheshyam Singh S/o Saryug Singh Structure Kutcha 165 185 55 Hariom Singh S/o Saryug Singh Structure Kutcha EQMS-AIAID-IRG JV 123 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 166 185 55 Aruna Devi W/o Gorelal Rajak Structure Pucca/jhopri 167 185 55 Prabhu Rajak S/o Haricharan Rajak Structure Kutcha 168 185 55 Ramswaroop Rajak S/o Lt. Tarani Rajak Structure Pucca/Jhopri 169 185 55 Sikandar Rajak S/o Suresh Rajak Structure Pucca/jhopri 170 185 55 Raghuwansh Rajak S/o Suresh Rajak Structure Pucca/jhopri 171 185 55 Suresh Rajak S/o Ganeshi rajak Structure Pucca/jhopri 172 185 55 Janardhan Rajak S/o Ganeshi rajak Structure Pucca/jhopri 173 185 55 Dharamdev Rajak S/o Ganeshi Rajak Structure Pucca/jhopri 174 185 55 Ravindra Rajak S/o Ganeshi Rajak Structure Pucca/jhopri 175 185 55 Ravikant Rajak S/o Ganeshi Rajak Structure Pucca/jhopri 176 185 55 Dharikshan Singh S/o Triloki Singh Structure Kutcha 177 185 55 Narayan Singh S/o Sonalal Singh Structure Jhopri 178 185 55 Bodhan Singh S/o Parsuram Singh Structure Kutcha 179 185 55 Jawahar Singh S/o Parsuaram Singh Structure Kutcha 180 185 55 Kuldeep Singh S/o Parsuram Singh Structure Kutcha 181 185 55 Bhola Singh S/o Parsuram Singh Structure Kutcha 182 185 55 Kamlakanta Singh S/o Gopal Singh Structure Pucca 183 185 55 Bodharam Singh S/o Bodhram Singh Structure Kutcha 184 185 55 Harihar Singh S/o Gopal Singh Structure Jhopri EQMS-AIAID-IRG JV 124 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 185 185 55 Ganpat Singh S/o Ramsurat Singh Structure Jhopri 186 185 55 Avinanadan Singh S/o Jatadhari Singh Structure Jhopri 187 185 55 Haricharan Singh S/o Jatadhari Singh Structure Jhopri 188 185 55 Siyaram Singh S/o Bhagirati Singh Structure Kutcha 189 185 55 Jatadhari Singh S/o Ravari Singh Structure Jhopri 190 185 55 Rameswar Singh S/o Rawari Singh Structure Kutcha 191 185 55 Mousmat Meera W/o Palakdhari Rajak Structure Pucca/jhopri 192 185 55 Ramdular das S/o Ramchandar Singh Structure Kutcha 193 185 55 Satyanarayan das S/o Raghunath das Structure Kutcha 194 185 55 Gogri Mousmat W/o Ramwachan Singh Structure Kutcha 195 185 55 Rajkumar Singh S/o Brijlal Singh Structure Jhopri 196 185 55 Madan Chaudhary S/o Ranjeet Chaudhary Structure Kutcha 197 185 55 Jagdish Singh S/o Bhaiyaram Singh Structure Kutcha 198 185 55 Heera Singh S/o Gopal Singh Structure Kutcha 199 185 55 Rameshwar Singh S/o Saryug Singh Structure Jhopri 200 185 55 Radhesyam Chaudhary S/o Saryug Singh Structure Jhopri 201 185 55 Saryug Das S/o Sacchu Das Structure Pucca 202 185 55 Hareram Chaudhary S/o Saryug das Structure Jhopri 203 185 55 Siyaram Chaudhary S/o Saryug Das Structure Pucca EQMS-AIAID-IRG JV 125 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 204 185 55 Ashok Singh S/o Indradev Singh Structure Jhopri 205 185 55 Shyam Singh S/o Indradev Singh Structure Jhopri 206 185 55 Shaligrm Singh S/o Indradev Singh Structure Jhopri 207 246 50 Rajbali Singh S/o Rajkumar Singh Structure Jhopri Khata & Plot no. 208 Prabhu sah S/o Lt. Jaygovind Sah Structure Semi Pucca not provided Khata & Plot no. 209 Sudama Sah S/o Lt. Moti Sah Structure Semi Pucca not provided Khata & Plot no. 210 Chotelal Sah S/o Lt. Moti Sah Structure Semi Pucca not provided Khata & Plot no. 211 Jeeut Sah S/o Lt. Moti Sah Structure Semi Pucca not provided Khata & Plot no. 212 Indira Masomar S/o Lt. Gopal Yadav Structure Semi Pucca not provided Khata & Plot no. 213 Brahmmadev Yadav S/o Lt. Ramjanan Yadav Structure Semi Pucca not provided Khata & Plot no. 214 Mousomat Bimli W/o Sudama Yadav Structure Semi Pucca not provided 215 176 47 Manoj Mandal S/o Nimai Mandal Structure Pucca 216 2 170 Ganpat yadavS/o Shivjatan Yadav Structure Kutcha 217 2 170 Kailash Yadav S/o Shivjatan Yadav Structure Kutcha Khata & Plot no. not provided 218 Ramdev Yadav S/o Ramjanam Yadav Structure Kutcha 219 205 3 Dinesh Yadav S/o Kailash Yadav Structure Pucca EQMS-AIAID-IRG JV 126 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 220 205 3 Nageswar Yadav S/o Kailash Yadav Structure Pucca 221 205 3 Vinod Yadav S/o Shivwachan Yadav Structure Pucca 201, 222 206 55 Niranjan Singh S/o Dheeran Singh Structure Pucca 202, 223 206 55 Rmanand Singh S/o Dheeran Singh Structure Kutcha 202, 224 207 55 Nitai Singh S/o Dheeran Singh Structure Pucca 202, 225 208 55 Sanjay Singh S/o Suran Sigh Structure Pucca 202, 226 209 55 Ajay Singh S/o Suran Singh n Structure Pucca 202, 227 210 55 Lalu Singh S/o Suran Singh Structure Pucca 202, 228 211 55 Dhanajay Singh S/o Suran Singh Structure Pucca 229 205 3 Vijay Yadav S/o Kashi Yadav Structure Pucca 230 245 75 Chotelal Singh S/o Durga Singh Structure Jhopri 231 185 55 Pratima Devi S/o Jeetendra Rajak Structure Pucca 232 292 82 Kailash Yadav S/o Shivmuni Yadav Structure Pucca 233 205 3 Sitaram Yadav S/o Shiv Wachan Yadav Structure Pucca 234 185 55 Mukti Rajak S/o Sukhdev Rajak Structure Kutcha 235 185 55 Tulsi Rajak S/o Sukdev Rajak Structure Kutcha EQMS-AIAID-IRG JV 127 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Annexure-IV PAF list (Land owners) EQMS-AIAID-IRG JV 128 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Terminal Project District Sahebganj Jharkhand Village- Samda Thana No. 1 (Land) Sl No. Plot No. Khata No. Name of owner Type of loss Nature of loss Remarks 90/91/92/93/ Parti jameen 94/96/97/98/ 54/55/82/ Mango Tree-82 99/180/181/1 61/55/22/ Bhagwat and other tree- Out of 1 83/184 80, Dokaniya Land/Orchad 50 Village Parti jameen Out of 2 95 47 Mahant Ydav Land/Orchad MangoTree -17 Village Ramji Yadav, Parti jameen S/O- Sudam MangoTree Yadav 03and Other Out of 3 100/106/82 37 Land/Orchad Tree-05 Village Parti jameen Kedar MangoTree 100 Yadav,S/oNarayan 01and Other Out of 4 /106/107/82 37 Yadav Land/Orchad Tree-09 Village Parti jameen MangoTree-1 Alok Yadav, S/o- Shiv and Other Out of 5 100 37 Pd.Yadav Land/Orchad Tree-04 Village Sugriv Yadav ,S/o- 100/82 Hari pd. Yadav Out of 6 37 Land Parti jameen Village Rampati Musmat, Parti jameen W/o- MangoTree - Lt.Rameshwar 1and Other Out of 7 107 37 Yadav Land/Orchad Tree-01 Village Mahendra Yadav, Rajendra Yadav, Suresh Parti jameen Yadav,S/o- MangoTree - Rameshwar 1and Other Out of 8 107 37 Yadav Land/Orchad Tree-01 Village Parti jameen Out of 9 185 55 Jagat Mushar Land Other Tree-01 Village Yogi Mandal S/o- Parti jameen Out of 10 185 55 Lt.Basant Mandal Land Other Tree-01 Village Chotelala Chodhary,S/o - Kariman Parti jameen Out of 11 185 55 Choudhary Land Other Tree-02 Village EQMS-AIAID-IRG JV 129 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Jawahar Choudhary , S/O- Singeshwar Out of 12 211, 185 55 Choudhary Land Parti jameen Village Ganesh Yadav, Parti jameen S/O- Ramsakal MangoTree Yadav 28and Other Out of 13 211, 217 /216 55, 12 , 16 Land/Orchad Tree-05 Village Rajant Gope Parti jameen Digar MangoTree - 61and Other Out of 14 215, 219 , 212P 7 Land/Orchad Tree-04 Village 207, 208, 220, Ramjanam Gope, Parti jameen 209, 194, 210, S/o- Kalicharan MangoTree - 212 51, 31, 40, Gope 1and Other Out of 15 32, 83 Land/Orchad Tree-08 Village Parti jameen MangoTree 17and Other Out of 16 193 52 Balram Singh Land/Orchad Tree-0 Village Virendra Yadav, S/o- Lt.Ramlakahan Parti jameen Out of 17 189, 187, 186 40, 81, Gope Land Other Tree-10 Village Ramkishun Singh, S/o- Ramchandra Out of 18 246P 50 Singh Land Parti jameen Village Jageshwar Manadal,S/o- Darogi Out of 19 185P 55 Mandal Land Parti jameen Village Bandhu Singh, Mahendra Singh,S/O- Bishun Parti jameen Out of 20 185P 55 Singh Land Other Tree-13 Village Ramrup Rajak,Sharvan Rajak , Dhananjay Rajak , S/o- Tarni Out of 21 185P 55 Rajak Land Parti jameen Village Pawan Kumar Singh, Abhay Kuamr Singh, Shivdayal Singh, Ramdayal Singh, Prabhudayal Singh, S/oSuparna Parti jameen Out of 22 185P 55 Singh Land Other Tree-1 Village EQMS-AIAID-IRG JV 130 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Parti jameen MangoTree - Rita devi W/o 32and Other Out of 23 247, 184,181 61 Rajesh yadav Land/Orchad Tree-21 Village Pashuram Yadav Parti jameen S/o Ramprasad MangoTree yadav 17and Other Out of 24 181 61 Land/Orchad Tree-13 Village Sadanand Sharma, Chand Sharma,Prabhud ayal Sharma,Shivdaya l Parti jameen Sharma S/o Radha MangoTree 178,180,181,1 Prasad 116and Other Out of 25 84 48,55,61 Sharma Land/Orchad Tree-29 Village Suryanarayan Sharma,Prabhud ayal Sharma, Radha Prasad Parti jameen Sharma S/o MangoTree Shrikrisna 117and Other Out of 26 39P,42P 33 Sharma Land/Orchad Tree-7 Village Kaushalya Out of 27 39P 33 Devi,Ramjeet Land Parti jameen Village Yadav, Ramji Yadav Out of 28 183 22 Ashok Yadav Land Parti jameen Village Ganga sagar Yadav,S/o Mangal Yadav, Rajram Yadav,S/o Out of 29 182P 30 Vaijnath Yadav Land Parti jameen Village Ramswaroop Yadav,Mohan Yadav,Hariprasad Yadav,Anoop Yadav, S/o Ramkhelaw Out of 30 81 21 Yadav Land Parti jameen Village Parti jameen Out of 31 79,80 34 Loknath Yadav, Land Other Tree-17 Village Sukhiprasad Yadav Out of 32 78P 71 Land Parti jameen Village EQMS-AIAID-IRG JV 131 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Suryanarayan Sharma S/o Out of 33 71P 47 Sukdev Sharma Land Parti jameen Village Parti jameen MangoTree - Devnarayan 31and Other Out of 34 83P 62 Dokaniya Land/Orchad Tree-56 Village Parti jameen MangoTree - 100and Other Out of 35 83 62 Ramraj yadav Land/Orchad Tree-2 Village Terminal Project District Sahebganj Jharkhand Village- Rampur Thana No. 3 Sl No.. Plot No. Khata No. Name of owner Type of loss Nature of loss Remarks 178, 120 , Parti Jameen 105 Mango Tree- 71 nad Other 1 3, 48, 49 Kanhai Yadav Land/Orchad Treee-10 Parti Jameen Sukhi Yadav S/o- Mango Tree16 nad Out of 2 5 25 Anup Yadav Land/Orchad Other Treee-09 Village Pashuram Parti Jameen Choudhary and Shad Mango Tree71 nad Out of 3 9, 11P 51, 170 Alam Land/Orchad Other Treee-16 Village Virendra Yadav, Parti Jameen S/O- Lt.Ramswarup Mango Tree17nad Out of 4 12,45 100 ,205 Gope Land/Orchad Other Treee-08 Village 207, 155, Parti Jameen 136 Mango Tree- 27nad Other Out of 5 14,15,16 Allaudin Land/Orchad Treee-05 Village EQMS-AIAID-IRG JV 132 Consolidated Social Impact Assessment cum Resettlement Action Plan for Jal Marg Vikas Project for Capacity Augmentation of National Waterway-1 Annexure-V Resettlement Policy Framework EQMS-AIAID-IRG JV 133 INLAND WATERWAYS AUTHORITY OF INDIA Ministry of Shipping, Government of India CAPACITY AUGMENTATION OF NATIONAL WATERWAY.1 BETWEEN HALDIA AND VARANA“I Jal Marg Vikas Project RE“ETTLEMENT POLICY FOR JAL MARG VIKA“ PROJECT 15th October 2016 Resettlement Policy Framework Jal Marg Vikas Project Table of Contents 1. RESETTLEMENT POLICY FRAMEWORK ......................................................................... 138 1.1. Introduction and Project Description........................................................................ 138 1.2. Project Components and scope of land acquisition: ................................................ 139 1.2.1. Varanasi – .............................................................................................................. 139 1.2.2. Sahibganj – ............................................................................................................ 139 1.2.3. Haldia..................................................................................................................... 140 1.2.4. Farakka .................................................................................................................. 140 1.3. Summary of project impacts: ................................................................................... 140 1.4. Type of losses ......................................................................................................... 141 1.5. Summary of Gender Development Plan .................................................................. 142 1.5.1 Gender disaggregated data..................................................................................... 142 1.5.2 Occupational Structure .................................................................................................. 143 1.5.3 Profile of Women Headed Households................................................................... 143 2. Objectives and Principles of the RPF .................................................................................. 145 2.1. Purpose of RPF (Resettlement Policy Framework) ................................................. 145 2.2. Preparation of SIA and RAP.................................................................................... 145 3. Legal Framework ................................................................................................................ 147 3.1. Applicable Laws ...................................................................................................... 147 3.1.2. World Bank Safeguard Policies .............................................................................. 150 3.2. Definitions and Eligibility criteria for various categories of displaced persons .......... 165 4. Land Acquisition Process adopted for the Project ............................................................... 168 4.1. Framework for Land Acquisition and Other Immovable Assets ............................... 168 4.2. Process flow for LA and R&R .................................................................................. 169 4.2.1. Requisitioning of Land by IWAI: ............................................................................. 169 4.2.2. Appointment of ‘Administrator’ for R&R: ................................................................. 169 4.2.3. Notification, declaration and preparation of award: ................................................. 169 4.2.4. Method of valuation of project affected assets........................................................ 169 5. Implementing Processes and arrangements ....................................................................... 171 5.1. District Land Acquisition Officer .............................................................................. 171 5.2. Social Development Specialist ................................................................................ 171 5.3. Officer- in-charge cum Resettlement Officer............................................................ 171 5.4. Social Officer at PIU ................................................................................................ 172 5.5. RAP implementation Team ..................................................................................... 172 5.6. Contractor ............................................................................................................... 173 5.7. Technical Supervision Consultants ......................................................................... 173 6. Grievance Redress Mechanism........................................................................................... 175 6.1. Lodging a complaint on CPGRAM: .......................................................................... 175 6.2. Processing the complainant: ................................................................................... 175 6.3. Nodal officer for grievance redress at IWAI: ............................................................ 175 6.4. Redress of Project Related grievances: .................................................................. 175 6.5. In case of non-resolution: ........................................................................................ 176 6.6. Timelines: ............................................................................................................... 176 6.7. Extension of the existing system and linking with phone based registration of complaints: 176 6.8. Process Flow of Grievance Redressal mechanism through toll free number ........... 176 7. Aligning of civil works with the R&R implementation ............................................................ 180 8. Monitoring Arrangements .................................................................................................... 181 8.1. Internal Monitoring .................................................................................................. 181 9. Cost and funding arrangements for R&R implementation .................................................... 185 10. Citizen’s Engagement Mechanism ...................................................................................... 188 10.1. Feedback mechanisms ........................................................................................... 188 10.2. Plan for consultations .............................................................................................. 188 135 Resettlement Policy Framework Jal Marg Vikas Project List of Tables Table 1.1 : Education Level of Women PAPs along the Project Area ......................................... 142 Table 1.2 : Profile of Women Headed Households ..................................................................... 143 Table 3.1 Key Social regulations and legislations ....................................................................... 147 Table 3.2 Safeguard Policies of World Bank............................................................................... 151 Table 3.3 Comparative Analysis of fit between World Bank OP 4.12 on Involuntary Resettlement and RFCTLARR Act, 2013 .................................................................................................. 152 Table 3.4 Entitlement Matrix ....................................................................................................... 160 Table 7.1 Sample Schedule of Relocation plan .......................................................................... 180 Table 8.1 : Frameworks for Internal Monitoring .......................................................................... 182 List of Figures Figure 5.1 : Organisation Chart for RAP implementation ............................................................ 173 List of Annexure Annexure - A: Designs of Varanasi, Sahibganj, Haldia and Farakka .......................................... 190 Annexure - B : First , Second and Third Schedule of RFCTLARR Act 2013 ............................... 194 Abbreviations EA EXECUTING AGENCY EIA ENVIRONMENT IMPACT ASSESSMENT EMP ENVIRONMENT MITIGATION PLAN ESMF ENVIRONMENT AND SOCIAL MITIGATION FRAMEWORK FGD FOCUS GROUP DISCUSSION GOI GOVERNMENT OF INDIA GoJ GOVERNMENT OF Jharkhand IA IMPLEMENTATION AGENCY IWAI INLAND WATERWAYS AUTHORITY OF INDIA IWT INLAND WATER TRANSPORT KII KEY INFORMANT INTERVIEW NGO NON GOVERNMENT ORGANISATION PAF PROJECT AFFECTED FAMILIES PAP PROJECT AFFECTED PERSON PAH PR PROJECT AFFECTED HOUSEHOLD PCM PUBLIC CONSULTATION MEETING RIGHT TO FAIR COMPENSATION &TRANSPERENCY IN RFCTLARRA 2013 LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT ACT RPF RESETTLEMENT POLICY FRAMEWORK RAP REHABILITATION ACTION PLAN SMP SOCIAL MITIGATION PLAN 136 Resettlement Policy Framework Jal Marg Vikas Project 137 Resettlement Policy Framework Jal Marg Vikas Project 1. RESETTLEMENT POLICY FRAMEWORK 1.1. Introduction and Project Description The Inland Waterways Authority of India (IWAI), Ministry of Shipping, Government of India is implementing the Jal Marg Vikas Project for capacity augmentation of navigation on National Waterway -1 (Varanasi to Haldia stretch) on the Ganga-Bhagirathi-Hoogly River System. The capacity augmentation includes development of the infrastructural facilities i.e. river terminals with appropriate cargo handling capacity and equipment for facilitating integration with other modes of transportation; one navigational lock, provision of navigation aids; river information system; RO-RO jetties; bank protection / slope protection; river training works; tow barges; inland vessels; survey vessels including rescue boats and survey equipment and dredging facilities. Among the interventions, construction of six IWT terminals, sites of three terminals and one navigational lock have been identified. IWAI is the Implementing Agency (IA). Considering the available LAD and cargo demand scenario, IWAI is focusing on the stretch between Haldia to Varanasi on National Waterway -1 at present in Phase -1 of the project. The following interventions have been planned under the Jal Marg Vikas Project for which this Resettlement Policy Framework is applicable.  Maintenance dredging to provide LAD in waterway/channel and the terminal facility  Improved Navigation Infrastructure & Navigation Aids o Construction of 10 Ro-Ro jetties & ferry passenger jetties. Locations of these jetties are yet to be identified. o Construction of 6 terminals: Site identification and planning for 3 terminals sites at Sahibganj, Varanasi and Haldia is completed. 2 more potential sites for development of terminals are identified at Ghazipur and Kalu Ghat. These two sites are still under consideration for finalization and planning of design at initial stage only. One more terminal site along NW-1 is being identified. o Construction of one Navigation Lock at Farakka, West Bengal. o Provision for tow barges, inland vessels, survey vessels including rescue boats and survey equipment. Development of low draught cargos. o Development of navigation aids along NW-1 for facilitation of day & night time navigation.  Development of efficient River Information System with all hardware & software.  Provision for bank protection / slope protection and river training works for critical locations.  The project will support detailed design preparation of passenger terminals at 18 locations in 6 cities (Allahabad, Varanasi, Patna, Munger, Haldia, Kolkata) for which the locations have yet to be identified. 138 Resettlement Policy Framework Jal Marg Vikas Project  The project at the operational stage, will substantially increase number and frequency of vessels that may lead to limited impact on the livelihood of the fisherfolk. IWAI has hired Central Inland Fisheries Research Institute to undertake environment and social assessment at sensitive locations to prepare mitigation plans, if required. The project also envisages the creation and improvement of integration opportunities with other surface transport modes such as roads and railways, so as to improve the overall efficiency of the logistics chain by linking the waterways through various well equipped terminals and jetties. Thus the Consolidated RAP/SMP has been prepared for the identified locations Varanasi, Sahibganj, Haldia and Farraka for which the details are given below from para 1.2 to 1.3. The RAP/SMP for the other sub-projects will be prepared after the identification of the location according to the plan provided in Chapter 2. 1.2. Project Components and scope of land acquisition: The 4 major infrastructural facilities identified and planned include multimodal terminals at Varanasi, Sahibganj and Haldia and Navigation lock at Farakka. The land requirement for the identified sub projects is summarized below: 1.2.1. Varanasi – The construction of the Multi Modal terminal at Varanasi requires 7.001 Ha of land; out of which 5.586 hectares of land is already under the possession of IWAI and an additional requirement of 1.415 hectares has been assessed for purchase through negotiated settlements. The development of facilities will be undertaken in two phases. The construction of the off-shore facilities will be undertaken in Phase 1(A) on 5.586 ha of land which was acquired in 2010 under the Land Acquisition Act, 1894. Under Phase I (B), road connectivity to the terminal will be provided with NH-7, for which 1.415 ha of land has been identified. 1.2.2. Sahibganj – The requirement of land for construction of the Multi Modal terminal with road and rail connectivity has been estimated at 78.91 ha. The facility will be developed in two Phases. Approximately 23.98 ha of will be required for Phase- I to build the terminal. 54.93 ha will be required for the expansion of the terminal and for providing road connectivity, which are proposed to be taken up in - II and I –B respectively. However, the District Administration, Sahibganj has initiated acquisition proceedings for 45.20 ha of private land for the terminal under RFCTLARR Act 2013. In addition to this, 2.89 ha of government land will also be transferred to IWAI. The details of the notifications by the District Administration are given below: Affected Villages Private land to be Date of Notification Date of Declaration acquired as per Section 11 as per Section 19 (1) of RFCTLARR (1) of RFCTLARR Act 2013 Act 2013 Samdanala 40.49 Ha 04.07.2015 29.10.2015 Rampur 4.71 Ha 08.07.2015 29.10.2015 139 Resettlement Policy Framework Jal Marg Vikas Project 1.2.3. Haldia 24.68 ha of land in the Haldia Dock Complex has been leased and transferred by the Kolkata Port Trust to IWAI on 30-year lease on June, 2015. 1.2.4. Farakka 14.86 ha of land in Farakka Barrage Project has been transferred by the Ministry of Water Resources, River Development and Ganga Rejuvenation to Ministry of Shipping, with IWAI the custodian, on March 2, 2016 after cabinet approval and after deposit of Rs. 2.35 crores by IWAI for transfer of land. RAP will be prepared for subsequent sub –projects after finalisation of locations and maybe updated for Farakka new navigational –lock following the finalisation of design by the contractor. 1.3. Summary of project impacts: A short summary of the land requirement for each sub project, scope of SIA and impacts is given below: Name of Land Privat Government SIA No.of No of No. of sub project required e land land complete families total total in (Ha) requisi d for (Ha) displace project Project tioned (Ha) d (losing affected affected in (Ha) structure families person s) s Multimodal 5.586 - 5 5.586 5.586 - - 0 Terminal Varanasi Phase (1a) Road 1.415 Connectivity Multimodal 23.997 45.02 2.89 48.09 235 275 1397 Terminal Sahibganj Phase -1 Road 3.5 * Connectivity ROB 6.11 0** Multimodal 24.68 24.68 24.68 - - 0 Terminal Haldia New 14.86 14. 86 14.86 - - 0 navigational lock at Farakka Total*** 80.148 45.02 48.016 93.216**** 235 275 1397 * Verification of land details and requirement going on ** Finalisation of requirement as per DPR consultants on going. 140 Resettlement Policy Framework Jal Marg Vikas Project *** Tentative to change as per final contours of the project for the other interventions **** SIA for Road Connectivity in Sahibganj and Varanasi, ROB in Sahibganj and additional terminals and RO- RO facilities will be completed once land requirement and locations are finalised. 1.4. Type of losses Loss of Private Land S. No. Type of Land To be acquired Area % age to Total Private Land (Hectares) 1. Land with Orchard 18.935 ha 41.79 2. Barren Land 6.879 ha 15.22 3. Land with structure 9.611 ha 21.26 4. Un surveyed 9.821 ha 21.73 5. Total 45.2 ha 100 Loss of structure S.no. Typology of structures No of structures 1. Residential structures 235 2. Common Property Resources 2 3. Government structures 2 Total 239 Vulnerable communities impacted Social category of affected families living in the affected area as presented in Table 4.5 reveals that out of total 235 AF, 206 (87.66 %) from Other Backward Classes, 20 (8.51%) from Scheduled Caste, 7 (2.98) % are from general category and 2 (0.85%) from Scheduled Tribe. Social Category of Affected Families Social Group Village ST (Hills) ST (Plain) SC OBC General Other Samda Nala & Rampur 0 2 20 206 7 0 Source: Field Survey Special assistance for SC and ST as per Section 31 and Second Schedule of RFCTLARR Act 2013 has been budgeted and included in the R&R scheme prepared by the District Administration. Support to these families during relocation and special counselling on 141 Resettlement Policy Framework Jal Marg Vikas Project livelihood enhancement measures will be prioritized. 1.5. Summary of Gender Development Plan There are a total number of 642 women affected by the project. There are 16 women headed households the affected area. Women were specially consulted to ensure awareness about the project among them and understand their concerns with the project and any specific needs that need to be addressed. In accordance with the provisions of RFCTLARR Act 2013, women will have “joint title-holdership” to the alternate housing facility to PAFs provided under the Second Schedule of the Act. Accordingly, to address the issues raised by women in the focus group discussions at Sahibganj, awareness camps will be conducted on pre- natal health. Women from Project Affected Families will be encouraged and counselled to take on community building activities in the resettlement colony. The needs of these WHHs will be given priority while providing support during relocation. Community Infrastructure initiatives in neighbouring areas of terminal locations (particularly in Sahibganj and Varanasi) like construction of toilets and street lights shall be considered upon further consultations and upon availability of budgetary allocations. Budget for various activities in the Gender Development Plan is included in the cost of RAP/SMP. 1.5.1 Gender disaggregated data Gender disaggregated data and separate consultations were conducted with women to understand their socio economic status. Population: The total number of PAPs is 1397 out of which 642 are females which form 45.96% of the total PAPs. Literacy: The literacy rate of the PAPs is 67.57% and the female literacy rate is 62.15%. The Table 1.1 shows the level of education of female and male PAPs. Majority of the female PAPs have studied up to Primary (class 5) school followed by HSC. Table 1.1 : Education Level of Women PAPs along the Project Area Educational Status Female % Illiterate 243 37.85 Literate no formal 0 0 education Upto Primary (class 5) 266 41.43 Upto HSC(6-12) 124 19.32 Graduate 9 1.40 Professional. / Tech. 0 0 Total 642 100 142 Resettlement Policy Framework Jal Marg Vikas Project 1.5.2 Occupational Structure Out of the 642 women, only 8.9% (57) belong to the working group. The remaining do not work i.e. 91.1 % of the women belong to the non-working group. Out of the total working women majority are agriculture labour. Income: Out of the total working women only 48 stated their income. Out of this 38 earn less than Rs. 5000 and 10 earns between Rs. 5000 – Rs.7000, 1.5.3 Profile of Women Headed Households Data was analysed to understand the impact of the project on vulnerable groups like the women headed households. Table 1.2 summarises the profile of women headed households and the impact of the project on these households. Table 1.2 : Profile of Women Headed Households No 25-35 2 35-45 3 Age Group 45-55 5 1 55-65 4 65 & above 2 Total 16 Married 2 Marital Status 2 Widow 14 Total 16 Illiterate 13 Educational Attainment Primary 1 Middle School 1 3 Secondary 1 Higher Secondary 0 Total 16 Yes 7 Working Status 4 No 9 Total 16 < 5000 6 6 Income (in Rs) 5000-10000 1 > 10000 0 143 Resettlement Policy Framework Jal Marg Vikas Project No No Income 9 Total 16 BPL 14 7 APL 2 Total 16 Partial 0 Impact 8 Full 16 Total 16 Residential 16 Commercial 0 Type of Impact 9 Open/ Vacant Plot 0 Plantation 0 Total 16 Land 0 Homestead Land & 16 Structure Type of Loss 10 Land & Livelihood 0 Livelihood & Structure 0 Total 16 A separate Gender Development Plan is included in the RAP/ SMP. 144 Resettlement Policy Framework Jal Marg Vikas Project 2. Objectives and Principles of the RPF 2.1. Purpose of RPF (Resettlement Policy Framework) The objective of the policy framework clarifies the resettlement principles accordingly cconsultation will be carried out to prepare sub-project Resettlement Action Plan/Social management Plan in accordance with World Bank’s Operational Policy on Involuntary Resettlement 4.12 and National Law, Right to Fair Compensation and Transparent Land Acquisition and Rehabilitation and Resettlement Act, (RFCTLAR&R) 2013. Accordingly, RPF has been prepared mapping the laws and regulations and procedures relating to the agencies responsible for implementation of resettlement and compensation. The RFP details out the (a) brief description of the project and components for which land acquisition and resettlement are required, (b) relocation requirement, (c) estimated population displacement and likely categories of displaced persons; (d) eligibility criteria of various categories of affected and displaced persons; (e) analysis of legal framework; (f) valuation methodology; (g) specific measures for gender and vulnerable community, (h) mechanisms for consultations with, (i) and participation; institutional mechanism;(j) implementation process, (k) linking resettlement implementation to civil works; (l) description of grievance redress mechanisms and (m) citizen feedback; and (n) monitoring and reporting mechanism. The RPF is applicable to the entire project. The project supports improving the navigability of NW-1 between Haldia and Varanasi for which facilities will be developed for increased cargo vessels. Road and rail connectivity would be provided in a phased manner as demand and usage pick up. One barge repair facility and five ro-ro crossings to promote cross-river movement of freight are also proposed. The project would also support preparation of designs for modern passenger ferry system in 18 locations in 6 cities (Allahabad, Varanasi, Patna, Munger, Haldia, Kolkata) which would eventually be implemented and operated by the four participating states. The project would also support construction of about 40 km protection works to protect unstable and erodible banks and retain the riverbank at sharp bends. 2.2. Preparation of SIA and RAP The RAP/SMP has been prepared for the 4 sub-project identified so far. For the remaining sub-project for which locations are yet to be identified and finalized, IWAI will commission a study to identify social issues and stakeholders and communities, including socially and economically disadvantaged communities. The assessment will identify local population likely to be affected by the project either directly or indirectly in accordance with the Rules framed by state governments on SIA, and census survey will be undertaken. Impacts and risks of potential investments would need to address the social safeguards gender and citizen’s engagement issues. The scope of the study in particular the following: 145 Resettlement Policy Framework Jal Marg Vikas Project  Will Inform, consult and carry out dialogues with the project stakeholders on matters relating to project design, objectives, and implementation and provide specific recommendations to avoid/minimize high social risks;  Will Screen the social development issues in the project area and its vicinity and accordingly design the social services that may have to be provided by the project in order to improve the quality of life;  Will Identify likely loss of community assets (e.g. school, community assets) including the religious structures and common property resources (e.g. forest, grazing land) the impacts of their loss on the local population;  Will assess the impact of influx of construction workers and others (both during civil works and operation of the project) on the incidence of HIV/AIDS and other diseases and develop a strategy to control them;  Will assess the capacity institutions and mechanisms for implementing social development aspects of the project implementation including the social safeguard plans and recommend capacity building measures; and,  Will develop monitoring and evaluation mechanism to assess the social development outcomes.  Will include actions related to beneficiary feedback, information dissemination, and grievance management. 146 Resettlement Policy Framework Jal Marg Vikas Project 3. Legal Framework 3.1. Applicable Laws The IA (Implementing Agency) has developed Resettlement and Rehabilitation Policy based on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLARR Act 2013); World Bank’s OP 4.12 and various government rules issued by state government for issues related to R&R and land acquisition. It lays down norms for rehabilitating the affected people and broadly outlines an approach and institutional framework to achieve its objectives. The key Social regulations and legislations that will govern the preparation and implementation of the project is presented below: Table 3.1 Key Social regulations and legislations Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub e y Agency Policy projects Not applicable to Archaeologic If project site any sub project al Dept. GOI, is located Indian Ancient Conservation of 300 mts Heritage Monuments and cultural and away from a Society and Archaeological 1958 historical notified Indian Sites and remains found in Ancient National Trust Remains Act India. monument or for Art and Archaeologic Culture al site Heritage (INTACH). Right to Fair 2013 Fair If IA acquires Yes. Applicable for Revenue Compensation compensation for land from land acquisition for Department. and acquisition of titleholders terminal at Respective Transparency in immovable Sahibganj, State Land assets; Jharkhand. Government Acquisition, Resettlement of and IWAI / Rehabilitation displaced IA (requiring and population due to Body – for Resettlement LA and purposes of Act 2013 economic starting the rehabilitation of process, all those who are calculating affected due to costs and land acquisition. making timely 147 Resettlement Policy Framework Jal Marg Vikas Project Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub e y Agency Policy projects Jharkhand 2015 The Jharkhand Applicable in Yes.In case of Revenue Rules on RFCT state case of acquisition of land in Department LARR ACT government has acquisition of Jharkhand for of Jharkhand 2013 (2015) notified rules on Land in Terminal at the RFCTLARR Jharkhand Sahibganj 2013, specifying the various forms and rules for LA and R&R proceedings under the Act. Panchayati Raj 1992 Depending on Applicable Applicable in case of The Act, the nature of the for any sub Sahibganj, Panchayats activity and the project Jharkhand of the And the extent the located in concerned Panchayat Panchayat has panchayat villages (Extension to the powers area Scheduled related to it, the Areas) Act in Panchayat level case of institutions will Scheduled be responsible areas. for the activities in the implementation of the project. The Act enables participation of Panchayat level institutions in decision-making by broadening the village level functions, supporting implementation of development schemes. The Act provides for involvement of the PRIs especially, the Gram Sabha/ Panchayat 148 Resettlement Policy Framework Jal Marg Vikas Project Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub e y Agency Policy projects during project preparation and implementation. The Panchayats at the village level will be involved for preparation and implementation of the project. The Act Grants Not applicable legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused If project by the forest passes laws. through Min/Deptt of The Scheduled customary Forests, Tribes and Makes a forest land Ministry of other beginning including Tribal Traditional towards giving 2006 reserved and Affaires, GOI Forest Dwellers communities and protected and (Recognition of the public a voice forests; Department Forest Rights) in forest and protected of Tribal Act wildlife areas and Welfare conservation. This Act lays also down specific community entitlements and forest. processes. It also lays down purposes for which and conditions under which the rights under this law 149 Resettlement Policy Framework Jal Marg Vikas Project Acts/Rule/ Objectiv Applicabilit Applicability to Responsible Year identified sub e y Agency Policy projects can be alienated and the manner in which it can be done. Alienation for Roads is one such purpose. Specific legal rights for specific persons/groups (individual, family, community) are mentioned under different heads such as title, user, etc. These will have to be kept in mind in the duration of the project. If any land alienation is involved, it has a limit prescribed by the Act, and has to be cleared by the Gram Sabha. There is also a limit on the number of trees that can be cleared for the purpose 3.1.2. World Bank Safeguard Policies The World Bank has Environmental and Social Safeguard Policies to reduce or eliminate the adverse effects of development projects. The social safeguard policies of World Bank are provided in the table below. 150 Resettlement Policy Framework Jal Marg Vikas Project Table 3.2 Safeguard Policies of World Bank World Bank Safeguard Safe Guard Objective Applicability Requirements Policies OP/BP Involuntary There will be need for Resettlement Action 4.12 Resettlement-The limited land Plan in consultation objective of this policy is acquisition for certain with the community to avoid or minimize project corridors and project involuntary resettlement resulting in: relocation authorities. where feasible, exploring or loss of shelter; loss Resettlement Action all viable alternative of assets or access to Plan has been project designs. assets; loss of income prepared). Furthermore, it intends to sources or means of assist displaced person livelihood. in improving their former living standards; community participation in planning and implementing resettlement; and to provide assistance to affected people, regardless of the status of their legal title. OP/BP Cultural Property –This This policy may be Contractor will be 4.11 policy aims at assisting in triggered by sub- responsible for the preservation of projects under IWAI in preparation of cultural those areas where mitigation plans. cultural property, property, historical, historical, religious religious and unique and unique natural natural value-this value-this includes includes remains left by remains left by previous human previous human inhabitants and unique inhabitants and environment features, as unique environment well as in the protection features may be and enhancement of affected during cultural properties widening and encountered in Bank- strengthening work of financed project. the sub-projects. Source: The World Bank Operational Policy 151 Resettlement Policy Framework Jal Marg Vikas Project Table 3.3 Comparative Analysis of fit between World Bank OP 4.12 on Involuntary Resettlement and RFCTLARR Act, 2013 Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Application of LA Applies to all components Section 2 Applicable to projects where of the project that result in government acquires land for its own use, involuntary resettlement, hold and control, including PSU and for public regardless of the source of purpose; for PPP where ownership of land financing. continues to vest with govt; private companies where 80% of land owners have given consent or 70% in case of PPP. Principle of Involuntary resettlement Alternatives to be considered as Act in avoidance displacement should be chapter II, Section # 4 (d) says "extent of land avoided where feasible, or proposed for acquisition is the absolute bare minimized, exploring all minimum needed for the project; and (e ) says viable alternative project land acquisition at an alternate place has design. been considered and found not feasible. Linkages with No such provision other projects Act mentions avoidance of multiple displacement due to acquisition under the Act. Some of the R&R Provisions could also be linked to other development projects to integrate for relocation and livelihood options. 152 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Application of Same as above In addition to the above, Section 2(3) land R&R purchased by private company as prescribed by Govt. or when part acquired by govt . The Act has detailed processes and provisions for R&R. Under the Act, the process of R&R would start at the time of the R&R Census and ends with the Award of R&R duly overseen by the Commissioner for R&R and the Committees where relevant. All provisions related to R&R are mandatory and have to be formally awarded in the course of the Acquisition procedure. No possession can be taken of land acquired unless R&R provisions are complied with. Affected area Involuntary take of land Section3(b): Area notified for ‘acquisition’ resulting in loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood Family Section 3(m) includes person, his and her spouse, minor children, minor brothers and sisters dependent. Widows, divorcees, abandoned women will be considered as separate family. 153 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Affected family Section 3 (a): whose land and other for eligibility immovable property acquired. (b)&(e): Family residing in affected area such as labourers, tenants, dependent on forest and water bodies, etc whose primary source of livelihood is affected due to acquisition All adversely affected people whether have (c)Scheduled tribes and other forest dwellers formal legal rights or do whose rights recognized under the Forest Dwellers Act 2006. not have formal legal rights on land (f) Family assigned land by state or central government under any schemes (g) Family residing on any land in urban area that will be acquired or primary source of livelihood affected by acquisition. Cut-Off date Date established by the Section 3 c (ii), (iv) (vi): Families residing for borrower and acceptable preceding 3 yrs or more prior to “acquisition of to the Bank. In practice it land”. is the date of census. Non-application Stand-alone SIA for all Section 6(2): Irrigation projects where EIA is of Chapter II investments required under other laws, provisions of SIA not applicable. SIA may be exempted by Government in case of urgency provisions Consultation – Consultation a Section 4(1) date issued for first consultation Phase I during continuous process with PRIs, Urban local bodies, Municipalities, preparation during planning and etc to carry out SIA. implementation Section 5: Public hearing of SIA in affected area. Provide adequate publicity of date and time. Time duration to Draft Social Assessment, Section 4 (2): within six months from the prepare SIA and Resettlement Action Plan date of its commencement. SIMP and or Social Management Framework Disclosure – To be disclosed before Section 6(1): Translated in local language Stage I appraisal and 120 days available in PRI institutions and local urban before board date. government bodies; district administrative 154 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas offices and websites of concerned. government agency. Formation of Appraised by Bank staff Section 7(1): Constitute a multi-disciplinary Expert Group to Expert Group include members of appraise SIA and decentralized govt Institutes (PRIs, ULBs). SIMP Time stipulated Before the decision Section 7(4): Submit its report within two for Group to meeting for appraisal months from the date of its constitution submit its report Scope of work of Social Assessment, Section 7 (4) (a&b): assess whether it serves the Expert group resettlement action Plan any public purpose or not; if social costs reviewed and appraised outweigh potential benefits then should be by Bank staff and abandoned; approved by Regional safeguard advisor Section 7 (5) (a&b): if serves public purpose, then it has considered minimum land acquisition, and alternate options to minimize displacement; potential benefits outweigh social costs Consultation – In practice consultation Section 2 (2): Prior consent of 80% and 70% Phase II during workshops are organized of land owners in PPP and where private appraisal in project affected areas company has approached the govt to acquire at district and state level. balance land has been obtained, Disclosure – Information dissemination Section 7 (6): recommendations of expert Stage II through the planning and group under 7(4&5)to be made public in local implementation language in district and block administrative office and PRIs Minimize impact Select feasible design Section 10: In case irrigated multi-crop land is on multi-crop that has minimal adverse to be acquired under exceptional land impact. circumstances, the area to be acquired cannot exceed aggregate of land of all projects in district or state. The area to be acquired cannot exceed the total net sown area of the district or state. Wasteland equivalent to twice the area acquired will be developed. 155 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Information Continuous part of the Section 11 (1), (2) & (3): Notice published in dissemination of preparation and local language and meetings called of gram preliminary participation sabahs, municipalities to provide full notice information about the purpose of the project, summary of SIA and particulars of administrator appointed for R&R’ summary of R&R scheme Updating land To be part of RAP Section 11 (5): Once established that the land records is required for public purpose, accordingly notice to be issued under section 19 following which land records to be updated within two months Census and To be part of RAP Section 16 (1) (2): carry out census of preparation of affected people and their assets to be affected, R&R schemes livelihood loss and common property to be affected; R&R scheme including time line for implementation. Information Section 16(4)&(5): mandatory to disseminate dissemination information on R&R scheme including and Public resettlement area and organize public hearing hearing - Stage on the Draft R&R scheme in each Gram III Sabha, Municipality and consultations in Consultation throughout Scheduled area as required under PESA. the process is mandatory Approval of R&R Section 17 & 18: Draft R&R Scheme to be Scheme finalized after addressing objections raised during public hearing and approved. Final declaration Approved RAP including Section 19 (2): Only after the requiring body of R&R Scheme budgetary provisions to has deposited the money will the govt issue implement it the notice along with 19(1). Time period Included in RAP - Time Section 19 (2): the entire process to update stipulated. line synchronized with land records, disseminate information, Government’s procedures preliminary survey, census, hearing of or adopts innovative objections, preparation of R&R schemes and methods to reduce the approval, deposit of money must complete time which is based within 12 months from the date on which operated on the principles section 11, the preliminary notice issued. of participation and transparency. Section 19 (7): If the final declaration not made within 12 months of section 11 (1), the 156 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas process will lapse, except under special circumstances. Preparation of Section 20: Land marked, measured for land acquisition preparation of acquisition plans. plans Hearing of claims Section 21(1) (2): Notices issued indicating govt’s intension to take possession of land, and claims on compensation and R&R can be Included in RAP. made not less than one month and not more than six month from the date of issue of section 21(1). Time period Section 25: It is required to announce the stipulated for award within 12months of issue of Section declaring the 19 (final declaration to acquire land, award approved R&R scheme) after completing land acquisition plans, hearing of objection, settling individual claims for declaration of the award. If award not made within the stipulated time, the entire proceedings will lapse. LA Act 1984 Section 24: where award is not declared deem to lapse under section 11, or where made five years and ago but land not taken in possession or where RFCTLAR&R is award declared but money not deposited in applicable the account of majority of beneficiary. Methodology for Full replacement Cost Section 26 and First Schedule: Recognizes determining 3 methods and whichever is higher will be market value for considered which will be multiplied by a factor land given in Schedule First; compensation given earlier will not be considered; if rates not available floor price can be set; steps to be taken to update the market value. Valuation of Full Replacement cost Section 29 (1) without deducting the structures depreciated value. Solatium and Section 30(1) 100% of the compensation interest amount 157 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Section 30(3): 12% per annum on the market rate from the date of notification of SIA to the date of ward or land taken over R&R Award Total cost included in Section 31, Second Schedule: A family as a RAP to resettle and unit will receive R&R grant over and above the rehabilitate the affected compensation and those who are not entitled persons and assist in to compensation. their efforts to improve their livelihoods and Second Schedule: Homeless entitled to standards of living or at constructed house, land for land in irrigation least to restore them, in projects in lieu of compensation, in case of real terms, to pre- acquisition for urbanization 20% of developed displacement levels or to land reserved for owners at a prices equal to levels prevailing prior to compensation’ jobs or one time payment or the beginning of project annuity for 20 years’ subsistence grant, implementation, transportation, land and house registered on whichever is higher joint name husband and wife, etc See Annex B. Transparency Section 37(1): Information of each individual family including loss, compensation awarded, etc will be available on the website. Possession of Taking of land and related Section 38(1): Land will be taken over by the land assets may take place government within three months of only after compensation compensation and 6 months of R&R benefits has been paid and, where disbursed; infrastructure facilities at applicable, resettlement resettlement sites will be completed within 18 sites and moving months from the date of award made under allowances have been section 30 for compensation; in case of provided to the displaced irrigation and hydel projects R&R completed persons. six months prior to submergence. Multiple Section 39: Additional compensation displacement equivalent to compensation determined will be paid to displaced Acquisition for Not permeable in bank Section 40 (5): 75% additional compensation emergency funded projects will be paid over and above the compensation purpose amount 158 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas Prior consent Mandatory to carry out Section 41(3) Mandatory to get consent from before acquisition Free, Prior, Informed Gram Sabha, Panchayat, Autonomous and alienation Consultation with Councils in Scheduled areas. Indigenous people. Development Indigenous Peoples’ Section 41: Separate development plans to plans for SC and Development plan be prepared, settle land rights before ST required along with RAP. acquisition; provision of for alternate fuel fodder, non-timber produce on forest land to Land for land for is an be developed within 5 years; 1/3rd option across all sectors. compensation amount to be paid as first instalment and rest at the time of taking possession; ST to be resettled within Scheduled area; land free of cost for community purpose; land alienation will be null and void and ST and SC considered for R&R benefits; fishing rights restored in irrigation and hydle projects; if wish to settle outside the district additional benefits to be provided in monetary terms; all rights enjoyed under other laws will continue. Second Schedule: additional provisions for SC&ST for land for land in irrigation projects, additional sum over and above the subsistence grant, Institutional Institutional arrangement Section 43-45: Appointment of administrator, arrangement must be agreed upon and R&R Commissioner, when more than 100 included in RAP, IPDP. acres of land is to be acquired, R&R Committee will be formed at project level, social audit to be carried out by Gram Sabha and Municipalities. Change of land Section 46(4): Land will not be transferred to use the requisitioning authority till R&R is not complied with in full Monitoring and Indicators and monitoring Section 48-50: Set up National and State level Evaluation system included in RAP Monitoring Committee to review and monitor and IPDP progress Authority to settle Section 51-74: the appropriate government claims shall through notification establish one or more authorities as the rehabilitation and resettlement authority. Authority will be set up 159 Resettlement Policy Framework Jal Marg Vikas Project Topics/Issues/ World Bank OP4.12 RFCTLAR&R Areas to settle any legal disputes that arise from acquisition and R&R, the aggrieved party can move to the high court thereafter. Exempt from tax Section 96: Compensation and agreements and fee will not be liable to tax and stamp duty No change in Section 99: Once the land is acquired for a status of land particular purpose, its purpose cannot be acquired changed Return of Section 101: If the acquired land remains unutilized land unutilized for 5 years, then it will be returned to original owner, heir or included in land bank Distribution of Section102: 40% of appreciated value of increased value acquired land will be distributed to owners of land provided no development has taken place. transferred Source: Compilation from Secondary Sources Table 3.4 Entitlement Matrix S. Definition of Application Entitlement Details No. Entitled Unit A. Loss of Private Agricultural, Home-Stead & Commercial Land 1 Land Titleholder Compensation a) Land for land, if available. Or, Cash family. and at Market value, compensation for the land at replacement families with Resettlement value, traditional land and which will be determined as provided under Right Rehabilitation section 26 of RFCTLARR Act 2013. as per First b) The land if allotted will be in the name of both Schedule husband and wife. c) If post acquisition, residual land is economically unviable, the land owner will have the choice of either retaining or sell off rest of the land. d) Refund of stamp duty and registration charges incurred for replacement land to be paid by the project; replacement land must be bought within a year from the date of payment of compensation to project affected persons. 160 Resettlement Policy Framework Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit e) Compensation at market value for loss of crops if any or a month’s notice f) Resettlement assistances as specified in Section E. 6 in case of relocation for loss of homestead land B. Loss of Private Structures (Residential/Commercial) 2 Structure Title Holder/ Compensation a) Cash compensation for the structure at Owner at Market value, replacement Resettlement & value which would be determined as per Rehabilitation as per Assistance as section 29 of the RFCTLARR Act 2013. per First and b) House under Indira Awas Yojna in rural second area schedule or Rs 50,000 in lieu of house under RAY in urban area or Rs 100,000 in lieu of or a constructed house in the resettlement colony. The house if allotted will be in the name of both husband and wife. c) Right to salvage material from the demolished structures. d) Three months' notice to vacate structures. e) Refund of stamp duty and registration charges for purchase of new alternative houses/shops at prevailing rates on the market value as determined in (a) above. Alternative houses/shops must be bought within a year from the date of payment of compensation. f) In case of partially affected structures and the remaining structure remains viable, additional 10% to restore the structure. In case of partially affected structures and the remaining structure becomes unviable additional 25% of compensation amount as severance allowance. 161 Resettlement Policy Framework Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit g) Each affected family that is displaced and has cattle, shall get financial assistance of Rs 25,000/- for construction of cattle shed. h) Each affected person who is a rural artisan, small trader or self-employed person and who has been displaced (in this project owner of any residential-cum commercial structure) shall get a one-time financial assistance of Rs 25,000/-for construction of working shed or shop. i) Resettlement assistances as specified in Section E. 6 in case of relocation due to loss of residential structures. 3 Structure Tenants/ Resettlement & a) Registered lessees will be entitled to an Lease Rehabilitation apportionment of the compensation payable Holders Assistance to structure owner as per applicable local laws. b) In case of tenants, three months written notice will be provided along with Rs 50,000 towards shifting allowance. C. Loss of Trees and Crops 4 Standing Owners and Compensation a) One-month advance notice to project Trees, beneficiaries at market value affected persons to harvest fruits, standing crops Crops. (Registered/ and removal of trees. Un-registered b) Compensation to be paid at the rate tenants, estimated contract by: cultivators, i) The Forest Department for timber trees leaseholders & ii) The State Agriculture Extension Department sharecroppers for crops iii) The Horticulture Department for fruit/flower bearing trees. c) Registered tenants, contract cultivators & leaseholders & sharecroppers will be eligible for compensation for trees and crops as per the agreement document between the owner and the beneficiaries. d) Un-registered tenants, contract cultivators, leaseholders & sharecroppers will be eligible for compensation for trees and crops as per mutual 162 Resettlement Policy Framework Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit understanding between the owner and the beneficiaries. D. Loss of Residential/ Commercial Structures to Non-Titled Holders 5 Structures Owners of a) Squatters/ encroachers shall be given three on Structures or months' notice to vacate occupied land Government Occupants of b) Squatters/ encroachers will be provided cash land structures assistance at replacement cost for loss of identified as structures valued as per Basic Schedule of per Project Rates (BSR). Census Survey c) All squatters/ encroachers other than Kiosks will be given shifting allowance of Rs 20,000 per family as one-time grant for a permanent structure and Rs. 15,000 for a semi-permanent structure and Rs. 10,000 for a temporary structure. d) Each affected person who is a rural artisan, small trader or self-employed person assistance' of Rs 25,000/- for construction of working shed or shop. e) In case of Kiosks, only Rs. 5000 will be paid as one-time grant. f) Training Assistance of Rs 10,000/- for income generation per family applicable for non-titleholders not covered by the RFCTLARR Act 2013. E. Loss of Livelihood and shifting assistance 6 Families Title Holders/ Resettlement & a) Subsistence allowance of Rs. 36,000 as living within sharecroppers, Rehabilitation one the affected agricultural Assistance as time grant. area labourers and per second employees schedule b) One-time grant of Rs. 500,000 or annuity in lieu of employment. c) Each affected family getting displaced shall get a one-time financial assistance of Rs 50,000 as shifting allowance. d) One-time grant of Rs. 50,000 as resettlement assistance 163 Resettlement Policy Framework Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit F. Additional Support to Vulnerable Families 7 Families SC, ST, BPL, Resettlement & One-time additional financial assistance of Rs. WHH families Rehabilitation 50,000. Assistance as Squatters and encroachers already covered per Second under clause 5 are not eligible for this Schedule assistance. G. Loss of Community Infrastructure/Common Property Resources 8 Structures & Affected Reconstruction Reconstruction of community structure and other communities of community Common property resources in consultation with resources and groups structure and the community. (e.g. land, • common water, property access to resources / structures Resettlement etc.) site development as per Schedule 3 H Temporary Impact During Construction 9 Land & Owners of land Compensation Compensation to be paid by the contractor for assets & for temporary loss of assets, crops and any other damage as temporarily Assets impact during per agreement between the 'Contractor' and the impacted construction 'Affected Party'. during e.g. diversion of construction normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site. J. Resettlement Site 10 Loss of Displaced Provision of Resettlement sites will be developed as part of residential titleholders resettlement the project, if a minimum of 25 project displaced structures and non- site/ vendor families opt for assisted resettlement. titleholders market Vulnerable PAPs will be given preference in allotment of plots/flats at the resettlement site. Plot size will be equivalent to size lost subject to a maximum of provision given in RFCTLARR Act 2013. Basic facilities shall be provided by the project at resettlement site as per the provisions 164 Resettlement Policy Framework Jal Marg Vikas Project S. Definition of Application Entitlement Details No. Entitled Unit given in the Third Schedule of RFCTLARR Act 2013. Similarly, if at least 25 displaced commercial establishments (small business enterprises) opt for shopping units, the Project Authority will develop the vendor market at suitable location in the nearby area in consultation with displaced persons. Basic facilities such as approach road, electricity connection, water and sanitation facility, will be provided in the vendor market by the project. Vulnerable PAPs will be given preference in allotment of shops in vendor market. One displaced family will be eligible for only one land plot at resettlement site or shop in the vendor market. *None of the assistances will be duplicated **Entitlement matrix applicable to identified sub project at Sahibganj only ***Other state taxes and cesses will be applicable additionally **** Compensation for unanticipated losses such as damage to fishing nets during barge operations will be made to aggrieved fishermen on incident to incident basis. PIU will determine the nature and extent of loss (and other impacts), the operator responsible shall compensate accordingly. 3.2. Definitions and Eligibility criteria for various categories of displaced persons The definitions of various terms utilized in this policy are:  Acquired land means the land acquired under Land Acquisition Act 1894 (LAA, 1894) or the RFCTLARR 2013 by the state governments for the Inland Waterways Authority of India (IWAI) Project or any other prevailing GOs.  Agricultural Land means lands being used for the purpose of (i) Agriculture or horticulture; (ii) Dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs; (iii) Raising of crops, trees, grass or garden produce; and (iv) Land used for the grazing of cattle;  Affected Area means such area as may be notified by the Government of UP for acquisition by under the LAA 1894 or RFCTLARR 2013 if the land is being acquired after January 2014.  Affected Family means (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers of artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; 165 Resettlement Policy Framework Jal Marg Vikas Project (iii), the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006 due to acquisition of land. (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boat rnen and such livelihood is affected due to acquisition of land;  Compensation refers to the amount paid as compensation under various provisions of the Land Acquisition Act 1894 or RFCTLARR 2013 if the land is being acquired after 1st January 2014, for private property, structures and other assets acquired for the project.  Cutoff Date is the date of Notification under Section 4(1) of Land Acquisition Act 1894 or Section 3 of RFCTLARR 2013 if the land is being acquired after 1st January 2014, and Socio Economic Survey date for Non-Title Holders i.e 15.11.2015.  Displaced Family means any Affected Family, (i) who on account of acquisition of land has to be relocated from the affected area; (ii) a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for the Project (iii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land in the affected area, has been involuntarily displaced from such land or other property; (iv) any agricultural or non- agricultural laborer, landless person (not having homestead land or agricultural land) rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation in the acquired land, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area  Employee means an individual engaged by a displaced commercial establishment in the Acquired Land, for compensation under a contract for employment whether oral or written, express or implied.  Encroachers are those persons who have extended their building, business premises or work places or agriculture activities into government lands. This does not include trespassers, who are liable for prosecution for illegal use of the protected land.  Land acquisition means acquisition of land under LAA 1984 or RFCTLARR 2013 where land is being acquired after 1st January 2014.  Minimum Wages means the minimum wage of a person for his/her services/labour per day as per notification published by Department of Labour of the state government where the project is located or Government of India (GoI) whichever is applicable.  Non-Perennial Crop: means any plant species, either grown naturally or through cultivation that lives for a particular harvest season and perishes with harvesting of its yields.  Notification means a notification published in the Gazette of India, or as the case may be, the Gazette of State;  Perennial Crop: means any plant species that live for years and yields its products after a certain age of maturity. 166 Resettlement Policy Framework Jal Marg Vikas Project  Rehabilitation and Resettlement (R & R) Entitlements means the benefits awarded as per the R&R Framework given in the IWAI Policy on R&R as provided in this document and adopted by IWAI.  Severance of Land means a land holding divided into two or more pieces due to acquisition of land mainly for the new project developments.  Squatter means those persons who have illegally occupied government land for residential or other purposes.  State Government/Government refers to the Government of West Bengal / Jharkhand/ Uttar Pradesh/ Bihar.  Tenants are those persons having bonafide tenancy agreements for three years prior to the acquisition of the land, with a property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. 167 Resettlement Policy Framework Jal Marg Vikas Project 4. Land Acquisition Process adopted for the Project The requirement of land acquisition and involuntary resettlement for this project is primarily for proposed interventions such as the construction of terminal facilities, and intermodal connectivity with such facilities. 4.1. Framework for Land Acquisition and Other Immovable Assets The project specific R&R policy provides two options for acquisition of land and other immovable assets. Option 1 on direct purchase and Option 2 is through RFCTLARR Act 2013. The details are given below: Option 1: Direct Purchase of land *This is applicable only for Land Acquisition in Uttar Pradesh for Phase 1(b) for rroad connectivity Under this option, following steps will be followed:  Project to identify land parcels to be purchased and owners during SIA in consultation with the local revenue officials.  List of such land owners along with intent to purchase and purpose of purchase will be forwarded to the District Magistrate. A committee will be set up as per the existing government order (GO) number 271/83 dated September 2, 2013 for direct purchase. (Applicable to UP only)  The base price of land will be as per the process mentioned in RFCTLARR Act, 2013.  The purchase committee appointed by the District Collector will finalize the purchase rate. Option II: Acquisition of private land through Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 As per option II, all private immovable assets will be acquired as per new RFCTLARR Act 2013. All eligible PAPs living within the affected area for the past 3 years will be entitled to R&R assistance over and above the compensation. Those PAPs who are not entitled for compensation (encroachers and squatters) as per the Act will get R&R benefits as per their entitlement given in project specific R&R policy. The entitlement of compensation and assistance will be extended to only those PAPs who are identified on or prior to the cut-off date. Exemption Application An Amendment Ordinance to the Right to Fair and Transparent Land Acquisition and Resettlement and Rehabilitation Act was promulgated on 3 April, 2015. The Ordinance provides exemptions for five categories of projects from the certain requirements: (i) Defense; (ii) Rural infrastructure; (iii) Affordable housing; (iv) Industrial corridors; (v) Infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land. These 5 categories of projects are exempted from the requirement of consent of 80% of land owners to be obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects as well as conducting the Social Impact Assessment through a notification. In this context the project is likely to come under category (v). Accordingly, the requirement of Social Impact assessment under chapter II section of the RFCTLARR 2013 for the sub project in Sahibganj, this Project was 168 Resettlement Policy Framework Jal Marg Vikas Project exempted as per rule 5 of the Jharkhand State Rules on RFCTLARR Act 2013 (A copy of the order is at annexure 1). However, an SIA was undertaken, following best practices, as per the World Bank requirements and a Resettlement Action Plan has been prepared for the area notified by the district authorities in consideration of the applicable national laws and rules. 4.2. Process flow for LA and R&R 4.2.1. Requisitioning of Land by IWAI: The proposal for acquisition of any private land will be made in the formats prescribed by the enacted rules of the concerned State Governments on the RFCTLARR ACT 2013. These formats will include khatiyan lists, khasra maps, along with the details area of land to be acquired. 4.2.2. Appointment of ‘Administrator’ for R&R: As per Section 2 of the RFCTLARR Act 2013, the appropriate government (concerned state governments) will acquire land on behalf of other ‘requiring body’. An officer appointed as the administrator will be responsible for the purpose of Rehabilitation and Resettlement as per Section 43 of the RFCTLARR Act 2013. An officer not below the rank of Collector, additional Collector or Deputy Collector or any other officer of an equivalent rank is appointed as the ‘Administrator’. 4.2.3. Notification, declaration and preparation of award: Upon receiving the requisition application, the concerned State Government will conduct a Social Impact Assessment as per Chapter 2 of the RFCTLARR Act 2013 unless exempted as per procedures established in the state rules for RFCTLARR 2013. Upon completion of the assessment the ‘Administrator’ appointed by the concerned government shall issue preliminary notifications (as per Section 11 (1)), declarations (as per Section 19 (1) for the land to be acquired. A demand is prepared by the District Administration as per rules framed by the concerned state government under the Sections 26,27,282,29,30 of the RFCTLARR Act 2013. The R&R award list and scheme is prepared on the basis of the census and survey undertaken by the District Administration and after valuation of the assets affected is completed. The R&R scheme and award is forwarded to the R&R commissioner appointed for the state. If the State Government is satisfied with the Scheme, the District Administration may issue declaration as per Section 19 (1). The requiring body deposits the (full or part) amount prior to the declaration to enable the concerned State Government to make the declaration. 4.2.4. Method of valuation of project affected assets The valuation method and basis for the compensation for LA will be done as per the norms stipulated in Sections 26, 27,28, 29 , 30 and First Schedule of the RFCTLARR Act 2013. Valuation method for compensation for Land and Structures and Trees  Valuation of Land o The valuation of land is carried out as per the state rules on the RFCTLARR 2013 (Section 26 27,28,29,30). The compensation value of land is two times the circle rate with a top up of 100 percent solatium. The rates considered will be as per the updated circle rates of the District Administration. 169 Resettlement Policy Framework Jal Marg Vikas Project  Valuation of Structure o The valuation of structures is calculated as per latest Basic Schedule of Rates (PWD) (last updated) and the valuation of structure is being done without depreciation, taking 100 percent solatium.  Valuation of trees o A Valuation Committee, with representation from the Forest Department for timber trees and the Horticulture Department (District Administration) for fruit/flower bearing trees, is responsible for valuation and enumeration of trees under rules applicable in Section 29 of the RFCTLARR Act 2013. 4.2.5 Disbursement process Once the R&R scheme is approved by the appropriate government, the District Administration issues notices to titleholders losing land, trees and structures through camps in the affected area. The disbursement of assistances and compensation may happen in camps or at the District Administration’s office, where in documentation of the PAFs is examined and assistances and compensation is deposited as cheques or deposited in individual accounts. The collector shall take possession of the land once all monetary disbursements are fully completed and the collector will be responsible for ensuring that the rehabilitation and resettlement process is complete before the displacement of the population as per Section 37 of the RFCTLARR Act 2013. 4.2.6 Construction of Resettlement Colony The Collector is also responsible for ensuring the construction and development of resettlement colony with infrastructural facilities provided in Third Schedule of the RFCTLARR Act 2013. The District Administration is responsible for holding necessary consultations with the affected families in identifying suitable resettlement sites. The resettlement colony developed at the site will have houses developed as per the requirements of the Third Schedule of RFCTLARR Act 2013. The design of the houses to be provided includes one bedroom, a living room, kitchen and toilet cum bathroom (Indira Awas Yojna specifications). Total carpet area of each dwelling will be within 50 square meter. It will be constructed as per the design specifications developed by PWD (Buildings). The PWD, building division at the district level lays out the construction plan and the colony. The construction is done through an open bid method under the direct supervision of the District Administration. 170 Resettlement Policy Framework Jal Marg Vikas Project 5. Implementing Processes and arrangements The implementation of RAP is the responsibility of the Implementation Agency (IWAI) along with the concerned line (revenue) departments of the State Governments. A Social Development Specialist at PMU will be responsible for overall coordination of the implementation of SIMP/RAP. The Social Officer at the Project Implementation UnitS at the regional office will coordinate field level activities. At Sahibganj, as per the Section 43 of RFCTLARR Act 2013, Additional collector has been designated as ‘Administrator’ of R&R. The District Land Acquisition Officer (DLAO) will be the nodal officer primarily responsible for conducting the proceedings as per the requirements of the RFCTLARR Act 2013. An officer in charge cum Resettlement Officer will be deputed for liasing with the District Administration for all LA and RR activities. The role of the key persons in the implantation of the Resettlement Action Plan and Social Impact Mitigation Plan are as follows: 5.1. District Land Acquisition Officer  DLAO is responsible for ensuring the publication of notifications and declaration specified under the Sections 11 and 19 of the RFCTLARR Act 2013 on behalf of the Additional Collector.  Preparation of the Award  Determination of the value of the affected structures  Disbursement of the compensation  Identification of land for resettlement and construction of the resettlement colony 5.2. Social Development Specialist Role of the Social Development Specialist at the PMU includes:  Ensuring the preparation of the RAP and its timely disclosure  Ensure consultation and stakeholder participation in the preparation of RAP.  Guide and monitor the RAP implementation team for resettlement and rehabilitation and initiatives planned under labour, safety and health measures.  Coordinate with stakeholders on a regular basis and undertake field visits and consultations with PAPs for first-hand information.  Compile data related to resettlement and rehabilitation activities received from the PIU and the RO/ officers  Review Monthly and Quarterly reports and communicate the progress to the World Bank and other government stakeholders.  Facilitate necessary support to the Resettlement Officer and PIUs regarding the LA issues.  Aid the Project Director in providing the necessary information 5.3. Officer- in-charge cum Resettlement Officer An officer of IWAI from the regional directorate will be responsible for co-ordination among different agencies, such as the contractor, District Administration and other departments in 171 Resettlement Policy Framework Jal Marg Vikas Project the regional office for LA & RR issues including transfer of titles, assisting in collecting the documents of PAFs. The officer will represent IWAI in public meetings. 5.4. Social Officer at PIU The role of the social officer at the Project Implementation Unit includes:  Coordinate the implementation process with the assistance of PIU and RAP implementation team.  Coordination and close interaction with the state authorities during the preparation and implementation of the RAP.  Conduct constant dialogue and regular meetings with the concerned State Authorities during the implementation and assist the Officer-in-charge cum Resettlement Officer.  Participate in issues concerning with APs  Coordinate the RAP implementation with the displaced community  Monthly review and Monitoring of the implementation process and incorporation of corrective measures if required  Assist PAPs in registering of their grievances through the help-line  Function till the completion of implementation of RAP, preparation and evaluation of the implemented RAP. 5.5. RAP implementation Team For the further support on management of safeguards and other social issues, a RAP implementation team will be engaged. The team consisting of Land Acquisition Facilitator, Livelihood expert, and MIS expert will carry out consultations with the affected community; verification of affected families and will prepare micro plans. The team will also be responsible for geo tagging and updating of the geo tagged information on a GIS map. The other activities to be carried out by the team includes preparation and distribution of identify cards for every individual PAF, opening of joint bank accounts, disbursement of assistance, counsel for the productive use of assistance amounts, monitor the use of assistances, planning for relocation of displaced households, allotment of houses, and coordinate the entire shifting process. A livelihood expert will be responsible for assessing training needs, awareness creation, coordination between implementing agencies etc, The tasks of the implementation team for the whole project will be as follows:  Develop rapport with APs and between APs and Project staff  Verification of APs and geo tagging the information, and uploading it on a MIS platform.  Consultations with the local community during the implementation of the RAP  Preparation of micro plan and assist the APs in receiving the rehabilitation assistance  Preparation and distribution of ID cards  Motivate and guide PAP for productive utilization of the compensation and assistance amounts  Assist the APs in getting benefits from the appropriate local development schemes  Assist IWAI in Planning for relocation of displaced households, allotment of houses, and coordinate the entire shifting process  Forward the grievances of the APs to the grievance redressal mechanism through the phone line or registration on website. 172 Resettlement Policy Framework Jal Marg Vikas Project  Assess the level of skills and identify needs training needs and organize training programs  Participate in the monthly review meetings with the Social Officer and Displaced community  Carry out other responsibilities as required from time to time specified by the regional director. 5.6. Contractor The contractor will be responsible for the following activities: 1. Complying by all labour laws including the norms regarding child labour, proper scheduling of works to ensure the protection of women. 2. Participating and facilitating awareness of HIV/ AIDS in the campsites 3. Assisting in responding to queries and issues raised through the grievance redress mechanism, and assist PIU in responding to the queries. 4. Follow the instructions of the regional directorate and PIU 5.7. Technical Supervision Consultants 1. External monitoring during implementation 2. Support and guide the implementation and compliance on safeguards 3. Documentation of various processes related to the implementation of RAP 4. Sensitize and help build capacity of the IWAI officials towards the implementation of the RAP provisions. 5. Assist Social Officer of PIU in preparing monthly progress and quarterly process documentation reports Inland Waterways Authority of India Implementation Structure for RAP/SMP Project Director PMU (NW1) Project Management Unit (NW1) PMC (NW1) Regional Director 1 Regional Director 2 Patna (Cluster 1) Kolkata (Cluster 2) Resident Engineer Resident Cluster 2 Engineer Office I/C cum RO Office I/C cum RO Office I/C cum RO Office I/C cum RO Cluster 1 (Varanasi) (Sahibganj) Assistant Director Assistant Director Assistant Director Assistant Director Social Officer Cluster 2 Social Officer Cluster 1 Project Implementation Unit RAP Project Implementation Unit Implementation Team Figure 5.1 : Organisation Chart for RAP implementation 173 Resettlement Policy Framework Jal Marg Vikas Project 174 Resettlement Policy Framework Jal Marg Vikas Project 6. Grievance Redress Mechanism Project related grievances broadly relating to matters pertaining to resettlement and rehabilitation, grievances pertaining to construction-induced impacts, grievances pertaining to environmental issues around project sites etc are anticipated in course of the project implementation. The state government as per the Section 51 – 67 of RFCT LARR Act 2013 delineates the responsibilities of the state government in terms of establishing a Rehabilitation & Resettlement Authority and in determining the collector’s responsibility in disputes arising because of disbursement of compensation and R&R assistances. Section 60 of the said Act delineates that the R&R Authority will have the same powers as that of a civil court under Code of Civil Procedure 1908 in matters pertaining to land acquisition. The R&R authority is the designated authority to handle any disputes and grievances related to land acquisition and relocation. This provision is applicable for all sub projects where private land is acquired. A centralised grievance public grievance mechanism common online portal hosted by the Department of Administrative reforms and Public Grievances (DARPG), GOI is the established and functional grievance redress mechanism appropriated by IWAI. Citizens and aggrieved parties can lodge a complaint or a grievance to be redressed by IWAI and the JMVP through the CPGRAM online portal. 6.1. Lodging a complaint on CPGRAM: A complainant can lodge a grievance on the CPGRAM website (accessible at : www.pgportal.gov.in) under the option of ‘public grievance’. Upon lodging a complaint, the complainant receives a registration number. Complainants are also provided with an option of filling out a reminder form and can view the status of their complaint with the registration number on the website itself. 6.2. Processing the complainant: Once the complaint is lodged, the complaint is processed by the DARPG and is internally assigned to the concerned parent administrative ministry (in this case the ministry of Shipping) through the in- built features of the portal. The concerned ministry shall forward the grievance to the subordinate department (in this case IWAI) . Email notifications with timelines are also intimated to the concerned department, which has a nodal officer to address the grievances. 6.3. Nodal officer for grievance redress at IWAI: Once each complaint is received by IWAI, the Secretary, IWAI, the nodal officer, will mark any project related grievance to the Project Director , JMVP for submitting a reply with 15 days. Each grievance will be processed by the establishment section and Secretary IWAI will be the concerned officer for the monitoring of grievance redressal. 6.4. Redress of Project Related grievances: In case of project related grievances, complaints will be forwarded by the Social Specialist PMU on behalf of the Project Director to the concerned field units / PIUs . Replies for 175 Resettlement Policy Framework Jal Marg Vikas Project complaints pertaining to construction induced impact at project sites will be addressed by the Resident Engineer, PIU (Patna /Kolkata) and replies to complaints pertaining to R&R issues will be addressed by Social Officer, PIU (Patna/ Kolkata). In case of any dispute pertaining to R&R measures or compensation, the Social Officer will prepare the reply in consultation with R&R authority and the District Administration. Once replies are received the Project Director will mark the grievance to Secretary, IWAI who shall then upload the reply on the portal. Intimation will be provided to the complainant via email/ post as is preferred by the latter. Documentation of all grievances resolved and pending will be maintained by the specialist, Social development, PMU. The monitoring indicator in terms of the number (%) of grievances Responded and / resolved within the stipulated service standard for response times will be submitted in the monthly reports. 6.5. In case of non-resolution: Reminders from the parent administrative ministry will be issued in case of pendency of complaints. The grievances will be tracked and monitored by the coordination section of the parent ministry. 6.6. Timelines: A grievance should be redressed within 2 months (as per the current guidelines of the DARPG) of its receipt. An interim reply is to be submitted in case the time taken to address the complaint may be longer than 2 months. 6.7. Extension of the existing system and linking with phone based registration of complaints: Linking and augmenting the existing provisions in the portal with a phone based recording and registration of complaints will be undertaken by IWAI in consultation and with the National Information Centre (NIC) subject to necessary clearances and approvals. The work flow of the mechanism is further elaborated below. 6.8. Process Flow of Grievance Redressal mechanism through toll free number A dedicated phone line shall be established which shall be operational for 8 hours everyday. The dedicated phone line will be operated by a GR officer at the PMU level and the PIU social officers being the Nodal Officers for resolving each complaint.The grievance redress mechanism will be planned around the following process flow. Step 1 : Grievance is received by the redressal officer and the officer will enter the details of the complainant as a new caller. Step 2 : A confirmation will be sent through auto generated SMS, with a reference number to the person registering the complaint. Provision may be made for providing a token number to the complainant , to help the complainant track the grievance. 176 Resettlement Policy Framework Jal Marg Vikas Project Step 3 : The two nodal officers for handling each grievance will be the PIU officer (Patna and Kolkata). The following representatives will be provided access to the software and will be linked to the monitoring dashboard to handle any escalation of complaint. a. Social Specialist, PMU. b. Land acquisition facilitator – R&R and compensation related c. Resident engineer - (Patna, Kolkata) – technical d. Project Manager ( cases of escalation) e. Project Director (cases of escalation) Step 4 - Once the complaint is registered, the PIU officer will receive an SMS notification, with a deadline of 21 days to resolve the grievance. The PIU officer will have the option of choosing the following actions. a) View (Complaint will be viewed) b) Action (what are the actions that have been taken to resolve the complaint) c) Assign / forward (the action will be forwarded) d) Escalate (The complaint will be escalated to officials) Step 5 - Type of Grievances and persons who will handle: Once the PIU officer ascertains the nature of the complaint, the officer will take the following action: R&R: In case of any grievance related to resettlement and rehabilitation and land acquisition, the land acquisition facilitator will be responsible addressing complaints pertaining to grievances relating to the acquisition of land. The PIU officer will assign and forward the queries to the land acquisition facilitator As the grievance redress function of the State government relating to compensation and land acquisition is mentioned in section 51-67 of the LARR Act 2013, the Land acquisition facilitator shall review each request and provide input in consultation with the district officials for any action pertaining to R&R. Construction induced impact and Environment Health Safety: the Resident engineer (Patna / Kolkata) will address Grievances pertaining to problems induced during construction. A window of 14 days will be provided to the officers concerned to resolve the issue and submit their responses. In case of non-response, SMS alert will be issued to remind the officers about the action pending. Step 6 - Taking Action: The action taken on the basis of the consultation with the district administration will then be filled out in the action section in the dash board by the PIU social officer/ land acquisition facilitator. Step 7 - Resolving the grievance: Once the grievance is addressed and updated information is placed in the software, the grievance is labelled as resolved. An SMS will be accordingly issued to the complainant. If any grievance is not resolved within 21 days an SMS alert will be issued to the officer above (refer the hierarchy of GRM given below) the concerned officer tackling the grievance. 177 Resettlement Policy Framework Jal Marg Vikas Project For instance, the PIU officer does not respond within 21 days , an SMS alert will be forwarded to the Social Specialist, PMU. Further to this , if the social specialist is unable to respond within 21 days, , an SMS will be forwarded to Project Manager, PMU, and upon the non-response of the same , it will be forwarded to the Project Director. Step 8 - Non resolution of grievance at any level: In case of non- resolution of the grievance due to the problem being beyond the jurisdiction of the concerned officer, the said officer may escalate the issue in the following hierarchy until step 6 and 7 are achieved: Project Director, PMU, Project JMVP Manager, PMU, Specialist JMVP (Social Social Officers Development), (Kolkata and PMU Land Patna) , PIU Acquisition Faciliatator Hierarchy of escalation of complaint 178 Resettlement Policy Framework Jal Marg Vikas Project Process flow of GRM. 179 Resettlement Policy Framework Jal Marg Vikas Project 7. Aligning of civil works with the R&R implementation In compliance with the RFTCLARR Act 2013, no structures shall be disturbed until the PAFs have received the entitlements. Construction activities on government land may however, commence after receiving a no objection from the District Collector. Three months’ notice will be given to PAFs to vacate their residences and PAFs will be informed accordingly. An implementation schedule with the tentative resettlement milestones will be a part of the RAP and the schedule (see format given below) will be closely followed up with District Administration in an effort to align the resettlement activities with the construction schedule. Table 7.1 Sample Schedule of Relocation plan Sl. No. Relocation Task/Activities Time schedule 1 Tentative Start of Construction of Relocation Colony 2 Notice to PAPs and consultation for their relocation 3 Completion of Construction of houses 4 Shifting of PAPs 5 Completion of construction of full colony and shifting of all PAPs 180 Resettlement Policy Framework Jal Marg Vikas Project 8. Monitoring Arrangements The IA will be responsible for carrying out Monitoring and Evaluation throughout the project cycle. Internal monitoring including process monitoring will be carried out by the Social Specialist at the PMU level with the assistance from Social Officer at the PIU level and RAP implementation team and external monitoring and evaluation will be carried by a third party. The IA shall engage services of an external agency (third party) to carry out monitoring and evaluation to help monitor project activities closely. Regular monitoring by undertaking site visits will help identify potential difficulties and problems faced in the project implementation and subsequently help take timely corrective measures, if needed. Monitoring will start as soon as the RAP implementation team is mobilized at site for implementation of RAP. Components of monitoring will include performance monitoring i.e., physical progress of the work such as construction of houses in relocation site, provision of basic amenities, relocation of displaced households, etc. and impact monitoring, process monitoring such as grievances redress mechanism. Indicators that would be monitored related to performance are provided in the following sections. However, if during the project implementation some other indicators are found relevant, those shall be included as well. 8.1. Internal Monitoring The IA is responsible for internal monitoring on regular basis with the help of social specialist of the PMU, PIU and the support of the safeguards specialist of the supervision consultant. Apart from the monthly reports submitted by the Implementation team, a quarterly report of internal monitoring will be prepared by Social Officer, PIU. IA will follow the disbursement process of the District officials closely track all transactions in their resettlement database, followed by entitlement records signed by the affected persons and survey based monitoring of resettlement progress. The internal monitoring will also provide feedback on community concerns, grievances and requests. Internal monitoring will focus and ensure the following:  Verification that there are no outstanding or unresolved issues with respect to the property valuation and economic rehabilitation in accordance with the provision of the award list prepared and disbursed by the District authorities.  Information campaign, discrimination and consultation with affected persons,  Status of relocation and timely disbursement of R&R assistance,  Value of entitlement received equal to that of actual structure acquired,  Use of entitlement and monitor its use,  Compensation for affected structures and other assets,  Payments for loss of income,  Relocation of affected persons and supports provided,  Implementation of economic rehabilitation and income restoration measures as per the entitlement matrix,  Effective operation of the Grievance Redress Mechanism detailing out number of complaints received and those resolved; reasons for delay in resolution, status of unresolved grievances, and 181 Resettlement Policy Framework Jal Marg Vikas Project  Funds for implementing economic rehabilitation activities as timely manner and sufficient for the purposes and spent in accordance with the plan. The following table 8.1 details the frameworks for internal monitoring and table 8.2 contains details of these indicators Table 8.1 : Frameworks for Internal Monitoring Type Indicators Issue Procedure Timing Responsibility Grievances: Number (%) Responded and / resolved within the stipulated service standard Reports generated Monthly for response by the MIS software Quarterly times. on cases open and PIU/ External (Citizen’s closed and analysed Consultant engageme Citizen’s the types of nt) engagement grievances Published reports on effect of collaboration on project (Yes/no) Process level monitoring RAP implementatio Status of n disbursement of R&R assistances (verification of Verification and PAPs, examination of preparation of district records and Identity (ID) discussions with cards; PAPs, geo tagged PIU / External preparation of information on the Monthly Consultant micro plan, status of Number of disbursement will be displaced simultaneously persons uploaded on GIS Resettled, map. implementation of community awareness . HIV awareness, consultation 182 Resettlement Policy Framework Jal Marg Vikas Project process, distribution of assistance, etc. no. of trainings held for income enhancement Use of health and safety measures, Compliance of labour laws including (I) Equal Wages (ii) Violation of laws pertaining to child labour (iii) Sexual Site observation, Harassment at checking of rosters camp site and PIU/External interaction with Monthly construction site Consultant labourers, (iv) Proper work contractors timings for women (v) Smooth functioning of day care centre (vi) Facilities in health care, sanitation provided at the site Consultations: Number of consultations held on livelihood enhancement and counselling Records and PIU/ External for effective use submitted transcripts Quarterly Consultant of assistances of consultations and quality of consultations, follow up with issues raised, equal participation of 183 Resettlement Policy Framework Jal Marg Vikas Project women in consultations. Process efficiency: Observation of Adequacy of staff disbursement employed, time process, and lag in the delivery PIU/ External documents Monthly of compensations consultant pertaining to the by the district distribution of government, compensation. process of handling conflicts. Restoration of Observation, PIU/ External livelihood Quarterly ,Survey, photograph consultant standards Discuss and assess records of trainings held with local No. of trainings people, health conducted on workers/ health post/ PIU /External income centre records and Annually consultant generation or HIV the training institutes AIDS etc engaged for the conducting training livelihood enhancement. Change in household Survey and level Changes in PIU/ External Consultation with Annually income and occupation, consultant relocated PAPs economic Impact level activities Police records, State of social consultation with harmony and relocated PAPs, Social PIU / External social security in PIU’s progress Annually safety consultant the resettled report, report areas submitted by M&E Consultants 184 Resettlement Policy Framework Jal Marg Vikas Project 9. Cost and funding arrangements for R&R implementation 9.1 Sources of Funds and Flow of Funds  Provisions in the appropriate budget heads in the demands for grants of the Ministry of Shipping towards land acquisition and Resettlement and Rehabilitation implementation will be made each year of the project period. Corresponding provisions in the allocation for Jal Marg Vikas Project will also be made by IWAI. On passing the finance bill by the Parliament, funds will be transferred to the IWAI for meeting the cost on land acquisition and R&R implementation.  IWAI is the ‘requiring body’ for land acquisition as per section 3 (zb) of the RFCTLARR Act 2013.  The ‘Administrator’ under the RFCTLARR Act 2013 for Land acquisition, preparation of R&R plan and cost estimate, disbursements, monitoring etc. is the State Government.  State Government concerned will send a demand to IWAI for deposit of moneys to be disbursed as per the Sections 26,27, 28,29, 30, 31,32 and Schedules First, Second and Third of the said Act.  On receipt of such a demand, the same will be examined, verified and if necessary got modified from the State Government concerned and payment made to the State Government in the designated account. Thereafter, it is the responsibility of the ‘Administrator’ to disburse the eligible amounts amongst the project affected families.  The Project Management unit will liase, with the State Government for ensuring timely and appropriate disbursement.  If land is purchased from another government authority, the valuation of land is done at existing circle rates and land is transferred through a title change. The cost will be met through the fund allocations to the IWAI.  All costs pertaining to land Acquisition and R&R will be borne by IWAI 9.2 Implementation cost estimates for the Project In order to implement the RAP, certain costs have been estimated for purchasing and acquiring land, augmenting the institutional arrangements, and implementing mitigation measures indicated in the RAP under Gender Development plan and in the labour health and safety section. Cost head of SMP (Social Management Plan) includes provisioning for implementing the components specified in the gender development plan, HIV awareness and IEC material. Component wise cost estimates are indicated below. The same have been incorporated in the project costs: S. No. Component Estimated Cost in Remarks crores I. Land Acquisition a. MMT at Varanasi (including allied facilities) Cost of LA 10 Cost of R&R, 0.02 Cost of Gender development Plan and 0.03 HIV Awareness 185 Resettlement Policy Framework Jal Marg Vikas Project b. MMT at Sahibganj (including allied facilities) Cost of LA 187 (including R&R Cost based on Cost of R&R as per provisions of demand presented RFCTLARR Act by State 2013) Government and approved by Standing Finance Committee for 78.91 Ha. c. Multimodal Terminal at Haldia Cost of LA (Transfer) 44.98 Cost of SMP 0.02 Cost of Gender development Plan and 0.03 HIV Awareness d. New Navigational Lock at Farakka Cost of LA 2.35 Cost of SMP 0.02 Cost of Gender development Plan and 0.03 HIV Awareness e. IWT terminals at Kalughat & Ghazipur and Kalyani 15.10 Land requirement has not been finalised and requisition not made to the State Government f. 5 Ro- Ro terminal pairs 15.10 Locations and Land requirement has not been finalised and requisition not made to the State Government. Total Cost towards Land Acquisition and 274.68 crores SIMP II RAP implementation support 1.00 Including consultancies / team consultancies for MIS / external audits / augmentation of GRM/ hiring of LA facilitator, MIS expert and Livelihood specialist and minor costs on preparation of IEC 186 Resettlement Policy Framework Jal Marg Vikas Project materials and consultations. Total of I, II 275.68 187 Resettlement Policy Framework Jal Marg Vikas Project 10. Citizen’s Engagement Mechanism 10.1. Feedback mechanisms Feedback is received currently through a module available in the IWAI website (accessible at http://iwai.nic.in/). Options are available for submitting feedback (seeking replies) and suggestions through the options in the module. The feedback received is currently monitored by the EDP Wing of IWAI and Secretary, IWAI is the nodal officer for processing feedback received through the module. A separate website for JMVP is being planned which will make accessible various reports, new, and updates and status of various sub projects. Citizens can access important notices on tenders, MOUs, consultancies engaged etc. In addition to this, minutes and highlights of stakeholder consultations will be available on the website. A separate feedback module will be present on the website containing options for queries and comments and the feedback received will be monitored by the communication team at the PMU. In addition, the project proposes to engage with wider stakeholder through consultations during the project cycle, which is given below: 10.2. Plan for consultations Public Consultations will be held at three stages  Project preparation  Project implementation  Post implementation The Project will coordinate with the District Administration and other Developmental agencies to strengthen the socio-economic development of displaced and vulnerable families through constant engagement and consultations. To ensure effective communication with the stake holders during Project implementation and to enhance the project outcomes, the project will adopt following strategies.  To ensure the positive public behavior, communication and consultations will be facilitated to link the affected families with other development programmes particularly those pertaining to skill development and livelihood generation further to Mainstream their skill needs through constant engagement with affected families  Awareness campaigns related to construction induced impacts shall be regular activities during the project implementation.  Feedback registers and suggestion boxes will be maintained at the site offices and important numbers of nodal project officers and concerned TSSC personnel will be displayed at prominent locations on the site. Consultations will be documented and reports uploaded on IWAI website. Published reports on effect of collaboration on project will serve as a monitoring indicator. A detailed action plan for consultations for citizen’s engagement is detailed in the Table below : 188 Resettlement Policy Framework Jal Marg Vikas Project Stakeholder type Timelines Methods and themes of engagement Project Affected During R&R Livelihood Expert will conduct monthly counselling Families Disbursement: sessions with sets of affected persons , identifying Women , FGDs for livelihood their skill needs and advising them on the alternate vulnerable counselling ( once livelihood options. Information about nearest Kaushal groups and every month) Vikas Kendras, information on procedures of affected families enrolment in these Kendras etc maybe be provided losing land and during these group discussions. any source of livelihood Project Affected During During relocation, FGDs shall be conducted for Families Relocation: 2 facilitating smooth transitioning of PAFs into times within 3 resettlement colony. The consultations will aim at months. advising the PAFs to set up Welfare associations and understand various concerns and problems faced during the relocation and finding strategies of resolving them. Panchayat heads will be involved in the mobilisation and organisation of the camps at locations convenient for the PAFs Fishermen Assessment of FGDs will be conducted to understand and assess if communities impacts during any impact on fish catch and discuss possible around project implementation mitigation strategies. sites phase :6 months During operation stage: consultations for During operation dissemination of information on barge movement and stage: Vessel traffic sensitisation of the navigation channel shall be and management planned. strategies at sensitive locations Barge Operators/ Every 6 months Consultations and workshops will be conducted with Vessel Owners / shippers, barge owners and dredgers for planning Dredgers strategies of increased market response and familiarity to the project, Safegaurd provisions, understanding their constraints in operation and assessing institutional capacity in addressing those constrains. NGOs and Every 6 months Consultations with the prominent NGOs in linking empaneled NGOs affected families to various government schemes. with NACO Enhancing opportunities of health and sanitation in the affected area and spreading HIV awareness sessions through empanelled NGOs. NGOs empanelled with NACO shall be invited to organise awareness camps at the construction sites. Communities Every 6 months To enhance the project’s response to local needs and around the understand how best to address community needs, planned facilities consultations shall be organised with the support of local panchayat offices. 189 Resettlement Policy Framework Jal Marg Vikas Project Annexure - A: Designs of Varanasi, Sahibganj, Haldia and Farakka 190 Resettlement Policy Framework Jal Marg Vikas Project 191 Resettlement Policy Framework Jal Marg Vikas Project 192 Resettlement Policy Framework Jal Marg Vikas Project 193 Resettlement Policy Framework Jal Marg Vikas Project Annexure - B : First , Second and Third Schedule of RFCTLARR Act 2013 194 Resettlement Policy Framework Jal Marg Vikas Project 195 Resettlement Policy Framework Jal Marg Vikas Project 196 Resettlement Policy Framework Jal Marg Vikas Project 197 Resettlement Policy Framework Jal Marg Vikas Project 198 Resettlement Policy Framework Jal Marg Vikas Project 199 Resettlement Policy Framework Jal Marg Vikas Project 200 Resettlement Policy Framework Jal Marg Vikas Project 201 Resettlement Policy Framework Jal Marg Vikas Project 202