FINAL GOVERNMENT OF KERALA RESETTLEMENT POLICY FRAMEWORK – TRIBAL DEVELOPMENT FRAMEWORK (RPF-TDF) for RESTRUCTURED PROJECT KERALA STATE ROADS TRANSPORT PROJECT II LOCAL SELF GOVERNMENT June 20, 2019 1.0 INTRODUCTION 1. Kerala, a southwestern coastal state of India, is flanked by the Arabian Sea on the west and the Western Ghats mountains on the east. The state stretches north-south along a coastline of 580 km with a varying width of 35 to 120 km. The terrain divides the State east through west into three distinct regions- hills and valleys, midland and plains and coastal region. The eastern edge, along the Ghats, comprises steep mountains and valleys, covered with dense forests. There are 44 rivers in the state, all of which originate in the Western Ghats, of which 41 flow towards the west into the Arabian Sea and the 3 east flowing rivers form tributaries of the river Cauvery in the neighboring States. The backwaters are a peculiar feature of the State. Canals link the lakes and backwaters to facilitate an uninterrupted inland water navigation system from Thiruvananthapuram to Vadakara, distance of 450 km. 2. Kerala consists of 14 Districts, 21 Revenue divisions, 75 Taluks, 152 Block Panchayats, 941 Gram Panchayats, 87 Municipalities, 6 Corporations, and 1664 Villages. Located between 8°18'N and 12°48'N latitude and 74°52'E & 77°22'E longitude, the State of Kerala encompasses 1.18% of the country, and holds 3.44% of India’s population. With a population of 33,406,061 at 860 persons per km2, it is nearly three times densely populated compared to the rest of India. Kerala is also experiencing a rapid rise in the percentage of the aged population (above 60 years).1 3. Kerala's human development indices (HDIs) — primary education, health care and elimination of poverty—are among the best in India. The state has one of the highest literacy rates (94.0%) and life expectancy (74.9 years2) among Indian states. Kerala has also made an extensive stride in reducing both rural and urban poverty. From 1973-74 to 2011-12, rural and urban poverty ratio declined from 59.19 per cent to 7.3 per cent and from 62.74 per cent to 15.3 percent respectively, whereas in India these figures declined from 56.44 per cent to 30.9 per cent for rural and 49.01 per cent to 26.4 percent for urban 3. Per Capita GSDP at Current Prices INR 179,778 (USD 2481.58) is above the Indian average. Kerala's economy largely depends on emigrants working in foreign countries (mainly in the Gulf countries) and the remittances annually contribute more than a fifth of the GSDP. The service sector (including tourism, public administration, banking and finance, transportation, and communications), agricultural and fishing industries dominate the economy. 1 Kerala Department of Economics and Statistics Website, Basic Statistics, Last updated Jan 23, 2018 http://www.ecostat.kerala.gov.in/index.php/geography 2Abridged Life Tables 2010-2014, Office of the Registrar General & Census Commissioner, India pg. 5 http://www.censusindia.gov.in/Vital_Statistics/SRS_Life_Table/2.Analysis_2010-14.pdf 3 Kerala State Planning Board, Economic Review 2016, Macro Economic Profile http://spb.kerala.gov.in/EconomicReview2016/web/chapter01_04.php 1 Figure 1: Administrative Boundaries of Kerala Source: Kerala Administrative Divisions, Kerala State Commission for Minorities http://www.kscminorities.org/pdf/Kerala_Administrative_Divisions.pdf 2 Vulnerability to Natural Disasters4 4. Kerala’s geographical location, weather pattern and high population density make it prone to severe natural as well as human-induced disasters. HDIs being a composite index of consumption rate, education and health, is an indicator of the socio-economic vulnerability of the population. The higher the HDI, the higher is the coping capacity, but greater is the cumulative loss potential and degree of risk. Thus, Kerala has higher level of disaster risks as compared to the rest of the country. Additionally, Kerala is prone to a host of natural hazards such as cyclone, monsoon storm surge, coastal erosion, sea level rise, tsunami, flood, drought, lightning, landslide (debris flows), land subsidence (due to tunnel erosion or soil piping), and earthquake. The Disaster: Rainfall of Monsoon 2018 Kerala received 2346.6 mm of rainfall from 1 June 2018 to 19 August 2018 in contrast to an expected 1649.5 mm of rainfall (IMD data). This rainfall was about 42% above the normal. Further, the rainfall over Kerala during June, July and 1st to the 19th of August was 15%, 18% and 164% respectively, above normal. Thirty- five dams across the state were opened to release flood runoff. All five overflow gates of the Idukki Dam were opened, for the first time in 26 years. Heavy rains in Wayanad and Idukki caused severe landslides. A total of 498 casualties have been reported so far with over 1.4 million affected people taking shelter in relief camps, during this period. Preliminary estimates of damages provided by Government of Kerala (GoK) were in the range of INR 19,512 Cr. (USD 2.8 billion). According to the Additional Memorandum submitted by the State of Kerala to the Government of India on September 13, 2018, between August 1 – 31, 59,345 ha of agricultural land was affected, 40,188 large animals and 751,303 birds perished, 9,538 km of roads were impacted, and 605,675 individuals were directly affected. Thus, the total claim of the state was revised with an increase of INR 4796.35 crores. Sector Context The roads/highways are the dominant mode of transport in Kerala with about 75 percent of freight and 85 percent of passenger share. Kerala has a dense road network, roughly three times the national average. Of the 152,000 km of road network in the state, the primary road network, which carries about 80 percent of road traffic and the mainstay of economic activities, includes about 1,500 km of national highways (NH), about 4,300 km of state highways (SH) and 28,300 km of major district roads (MDR). The SH and MDR networks are primarily managed by the Roads and Buildings (R&BD) wings of the Public Works Department, while the National Highways are managed jointly by NHAI and Ministry of Road Transport Highways through the NH unit of the R&BD. Flood Impact Based on the primary and secondary data collected by the R&BD, about 2,004 km of SH and 13,246 km of MDR across 14 districts have suffered varying degree of damages during the recent floods. The NH wing has also estimated damage of about 580 km of NHs. The post-flood impact analysis indicates heavy damages due to land slide/slips in the roads in four hill districts of Idukki, Wayanad, Pathanamthitta and Palakkad, whereas roads in the seven districts of Alappuzha, Thrissur, Ernakulam, Kozhikode, Malappuram, Kollam and Kottayam have sustained flash floods, erosion, water stagnation and other flood induced damages. The roads in Thiruvananthapuram, Kasaragod and Kannur districts have sustained minimal damage. Damage Analysis 4Kerala State Disaster Management Authority: Government of Kerala, State Disaster Management Plan 2016,http://sdma.kerala.gov.in/publications/DMP/Kerala%20State%20Disaster%20Management%20Plan %202016.pdf Kerala State Disaster Management Authority: Government of Kerala, Kerala State Disaster Management Plan Profile,http://documents.gov.in/KL/16344.pdf 3 1,090 km of SHs and 6,527 km of MDRs have sustained light damages (Error! Reference source not found.) and would largely require pavement rehabilitation through patching, shoulder repairs and limited debris clearance. 734 km of SHs and 6,463 km of MDRs have sustained medium to heavy pavement damages (Error! Reference source not found.) and would require re-laying of surfacing and limited repair of drainage, cross drainage and protection works. 179 km of SH and 256 Km of MDR have been fully damaged (Error! Reference source not found.) and would require full depth pavement reconstruction, significant repair/reconstruction of drainage, cross drainage and slope protection works and limited road raising, and new cross drainage works. Reconstruction and Resilience Needs (short-medium term): Based on the needs assessment, overall 435 km of roads (179 km of SH & 256 km of MDR) are fully damaged and needs to be reconstructed. Two major and 28 minor bridges, 208 culverts, 20 km length of retaining wall and 39 km of road side drainage works are fully damaged. It is estimated that about INR2,603 Cr. (USD 372 million) would be required for reconstructing damaged SH & MDRs. This amount also includes the estimates for resilience needs of about INR1732 Cr (USD 247 million) to enhance disaster resilience works, where additional 62 km of raising of roads, 157 new culverts, 142 km length of new slope stability/protection measures are proposed. Reconstruction of bridges/culverts need to be assigned priority followed by adequate hill slope protection and flood protection works. Emergency Project. In this context, the Government of Kerala (GoK) requested for a reallocation of US$ 45 million from the current outlay of KSTP II towards reconstruction of roads for the Rebuild Kerala Initiative (RKI), for urgent rebuilding efforts needed in Kerala.The critical importance is to address the need for urgent post-floods reconstruction works which called for including the Kerala Local Self Government Department (LSGD), the state’s agency responsible for local self-government institutions, as one of the implementing agencies of the project. LSGD would be responsible for re-building and re-construction activities for LSGI roads including: (a) construction, rehabilitation and/or improvement of the LSGI Roads; and (b) supporting day-to-day implementation of the project. Project Descrition. The project will be implemented in 8 districts covering 300 kms of roads severely damaged due to floods and within the jurisdiction of LSGD. The rehabilitation of roads will be within the exiting Right of Way. District wise maps are being prepared indicating the locationand width of RoW. So far maps of 3 districts (Kottayam, Wayna and Pathnamthitha) have been prepared (see Annex A1, A2 and A3)).LSGD was supported by KIIFB (Kerala Infrastructure Investment Fund Board) to collect data on status of the road which includes RoW, condition of road, traffic, road inventory, environmental features, etc from May 9 onwards. The Project has completed the ground truthing and the data include infromation road features, status of damage, available RoW of approximately 554 km of in 6 out of 8 districts (See Annex B). According to the available data, it seem that in more than 91 roads, the available width is more than 5.5 meters; followed with varying width between 4 to more than 5 along 63 roads and less than 5.5 meters in 101 roads. After completing the ground truthing of all the roads, 300 roads will be selected that have clear Right of Way for rehablitation. Prime Minster Gram Sadak Yojna (PMGSY). Under the World Bank supported PMGSY project, the Indian Roads Congress (IRC) publication, IRC:SP:20- 2002, Rural Roads Manual, provides guidance on various aspects of rural road development, with the specific requirements of PMGSY. Further to this an Operations Manual (OM) has been drafted to bring about clarity on various aspects of PMGSY. Towards enhancing the assessment and management of environmental and social issues in PMGSY planning and implementation, the Environmental and Social Management Framework (ESMF) was has been prepared based on the review of the existing safeguard instruments which are under implementation for First Rural Roads Project (RRP I) and RRP II. The ESMF comprises of the following safeguard instruments: (i) Social Management Framework (SMF), and (ii) Environmental Codes of Practice (ECoP). The LSGD, has the experience of implementing social safeguard documents. The Restructured Project includes both urban and rural areas, will cover two tribal districts (Wayanad and Idukki due to which the OP 4.10 is triggered, mitigating risks associated with labour influx and gender based violence for which the safeguard document requires to be updated. 4 2.0 RPF-TDF 2.1 RESETTLEMENT AND REHABILITATION ISSUES The construction of roads will follow the existing revenue tracks. The available width of the existing tracks is not always sufficient to accommodate the proposed improvements, thereby requiring additional land. The land width accretion is also necessitated along new alignments, especially in cases where the existing track cannot be upgraded to the required standards. The guidelines specify that it will be the responsibility of the State Government / District Panchayat/Municipalities to oversee that land is available for taking up the proposed road works. As the construction is generally proposed along the existing tracks and at locations that have been affected by the floods, the extent of resettlement is expected to be minimal. Though minimal, the mitigation of the social and resettlement impacts in the project requires a framework for addressing the impacts in the individual project phases related to resettlement. This Resettlement Policy Framework-Tribal Development Framework (RPF-TDF), which consists of resettlement planning and entitlement provisions, has been worked out..This RPF-TDF outlines the principles and approaches to be followed in minimising and mitigating the adverse social and economic impacts due to the project. This includes the following steps would need to be carried out: (a) information dissemination; (b) consultation in Gram Sabha; (c) transect walk for collaboration and firming up alignment, identifying beneficiaries and those adversely impacted and agreeing on land donation; (d) census of affected people and finalizing list of those who require livelihood support; (f) implementing the mitigation measures; and (g) completing the transfer of land in record of rights. Land may be required for geometric improvement and few encroachments (commercial and mixed) along the corridors. Moreover, the project roads may impact community owned assets in some areas. The Resettlement Action Plan can be prepared after the detailed social impact assessment is carried out in accordance with the Right to Fair Compensation and Transparent Land Acquisition and Rehabilitation and Resettlement (RFCTLAR&R) Act 2013 and Operational Policy 4.12. According to the RFCTLAR&R Act, the state government is required to issue notification prior to initiation of Social Impact Assessment (SIA) as detailed out in Annex C. Accordingly, preliminary assessment is required to establish that analysis of alternatives was considered. Subsequently, notification of the proposed area is to be issued before carrying out the SIA. This process also covers mandatory disclosure of draft management plans for consultations as explained in Annex A. The SIA should be completed within 6 months of the issuance of the first notification after establishing that the analysis of alternatives has been undertaken and approved by the state government. Following which the Expert Groups constituted under the RFCTLAR&R Act, is required to review the draft Social Management Plan (equivalent to RAP required under OP 4.12) and recommend for acquisition or not. In light of the above mentioned requirement for SIA to prepare the SMP/RAP, the restructured project has adopted the framework to guide the preparation of Resettlement Action Plan (RAP) for the identified roads (see Annex C). 5 The total Scheduled Tribe population returned in Census 2011 is 4,84,839. Out of this 4,33,092 are in rural areas and 51,747 in urban areas. 6 District wise distribution of Scheduled Tribe population in 2011 Sl. District Total Male Female Rural Urban No. KERALA 484839 238203 246636 433092 51747 1 Thiruvananthapuram 26759 12624 14135 20022 6737 2 Kollam 10761 5195 5566 7663 2875 3 Pathanamthitta 8108 3947 4161 2961 445 4 Alappuzha 6574 3175 3399 19698 3613 5 Kottayam 21972 10974 10998 19698 2274 6 Idukki 55815 27995 27820 55243 572 7 Ernakulam 16559 8349 8210 8324 8235 8 Thrissur 9430 4362 5068 5859 3571 9 Palakkad 48972 24314 24658 47023 1949 10 Malappuram 22990 11272 11718 18247 4743 11 Kozhikode 15228 7429 7799 9555 5673 12 Wayanad 151443 74476 76967 148215 3228 13 Kannur 41371 20141 21230 36302 5069 14 Kasargod 48857 23950 24907 46094 2763 Source: Census 2011 In terms of proportion, the Scheduled Tribe population constitutes 1.45% of the total population. The proportion during the last Census was 1.14%. Thus there has been an increase of 0.36% in the proportion during the last decade. The highest proportion of Scheduled Tribe has been recorded in Wayanad (18.53%) and the lowest in Thrissur (0.30%). The Scheduled Tribe Population in absolute numbers has increased by 1,20,650. In terms of gender composition there are 2,38,203 male Scheduled Tribe population (Rural – 2,13,208 and Urban – 24,995) and 2,46,636 female Scheduled Tribe population (Rural 2,19,884 and Urban -26,752). Sex ratio of ST population in Kerala is 1035. It is worthwhile mentioning that the list of Scheduled Tribes in Kerala had undergone changes during the decade 2001-2011 resulting change in proportion of Scheduled Tribes. Given that there are no adverse impacts in terms of tribal land acquisition or on forest rights, the TDF focuses largely on consultations with the tribal communities and the institutions in the tribal settlements. These consultations will enable garnering support and larger acceptance from the communities for the sub-project, and also helped identify any specific issues and concerns of the tribal communities, for integration into the designs. The TDF recognises the importance of consultation in tribal settlement during sub-project planning and its implementation, (i) consultation with affected households for livelihood restoration, and (ii) consultation with communities and key stakeholders to ensure broader community support. Further, given that the scale and extent of negative impacts on the tribal communities are almost insignificant, the institutional arrangements for the implementation of the 7 resettlement provisions shall be adequate to handle the measures proposed in the TDF (Refer Table 2.2 on Planning and implementation of Mitigation measures through FPIC). Stakeholder Consultations. The draft RPF-TDF was disclosed in both the languages, English and Malayalam on the LSGD website. Following which information regarding scheduling the consultation in Idukki district was conveyed to district tribal extension officer who further contacted the community for consultation scheduled on May 20 and 30, 2019 (see Annex D). The consultations were presided over by Tribal Extension officer and Members of Local Self Government from AdimalyGrama Panchayath, at Kattamudi Tribal Colony and at Mezhukkumchal Bridge of GramaPanchayathu. More than 75 people participated in the consultations that were organized at the location, majority of the participants were women. The elected members of the Gram Panchayat willingly offered to support consultations at Tribal settlements after receiving information on the project. The participants sought clarification on selection of roads, requested for inclusion of other damaged roads, bridges, requested for further information on technical issues, etc. The project team explained that further detailed informationand consultations will be carried out subsequently. The Tribal community expressed their support to the sub- projects. Grievance Management: The Toll free number has been established for registering and tracking complaints. The call center receives and registers complaints. The complainant is given a ticket number for follow-up. The compliant is forwarded immediately to the concerned official who is expected to investigate the complaint within 48 hours and submit an action taken report online. The complaint is considered closed after it is resolved for which a maximum of 15 days is stipulated. In case it requires additional time and is required to be escalated then alert is generated. Moreover, the system tracks the complaint through an internal automation system if there is any delay at any stage for the issue to get escalated. The complaint is considered to be closed after informing the complainant about the resolution and receiving feedback on the satisfaction by the complainant. The entire duration from registering the compliant to resolving is within 15 days. The PIU in co-ordination with the Panchayati Raj Institutions (PRIs) and Municipalities at the village, towns, block and district levels will be responsible for the planning and implementation of the RPF-TDF. 2.2 PLANNING AND IMPLEMENTATION OF MITIGATION MEASURES The various tasks related to planningand implementation at various stages of project cycle are given in the Table 2.1 and 2.2. Dissemination of information of selected roads: Salient features of the finalisedroads will be displayed at the notice boards of the District Panchayat/Municipalities and the concerned Gram Panchayats/Urban wards. This shall include (a) map of the district / block showing the roads (b) list of villages/townsbenefited and (c) length of the corridor. Dissemination of Project Information: After selection of roads and prior to finalisation of the alignment, a brochure providing an overview of the project will be available for distribution in each of the Gram Panchayat/Municplaity along the proposed roads. Annexure 1 provides the project information package encompassing the information to be disclosed at various stages of project implementation. Format 2 of Annexure 1 provides the Brochure to be distributed among the local community providing details of the scheme. The dissemination of information shall (i) sensitise the communities on the project related issues, and (ii) demonstrate the expectations of the project from the communities, including mechanisms for beneficiary contribution. Finalisation of Alignment: Finalisation of alignment will be through community planning involving local communities and the village/town/ward level Government body that is Gram Panchayat and Municipalities. Transect walks along the proposed alignments will be organised by the PIU in co-ordination with the Gram 8 Panchayat/municipalities and the revenue and forest officials at the village/ward level of towns. The methodology for conducting transect walk is given in Annexure 2 while a guidance note on issues to be discussed during transect walk is given as Format 5 of the information dissemination package (Annexure 1). The alignment will be finalised with due consideration to the aspects of road safety and scope for future development along the corridor. The documentation of transect shall be exhibited by the PIU on the revenue map and all issues and suggestions by the community and responses to them during transect shall be documented and disseminated at the Gram Panchayat/Municipality. The transect shall enable: i) Finalisation of the alignment through community planning that is in consultation with the communities along with sensitising them of design compulsions if any, ii) A joint on-site inventory, cross-checking and verification of the alignment; iii) Identification of grievances on ground and redressal of the same; iv) Initiation of the process of transfer of land and assets; v) Identification of vulnerable PAPs; and, vi) Acceptance of the project, alignment, land / structure donations by the communities as the case may be. Consultation with Affected Persons: Within a week of transect, the PIU / Gram Panchayat (GP)/Municipality shall organise a meeting involving the affected persons to communicate how the concerns of the communities have / have not been incorporated into the project design. The structure and format for recording the consultation sessions are presented in Annexure 3. (Refer Annexure 1 for disclosure of information). The concerns that could not be incorporated would be highlighted and the reasons for not doing so would be explained. The people would be given an opportunity to respond. The following information pertaining to the project design will be highlighted and disseminated: i) Specifications, project costs and construction schedule, ii) Likely issues due to project activities, iii) Land width required and available, iv) Design modifications incorporating comments and suggestions of communities v) Procedure to be adopted for accretion of land / assets (MoU/Affidavit), vi) Entitlement provisions for vulnerable groups, vii) Disbursal Procedures to Entitled Persons, viii) Safety and health concerns during construction works, and ix) Inputs required by the local community as construction labour, temporary use of land for diversions etc. 4. Profile of Affected Persons: The census survey for the identified PAPs will be undertaken by the PIU to assess the extent of impact on each household. Annexure 4 gives a Questionnaire for census survey of PAP. A full census will be undertaken to register and document the status of the potentially affected population within the proposed RoW, by the PIU with the assistance of the GP/Municipalities. This will provide a demographic overview of the population, and will cover the asset ownership and sources of livelihood. The census shall enable the identification of vulnerable PAPs, based on which the entitled persons and the extent of support required shall be assessed. 5. The census will assess the impact of the project especially on the Scheduled Tribes settlements through which the road passes, and how the road project is likely to affect ST population. Apart from the consultations held in the settlements, census survey of all the potentially affected population including ST households within the likely corridor of impact will be carried out to mitigate the impacts. No acquisition of lands is proposed, the transect walk to finalise the alignment will focus on mimization of adverse impacts. As a result, direct impacts on tribal communities pertaining to land acquisition are not envisaged. However, in case of any eventuality, compensation and R&R assistance will be disbursed in accordance with the RPF (refer Annex A). 9 Identification of vulnerable PAPs: The project provides for targeted support / assistance to the vulnerable groups. The vulnerability shall be assessed by the PIU based on the census of the affected persons. The following categories of Project Affected Persons shall be entitled for support as vulnerable groups: i) BPL households (with a valid proof), as per the State poverty line for rural/urban areas; ii) BPL households without a proof of the same and belonging to the following social categories (i) Women headed households with women as sole earner (ii) Scheduled Caste/Scheduled Tribe and (iii) Handicapped person, and is subject to any of the following impacts; (a) Loses more than 10% of the total land holding5; (b)Loses shelter; and, (c)Loses source of livelihood. Integrating R&R issues in Detailed Project Report (DPR) : To ensure that the designs for the roads are sensitive to social issues and have incorporated the social considerations, the following information shall be documented as part of the DPR prior to submission to STA for approval: i) Output of transect walk ii) Proceedings of the formal consultation (meeting) with the communities, iii) Census questionnaires of the PAPs, and iv) List of Entitled Persons who will be eligible for support. Dissemination of process of land transfer and entitlement provisions: The process to be adopted for land transfer, project details such as name of corridor, cost, likely construction schedule, list of PAPs along with entitlements and entitled persons shall be disseminated. The information would be disseminated through wall paints, posters, pamphlets displayed at the Gram Panchayat/Municipality office or other prominent places such as school, shop, Community halls, primary health centreetc (Refer Annexure 1). Submission of Gift Deed (MoU/Affidavit) by individual landowners to PRI/Municpalities: For states where land acquisition is through land donation, for each of the land parcel likely to be affected in the project, a Gift Deed through an MoU or affidavit (Appended in Annexure 5) between the landowner/s and PIU or Government will be done. It shall be the responsibility of the PRI to collect Gift Deed / MoU / Affidavit from all landowners and submit the same to the PIU. To ensure that the landowner is in the legal possession of the land under consideration, a copy of the proof of the ownership, as applicable, shall be obtained by the PIU. In the absence of such supporting evidence, the Patwari shall vet the proof of ownership. The award of contract shall be only after the Gift Deed from all affected persons are available with PIU. Participation of PRIs and Communities: Effective participatory mechanism for community level local government (Gram Panchayat) in decision-making at every project stage has been evolved. Involvement of communities at every stage of project shall be taken up as specified in this framework. The Participation Framework envisages involvement of the PRI/Municipalities, community, PAPs, and other agencies by the PIU during project prioritization, planning, implementation and monitoring. The PIU will be responsible for ensuring participation of the community at the sub project level through the Gram Panchayat/Municipality. The involvement of the community is not only restricted to the interactions with the villagers/town dwellers but also disclosing the relevant information pertaining to the project and tasks encompassed in the project as given in Annexure 1. • Mechanism for Land Transfer: In states where land donation is the approach for land availability, a transparent process for land transfer facilitated through interactions with the community and likely PAPs shall be adopted as specified in this framework. The willingness of the landowner for transfer of land shall be assessed during consultations and if required, support through PRI/Municipalities and community shall be taken to encourage the landowner for his consent to donate the asset. For each of the land parcel likely to 5 The total land holding includes any other land parcels owned elsewhere by the PAP. 10 be affected in the project, a Gift Deed/ MoU/ Affidavit)between the landowner/s and PIU or Government will be undertaken. It shall be the responsibility of the PRI to collect the Gift Deed / MoU / Affidavit from all landowners and submit the same to the PIU. To ensure that the landowner is in the legal possession of the land under consideration, a copy of the proof of the ownership, as applicable, shall be obtained by the PIU. In the absence of such supporting evidence, the Patwari shall vet the proof of ownership. The award of contract shall be only after the Gift Deed / MoU / Affidavit from all affected persons are available with PIU. In case of land owners with unclear titles or unable to provide proof of ownership, involvement of PRI (Sarpanch and other members)/Municipality (Chairman), revenue official and community shall be undertaken to verify the ownership of the concerned land owner on the land parcel or asset. The PIU will facilitate the enrolling the EPs in the RD schemes with prior disclosure of information on the process, schedule and other details as given in Annexure 1. The disbursal of entitlements through civil support mechanism will be the responsibility of the Gram Panchayat and its members. Impact on lands involving traditional and tenurial rights: As per Forest Rights Act, 2006 the scheduled tribes have rights to use forest land for agricultural purposes, fishing in ponds located within forest areas, non-timber forest produces, grazing of cattle etc. The proposed improvements of the corridors will not affect any such rights of the tribal people as these are proposed within the available Right of Way. SIA and consultations will be carried out at various levels (state, district, Taluka and village level) in the tribal settlements to ensure that customary rights of the ST community are not impacted. In line with the provisions of the FRA, 2006 for each of the tribal settlements meetings of the Gram Sabha will be carried out to wherein resolutions accorded no-objection for felling of the trees / protected forests after confirmation that (i) there are no forest dwellers with traditional forest rights and (ii) there are no recognized forest rights of the ST communities. Central and State level pertaining to the transfer of lands will be followed. The process of land transfer shall take into account the existing customary rights of the tribal community on various categories of land. It shall be the responsibility of the AE/JE (PIU) along with the village level Panchayat members/ ward members of Municipalities to assess the impact on loss of livelihood and extent of dependence of local community on these lands through consultations. Planning and implementation of mitigative measures in Tribal settlement: The guiding principles enshrined in the constitution of independent India as also various plans and policies safeguard the interests of scheduled tribes. The GoI has, from time to time, issued instructions to the State governments and also enacted enabling legislations and amendments to relevant existing laws. These efforts have been made to help the state governments to sensitively deal with ST populations and the problems they are faced on account of development projects. Also the State governments have been encouraged to pass suitable legislations, wherever possible, to help make necessary legal and administrative arrangements to help the STs in specific situations. There are sufficient provisions and scope already, in the existing laws to meet the objectives of Social Management Framework with regard to the Scheduled Tribes. However, in order to tie these in with the project activities at different project stages planning and implementing mitigation measures is for exclusive to tribals is developed (Table 2.2). The Tribal Development Plan will be developed to ensure that there is sufficient planning and implementation that safeguard the interests of the tribals. The institutional arrangements at state and district level has been assessed basically to develop a framework for Free, Prior and Informed consultation with affected ST community. FPIC will be through the planning and implementation of sub-project This shall take care of the customary systems of decision making and participation to complywith the FPIC process outlined in the Operational Policy 4.10 on Indigenous People. 11 2.3 IMPACTS AND ENTITLEMENTS The RPF-TDF addresses the following categories of impacts (Table 2.3 to 2.7) caused by the project and is not limited to physical relocation. Title Holders including those with clear ownership proof & unclear titles : In case, the land owner has unclear titles or is unable to provide proof of ownership, involvement of PRI (Sarpanch and other members) and Municipality (Chairman), revenue official and community shall be undertaken to verify the ownership of the concerned land owner on the land parcel or asset. The measures proposed for the various impact categories are presented in the following sections. Land: To the extent possible, the proposed works will be carried out within the available land width. In the event of inadequate land width, the project will aim at obtaining land through a process of land contribution by the affected households or land acquisition, compensation and resettlement and rehabilitation through RFCTLAR&R ACT 2013, state R&R policy of 2017, and compliance with the OP 4.10 and 4.12 (see Annex A). The project will provide the option of alternate land sites to those who become landless. In addition to those who are rendered landless due to the project, the provision of alternative sites shall be extended to vulnerable PAPs losing 10% or more of their land holding, subjected to availability of land sites. In the event of non- availability of land, inclusion as beneficiaries in the ongoing Development programs through the Gram Panchayats/Municipalities will be encouraged and rehabilitated (refer Annex A). House and Shelter: The designs for the proposed for the roads will be worked out to avoid any impacts on structures. Therefore, the incidence of loss of house and shelter is not likely. In the event of partial losses to structures, not involving physical relocation of the affected household, the preferred approach shall be to assist people to move back and away from the RoW. In these cases, transfer of assets lost by an individual or community through gift deeds will be accepted. In cases where physical relocation of the person losing shelter is unavoidable, an alternative site on a suitable land shall be identified in consultation with the PAP. In the event of such land not being available, the PAPs shall be entitled to be included as beneficiaries under central and state housing programs and rehabilitated (Refer AnnexA)\ Other Assets: Though minimal, the project may involve the loss of other assets as wells, trees and other assets. The project shall accept willing transfer of assets lost through a Gift Deed / MoU / Affidavit. The project will assist the loss of these assets belonging to vulnerable group/s through inclusion in the Government schemes. The PIU shall provide technical inputs in case of relocation of the common assets (wells, temples etc) by the Gram Panchayat/Municipalities or community. Non-Titleholders: The clearance of non-titleholders (encroachers and squatters) from the existing RoW shall be in accordance with the legal provisions (Refer Annex A). The PIU shall serve an advance notice of a month to the non-titleholders towards removal of assets/standing crops and subsequent clearance. If the affected non- titleholders belong to vulnerable sections, they will be assisted under the entitlement matrix Land Rights: Regarding impact on lands involving traditional and tenurial rights, the corresponding legal provisions pertaining to the transfer of lands will be followed. The impact on loss of livelihood and extent of dependence on these lands will be assessed through consultations by the GP/Municipalities. Alternate sites to compensate for the loss through the PRIs/Municplaities shall be encouraged. If suitable sites are not available, vulnerable PAPs whose livelihood is impacted will be assisted to livelihood support by providing alternate livelihood (refer Annex A) Additional unforeseen impacts on Shelter / Livelihood during construction : In addition to those PAPs identified as directly impacted in the project, in hill roads involving fresh cutting, there is a likelihood of additional damages to structures on the hillside. The contractor shall avoid the loss by providing adequate protection measures through construction of appropriate slope protection measures as breast walls/retaining walls. In the event of non-provision of these measures, it shall be the responsibility of the PIU, through the PRI/Muncipalities to work out alternate shelter to offset the impact. 12 Temporary Impacts during Construction: The temporary impacts during construction include disruption to the normal traffic, access to hosue, shops, increased noise levels, dust generation, soil slips in hilly areas and damage to adjacent parcel of land due to movement of heavy machineries. The contractor shall be responsible for regulating time of usage of heavy equipment, dust suppression, schedule of construction work to allow normal traffic during morning and evenings and signage for sensitive areas where safety is a concern, rehabilitate access The contractor shall bear the costs of any impact on structure or land movement of machinery during construction. All temporary use of lands outside the proposed RoW shall be through written consent / approval of the landowner or the PRI. The contractor shall locate construction camps in consultation with the local Panchayat to avoid any resentment or confrontation with the local or host community. Consultations with the community shall be undertaken by the contractor to sensitise the community on the construction works and its probable impacts through pamphlets / brochures, through the Gram Panchayat/Municipalities. 13 Table 2.1: Planning and Implementation of Mitigation measures through Consultative Process– General Population Stage Tasks Nodal Agency Involvement / Support Time Frame Target Group Monitoring By Remarks 1. INFORMATION DISSEMINATION & SENSITISATION OF COMMUNITY- PRE ALIGNMENT FINALISATION • Meetings at GP/block PRI representatives Obtain feedback PIU • GP /Municipalities/ • Public Announcements First week of DPR DPIU (Social especially from women (AE/JE, Social • PIU (EE/SE/AE) Community • Consultation/Meetings preparation cell) and vulnerable Unit) • MMs/NGOs • Distribution of leaflets communities • Discuss various alignment options • Prior intimation regarding date / time of transect walk 3. FINALISING ALIGNMENT / TRANSECT WALK • Display tentative alignment of proposed road superimposed on revenue map List should have exact • Conduct transect walk PIU • GP / Municipalities/ First Month of DPIU (Social amount of land to be (AE/JE, Social • LRD Community • Information about final alignment along with list DPR preparation cell) acquired, structures likely of PAPs / PAFs / at Gram Sabha/Ward Sabha in Unit) • PHED to be damaged, etc. Muncipalities in local language • Forest • Identify sites for land width accretion 4. CENSUS of PAPs/ PAFs • GP / Municipalities/ • Conduct socio-economic Survey at household PIU After Alignment is DPIU (Social PAPs / PAFs level (Social Unit) finalised cell) • Identify vulnerable PAPs. 5. Preparation of mitigation plan a. Hold meetings with PAPs for inputs on mitigation measures PIU -Obtain land availability b. Consultation meetings for awareness generation / (Social Unit), certificate from revenue clarification of land acquisition processes/land Project Planning • GP / Second Month of Community. DPIU (Social department/institution donation and Design c. Calculate cost of land / other structure (incl. Municipalities/Trib DPR preparation PAPs / PAFs Cell) responsible for land standing crops on private land) as required al settlements administration for all d. Develop individual entitlements for the entitled • LRD sub projects e. Display lists of PAPs with types of losses and • PWD entitlements / support • District RD / SW/WCD officers Stage Tasks Nodal Agency Involvement / Support Time Frame Target Group Monitoring By Remarks 14 The RAP will be prepared for those sub-projects that have adverse impact on assets accordance with the outline laid down in Annex C Preparation of • GP / Municipalities/ Secodn Month of Monitoring by PIU PAPs/PAFs RAP • DPR preparation DPIU (Social) 6. TRANSFER OF LAND / LEGAL PROCESSES a. Finalise Land Transfer from PAPs/ PAFs, Prepare Affidavits/Sale deeds before award of contracts After DPR b. Start legal process for Land transfer PIU • GP / Municipalities/ approval, DPIU (Social Site Preparation c. Relocate structures / common property (Social Unit), PAPs / PAFs • District SW/WCD official Implementation of Cell) / LSGD d. Deliver Entitlement & Provide Support in LRD Project Resettlement and government schemes before initiating civil works. 7. GRIEVANCE REDRESSAL / MITIGATION • GP / Municipalities Action needed report MEASURES • LRD to District Panchayat PIU Throughout the Community, DPIU (Social (within 7 days) a. Investigation of unforeseen impacts / complaints (Social Unit) project Cycle PAPs/PAFs Cell) / LSGD Report by DPIU to b. Provide on the spot assessment and documentation • Otherline departments LSGD (within 5 c. Communicate decisions days) Construction • GP/ Municipalities/ Throughout the PIU 8. MONITORING • PIU (Social Unit) Project Cycle at - and Post (Social Unit Initially weekly & a. Monitor actions related to Tasks 1-6 • NGOs regular interval Social then monthly. Report Construction b. DPIU to inform LSGD of all proceedings Unit to LGD c. Quarterly Report Every 4th month 9. COMMUNITY FEEDBACK • GP / VC Every three months survey among community members especially PAPs PIU (Social To be decided by • LRD - • LSGD during the life of for Feed Back on process adopted and quality of Unit) / BLSC • LSGD • LSGD officials the project. construction Abbreviations: DPIU (District Programme Implementation Unit), LRD (Land and Revenue Department), MM (MahilaMandals), MoU (Memorandum of Understanding), LSGD (Local Self Government Development), PD (Project Director), PAF (Project Affected Families), PAP (Project Affected persons), PIU (Programme Implementation Units), PRIs (Panchayat Raj Institutions), SW (Social Welfare), WCD (Women & Child Development). 15 Table 2.2: Planning and Implementation of Mitigation Measuresthrough Free, Prior, Informed Consultation process– Tribal Population Stage Tasks Nodal Agency Involvement / Support Time Frame Target Group Monitoring By Remarks 1. INFORMATION DISSEMINATION & SENSITISATION OF COMMUNITY- PRE ALIGNMENT FINALISATION • Collection of information about tribal communities including their customary laws • Identification of state tribal laws • Information dissemination/sensitisation of • The state tribal tribal community on the road through: research institute’s - Folk media help / support may be taken for data / - Group discussion along with tribal PIU with tribal heads/state information opinion leader • Document the • Meetings at GP/block PRI PIU (Social unit) deptt of Tribal welfare. After selection of Tribal DPIU (Social Anthropologist may also be road Community Unit) process with details representatives/Municipalities involved. of meeting • Public Announcements including dates, • Consultation/Meetings timings and • Discuss various alignment options participants • Prior intimation regarding date / time of transect walk 16 Stage Tasks Nodal Agency Involvement / Support Time Frame Target Group Monitoring By Remarks 17 2. FINALISING ALIGNMENT / TRANSECT WALK • Display tentative alignment of proposed road superimposed on revenue map • Conduct transect walk • Involve tribal people in the transect wallk • Avoid taking over land of sacred tribal places and abodes of spirits and dead ancestors and kinsmen. Also avoid other places of minor List should have exact PIU forest produce etc. First Month of DPIU (Social amount of land to be (AE/JE, Social Community • To document details of losses incurred by DPR preparation cell) acquired, structures likely Unit) Tribal PAF to be damaged, etc. • Information about final alignment along with list of PAPs / PAFs / at ward Sabahs of Municipalities/ Gram Sabha in local language • GP / Municipalities • LRD • Identify sites for land width accretion • PHED • Identify any customary rights including tree recognized under the FRA that may be • Forest required for the sub-project. 4. CENSUS of PAPs/ PAFs Conduct socio-economic Survey at household level PIU GP / Municipalities/ Tribal After Alignment is DPIU (Social Identify vulnerable PAPs. settlement/ Tribal leader PAPs / PAFs (Social Unit) finalised cell) 5. Preparation of Resettlement Action plan a. Hold meetings with PAPs for inputs on mitigation measures -Obtain land availability b. Consultation meetings for awareness generation / PIU certificate from revenue clarification of land acquisition processes/land Project Planning donation Second Month of Community. DPIU (Social department/instituti on and Design (Social Unit), GP / DPR preparation PAPs / PAFs Cell) responsible for land c. Calculate cost of land / other structure (incl. standing VC crops on private land) as required • LRD administration for all d. Develop individual entitlements for the entitled • PWD sub projects e. Display lists of PAPs with types of losses and • District RD / SW/WCD entitlements / support officers 18 6. TRANSFER OF LAND / LEGAL PROCESSES a. Finalise Land Transfer from PAPs/ PAFs, Prepare Affidavits/Sale deeds before award of contracts After DPR b. Start legal process for Land transfer and MoU to cut • GP / Municipalities/ Tribal PIU approval, DPIU (Social Site Preparation any trees recognized under the FRAAct. settlement/ Tribal leader (Social Unit), LRD Implementation of Cell) / c. Relocate structures / common property • District SW/WCD official Project d. Deliver Entitlement & Provide Support in Resettlement and government schemes before initiating civil works. PAPs / PAFs Stage Tasks Nodal Agency Involvement / Support Time Frame Target Group Monitoring By Remarks 7. GRIEVANCE REDRESSAL / MITIGATION • GP / Municipalities/ Tribal Action needed MEASURES settlement/ Tribal leader report to District a. Investigation of unforeseen impacts / complaints PIU • LRD Throughout the Community, DPIU (Social Panchayat/Municpality b. Provide on the spot assessment and documentation (Social Unit) project Cycle PAPs/PAFs Cell) / (within 7 days) c. Communicate decisions Report by DPIU to • Otherline departments LSGD (within 5 days) • GP/ Municipalities/ Tribal Throughout the 8. MONITORING settlement/ Tribal leader Project Cycle Construction PIU • PIU (Social Unit) at regular - a. Monitor actions related to Tasks 1-6 (Social Unit and Post • NGOs interval Initially weekly & b. PIU to inform PMU of all proceedings then monthly. Construction Social Cell Report to LSGD c. Quarterly Report Every 4th month 9. COMMUNITY FEEDBACK • GP / Municipalities/ Tribal Every three survey among community members especially PAPs for PIU (Social Unit) / settlement/ Tribal leader To be decided by months during - lSGD Feed Back on process adopted and quality of construction BLSC • LRD LSGD the life of the • Project officials project. Abbreviations: DPIU (District Programme Implementation Unit), LRD (Land and Revenue Department), MM (MahilaMandals), MoU (Memorandum of Understanding), PD (Project Director), PAF (Project Affected Families), PAP (Project Affected persons), PIU (Programme Implementation Units), PRIs (Panchayat Raj Institutions), RD (Rural Development), SW (Social Welfare), WCD (Women & Child Development). 19 Figure 2.1 PLANNING – DIAGRAMMATIC OVERVIEW 20 3.0 INSTITUTIONAL ARRANGEMENTS 3.1 Pradhan Mantri Gram Sadak Yojana (PMGSY) is a central programme implemented by Ministry of Rural Development (MoRD). Since this project is implemented by the state Local Self Government Institution i.e. Panchayat and Municipality, the institutional arrangement has been modified. The key institution at state level is the Local Self Government Department (3) Project Implementation Units at District level (PWD/RES) (4) Village Panchayat/Municipality at local level (5) Technical Examiner/Consulting Supervision Consultants (CSC). The LSGD is the executing agency. The PIU, at the districts, will execute the project at the ground level. All these institutions are responsible for coordinating and implementing the provisions of the RPF-TDF. However, in case land is to be acquired, then the Institutional mechanism detailed out in Annex A will be applicable. Implementation - Organisational Chart PMU STATE LSGD LEVEL TECHNICALEXAMINER/SUPERVISORY SUPPORTUNIT CONSULTANTS TO LSGD LSGD PROJECTIMPLEMENTATIONUNIT(PIU) DISTRICT LEVEL GPs/MUNICIPALITY/COMMUNITY/PAPs GP/MUNICIPALITY /COMMUNITY Towards implementation of the RPF-TDF, officer for managing social aspects will be recruited from the market to support the Executive Engineer at state level. They will assist, advise the Project Director and interact with the PIU in implementation of RPF-TDF provisions. Supervision Consultants will be appointed in each of the project to regularly monitor the planning, design and construction the road works and confirms that actions taken at each stage of the sub project cycle are in compliance with agreed procedures and standards. Towards addressal and effective implementation of the RPF-TDF provisions, a position of a Social Specialist has been provided. The PIU through the AE/JE will implement all the RPF-TDF tasks at the field level with the assistance and participation of the PRIs (Sarpanch and other panchayat/ ward members etc) and Municipality members. The PMU will have the responsibility of co-ordinating resettlement along with other project components. The PMU shall be responsible for co-ordination among different agencies, such as the PRIs, Municipalities, DRDA, Revenue Department etc. During implementation, meetings will be organised by the District PIU for providing information on the 21 progress of the project work. Disbursement of Entitlements shall be through the PRI/Municipalities, mainly vesting the responsibility with the Gram Panchayat/Municipalities and JE (PIU). The role and responsibility of each of the Agency/Official involved are presented in the Table 3.1. The civil works will be initiated only after the required RoW or land width is free from any encroachments and the PIU has the physical possession of the land. Before the start of civil works the compensation has to be disbursed to the land owners in states where it is decided to acquire the land. . During implementation, consultations with the communities shall be undertaken by the PIU for providing information on the progress of the project work. Table 3.1: Roles and Responsibilities to Implement RPF-TDF at Various Levels LEVELS ROLES and RESPONSIBILITIES Ensure dissemination of information to community/PAPs as proposed Coordinate with agencies for ensuring implementation of social development Coordinate between state level agency for finalisation of Resettlement Action Plan and entitlements and enrolment procedures, Coordinate assessment of people affected by the project; assess – Nodal vulnerability and entitlement issues and coordination of R&R Social Officer implementation, Ensure implementation as per schedule, Monitor PMGSY roads for fulfilment of R&R issues in co- ordination with the consultants, Report progress, highlighting social issues not addressed, to provide for course correction in subsequent projects, Coordinate training with agencies involved. District Level (SE/EE) District Level – Ensuring disclosure of the selected roads by Zila Panchayat/Municipalities and Gram Panchayat at Panchayat Programme Office/ Municipality offices and make sure that copies of the roads Implementing Unit are available with all elected representatives and in Tribal settlements (PIU) PIU at the district/block level (EE/SE) ensures road selection is based on those affected by floods EE/SE oversees land availability for taking up proposed roads during road selection LEVELS ROLES and RESPONSIBILITIES 22 Field Level (AE/JE) Dissemination of Project Information at various stages of project as envisaged. Ensuring availability of revenue records and maps prior to Transect Walk Finalise alignment through community planning including road safety and scope for future growth, PRI (Sarpanch or other members)/Municipality (elected members) and Revenue Dept. (Patwari) through Transect Walk encompassing a joint onsite inventory and verification of alignment Documentation and disclosure of Transect Walk outputs through consultations in coordination with PRI (Sarpanch or other members)/Municipality (elected members) AE/JE along with Patwari and PRI/Municipality to identify locations for land width accretion and ownership including the customary rights in tribal areas Verify ownership of impacted land parcel through proof of ownership during census survey Involving the PRI, initiate process of land transfer and addressal of grievances Identification of impacts and PAPs through Transect Walk and assessing extent of impacts through Census Surveys (Vulnerable PAPs and Entitled Persons) Verification of vulnerability of PAPs based on the criteria adopted Coordinating with DRDA, DoTW, DoSWetc for finalisation of entitlements and schedule for enrolments Ensuring disbursal procedures for entitlements as per schedule Collection and submission of Gift Deed/Affidavit/MoU from landowners Responsible for addressal of additional unforeseen impacts during construction Ensuring incorporation of social issues in DPR prior to approval from STA Supervising the tasks during implementation & its progress in coordination with PRI/Municipality Collect data pertaining to the evaluation and monitoring indicators Proper application of environmental, social and techno-economic screening procedures for the selection of rural roads sub- Independent projects; Consultant – Social Detailed design is in compliance with agreed technical standards Specialist as well as stipulated environmental and social management measures; Compliance of actual works with contract conditions and quality assurance procedures as well as agreed environmental and social management measures, and, Sensitising and capacity building of the PIU officials, the PRI/Municipalities representatives towards implementation of the provisions. 23 District Level (ZP Display of selected roads at Zila, Gram Panchayat, Municipality Chairman/Pradhan) Office Ensure establishment of Land Management Committee for LEVELS ROLES and RESPONSIBILITIES grievance redressal at village/ward level for Municipality through LSGD Village Level Field Level – Village Council / Dissemination of project information in village/Ward Gram Panchayat Municipalities in coordination with the PIU (Sarpanch and other Finalisation of alignment during transect walk along with PIU Panchayat and Revenue Department through process of community Members)/Municipality planning (each ward) Ensure the finalisation of alignment. Encouraging community participation during transect walk and consultations Organise Consultation involving community and PAPs to disclose transect output Encourage community/PAPs to voluntarily donate assets especially land Undertake Census Survey for assess the extent of impacts along with the PIU Identification of vulnerable PAPs and their verification as per the eligibility criteria Ensure finalisation of procedure for land transfer and disbursal of entitlements Responsible to collect Gift Deed/Affidavit/MoU from landowners & subsequent submission to PIU Make sure that contractor holds consultation with community prior to mobilisation of machinery Supervising the tasks during implementation and its progress in coordination with PIU 3.2 MONITORING AND REPORTING PROCEDURES Multi level monitoring and reporting systems are in place. The day to day monitoring will be carried out by Social Specialists with Supervision Consultants and periodic monitoring will be conducted by the Social Specialists at PMU. The monitoring reports from these actions will be submitted to the Bank periodically. Third party quality monitoring will include independently facilitated Citizen Monitoring and Audit Teams using simplified instruments that have been successfully piloted, complemented by pro-forma checklists used by local committees to track implementation targets, in addition to grievance redress mechanisms. Bank will also undertake thematic reviews. These provisions will facilitate vital beneficiary feedback which will help improve performance and results. 24 An evaluation of the project shall be undertaken by Third Party on Social aspects of the project to assess the overall impact of the village community based on the broad socioeconomic indicators. The scope of the evaluation will be mainly to assess the social effectiveness of the project in terms of its overall utility to the community and overall implementation with an exclusive focus on implementation of RPF-TDF. The evaluation will be undertaken twice during the life cycle of the project – mid term and at the end. 3.3 Impacts due to Labor influx The bid documents incorporate requirements for site specific labour influx management plans including list of applicable labor laws and provision and the metrics for periodic reporting by contractors. The responsibility to manage these adverse impacts would be clearly reflected in the contractual obligations of the Civil Works Contractor with appropriate mechanisms for addressing noncompliance. As part of the Labor Management Plan, following activities would be undertaken to address Gender Based Violence and Labor Influx and thereby avoid /minimize impacts on the local community: (i) to address labor influx, contractor will: source all unskilled labor from within the project area and its vicinity to minimize labor influx by souring. Skilled labor force, if unavailable locally, would be brought in from outside the project area either from within or outside the state. develop a Workers’ Camp Management Plan that addresses specific aspects of the establishment and operation of workers’ camps e.g. cordoning of separate areas for labor camps and material storage; conduct training programs on HIV/AIDS and other communicable diseases develop a complaint handling mechanism at the project level provide information to communities in project area and to host communities about the contractor’s policies and Worker Code of Conduct (where applicable). (ii) to address Gender Based violence, contractor will: conduct mandatory and repeated training and awareness raising for the workforce about refraining from unacceptable conduct toward local community members, specifically women; inform workers about national laws that make sexual harassment and genderbased violence a punishable offence which is prosecuted; introduce a Worker Code of Conduct as part of the employment contract, and including sanctions for non-compliance (e.g., termination), and adopt a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violence; and provide specific facilities for women workers including, designated health centre, Day Crèche Facilities for workers with infants and small children; organizing of construction schedule so as to exempt women workers from night shifts as far as possible; The Contractor will periodically submit report to the Project Authorities and update the Labour management Plan as necessary during construction period. 25 3.4 GRIEVANCE REDRESSAL MECHANISM Grievance redressal: Based on the experience on GRM management on on-going rural roads project, the revised GRM will be based on dedicated Toll Free number to track complaints and ensure accessibility to women and vulnerable. This includes register, resolution and closing the compliant within a dedicated time frame. Community concerns will generally be addressed during the project preparation stage through information dissemination, the transect walk and community consultations. ROLES & RESPONSIBILITIES OF CONTRACTORS TOWARDS SOCIAL SAFEGUARDS The Contractor and his sub-Contractors shall take all reasonable steps to abide with the social safeguards as per RPF-TDF for the Project affected persons of nearby habitations/ villages/towns/tribal settlement. He will take up the execution of work in such a manner to avoid damages or disturbance to persons, properties, farmlands, crops, grazing lands, water sources and other local resources etc. Before taking up execution, necessary information, disclosure & consultation with PIU, Sarpanch / Elected members of MUnicipality/ must be made for Construction procedures, time schedules, location of labour camp, arrangement of water for construction purpose & temporary impact to society during construction periods. Land required temporarily for labour camp, storage of material, machinery & T&P yard, site office etc. would be obtained in consultation with the community with written permission of the landowners. In tribal areas the Contractor and his workers should get accustomed with the local tribal customs and should take up the execution of the works in such a manner so as to avoid any confrontation with the sentiments of the community. In labour camps, information should be displayed in the shape of posters and banners for the prevention of HIV/AIDS and other diseases like Malaria, Diarrhoea, TB etc. During the course of execution, if any direct or indirect damage to the public properties crops etc. has occurred, the same should be compensated by the Contactor, at the current market value, as agreed with the affected persons. After the completion of work, the Contractor should remove all their equipment, machinery, surplus building materials, labour camps, debris etc. from the site, and its surrounding agricultural / nonagricultural lands, side-walks, pathways, water channels, drains, side-drains etc. The final payment will be made only after getting the requisite certificate from the PIU for clearance of the site. • Form committee at LSGD with the following members – Project Director, Supervision Consultants, State level Officials from Revenue, Tribal, Women and Child, Labour, Revenue. Ensure presence of designated Social Specialist at PMU as principal coordinator for GRM to formally sort, review, record, process and report on Grievance Redressal. • Continue ‘Public Information Boards’ at project roads displaying the details of contact persons/agencies for lodging the grievance/complaint. • Develop the systems, formats to record and report. • Train the officers on the GRM handling • Ensure information on GRM to the communities during DPR preparation 26 Annexure I : Disclosure Formats of RPF-TDF Information to be Responsibl Project Stage How to disseminate Location Target Group disseminate e d Prioritization After Display of list and maps at Gram Selection of Details of Gram Panchayat/Municipali Village/town/trib Roads the selected ty Office PMU Panchayat/Municipality Office al Community roads (Format 1) Planning Overview of Village/Municipality Village/town/trib project with meetings/tribal al Community Prior to salient Distribution of Brochures settlement/markets/ finalization of PMU features, (Format 2) alignment Local newspaper implementin g agency Prior to Public Announcements Village/wards of Village/town/trib Transect (Format 3) Municipalities/Tribal District al Community settlement PIU Walk Pamphlets/Posters (Format 4) During Guidance Village/Municipality Village/town/trib Transect Note for meetings/tribal District al Community Transect Pamphlets/Posters (Format 5) settlement/markets Walk PIU Walk After Outputs Display of Transect Walk Village/ Municipality Village/town/trib finalization of from Maps and list of Issues meetings/tribal District al alignment and transect (Format 6) settlement/markets PIU Community/PAP minimization walk s Pamphlet/Display of list of including 27 of impacts modification PAPs s, (Format 7) community suggestions, list of impacts and PAPs Notices of Individual Village/Municipality Process of Landowners (Format 8) meetings/tribal Voluntary Prior to settlement/markets Notice to Entitled Persons District Voluntary Donation, PAPs and EPs (Format 9) List at Gram PIU land donation Entitlements Panchayat/Municipali Framework ty office Implementati on Village/ Municipality Prior to Pamphlets/Announcement/Not meetings/tribal initializing Sub-Project ice settlement/markets District Community, construction Details Onsite information PIU PAPs works Boards (Format 10) Boards Format 1: Details of Core Network along with MAP (after approval of Core Network) State: District: Bloc Wheth Typ k er e of Estimat Corrid Link Village Name and Code damag Roa ed Na or Route/N Populatio n /Municipality ed or d length me Name o. not wor (kms) & k during 28 Cod floods e Beneficia Fro T Tot S S ry m o al C T Village The map for the selected roads should clearly communicate Administrative Boundaries (District/Municipality/Block/Tehsil/Village) Link Route and Length Name of connected habitations Responsible Agency/Person: PIU (EE/SE), District Panchayat (Zila Pradhan), Municipality (Chairman and members)/ Gram Panchayat (Sarpanch and other members) 29 Format 2:ProjectDetails Brochure Responsible Agency/Person: PIU (AE/JE), Municipality (Chairman and Members) Gram Panchayat (Sarpanch and other members) INFORMATION ABOUT IMPLEMENTING AGENCIES Department: ________________________________________ Address: ___________Tel.: ___________E-mail ____________ Contact Person: ______________________________________ Department:__________________________________________ Address: ____________________________________________ Contact Person: ___________________Tel. No. ____________ What is a Damaged Road 30 Why is the roads being built? Why was the road selected? The Road was damaged during the floods and access to settlements is limited. Road connectivity plays a key role in securing poverty alleviation by providing easy access to marketing centers for agricultural produce at lower transportation cost resulting in higher price realization and consequently increasing rural income. It further increases access to education, healthcare, employment opportunities and improving standard of living of the population. 31 Where are these roads being built? Who will build these roads? What is the meaning of PIU? Where are these roads being built? In the state, the LSGD would finance the works through the World Bank in 8 districts. The connectivity to settlements areimpacted by the floods. Who will build these roads ? In the state, the LGSD is implementing the project. The (Department) has set up a Project Implementing Unit (PIU) for this purpose at the district level. What is the meaning of PIU? PIU is the short name of "Programme Implementing Unit". This includes Senior officers from LSDD(Department), other officers, engineers etc. PIU will work in consultation with PRI (Panchayati Raj Institutions) and Municipality. 32 Who will finance this project? What is World Bank? Who will finance this project? The state will finance through the World Bank. In the 8districts of state the project is being implemented with loan from World Bank. What is World Bank? World Bank is an international organization, which gives loan for development purpose to the governments all across the world. 33 How are the project roads selected? How are the project roads selected? The selection of roads is based on the extent of damage to restore connectivity. How to get the map of selected Roads? Copies of the selected roads for the public is available at the Zila Panchayat/Municipality offices/Tribal settlement. Salient features of the selected roads will be displayed at the notice boards of the District Panchayat, concerned Gram Panchayats, Municipalities/Tribal settlement. What are the prerequisites for building the roads? Donation of Land 34 What are the prerequisit es for building the roads? It is necessary to have sufficient land for building the road. In case of sharp curves extra land may be required to ensure the safety of the road users. Donation of Land In case the land is required, the communities may donate part of their land for the project. Whic h land will be requi red? 35 What are the possible types of impact? Which land will be required? The land required for the project will be nominal. Wherever the revenue tracks already exist, it will be converted into all weather road. Thus the impact on land, houses, shops etc will be minimal. Extra land will be required where the existing revenue track is narrow or there is need to improve the curve or provide slope protection works. What are the possible types of impact? • Land may be required for road building or widening, • Farming, shops etc may be required to shift away where the road is to be built, • If house is located at the place where road is to be built, it may have to be shifted. • Trees may have to be cut and private /public utilities may have to be shifted You are eligible for 36 assistance if ! You are eligible for assistance if: You belong to the following categories: • BPL households (with a valid proof), as per the State poverty line for rural areas; • Women headed households with women as sole earner • Scheduled Caste/Scheduled Tribe and • Handicapped person, and you are subjected to any of the following impacts: o Loss of land (more than 10% of the total land holding), o Loss of shelter and, o Loss of source of livelihood. Suggested Measures for Addressing 37 various Impact Categories Suggested Measures for Addressing Various Impact Categories • Land: Voluntary donation/Compensation as per LA Act specific to state. Assistance/Support by the community only for vulnerable groups through: (i) Alternate land sites provided by GP/Municipality (ii) Assistance or support by Municipality and Panchayat and (iii) Inclusion as beneficiaries in state income generation/skill development programs . • Structures: Assistance/Support for asset creation by Municipality and Panchayat . • Livelihood: Inclusion as beneficiaries in central/state income generation/skill development programs . Common Property Resources: Municipality/GP/community with technical inputs from PIU either relocate or construct assets; Consultations with the concerned sections of the community in case of grazing land etc. Non-titleholders: Advance notice to removal of assets/standing crops and subsequent clearance if it has minimal impact; Involvement of Municipality/GP/community in sensitization and clearance of encroachments. Assistance to vulnerable NTHs How community can contribute? 38 How community can contribute? The project encourages community involvement to make them accountable in the success of the entire project. The community will participate directly or in coordination with PRIs/Municplaities for the following: • Finalization of alignment • Facilitate identification of issues and concerns • Suggest measures for mitigating impacts including impacts on eligible vulnerable groups • Donating land and earth for the project, if required. • Providing labor, water and camp site for construction activities • Redressing grievances at individual / community level • Providing assistance to the contractor to ensure speedy implementation. • Giving Feedback on the project in terms of timing and quality • Avoiding damage to the road during post construction stage and encroachment What happens when there is resentment from the communities? 39 What happens when there is resentment from the communities? The roads will be built to rehabilitate connectivity to settlements. The PIU shall take up roads, only after the Municipalities/PRIs work out suitable mechanisms at the village level to resolve issues pertaining to land requirements for the project. Addressal of Public Grievances Addressal of Public Grievances During the Planning stage a group of people will conduct Transect Walk. During the walk, the members of PIU will talk to the villagers, give them information, receive information from them and will try to understand their problems. Besides this they will also take suggestions for solutions to above problems. The PIU to intimate the PRI/Municipalities at least a week prior to the transect walk. The intimation to the public shall be in the form of a formal notice at the Village Panchayat building. The information will include the date, time and place of the transect walk. What will happen if there are grievances even after the Transect Walk? 40 What will happen if there are grievances even after the Transact Walk? The information on the Toll-Free GRM number will be disseminated and displayed at all project roads for communities to register the complaints. It will be tracked and monitored to be resolved within 15 days from the time of registration How to get information about the project? 41 How to get information about the project The PIU will give information at every stage of the project. The information about the plan of road could be obtained from the Gram Panchayat/Municipality/Tribal Settlement. The Gram Panchayat/Municipality/Tribal Settlement will maintain a list of all the documents related to the project. Copy of which could be obtained from the panchayat office. After the finalisation of alignment the information could be obtained from both Municipality/Village Panchayat and District Panchayat, Project Implementation Unit. The official web site of the LSGD will provide the detailed project information at the national, state and district levels. Format 3 : Public Announcements (Prior to finalization of alignment/transect walk) • What is the Project and its salient features • Benefits • Which Agencies are involved • What if resentment from community • Need for additional land through Voluntary Land Donation • Likely Impact and Entitlements • Date of Transect Walk 42 • Alignment Details along with map of alignment displayed • Contact Person and Address (PIU and Municipality/PRI) Responsible Agency/Person: PIU (AE/JE), Municipality (Chairman and members) Gram Panchayat (Sarpanch and other members), Community Development Officer Format 4 : Alignment Details for Disclosure (Prior to Finalization of Alignment/Transect Walk) District: Municpality/Tehsil: Block: Name of Project Corridor: Total Length (km): 43 Connected Settlements: • Starting Node/km: • Ending Node/km: Population Benefited Total Directly Indirectly Implementing Agency: Name of Contact Person and Address: Responsible Agency/Person: PIU (AE/JE), Municipality (Chairman and members) Gram Panchayat (Sarpanch and other members), Community Development Officer, Revenue officer Format 5: Guidance Note for Transect Walk (During finalization of alignment/transect walk) • Sensitising the community about the sub-project and design compulsions • Route Alternatives • Inventorisation of Environmental and Social Features (Trees, Water bodies, Grazing lands etc.) • Inventorisation of Utilities (Electric Pole, Hand-pump, Wells etc.) • Requirement of Land/Availability of sufficient Land • Locations where extra land will be required Land Ownership/Land Categories Private Land 44 Government Land Encroachments and Squatters Design Modifications Road Safety Protection of Cultural Properties Slope for vehicles to enter and exit the road Slope for cattle Crossing Induced Development Lay - by • Plantation • Process of Land Transfer • Profile of Project Affected Persons (PAPs) • Assessment of Social Impact (Land Structures, Cultural Properties etc.) Issues and suggestions of the local people Responsible Agency/Person: PIU (AE/JE), Municipalities (Chairman and members), Gram Panchayat (Sarpanch and other members), Community Development Officer, Revenue officer, Forest Department Representative 45 46 Annexure 2 : Methodology for Transect Walk A transect walk is suggested along the proposed alignment with the communities towards finalisation of the alignment. The transect walk shall be a participatory process organised by the PIU in co-ordination with the Municipality/Gram Panchayat and the revenue officials at the village level. The methodologies for the conduct of transect, the issues to be raised and recording of the same is described in this Annexure. A. What is a TRANSECT WALK? A walk along the suggested alignment by PIU with the communities, tribal settlements, Municipality, PRI and key informants to observe, to listen, and to ask questions which would enable identification of problems and collectively evolve solutions. The transect shall enable the PIU, to quickly learn about the social structure, issues pertaining to land, social impacts, soils, land use, and community assets and to triangulate data already available. Figures 1 to 4 of this annexure illustrate the recording of the transect on the village revenue maps. B. Planning and Preparedness for a TRANSECT WALK • The PIU to intimate the PRI at least a week prior to the transect walk. The intimation to the public shall be in the form of a formal notice at the tribal settlement, Municipality office, Village Panchayat building. • To provide information on the project, provide at least 25 copies of the handouts, describing the salient features of the project, including a description of the proposed improvements, land width required and the provisions of the resettlement framework. • Collect the revenue map from the Patwari and mark the suggested alignment. The list of landowners along the suggested alignment to be identified from the revenue records. • The tribal settlement, Municipality, PRI to select a group of people (key informants) who have good knowledge on physical resources of the village and who are willing to participate in the transect walk. • Discuss with the tribal, Municipality, PRI representatives on the basis of the revenue map the route to follow in the walk. Obtain the suggestions from the tribal settlement, Municipality, PRI representatives on the following questions o Where to start? o Where to end? o What to see? o At what time to start? o How long will it take? o Does the walk need to be split into sections? o When does the transect team stop? 47 • Provide contacts to the communities regarding the project information. These shall be through (i) Contacting the PIU official, and (ii) Elected members fo Municipality, Village Pradhan or Sarpanch • Distribute responsibilities for recording information among the members of the Municipality, PRI, Patwari and the key informants, for activities such as interviewing, time keeping, sketching and recording. Transect Walk shall stop when… Identification of key informants… • Community or individual has a concern • Old people • Impact on private land / structures • Women representatives • Impact on community land • School Teacher • Impact on Forests & sensitive areas • Community representatives /structures • Vulnerable Groups • Clearances of encroachers • Impact on standing crops • Ambiguity pertaining to land ownership C. Conducting a TRANSECT WALK • Based on the responsibilities assigned, the participants shall observe and record in detail all-important things on the revenue map and get as much information as possible from the villagers and the locals. When talking to the villagers, the PIU to feel free to use the six helpers: When? What? How? Where? Why? Who? • Make notes of all vital information gathered and draw sketches wherever necessary. The sensitive locations where additional efforts need to be taken during the design will be marked on the revenue map. • Travel slowly and patiently and try to understand the physical features and aspects related to social issues, land titles, in the affected area from different perspectives. Social Aspects … Environmental Aspects … 48 • Trees • Sites of additional land uptake • Forests if any • Encroachments and squatters • Drainage lines, rivers and water crossings • Land categories impacted • Irrigation water courses • Lands with traditional, customary rights • Water bodies • Population characteristics incl. vulnerable • Grazing lands groups • Utilities • Assessment of social impacts • Community facilities • Land • Schools • Structures (Residential/Commercial) • Hospitals • Other structures (Wells, Temples etc) • Major junctions and • Trees, standing crops • Seasonal markets or cultural • Common properties congregations • Livelihood and economic pportunities • The PIU representative to communicate to the participants on site, on the possible extent of improvements. The PIU shall provide adequate responses to the communities on: o Queries raised pertaining to environmental and social issues o Process of voluntary land donation o Working out possible alignment changes to minimise impacts o Standards to enhance safety of road users o All queries and concerns of the communities shall be recorded. D. Things to do After the TRANSECT WALK • After the completion of a transect walk, sit down in a suitable place with the villagers to have a discussion and recording of information and data collected. • Prepare an illustrative diagram of the transect walk on the revenue map using the information already gathered and get the information cross-checked by the community. • Prior to dispersing for the day, finalize a date for the formal consultation session to be conducted. 49 Inventory of environmental and physical features along the Marking centreline of the proposed alignment on the revenue alignment map Marking of land uses Assessment of available land width Identification of land categories and ownership status 50 Identification of sensitive locations as major junctions, cultural properties, Identification of locations requiring land width accretion water crossings, forests, locations with large number of trees. Identification of vulnerable persons 51 Annexure 3: Format for Recording Consultation District: Municpality/Village: Road No. Date: Road Name Time: Venue: Duration: ___________________________________________________________________ 1. Project Description _____________________________________________________________________ 2. Issues raised by the community and responses provided Issues: Response by PIU/PRI/Municipality: _____________________________________________________________________ 52 3. Key Issues (i) (ii) (iii) ______________________________________________________________________ 4. Conclusion by Municipality/PRI representatives Suggested Content of Consultation sessions… 53 The meeting duration shall be for about 1-1/2 to 2 hours and shall cover the following. All these steps of the consultation shall be recorded in the format I: The session shall start with a description of the project by the PIU officials to the community. The following information shall be covered: Overview of criteria for selection Involvement of Tribal Settlements/Municipalities/PRIs & communities in project planning, design and implementation Expectations of the project from the beneficiaries, the communities Outputs of the transect and how the concerns of the communities have been incorporated into the design, if not, why they have not been incorporated Provisions of the project as the Resettlement Framework provisions, mechanisms for voluntary land donation process etc Environmental issues in the project, Codes of practice Census survey Mechanisms for Grievances, implementation arrangements Involvement of communities / Muncipalities/PRI in tree plantation, managing inducedevelopment etc Likely construction schedule II : After the description of the project, suggestions from the community on the project and issues will be obtained. III : Responses to the issues raised will be provided by the PIU, PRI, Municpality duringthe meeting. For issues that require a visit to the site or involves certain engineering decisions, or consultations with other Government agencies, a date shall be committed for response to the same. The response shall be given by the PIU to the PRI within the specified date. IV : The PIU shall summarize the issues. V: Conclusion by the TribalsMuncipality/PRI representatives and attendance of the participants. 54 On a separate sheet mark the attendance at the meeting in the following format Community PIU/PRI/Municipality/Tribal settlements Name of Person and Village/Town/Tribal Signature Name and Designation of Official Signature Settlement of residence 55 Annexure 4 : Census Questionnaire Project Coordinator __________________________ ___ Household Identification number _____________________________ Plot no./Patta No./Khasra No. _____________________________ Head of Household (Name) _____________________________ Vulnerability (tick) SC ST Women HH Handicap BPL Others (whether belong to) If BPL, proof of BPL Ration Card Yes Card No. No Household size (No. of persons) ______________________________ No. of earning adult members (Nos) ______________________________ No. of dependents (Nos) Children Adults Agriculture Residence Commercial Other Nature of impact (tick) Agriculture Marginal <10% >10% =100% Extent of Impact (% total land holding including any other land parcels owned elsewhere by PAP) Size of residual holding (ha) ______________________________ Residence Plot size (sqm) ________________________ _______ Extent of impact (Full/Partial) _______________________________ Impacted Area (sqm) ______________________________ _ Yes No Residual plot viable (Yes/No) Yes No If yes Specify 56 If No, Alternate house site (if relocation reqd) Commercial establishments Plot size (sqm) ________________________________ Full Partial Extent of Impact (tick) Impacted Area (sqm) ________________________________ Yes No Commercial Plot viable (tick) If No, Alternate commercial site (if relocation required) Yes No If yes Specify Asset Loss Inventory assets lost (Trees, Wells, Handpump, CPRs, etc) ________________________________ Livelihood loss Yes No If yes Specify Alternate livelihood sources, other than mentioned above 57 Annexure 5: Model Format of Gift Deed/MoU/Affidavit THIS GIFT DEED IS EXECUTED ON THIS...………DAY OF...…………,20__ at....……………… by : Mr/Mrs............……………………. S/o /W/o........……………….,residing at ……………………………………………… ……………………… (herein after referred to as the DONOR which expression shall wherever the context so requires or admits, mean and include his/her successors, executors, administrators and assigns or anyone claiming through or under her) IN FAVOUR OF: ……………….Department, Government of…………… (hereinafter referred to as the DONEE which expression shall wherever the context so requires). WHEREAS the Donor herein, is the absolute owner of ____________ acre of land bearing khasra No./Plot number _______________________ in village/town __________________________Muncipality/block _______________, tehsil ________________________, and district __________________ which is more fully described in the Schedule hereunder and hereinafter referred to as the Schedule Property: WHEREAS the Donor, is desirous of gifting a portion the schedule property, a strip of land, …..m wide for a length of ….m req uired for laying the road (as delineated in the sketch appended to this deed by the letters ABCDEF absolutely and forever) to the Donee for the rehabilitation of the road and development of road in the village/town___________. NOW THIS DEED WITNESS AS UNDER: 1. In consideration of the benefit of the villagers and the public at large, the Donor hereby gifts in favour of the Donee the specified width of the above piece of land fully described in Schedule hereunder and delineated in the sketch appended to this deed by the letters ABCDEF absolutely and forever. 2. The Donor has this day put the Donee in actual physical possession of the said portion of the schedule property and the Donee has accepted the said Gift and has taken possession of the said portion of the Schedule Property, and has in token thereof signed this deed. 3. The Donee hereby commits that the extent of the proposed roads shall be strictly within the boundaries of the land gifted and shall not spillover into the residual holding of the Donor. In the event of any violation of the same or any damages to structure/assets outside the said portion, either by the Donee or the Contractor, the Donee shall be liable to compensate the Donor. SCHEDULE (Describe the property) All that piece and parcel of the property bearing No____________ in village __________________________ block _______________, tehsil ________________________, and district __________________ delineated in the annexed sketch by the letters.. IN WITNESS WHEREOF, parties above named have executed theses present s in the presence of the witnesses attesting hereunder on the day, month and year first above written. WITNESSES: 1. D O N O R 2. D O N E E NOTE: 1) Documents to be stamped with appropriate non-Judicial stamp. 2) To be registered as contemplated by the Indian Registration Act. 58 Annex A1 59 Annex A2 60 Annex A3 61 62 Annex B 63 ANNEX C RESETTLEMENT POLICIES AND LEGAL FRAMEWORK The Public Works Department of Kerala had prepared a project specific Resettlement Policy Framework 2012. Subsequent to the enactment Right to Fair Compensation and Transparent Land Acquisition and Resettlement and Rehabilitation (RFCTLAR&R) Act 2013, the Kerala State Roads Project II, implemented its’ provisions to compensated and resettlement and rehabilitation affected people . Lessons from the on-going World Bank’s KSTP II project, led the state government to develop state rules under RFCTLAR&R, Act 2013, to facilitate negotiated purchase of assets (2015) with enhanced package provided under the State level Resettlement and Rehabilitation Policy, 2017. For the Restructured project, the GoK has updated the Entitlement matrix to align with the RFCTLAR&R, state rules including the R&R Policy, 2017. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR), 2013 The RFCTLARR Act, 2013, provides for a transparent process and just and fair compensation to the affected families whose land is acquired or proposed to be acquired or are affected by such acquisition and provides for rehabilitation and resettlement of the affected families. The RFCTLARR Act applies to acquisition of land for a public purpose, as defined in the Act. The Act provides for consultation with and involvement of local self-government in undertaking a Social Impact Assessment (SIA). The SIA is reviewed by an Expert Group to assess if the potential benefits of the project outweigh the social cost and adverse social impacts. The Act provides for three methods of valuation and a solatium of 100% is payable on the market value of land multiplied by the factor and all immovable properties or assets, trees and plants. LEGAL AND POLICY FRAMEWORK OF KERALA The legislations and policy concerning the land acquisition and resettlement formulated and adopted by State Government of Kerala are discussed in the following section. The Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015 The Rules framed and notified by the Government of Kerala for the RFCTLARRR Act, 2013 details the process of SIA, public hearing and SIA report and social impact management plan. The consent requirement in the format specified is to be obtained during the SIA. The rules also explain the process of preparing and publishing the rehabilitation and resettlement scheme. The State Rules do not deviate from the RFCTLARRR Act 2013 and only provides the specifics for its implementation. Direct Purchase of land (Kerala Government Order 2015) In order to expedite and simplify the procedures of land acquisition for public purpose, Government of Kerala has passed Government Order Go(Ms) No. 485/2015/RD dated 23/09/2015 for land acquisition for public purpose. The objective states that the Government aims to ensure the following relief to the land losers through this policy. a. The land loosers are provided with just and reasonable compensation for land acquired, relieving them from the burden of approaching judicial forums for enhancement of compensation. b. Rehabilitation & Resettlement policy as provided in the Act along with additional packages including employment/ stake holdings in eligible cases according to the nature of the project. c. Disbursement of compensation before taking possession of land and ensuring Rehabilitation and Resettlement packages including infrastructural amenities as provided in the third schedule of the Act within 18 months of the date of publication of DD. d. Transparency in procedures and less negative impact ensuring the land losers that their socio-economic status does not fall below what it was before the acquisition. The GO specifies that “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01 / 2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/ policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy. 64 Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC)� State Resettlement and Rehabilitation Policy, 2017. The GO(Ms) No. 448/2017/RD, dated 29/12/2017 states that the Government of Kerala recognises the need to provide additional assistance to what is provided in the 2nd schedule of RFCTLAR&R Act 2013. It states that the R&R Policy is applicable all land acquisition in the State and by Direct/Negotiated purchase. Table No 1: Comparative Analysis of World Bank OP 4.12 on Involuntary Resettlement and RFCTLARR Act, 2013 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 Application of LA Applies to all components of the Section 2 Applicable to projects where government acquires land project that result in involuntary for its own use, hold and control, including PSU and for public resettlement, regardless of the source purpose; for PPP where ownership of land continues to vest with of financing. govt. private companies where 80% of land owners have given consent or 70% in case of PPP. Comment: Aligned with Bank’s requirements on initiation of consultation with community at inception stage Principle of avoidance Involuntary resettlement displacement Alternatives to be considered as Act in chapter II, Section # 4 (d) should be avoided where feasible, or says "extent of land proposed for acquisition is the absolute bare minimized, exploring all viable minimum needed for the project; and (e) says land acquisition at alternative project design. an alternate place has been considered and found not feasible. Comment: Aligns with Bank’s requirements to minimise impacts Linkages with other projects No such provision Act mentions avoidance of multiple displacements 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. Comments: In case land is required for associated projects, then the provisions of the Act will be applicable. Application of R&R Same as above In addition to the above, Section 2(3) land 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. Comment: Irrespective of the acquisition of land under any other law, the R&R will be extended to the affected under the Act. Affected area Involuntary take of land resulting in Section3(b): Area notified for acquisition’ 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. 65 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 Widows, divorcees, abandoned women will be considered as separate family. Comment: It aligns with Bank’s requirement on the definition of family as the unit for entitlement Affected family for eligibility Section 3 (a): whose land and other 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 (c)Scheduled tribes and other forest dwellers whose rights have formal legal rights or do not have recognized under the Forest Dwellers Act 2006. 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. Comment: It aligns with Bank’s requirement to extent support to all those dependent on the land acquired Cut-Off date Date established by the borrower and Section 3 c (ii), (iv) (vi): Families residing for preceding 3 yrs or acceptable to the Bank. In practice it is more prior to “acquisition of land�. the date of census. Comment: Bank recognises the census as the cut-off date for enumerating the affected. For the project, the cut-off date is the census. Non-application Stand-alone SIA for all Section 6(2): Irrigation projects where EIA is required under of Chapter II Investments other laws, provisions of SIA not applicable. SIA may be exempted by Government in case of urgency provisions Comment: The provision of exemption is only in case of emergency such as for defence purposes. Consultation – Consultation a continuous process Section 4(1) date issued for first consultation with PRIs, Urban Phase I during during planning and implementation local bodies, Municipalities, etc to carry out SIA. preparation Section 5: Public hearing of SIA in affected area. Provide adequate publicity of date and time. Comment: The consultation is mandatory during the SIA, and after disclosure of draft management plan which aligns with Bank’s requirement Time duration to prepare SIA Draft Social Assessment, Section 4 (2): within six months from the date of its and SIMP Resettlement Action Plan commencement. and or Social Management Framework Comment: It aligns with Bank’s requirement wit h the Act stipulating the maximum time limit for the SIA to be completed Disclosure – To be disclosed before appraisal and Section 6(1): Translated in local language available in PRI Stage I 120 days before board date. institutions and local urban government bodies; district administrative offices and websites of concerned government agency. Comment: It aligns with Bank’s requirement to disclose document in local language and culturally appropriate at all public places Formation of Expert Group to Appraised by Bank staff Section 7(1): Constitute a multi-disciplinary Expert Group appraise SIA and SIMP include members of decentralized govt. Institutes (PRIs, ULBs). Comment: A third party review of the SIA and SMP is carried out Time stipulated for Group to Before the decision meeting for Section 7(4): Submit its report within two months from the date submit its report appraisal of its constitution 66 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 Scope of work of Social Assessment, resettlement action Section 7 (4) (a&b): assess whether it serves any public purpose the Expert group Plan or not; if social costs outweigh potential benefits then should be reviewed and appraised abandoned; by Bank staff and 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. Comment: It aligns with Bank’s requirement to minimise impacts, assess alternative and include the cost of SMP in the project cost. Consultation – In practice consultation Section 2 (2): Prior consent of 80% and 70% of land owners in Phase II during appraisal workshops are organized PPP and where private company has approached the govt. to in project affected areas at district and acquire balance land has been obtained state level. Comment: Special provision to hold consultation in case of PPP project is mandatory prior to initiation of SIA. Disclosure – Information dissemination through the Section 7 (6): recommendations of expert group under 7(4&5)to Stage II planning and implementation be made public in local language in district and block administrative office and PRIs Comment: Aligns with Bank’s requirement to ensure that the stakeholders provide feedback on the draft report Minimize impact on multi- Select feasible design that has minimal Section 10: In case irrigated multi-crop land is to be acquired crop land adverse impact. under exceptional 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. Comment: Aligns with Bank’s requirement to ensure that the impact is minimal Information dissemination of Continuous part of the preparation and Section 11 (1), (2) & (3): Notice published in local language and preliminary notice participation meetings called of gram sabahs, municipalities to provide full information about the purpose of the project, summary of SIA and particulars of administrator appointed for R&R’ summary of R&R scheme. Comment: Aligns with Bank’s requirement for continuation engagement with the affected people Updating land records To be part of RAP Section 11 (5): Once established that the land is required for public purpose, accordingly notice to be issued under section 19 following which land records to be updated within two months. Comment: Aligns with Bank’s requirement to identify the all interested parties which is possible to be established after the land records are updated Census and preparation of To be part of RAP Section 16 (1) (2): carry out census of affected people and their R&R schemes assets to be affected, livelihood loss and common property to be affected; R&R scheme including time line for implementation. Comment: Aligns with Bank’s requirement to enumerate all affected and extent of loss for compensation and R&R. Information dissemination and Section 16(4)&(5): mandatory to disseminate information on Public hearing - Stage R&R scheme including resettlement area and organize public III hearing on the Draft R&R scheme in each Gram Sabha, Municipality and consultations in Scheduled area as required Consultation throughout the process is under PESA. mandatory Comment: Aligns with Bank’s requirement to hold specific consultations with the Scheduled Tribe. Approval of R&R Section 17 & 18: Draft R&R Scheme to be finalized after Scheme addressing objections raised during public hearing and approved. Comment: Aligns with Bank’s requirement on consultation to 67 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 address any objections that may be raised at different stages of acquisition Final declaration Approved RAP including budgetary Section 19 (2): Only after the requiring body has deposited the of R&R Scheme provisions to implement it money will the govt. issue the notice along with 19(1). Comment: Aligns with Bank’s requirement to ensure that resources are allocated for compensation and R&R cost. Time period stipulated. Included in RAP – Time line Section 19 (2): the entire process to update land records, synchronized with Government’s disseminate information, preliminary survey, census, hearing of procedures objections, preparation of R&R schemes and approval, deposit of or adopts innovative methods to money must complete within 12 months from the date on which reduce the time which is based section 11, the preliminary notice issued. operated on the principles of participation and transparency. Section 19 (7): If the final declaration not made within 12 months of section 11 (1), the process will lapse, except under special circumstances. Comment: Aligns with Bank’s requirement to prepare the SMP, hold consultation and declare the award and within a stipulated timeframe Preparation of land acquisition Section 20: Land marked, measured for preparation of plans Included in RAP. acquisition plans. Comment: Aligns with Bank’s requirement to include the acquisition plans in the SMP/RAP 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 made not less than one month and not more than six month from the date of issue of section 21(1). Comment: Aligns with Bank’s requirement to extend the compensation and R&R package to all affected Time period stipulated for Section 25: It is required to announce the award within 12 declaring the award months of issue of Section19 (final declaration to acquire land, 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. Comment: By stipulating a time frame for declaring awards is critical for completing the entire process of LAR&R prior to handing over encumbrance free stretch for civil works. LA Act 1984 deem to lapse Section 24: where award is not declared under section 11, or and RFCTLAR&R is where made five years ago but land not taken in possession or applicable where award declared but money not deposited in the account of majority of beneficiary. Comment: Aligns with Bank’s requirement to avoid acquisition of land which is not required. Methodology for determining Full replacement Cost Section 26 and First Schedule: Recognizes 3 methods and market value for land whichever is higher will be considered which will be multiplied by a factor 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. Comment: Aligns with Bank’s requirement to pay full replacement cost Valuation of structures Full replacement Cost Section 29 (1) without deducting the depreciated value. Comment: Aligns with Bank’s requirement to pay full replacement cost for structures Solatium and Section 30(1) 100% of the compensation amount Interest 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. Comment: Aligns with Bank's requirement to provide additional support in case of acquisition 68 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 R&R Award Total cost included in RAP to resettle Section 31, Second Schedule: A family as a unit will receive and rehabilitate the affected persons R&R grant over and above the compensation and those who are and assist in their efforts to improve not entitled to compensation. their livelihoods and standards of living or at least to restore them, in Second Schedule: Homeless entitled to constructed house, land real terms, to pre displacement levels for land in irrigation projects in lieu of compensation, in case of or to levels prevailing prior to the acquisition for urbanization 20% of developed land reserved for beginning of project implementation, owners at a prices equal to compensation’ jobs or onetime whichever is higher payment or annuity for 20 years’ subsistence grant, transportation, land and house registered on joint name husband and wife, etc Comment: Aligns with Bank’s requirement to provide assistance to improve the livelihood of the affected and providing shelter to the homeless. Transparency Section 37(1): Information of each individual family including loss, compensation awarded, etc will be available on the website. Comment: The mandatory provision of disclosure of draft SIA/SMP for consultation and the final list fo affected, their losses meets the requirements of the Bank to ensure transparency Possession of Taking of land and related assets may Section 38(1): Land will be taken over by the government within Land take place only after compensation has three months of compensation and 6 months of R&R benefits been paid and, where applicable, disbursed; infrastructure facilities at resettlement sites will be resettlement sites and moving completed within 18 months from the date of award made under allowances have been provided to the section 30 for compensation; in case of irrigation and hydel displaced persons. projects R&R completed six months prior to submergence. Comment: Aligns with Bank’s requirement to provide all basic facilities at relocation site Multiple Section 39: Additional compensation equivalent to compensation displacement determined will be paid to displaced Acquisition for emergency Not permeable in bank funded projects Section 40 (5): 75% additional compensation will be paid over purpose and above the compensation amount Prior consent before Mandatory to carry out Free, Prior, Section 41(3) Mandatory to get consent from Gram Sabha, acquisition and alienation Informed Consultation with Panchayat, Autonomous Councils in Scheduled areas Indigenous people. Comment: Aligns with Bank’s requirement on FPIC Development plans for SC Indigenous Peoples’ Development Section 41: Separate development plans to be prepared, settle and ST plan required along with RAP. land rights before acquisition; provision of for alternate fuel fodder, non-timber produce on forest land to be developed within 5 years; 1/3rd compensation amount to be paid as first instalment Land for land for is an option across and rest at the time of taking possession; ST to be resettled within all sectors. 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 Comment: Aligns with Bank’s requirement to develop separate plans for the Scheduled Tribe Institutional Institutional arrangement must be Section 43-45: Appointment of administrator, R&R arrangement agreed upon and included in RAP, Commissioner, when more than 100 acres of land is to be IPDP. acquired, R&R Committee will be formed at project level, social audit to be carried out by Gram Sabha and Municipalities. Comment: Aligns with bank’s requirement and stipulates the entire Institutional mechanism for LAR&R. 69 Topics/Issues/Areas World Bank OP4.12 RFCTLAR&R 2013 Change of land use Section 46(4): Land will not be transferred to 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 Monitoring Evaluation system included in RAP Committee to review and monitor progress and IPDP Comment: Aligns with Bank’s requirement on concurrent monitoring Authority to settle claims Section 51-74: the appropriate Government 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 acquisition and R&R, the aggrieved party can move to the high court thereafter. Exempt from tax Section 96: Compensation and agreements will not be liable to and fee tax and stamp duty. Comment: Aligns with Bank’s requirement to provide additional support to improve livelihood of the affected people No change in status of land Section 99: Once the land is acquired for a particular purpose, its acquired purpose cannot be changed Return of unutilized land Section 101: If the acquired land remains unutilized for 5 years, then it will be returned to original owner, heir or included in land bank Distribution of increased Section102: 40% of appreciated value of acquired land will be value of land transferred distributed to owners provided no development has taken place. Comment: Aligns with bank’s requirement to extend proje ct benefits to the affected people DEFINITIONS AND ELIGIBILITY CRITERIA FOR VARIOUS CATEGORIES OF DISPLACED PERSONS The definitions provided below are as per Chapter 1 Section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR). Admi An officer appointed for the purpose of rehabilitation and resettlement of affected families nistr under sub-section 1 of section 43 of the RFCTLARR Act 2013 ator Affec Such area as may be notified by the Appropriate Government for the purposes of land ted acquisition Area Includes: A family whose land or other immovable property has been acquired; 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 or artisans 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’ 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 Rights)Act, 2006 due to acquisition of land; 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 boatmen and such livelihood is affected due to acquisition of land; Affec A member of the family who has been assigned land by the State Government or the Central ted Government under any of its schemes and such land is under acquisition; Fami A family residing on any land in the urban areas for preceding three years or more prior to the ly acquisition of the land or whose primary source of livelihood or three years prior to the acquisition of the land is affected by the acquisition of such land. 70 Means: In relation to acquisition of land situated within the territory of a State, the State Government; In relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; Appr Provided that in respect of a public purpose in a District for an area not exceeding such as may opria be notified by the Appropriate Government, the Collector of such District shall be deemed to be te the Appropriate Government Gove rnme nt Means the Collector of a revenue district, and includes Deputy Commissioner Colle And any officer specially designated by the Appropriate Government to perform the function of ctor a Collector under the RFCTLARRA 2013 Com Means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) missi of section 44 of the RFCTLARRA 2013 oner Includes: Amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court; Demurrage to be paid for damages caused to the land and standing corps in the process of acquisition Cost of acquisition of land and building for settlement of displaced or adversely affected families; Cost of development of infrastructure and amenities at the resettlement areas; Cost of rehabilitation and resettlement as determined in accordance with the provisions of the RFCTLARR Act 2013 Cost Administrative cost for (a) acquisition of land, including both in the project site and out of the of project area lands, not exceeding such percentage of the cost of compensation as may be Acqu specified by the Appropriate Government; and (b) rehabilitation and resettlement of owners of isitio the land and other affected families whose land has been acquired or proposed to be acquired or n other families affected by such acquisition; Cost of undertaking Social Impact Assessment Study Displ Means any family, who on account of acquisition of land has to be relocated and resettled form aced an affected area to the resettlement area Fami ly Includes a person, his or her spouse, minor children, minor brothers and minor sisters depended Fami on him: provided that widows, divorces and women deserted by families shall be considered ly separate families Holdi Means the total land held by a person as an owner, occupant or tenant or ng of Otherwise Land Land Includes benefits to arise out of land, and things attached to the ear orpermanently fastened to anything attached to the earth Means such persons or class of persons who may be: Considered or specified as such under any State law for the time being in force; or Land In a case of landless not being specified as above, as may be specified by the Appropriate less Government Includes any person: Whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or Any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law for the time Land being in force; or Own Who is entitled to be granted Patta rights on the land under any law of the State including er assigned lands; or 71 Any person who has been declared as such by an order of the court or Authority Marg means a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding inal up to one-half hectare; Far mer Smal means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land l holding up to one hectare, but more than the holding of a marginal farmer. Far mer Local Includes a town planning authority (by whatever name called) set up under any law for the time Auth being in force, a Panchayat as defined in article 243 and a Municipality as defined in article ority 243P of the Constitution Mar Means the value of land determined in accordance with section 26 of the RFCTLARRA 2013 ket Valu e Means: All persons claiming an interest in compensation to be made on account of the acquisition of land under the RFCTLARRA 2013 The Scheduled Tribe and other traditional forest dwellers, who have lost any forest rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Perso Forest Rights) Act, 2006; n A person interested in an easement affecting the land; Inter Persons having tenancy rights under the relevant State laws including share-croppers by ested whatever name they may be called; and Any person whose primary source of livelihood is likely to be adversely affected; Means: All persons claiming an interest in compensation to be made on account of the acquisition of land under the RFCTLARRA 2013 The Scheduled Tribe and other traditional forest dwellers, who have lost any forest rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Perso Forest Rights) Act, 2006; n A person interested in an easement affecting the land; Inter Persons having tenancy rights under the relevant State laws including share-croppers by ested whatever name they may be called; and Any person whose primary source of livelihood is likely to be adversely affected; Reset Means an area where the affected families who have been displaced as a tleme result of land acquisition are resettled by the Appropriate Government nt Area Sche Means the Scheduled Areas as defined in section 2 of the Provision of the Panchayats dule (Extension to the Scheduled Areas) Act, 1996. d Area s Vuln Persons who are physically challenged, widows, persons above sixty years of age, below- erabl poverty line households and woman-headed household. e Pers ons ENTITLEMENT MATRIX Based on the above analysis of government provisions and WB safeguards policy, the following resettlement principles are adopted for this Project: (i) those who have formal legal rights to land lost in its entirety or in part; (ii) those who lost the land they occupy in its entirety or in part and have no formal legal rights to such land, but who have claims to such 72 lands that are recognized or recognizable under national/state laws; and (iii) those who lost the land they occupy in its entirety or in part and have neither formal legal rights nor recognized or recognizable claims to such land. Cut-off Date: For titleholders, the date of SIA notification [Sec 4(2)] of intended acquisition as per the provisions of RFCTLARR Act will be treated as the cut-off date, and for non-titleholders the start date of project census survey for the subproject will be the cut-off date. There will be adequate notification of cut-off date and measures will be taken to prevent encroachments/squatting after the cut-off date is established. Non-title holders who settle in the affected areas after the cut-off date will not be eligible for compensation. They however will be given sufficient advance notice (60 days) to vacate the premises and dismantle affected structures prior to project implementation. The project will recognize both licensed and non- licensed vendors, and titled and non-titled households. The displaced persons will be entitled to the following six types of compensation and assistance packages: (i) Compensation for the loss of land, crops/ trees at their replacement cost; (ii) Compensation for structures (residential/ commercial) and other immovable assets at their replacement cost; (iii) Assistance in lieu of the loss of business/ wage income and income restoration assistance; (iv) Alternate housing or cash in lieu of house to physically displaces households not having any house site; (v) Assistance for shifting and provision for the relocation site (if required),and (vi) Rebuilding and/ or restoration of community resources/facilities. An Entitlement Matrix has been developed, that summarizes the types of losses and the corresponding nature and scope of entitlements; and is in compliance with National/State Laws and World Bank safeguards policies. The following entitlement matrix presents the entitlements corresponding to the tenure of the displaced persons and the same has been approved6 and endorsed by Government of Kerala. Entitlement Matrix Sl. Impact Category Entitlements Implementation Guidelines No. PART I. TITLE HOLDERS - Compensation for Loss of Private Property 1 Loss of Land (agricultural, 1.1 Compensation for land at Land will be acquired by the competent authority in homestead, Replacement Cost or Land for land, accordance with the provisions of RFCTLARR Act, commercial or where feasible. 2013. otherwise) Replacement cost for land will be, higher of (i) market value as per Indian Stamp Act, 1899 for the registration of sale deed or agreements to sell, in the area where land is situated; or (ii) average sale price for similar type of land, situated in the nearest village or nearest vicinity area, ascertained from the highest 50% of sale deeds of the preceding 3 years; or (iii) consented amount paid for PPPs or private companies. Plus 100% solatium and 12% interest from date of notification to award. The multiplier factor adopted by GoK for land in rural area, based on the distance from urban area to the affected area, will be applied. In case of severance of land, house, manufactory or other building, as per Section 94 (1), the whole land and/or structure shall be acquired, if the owner so desires. 2 Loss of Structure (house, 2.1 Compensation at replacement cost The market value of structures and other immovable shop, building or immovable properties will be determined by PWD on the basis 73 Sl. Impact Category Entitlements Implementation Guidelines No. property or assets attached to of relevant PWD Schedule of Rates (SR) as on date the land) without depreciation. Plus 100% solatium For partly affected structures, the PAP will have the option of claiming compensation for the entire structure, if the remaining portion is unviable. PART II. REHABILITATION AND RESETTLEMENT – Both Land Owners and Families Whose livelihoods are Primarily Dependent on Land Acquired 3 Loss of Land 3.1 Employment to at least one member per affected family in the project or arrange for a job in such other project as may be required after providing suitable training and skill development in the required field and at a rate not lower than the minimum wages provided for in any other law for the time being in force. or One-time payment of Rs. 5,00,000/- for each affected household or Annuity policy that shall pay not less that Rs. 3000/- per month for 20 years with appropriate indexation to CPIAL 3.2 subsistence allowance of Rs. 5,000/- per month for a period of one year from the date of award for those who are displaced. 3.3 Transportation assistance of Rs. 50,000/- for affected households who require to relocate due to the project 3.4 One-time assistance of Rs.50,000/- to all those who lose a cattle shed 74 Sl. Impact Category Entitlements Implementation Guidelines No. 3.5 One-time Resettlement Allowance of Rs. 50,000/- for affected household who have to relocate 3.6 Additional one-time assistance of Rs. 50,000/- for scheduled caste and scheduled tribe families who are displaced from scheduled areas and who require to relocate due to the project 4 Loss of Residence 4.1 An alternative house for those who An alternative house for those who have to relocate, have to relocate, as per IAY as per IAY specifications in rural areas and a specifications in rural areas and a constructed house / flat of minimum 50 sq. m. in constructed house/flat of minimum urban areas or cash in lieu of house if opted (the 50 sq. m. in urban areas or cash in cash in lieu of house will be Rs.1,48,000/- in line lieu of house if opted (the cash in with GoI IAY standards in rural areas and lieu of house will be Rs.300,000/-). Rs.1,50,000 in case of urban areas). It will be for those who do not have any registered on joint title (man and women) homestead land and who have been residing in the affected area The benefits listed above shall also be extended to continuously for a minimum period any affected family which is without homestead of 3-years. land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaces from such area. 4.2 Employment to at least one Preference will be given to women member per affected family in the project or arrange for a job in such other project as may be required after providing suitable training and skill development in the required field and at a rate not lower than the minimum wages provided for in any other law for the time being in force. or One-time payment of Rs. 5,00,000/- for each affected household or Annuity policy that shall pay Rs. 2000/- per month for 20 years with appropriate indexation to CPIAL 4.3 Monthly subsistence allowance of Rs. 5,000/- per month for a period of one year to affected households who require to relocate due to the project 4.4 Transportation assistance of Rs. 50,000/- for affected households who require to relocate due to the 75 Sl. Impact Category Entitlements Implementation Guidelines No. project 4.5 One-time assistance of Rs. 25,000/- to all those who lose a cattle shed 4.7 One-time Resettlement Allowance of Rs. 50,000/- for affected household who have to relocate 4.8 Additional one-time assistance of Rs. 50,000/- to scheduled caste and scheduled tribe families who are displaced from scheduled areas and who require to relocate due to the project 4.9 Right to salvage affected materials 5 Loss of shop / trade / 5.1 Employment to at least one Preference will be given to women commercial structure member per affected family in the project or arrange for a job in such other project as may be required after providing suitable training and skill development in the required field and at a rate not lower than the minimum wages provided for in any other law for the time being in force. or One-time payment of Rs.5,00,000/- for each affected household or Annuity policy that shall pay Rs. 2000/- per month for 20 years with appropriate indexation to CPIAL 5.2 Monthly subsistence allowance of Rs. 5,000/-per month for a period of one year to affected households who require to relocate due to the project 5.3 Transportation assistance of Rs. 50,000/-for affected households who require to relocate due to the project 5.4 One time assistance of Rs. 50,000/- for each affected family of an artisan or self- employed or small trader and who has to relocate 5.5 One time Resettlement Allowance of Rs.50,000/- for affected household who have to relocate 5.6 Additional onetime assistance of Rs.50,000/- to scheduled caste and 76 Sl. Impact Category Entitlements Implementation Guidelines No. scheduled tribe families who are displaced from scheduled areas and who require to relocate due to the project 5.7 Right to salvage affected materials Employees in commercial 5.8 One time estbalishment allowance of Rs 6000 for six months for loss of livelihood PART III. IMPACT ON TENANTS Commercial 6.1 One time assistance for Rs 200,000 One adult women member of the affected household, whose livelihood is affected, will be entitled for skill development. Residential 6.1.1 One time shifting allowance RsOne adult women member of the affected 30,000. household, whose livelihood is affected, will be entitled for skill development. PART IV. IMPACT TO SQUATTERS AND ENCROACHERS – Those in the Right of Way or living on Perambok land 6 Impact to 7.1 Compensation for structure without Only those directly affected squatters who live there Squatters/encroachers depreciation will be eligible for all assistance. An alternative house for those who 7.1.1 have to relocate, as per IAY Structure owners in RoW / Government lands who specifications in rural areas and a do not live there and have rented out the structure constructed house/flat of minimum will be provided compensation for structure and no 50 sq. m. in urban areas or cash in other assistance will be provided to them. The lieu of house if opted (the cash in occupier (squatter-tenant) will be eligible for other lieu of house will be Rs.300,000/-). assistances for those who do not have any homestead land and who have been residing in the affected area continuously for a minimum period of 3-years. 7.1.2 Right to salvage the affected materials 7.1.3 Rs 5000 per month for six month. 7.2 Loss of Shop Only those directly affected squatters/encroachers 7.2.1 Compensation at scheduled rates who do business there will be eligible for all without assistance. depreciation for structure with 1- month notice to demolish affected Structure owners in ROW / Government land. structure 7.2.2 Right to salvage the affected materials 7.2.3 Rs 5000 per month for six month. 7.3 Kiosks / Street Vendors The PIU and the implementation support NGO / 7.3.1 1-month advance notice to relocate agency will consult such PAPs and assess the to nearby place for continuance of requirement of subsistence economic activity allowance and rehabilitation grant 7.3.2 For temporary loss of livelihood during construction period, a monthly subsistence allowance of Rs. 3,000/- will be paid for the duration of disruption to livelihood, but not exceeding 3-months 77 Sl. Impact Category Entitlements Implementation Guidelines No. Cultivation 7.4 2-month notice to harvest standing 7.4.1 crops or market value of compensation for standing crops 7 Impact to 7.5 Cultivation Market value for the loss of standing crops will be Encroachers 7.5.1 2-month notice to harvest standing decided by the PIU, PWD in consultation with the crops or market value of Agriculture or Horticulture compensation for standing crops, if Department notice is not given PART V. IMPACT TO VULNERABLE HOUSEHOLDS 8 Vulnerable 8.1 One-time assistance of Rs. 25,000/- One adult member of the affected household, whose Households to DHs who have to relocate livelihood is affected, will be entitled for skill development. The PIU with support from the NGO will identify the number of eligible vulnerable displaced persons during joint verification and updating of the RAP and will conduct training need assessment in consultations with the PAPs so as to develop appropriate training programmes suitable to the PAP’s skill and the region. Suitable trainers or local resources will be identified by PIU and NGO In consultation with local training institutes PART VI. IMPACT DURING CIVIL WORKS 9 Impact to structure /access to 9.1 The contractor is liable to pay The PIU will ensure compliance assets/ damages to assets / trees / crops in assets / tree / crops private / public land, caused due to civil works Contractor has to restore access to structures 10 Use of Private Land 10.1 The contractor should obtain prior written consent from the land owner and pay mutually agreed rental for use of private land for storage of material or movement of vehicles and machinery or diversion of traffic during civil works PART VII. COMMON PROPERTY RESOURCES 11 Impact to common 11.1 Relocation or restoration, if property resources feasible, actual cost upto maximum such as places of of Rs 100,000 for relocation of worship, community buildings, place of worship, relocation of all schools, etc. community assets by the contractor 12 Utilities such as 12.1 Will be relocated and services The PIU will ensure that utilities are relocated prior water supply, restored prior to commencement of to commencement of civil works in that stretch of electricity, etc. civil works. the road corridor in accordance with the civil works schedule. PART VII. UNFORESEEN IMPACTS Unforeseen impacts encountered during implementation will be addressed in accordance with the principles of RFCTLAR 2013 / World Bank Safeguards Policies. 3.1 FRAMEWORK FOR LAND ACQUISITION AND OTHER IMMOVABLE ASSETS (RFCTLARR 2013 AND DIRECT PURCHASE) The rehabilitation and resettlement policy is based on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The Government of Kerala has also enacted state-specific rules pursuant to the same i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2016. 78 3.1.1 Acquisition of private land through Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 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. - Requisition of Land by PWD The proposal for acquisition of any private land will be made in the formats prescribed by the enacted rules of the Kerala State Government on the RFCTLARR ACT 2013. These formats will include khasra maps, along with the details of area of land to be acquired. - 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 Resettl ement 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’. - 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. - Method of Valuation of Project Affected Areas 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. The Valuation method for compensation for land and structures and trees is given below: • Valuation of Land – Land will be acquired in accordance with provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and while determining the compensation for land, the competent authority will be guided by the provisions of Sec 26, Sec 27, Sec 28, Sec 29 and Sec 30 of RFCTLARR Act, 2013. The compensation includes the multiplying factor7 of 1.25-1.75 times on the land value being higher of the guideline value or average of higher 50% of sale dead rates for last 3 years or any rates consented for PPP or private projects. In addition 100% solatium for involuntary acquisition of land will be added. If the residual land, remaining after acquisition, is unviable, the owner of such land/property will have the right to seek acquisition of his entire contiguous holding/property. • Valuation of Structure - The replacement value of houses, buildings and other immovable properties will be determined on the basis of latest PWD Schedule of Rates (SoR) as on date without depreciation and 100% solatium will be added to the structure compensation. While considering the PWD SoR rate, PIU will ensure that it uses the latest SoR for the residential and commercial structures in the urban and rural areas of the region. Wherever the SoR for current financial year is not available, the PIU will update the SoR to current prices based on approved previous year escalations. Compensation for properties belonging to the community or common places of worship will be provided to enable construction of the same at new places through the local self- governing bodies like Village Panchayat/Village council in accordance with the modalities determined by such bodies to ensure correct use of the amount of compensation. Further, all compensation and assistance will be paid to PAPs at least 1 month prior to displacement or dispossession of assets. • Valuation of trees Compensation for trees will be based on their market value. Loss of timber bearing trees will be compensated at their replacement cost and compensation for the loss of crops, fruit bearing trees will be decided by the PIU in consultation with the Departments of Forest or Agriculture or Horticulture as the case may be. The valuation of fruit bearing trees will take into account the productive age of such trees. In line with the provision of 79 RFCTLARR Act 2013, 100% solatium will be added to the assessed value of the trees. Prior to taking possession of the land or properties, the compensation will be fully paid and PAPs will have the opportunity to harvest crops/trees within 1-month from the date of payment of compensation. Even after payment of compensation, PAPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that PAPs can take away the materials so salvaged within 15 days of their demolition; otherwise, the same will be disposed by the project authority without giving any further notice. Trees standing on the land owned by the government will be disposed of through prevailing practice by the concerned Revenue Department/ Forest Department. - 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 PAHs is examined and assistanc es 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. 3.1.2 Direct Purchase of land Under Section 108 of the Act, the Government of Kerala has also issued the Government Order which provides for the option of Direct Purchase The details are given below: In order to speed up and simplify the procedures of land acquisition for public purpose, Government of Kerala issued the GO, 2015 to facilitate negotiated settlement. Under this order, to negotiation with the land owners and reach consensus on compensation and rehabilitation by the District Collector. In case the option of direct purchase is exercised, following steps will be followed: • ProjecttoidentifylandparcelstobepurchasedandownersduringSIAinconsultation with the local revenueofficials. • Acommittee (The District Level Fair Compensation, Resettlement and Rehabilitation Committee)willbesetupaspertheexisting GovernmentOrder(GO). • The District Collector will verify the title deeds, non-encumbrance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired. • The District Collector will, within 7 days of the preliminary notification under section) 11, send the 'SIA Report and other relevant documents to the District Level Fair Compensation, Resettlement and Rehabilitation Committee. • The committee shall fix the parameters and shall define criteria for categorization of land as per the local needs to' fix land value and the same may be approved by the Committee. The Committee should take utmost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall rest only with the SLEC. • After categorization of lands, the base price of land will be as per the process mentioned in RFCTLARR Act, 2013 and taking into consideration the existing market value of the land make negotiation with the land owners and reach consensus with them on the final land value. • The Committee will finalize the estimate of a fair and reasonable price of land and compensation along with the Rehabilitation and Resettlement package to be given to the affected person/family. • SLEC may consider it on case to case basis. • If the District Level Committee is of the view that higher compensation is inevitable in view of the requirement of the project for speedy development, then the Committee headed by the District Collector may recommend up to 10 per cent enhanced compensation to State Level Empowered Committee headed by the Chief Secretary. • The SLEC may consider it on case to case basis. • On the date fixed as above the Collector shall explain the Policy to the affected family or affected person and give them estimate of the compensation and resettlement and rehabilitation package worked out under the policy. • The affected family or affected persons shall thereupon submit their consent to having their claims settled according to such law or policy of the State instead of setting the same under the Act. Provided that the affected' families or affected persons who earlier rejected the negotiated settlement may, by a written application to the Collector shall choose the option of the State policy at any time before passing the final award under Section 30 and/or section 31. • Upon receiving the consent of the affected person or affected family, the Collector shall finalize the conveyance of land in terms of the consent. • The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlement arrived between himself and the affected family or affected person. • The compensation or package received by the affected family or affected person shall not be income tax or any other levy. 80 • On completion of the conveyance the Collector shall take possession of the land immediately provided that the Collector may, on a written application by the affected family or affected person, accord sanction for extension of asking of possession of the land by a period not exceeding 30 days. 5. Road Map for Social Impact Assessment and preparation of SMP/RAP in accordance with the RFCTLAR&R and OP 4.12. As mentioned in the above sections, the mitigation plan for each sub-project will prepared by the Social Impact Units following the approval of the analysis of alternative and issuance of Section 4 of the RFCTLAR&R. The Content of the mitigation plan will include the following. Chapter Topics and Description Chapter 1 - Project Project Description Description Benefits of the Project Public Purpose Adverse Impacts • Overview of Affected persons, displacement, common Properties • Scope and Extent of Land Acquisition – bare minimum • Analysis of Alternatives – to be done in consultation with technical team • Cost Benefit Analysis Chapter 2 – Methodology for Social Impact Assessment and Resettlement Action Plan Methodology Objective of SIA Methodology for Census and Socio-Economic Survey – include Cut-Off Date, districts covered, number of villages etc. Methodology for Public Consultation – include information on number of consultations, dates and stakeholders Chapter 3 - Relevant Laws and Policies – brief outline of all relevant laws and policies. Ensure Resettlement that all state-specific rules, regulations, office orders etc. are mentioned Policies and Legal Framework World Bank Safeguard Policies – overview of OP/BP 4.12 Comparative Analysis of the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR-2013), and World Bank OP 4.12 on Involuntary Resettlement. Include comparison of relevant state-specific land acquisition law or regulation, if applicable Process of Land Acquisition and Other Immovable Assets – Provide a step-by-step outline of acquisition process along with timelines, responsible authority and statutory deadlines Chapter 4 – Principles of resettlement, compensation and entitlement Resettlement Policy Framework Entitlement Matrix Include provisions for titleholders and non-titleholders, loss of land and other assets, loss of structures (residential / commercial / others) common property resources, tenants, squatters, encroachers and vulnerable groups, assistance in case of displacement Chapter 5 - Socio- Introduction Economic Profile and Impact on Socio-economic profile of the Impacted Area People and Assets Impact on Assets and Extent of Impact - Impact on Land - Impact on Private Structures (residential, commercial, others). Type of construction - Impact on Common Property Resources (public, religious, government) - Loss of Other Assets (Trees, Crops, Livestock) Impact on People - Socio-Economic Profile of Project Affected Persons, including social category - Project Affected Persons and Project Affected Households (as per category of impact / 81 type of loss) including extent of loss - Displaced households - Vulnerable Households Chapter 6 - Stakeholder Consultations - Refer to relevant sections of RFCTLAR&R Act under Stakeholder which consultations were held and attach copies of all notifications and notices Consultations required under the Act as annexure (Section 2(2), Rule 13, Section 4(2) proviso 1, Rule 6(8), Section 5 and Rule 7) Stakeholders Consultation Analysis Matrix – For each category of consultations, providedetails of location and date of consultations, participants, issues discussed and status of resolution (outcome of issues which emerged during consultations) and photographs of each consultation. This can be in tabular form Consultations for Prior Consent (if applicable in case of PPP projects) – All details as above. Add relevant forms indicating consent as annexure Chapter 7 – Estimation of livelihoods / income affected – Add figures for affected persons / Livelihoods households based on socio-economic census Restoration Plan Livelihoods Restoration Plan – Include institutional mechanism, responsibility, budget and Action Plan with timeframe Refer to relevant provisions of the Entitlement Matrix dealing with livelihoods and ensure consistency Chapter 8 - Social Risks Matrix - Anticipated Impacts, Risks mapped with measures to avoid, mitigate Impact Management and compensate. Plan Measures can refer to relevant provisions from the RFCTLAR&R, Entitlement Matrix and other provisions under the project Include institutional mechanism, responsibility for the measures Chapter 9 – Gender Gender Profile – Include gender profile in project area. Include relevant data from Action Plan socio-economic survey. Specifically, mention number of women PAPs, women- headed households Analysis – Based on primary and secondary data provide analysis of key gender issues in the project area Action – Propose recommendations for actions which can be implemented as part of project interventions Indicator – Propose measurable indicators to monitor and evaluate Action Plan – Include institutional mechanism, responsibility, budget and Action Plan with timeframe Gender-Based Violence Risk – Provide context including data on partner/non- partner physical violence against women, Data and/or information on cultural practices vis-à-vis women (early marriage, physical practices); Existing gender country diagnostics/country action plans, Existing services available from GBV Services Providers, information on health centers available and accessible locally and other relevant information from consultations. Include World Bank GBV Risk- Assessment Tool assessment Chapter 10 - Labour Labour Law Compliance Action Plan - Overview of applicable Labour Laws and Policies - Labour Law Compliance Plan - Institutional matrix for labour law compliance Labour Influx Screening - Labour Influx screening including preliminary assessment of anticipated labour influx based on bid documents and discussions with contractor, if possible 82 - Labour Influx Management Plan including provision for Site-Specific Labour Influx Management Plan and Code of Conduct; include training and awareness plan for labour - Refer to World Bank Guidance Note Chapter 11 - Roles and Responsibilities of: Institutional and Implementation - Social Safeguards specialist at PIU level (and at field level, as required) Arrangements - RAP implementation team - Technical Supervision Consultant(s) - Contractor - Labour / Legal Officer (if required) Chapter 12 - Process flow for grievance redressal Grievance Redressal Mechanism Include implementation mechanism, budget, time-bound resolution, reporting, tracking and escalation of grievances Chapter 13 – Feedback Mechanisms; Plan for Consultations and Information Disclosure Citizens Engagement Plan Include implementation mechanism, budget, time-bound resolution, reporting, tracking and escalation of grievances Chapter 14 – Internal Monitoring Monitoring and Evaluation External Periodic Evaluation and Concurrent Monitoring Monitoring Indicators Reporting Requirements in MPR / QPR Chapter 15 – Budget Cost Estimate for Citizen Engagement, GRM, Training & Capacity Building, Allocation Income Restoration Measures, M&E and hiring of NGO for RAP implementation and other Social Staff. Methods of Calculation of Value of Land Cost of structures Cost of R&R Assistance Ensure that budget correlates the socio-economic survey data on PAPs with the Entitlement Matrix Annexures 1. Form 1- Request for Land Acquisition with supporting documents (Rule 3 & Form 1 Rajasthan LARR Rules, 2016) 2. Document evidencing publicity of public hearing for SIA (Section 5, Rule 7) 3. List of likely to be displaced families; List of infrastructure in the affected area; List of land holdings in the affected area; List of business or in the affected area; List of landless people in the affected area; List of disadvantage groups like Scheduled Cates or Scheduled Tribes, handicapped people in the affected area; List of landless agricultural labours in the affected area; List of prospective youth for employment in the affected area; and Socio- economic and cultural profile of the affected area and the affected families. (Rule 9) 4. Notice by Collector [Rule 18 (1)] 5. Preliminary Enquiry Report of the Committee constituted by the District Collector (Rule 4) 6. List of Notifications and Declarations - Notification issued under Section 4 (2) RFCTLARR and Rule 5 7. Declaration for Prior Consent under Rule 13/ Gram Sabha Resolution Table 1- Details for Census Survey & Inventory of Assets PAH details ID.no., Chainage (km),Name, Address (village, tehsil/block, district), Phone no, name of police station 83 PAHs Name with relationship, sex, age, marital status, education, physical/mental disabilities, Family Occupation - Primary, Secondary, skills, beneficiary of any other govt schemes details Social SC, ST (community/ name), Other Backward Community (OBC), General; Category Religion: Hindu/Muslim/Christian/Sikh/Jain/Buddhist and others Women Headed Household Economic BPL; APL category Livestock Category of livestock and number asset Asset Residential, Commercial, Mixed (C+R), Industrial, Petrol Pump, Farm House, Usage Government, Agriculture - Irrigated, un-irrigated; Orchard, Under construction, open land/plot, Plantation, Grazing, Religious, Community Assets, Graveyard and others (specify) Typology of Private, Govt., Trust, Temple, community and others ownership Status of Title holder (land owner, encroacher) non-title holder (squatter, tenant, leased, owner of sharecropper, kiosk/mobile vendors); Government; Panchayat Asset Structure Residential; Residential + Commercial; Commercial, Agriculture land, Orchard, Plantation homestead land; other structure, other (Trees, dug well, tube well, open well, water tap, water tank, hand pump, motor pump, boundary wall, barbed wire Type of fencing, cattle shed, temporary shed, washing place, shrine, temple seating around tree, Loss country stove, bathroom and others) Extent of Less than 10% of the total area; between 10-20%; 20-30%; 30-50% and 50% and above Impact of the total area Construction type of structure Wall (Brick, Mud, Bamboo, cane, Reed), Roof (Thatch, Tin, Asbestos, Tiles, RCC, affected Other), Floor (Mud, RCC, Tiles, Marble, Stone and others), others Type of Business (in case of commercial Refreshments, Service Industry, Retails Activity, Other services, Institutional, Industry, use) Manufacturing and Small Scale and others Major and 1. after acquisition able to continue farming/business in the unaffected land or structure Minor 2. willing to give up the residual land or structure to the project authority against suitable impact compensation/assistance 3.Plans to possibility to relocate outside the ROW 4. any other suggestions Relocation Employment during project construction or maintenance, alternative shop/residence, options training to improve the skill level, private land against land, self-relocation, other (specify) Agriculture Crop name, cropping pattern in a year (single/double/thrice), yield per acre, farmgate area (only price (Rs/quintal) affected crop) House hold Category of expenditure (food, education, cloth, local travel, leisure, health, cooking expenditure fuel, social functions, vehicle maintenance, out station travel) per month and annually 84 Debts Category of depts. (Crop/Agri loan, loan on assets, jewel loan, loan on vehicle, loan on education and personal loan) in rupees per month/annually House hold TV, refrigerator, two-wheeler, four-wheeler, telephone/mobile phone, food items processor/mixer/grinder, computer/laptop, air conditioner, air cooler, microwave oven, others House hold Electricity connection, water connection, gas pipeline/cylinder and others facilities Photo of Assets affected All assets in the affected area Table 2- Steps to taken for Consultations and Public Hearing Consultations with Affected Households for Prior Consent [Section 2(2) RFCTLARR and Rule 13] Duty of Collector • Necessary steps taken by Collector to resolve standing issues for updating land records, title and other revenue records in affected areas to identify names of landowners for prior consent • Special drive for updation completed within 2 months as per RFCTLARR • List of affected landowners whose consent is required made available in affected areas in the form of posters, handouts and displays in conspicuous place in affected areas at least 15 days before meeting Consent of Gram Sabha • Meeting of Gram Sabha convened by District Collector • Notice for call of meeting of Gram Sabha issued as per format in Form No. 6 • Venue date and time of meeting notified three weeks in advance • Public awareness campaign done to ensure maximum attendance in meeting • Elected representatives of Gram Panchayat / Municipality/Municipal Corporation Wards notified of date, time and venue of meeting • Members of SIA team present at the meeting • At least one-third of the total women members of the Gram Sabha notified of the meeting at least three weeks prior to the date of the meeting • Printed copies of proposed terms and conditions for compensation, rehabilitation and resettlement (including initial package) for proposed acquisition made available in Malayalam at least 3 weeks prior to Gram Sabha meeting • Copy of draft Social Impact Assessment Report (if available) made available to all members in local language at least 3 weeks prior to meeting • A list of rights enjoyed by the village and its residents under revenue laws, Forest Rights Act and other legislations shared with all members at least three weeks prior to the meeting • Written statement of District Collector (certifying no consequences for denying consent) and contact details of relevant authority provided to all members at least 3 weeks prior to the meeting • A quorum of at least 50% of the total members of the Gram Sabha attended the meeting • Meeting attended by representative of Requiring Body competent to take decisions and negotiate terms of compensation, Rehabilitation and Resettlement • Presentation on detailed information about land proposed to be acquired done by Sarpanch/Collector • Terms and conditions of compensation, Rehabilitation and Resettlement explained in local language • Collector attended meeting and ensured proper conduct of proceedings • Names and signatures of members who attended collected in prescribed format • Signatures of members and Representatives of Requiring Body obtained on the Terms and Conditions of Compensation, Rehabilitation and Resettlement • After deliberations, Gram Sabha passed resolution with majority as per Form 7 giving consent • Resolution contains negotiated terms and conditions for compensation, rehabilitation and resettlement, impact management and mitigation as agreed by Requiring Body and signed by District Collector • Resolution Counter signed by District Collector or designated officer • Signed copy of Resolution handed over to Panchayat representatives • Record of proceedings at meeting documented in writing and certified copy annexed to consent • Record of meeting (in writing and video) made available in respective Panchayat office • Record of meeting (in writing and video) uploaded on website of State Government Consent of Affected Landowners • List of all affected land owners whose consent would be requires prepared by Collector in consultation with SIA team • Such list made available (as per Form No. 8) in affected area through conspicuous display, handouts and posters for at least ten days before obtaining consent • In case of objections, consent sought with reasons recorded in writing and conveyed to objector within ten days • Date, time and venue of meeting with affected landowners fixed by Collector in consultation with representatives of Gram Panchayat or District Panchayat or Municipality • Printed copies of proposed Terms and Conditions of Requiring Body for compensation, rehabilitation and resettlement (including initial package) made available in local language at least three weeks prior to the meeting with affected landowners as per format in Form 9 85 • Copy of draft Social Impact Assessment Report (if available) made available to all members in local language at least 3 weeks prior to meeting • A list of rights enjoyed by the village and its residents under revenue laws, Forest Rights Act and other legislations shared with all members at least three weeks prior to the meeting • Written statement of District Collector (certifying no consequences for denying consent) and contact details of relevant authority provided to all members at least 3 weeks prior to the meeting • Representative of Requiring Body competent to take decision and negotiate terms of Rehabilitation, Resettlement and Compensation present at meeting • Members of SIA team present at the meeting • Terms and conditions of compensation, Rehabilitation and Resettlement explained in local language • Proceedings of meeting documented in writing • Signatures of members and Representatives of Requiring Body obtained on the Terms and Conditions of Compensation, Rehabilitation and Resettlement • Declaration signed by each individual land owner giving or withholding consent • Declaration countersigned by Collector • Copy of declaration given to concerned landowner • Signed declarations obtained from affected landowners who could not attend the meeting within fifteen days of the meeting • Signed declarations from affected landowners who could not attend the meeting countersigned by Collector • Copy of signed declarations from affected landowners who could not attend the meeting given to concerned landowners • Record of meeting (in writing and video) made available in respective Panchayat office • Record of meeting (in writing and video) uploaded on website of concerned department of State Government Consultations with representatives of local bodies [Section 4(2) proviso 1 and Rule 6(8) RFCTLARR] • Adequate representation given to representatives of Panchayat / Gram Sabha / Municipality / Municipal Corporation • At least two members to be representatives of local bodies, out of which at least one is a woman • No Sarpanch or Chairperson of Municipality of local body to be represented in the SIA process • Where affected area lies in the jurisdiction of more than one local body, each local body to have representation as above Public Hearing [Section 5 RFCTLARR & Rule 7] • Public hearing held in each affected village / Municipality • Publicity given about date, time and venue three weeks in advance • Publicity given about date, time and venue through public notification and posters in all villages within a 5 KM radius of affected area • Publicity given about date, time and venue through advertisement in two daily Malayalam newspapers • Publicity given by uploading on website of Government • Views of affected families recorded in writing for inclusion in SIA Report Table 3- Records to be maintained for Implementation of R&R Relocation/ Implementation of R&R as per section Records to maintained 16 & 31 of Act Rehabilitation and resettlement amount paid Date of disbursement of Cheque, Amount Paid, Cheque no. and date Relocation done at houses which are allotted (in Location, photos, geo-tag case of displaced families) Whether the land allotted (in case of displaced Location, photos, geotag families) One time subsistence allowance paid Date of disbursement of Cheque, Amount Paid, Cheque no. and date Payment of cattle-shed and petty shops Date of disbursement of Cheque, Amount Paid, Cheque no. and date One time assistance to artisans and small traders Date of disbursement of Cheque, Amount Paid, Cheque no. and date Whether any employment provided to the member Type of employment, location of affected family Whether any annuity and other entitlements Attach details of provisions, if any provided Particulars of specials provisions for SC/ST Attach details of special provisions 6. Institutional Mechanism. This section further details out the information provided above on the institutional arrangement to carry out the SIA and preparation of SMP/RAP in accordance with the RFCTLAR&R and its state rules to purchase assets through negotiated settlement and World Bank Operational Policy 4.12. 86 a. Administrator of LARR The jurisdictional Additional Collector will be the administrator for Land Acquisition, Resettlement and Rehabilitation (LARR). The jurisdictional Additional Collector being the competent authority for land acquisition, he will also look into Resettlement and Rehabilitation and s/he will be supported by the Project Director, PIU in implementation of resettlement plan. 4.2 Implementation Agencies For resettlement activities, the PMU at state level will be supported Project Management Consultant (PMC) and will be overall in charge of coordination between the Project Implementation Units (PIU) in social safeguards compliance. PMU is headed by the Project Director and responsible for all activities related to resettlement and rehabilitation. The PD is assisted by the Social Development Specialist. The PIUs headed by Executive Engineer is assisted by social development specialist. Table 2. Implementation Agencies and Key Responsibilities Key Agency PMU Level Project Director Responsible for all activities related to LAR&R resettlement and rehabilitation. Make final decision on roads to be included under the project Overall responsibility for project design, feasibility, construction and operation and guide PIUs Ensure that all subprojects comply with the provisions of WB safeguards policies and GoI’s policies and regulations Social Development Coordinate preparation and implementation of SIA and SMP/RAP Specialist Coordinate estimate on impact to land assets and non-land assets for titleholders and non-titleholders. Assess risks and opportunities for affected people. Identify strategies and options to restore livelihoods and quality of life. Review RAP prepared by the DPR consultants and finalizes the same. Coordinate implementation of labour influx management plans and gender action plan. Coordinate with Contractor and Independent Authority to mitigate construction induced impacts Disclosure of project information in public spaces and through relevant media. Coordinate with implementing partners resolution information dissemination of GRM system and reporting on complaints Coordinate the monitoring report prepare monthly monitoring report. Project Director Submit semi-annual safeguards monitoring reports to WB Providing training to government personnel and contractoros in preparing nad managing resettlement activities and function as a resource person for LAR&R. Overall monitoring of progress of LA and R&R activities at PMU and PIU level Di Preparation of Draft SIA report & Final SIA report &SMP/RAP stri ct Co lle cto 87 r Go Decision of State Govt. on report of Collector K Go Appointment of R&R Administrative. Preparation of Draft R&R Scheme and K preparation of final R&R Scheme by collector Go Approval of R&R Scheme & Publication of approved R&R Scheme K Di Publication of Declaration of Acquisition stri ct Co lle cto r Di Notice of file Claim, Determination of Land Rates u/s 26, award of Land and R&R stri and payment of ward by Collector. ct Co lle cto r Di Possession & vesting land stri ct Co lle cto r At PI U Le vel Review IR impact categorization checklist, subproject appraisal note and undertake field visits and advise the field units about the RAP Ex Ascertain the extent of private land to be acquired and extent of government to be ec transferred and liaison with the jurisdictional Additional Collector and concerned uti government departments in getting possession of the same. ve En gin eer So Facilitate the socio-economic impact assessment survey cia l Sp eci ali st at PI U to su pp ort 88 the Di stri ct Ad mi nis tra tio n Review and approve micro plans, containing the list of PAPs and their entitlements, prepared by field units. Obtain necessary approval for the micro plans and make necessary funds available for disbursement and for development of resettlement sites. Prepare micro plan; Facilitate the process of disbursement of compensation to the PAPs – coordinating with the PIU and informing the displaced persons of the compensation disbursement process and timeline; Assist PAPs in opening bank accounts explaining the implications, the rules and the obligations in having a bank account, process of disbursement adopted by the Additional Collector and how s/he can access the resources s/he is entitle to; Assist the PAPs in ensuring a smooth transition full relocation of the affected persons), helping them to take salvaged materials and shift; in consultation with the PAPs, inform the PIU about the shifting dates agreed with PAPs in writing and the arrangements they desire with respect to the entitlements; Organize training programs to the vulnerable for income restoration; Conduct meaningful consultations throughout the RAP implementation and ensure disclosure of the summary of RAPs in an accessible manner to the displaced persons; Assist PAPs in grievance redressal process; Assist PIU in keeping detailed records of progress and monitoring and reporting system of RAP implementation; and Act as the information resource center for community interaction with the project and maintain liaison between community, contractors, project implementing units and the administrator, during the execution of the works. Ex Ensure payment of compensation and R&R assistance to the PAPs ec uti ve En gin eer So Facilitate consultation by the civil works contractor with community throughout cia implementation l Sp eci ali st So Supervise the mitigation measures during implementation and it’s progress cia l Sp eci ali st Ex Coordinate with Additional Collector and field units in identifying suitable land for ec resettlement sites and monitor the progress of development of site and relocation of uti PAPs. ve En Ensuring the publication of notifications and declaration specified under the Sections gin 11 and 19 of the RFCTLARR Act 2013 on behalf of the Additional Collector. eer 89 Di Preparation of the Award stri ct Co lle cto r Di Determination of the value of the affected structures stri ct Co lle cto r Di Disbursement of the compensation stri ct Co lle cto r Di Identification of land for resettlement and construction of the resettlement colony, if stri required ct Co lle cto r S Minimize IR impact through judicious design I • Undertake consultations involving community and PAPs A Conduct socioeconomic impact assessment survey C o n s u l t a n t s • Complete screening checklist • Encourage community/ PAPs to voluntarily participate during the implementation • Prepare RAP document as required 90 P Ensure compliance of WB’s OPs during project implementation specifically on labour laws and • r labour influx o • Preparation of semi-annual monitoring reports based on the monitoring j e c t M a n a g e m e n t C o n s u l t a n t ( P M C ) I Support PIU in field level implementation of RAP n Monitor compliance of RAP and labour laws and labour influx management plans d e p e n d e n t E n g i n e e r C • Consult community and PIU regarding location of construction camps o n 91 t r a c t o r • Sign agreement with titleholder for temporary use and restore land to equal or better condition upon completion • Commence construction only when alignment is free of encumbrance • Respond in a timely fashion to recommendations from GRCs CONSULTATION The SIA study following the mobilization of the consultants, the mapping of key stakeholders of the land acquisition will be carried out who will be affected by this land acquisition, Government Department officials i.e. Gram Sewak, Patwari, PWD Engineers etc. This process will be used as an opportunity to collect relevant primary data for strengthening socio-economic baseline of the project study area. The village wise consultation was done wherein informal consultation with community and PRIs, household interviews and Focus Group Discussions with affected families, and formal meetings with PRIs and officials concerned will be carried out in structured manner. 1 Table 2.1: Stakeholder Consultations in the Study Stakeholder A Brief Description of the Consultation Plan Land Initial meetings with few land owners, PRIs, and Local Influencers in the affected Owners, villages and Panchayat offices. PRIs, Other influential people Revenue and Preliminary meetings with Revenue and Land functionaries i.e. Patwari, Gram Land Sewak, Tehsildar, SDM etc. to share about the SIA and Land Acquisition Records process and to identify the relevant Khasra numbers n initial data validation etc. Functionaries Land Affected villages were visited and the villagers including land owners were Owners, discussed about the SIA and Land Acquisition process. PRIs were contacted in Villagers, group and individual meetings. PRIs Project Data Collection through prescribed formats from the individual project affected Affected Family and FGDs with them and PRIs Families – Land Owners, Non-Title Holders, PRIs Socio-Economic Survey and FGDs The principal method of assessing social impact of the proposed land acquisition will be through a socioeconomic survey and several Focused Group Discussions (FGDs). The following survey instruments will be used to elicit information and ensure transparency in the process of data collection.  Detailed interview schedule for the household socio-economic survey  Open-ended and semi-structured interview schedules for Focused Group Discussions with different stakeholder groups and Project Affected Families. 92 Public Hearing and SMP/RAP Since the Social Impact Assessment (SIA) study is a crucial component of the RFCTLARR Act, 2013 and the OP 4.12, the Draft SMP/RAP will be disclosed as explained in the above Chapter for feedback from the stakeholders prior to its finalization and redisclosure. According to section 5 of RFCTLARR Act, 2013 and sub-rule (1) to (11) of rule 8 of RFCTLARR, rule, 2014, a public hearing will be conducted after Three Weeks of submitting the draft SIA report and the draft SMP/RAP, to share the main findings of the SIA Study in the study area and seek views on findings, additional information and views of all stakeholders and Project Affected Families. This will be incorporated in the final SIA Report. Video recording and transcript of the public hearing will be submitted along with the analysis in the revised SIA Report. 93 ANNEX D Minutes of Public Consultation Programme conducted at Adimaly Grama Panchayath regarding the development of Padicup Plakkayam Kattamudi Tribal Colony road and Panthrandam Mile Mezhukumchal Bridge road on 29.05.2019 at the Chamber of President Adimaly Grama Panchayath. The meeting started at 12.15 PM. The President of Adimaly Grama Panchayat, Mrs. Deepa Rajeev, presided over the meeting and the following members are the other participants, 1. Mr. Sumesh Thankappan, Member, Ward No. 4 2. Mrs. Rajani Satheesh, Member, Ward No. 18 1. Mrs. Lali sebastian, Tribal Promotter Kattamudy Tribal Colony. 2. Mr.Noushad M.M, LSGD Engineering wing. The meeting started with the introduction of participants by themselves and the President briefly explained the purpose of the meeting and invited sociologist LSGD- PMU for explaining the details of road development programmes. The sociologist started the session with an introduction about LSGD-RKI programmes, and also talked about the reason for the RKI occurrence in Kerala State. During the course of meeting the translated version of Resettlement Policy Framework and Tribal development Framework ( RPF-TDF) have been distributed among the members and briefly explained about the RPF-TDF. The following questions were raised by the participants, 1. Why this Project was included only on two roads in the Panchayathu 2. In this RKI Projects possible to include broken roads ( Flood affected roads) in the Pancahaythu 3. The width of the proposed road ? 4. Are there any difficulties for Scheduled Tribes in this scheme 5. Is there a need to acquire land for road development 6. Can the drain be constructed on both side of the road ? The sociologist explained that the land acquisition takes longer than expected, and briefly expalined about the new RFCTLARR Act 2013. Hence there is no land acquisition is proposed under the project,. It is promised that the technical issues will be answered with the help of technical experts. The Tribal Development Framework (TDF) included in this Project for Tribles. The local body members said, they would have all the help and support to Conduct Public Consultation on both roads. and the meeting ended at 1.15.PM 94 Annex-1 Photo of Meeting meeting at Adimaly Grama Panchayathu for Padicup Plakkayam Kattamudi Tribal Colony road and Panthrandam Mile Mezhukumchal Bridge road. Annex- 2 list of Participants- Adimaly Grama Panchayathu. Annex -3 - Invitation letter send to President Adimali Grama Panchaythu via email 95 Minutes of Public Consultation Programme conducted at Kattamudy Community Hall regarding the development of Kattamudi Tribal Colony road on 30.05.2019. The meeting started at 10.AM. The Tribal Promoter of Kattamudi Tribal colony, Mrs. Lali Sebastian, presided over the meeting and the following members are participants, 96 Sl Name Sl Name N N o o 1 Kamalakshi 16 Lakshmi 2 Neelamma 17 Vijayamma 3 Alakamma 18 Elamma 4 SHaravana 19 Parvathi 5 Vineetha 20 Ashwathi 6 Amrutha 21 Nandhakumari 7 Chittumma 22 Chinnamma 8 Chithra 23 Varnnamala 9 Kalamani 24 Sarojini 10 Padmavathi 25 Pappamma 11 Jyothilekshmi 26 Dhanalkshmi 12 Rani 27 Anandam 13 Padma 28 Paraman 14 Mariyamma 29 Kanakaraja 15 Anushri 30 Vilasini The meeting started with the introduction of participants by themselves and the Tribal Promoter briefly explained the purpose of the meeting and invited sociologist LSGD- PMU for explaining the details of road development programmes. The sociologist started the session with an introduction about LSGD-RKI programmes, and also talked about the reason for the RKI occurrence in Kerala State. During the course of meeting the translated version of Resettlement Policy Framework and Tribal development Framework ( RPF-TDF) was distributed to some people and briefly explained about the RPF –TDF. The meeting discussed the various aspects of the project like environmental protection aspects and tribal developmental programmes, resettlement of common and community property resources like, worship places , open or tub wells , Pond or other drinking water sources, bus waiting sheds etc. The following questions were raised by the participants, 7. Restoration of access issues. 8. The road construction starts befor the next monsoon? The sociologist explained that, the above said road construction activities are carried under Rebuild kerala Initiative (RKI) and funded by World Bank. As far as the access issues are concerned it will be 97 addressed along with the construction works. It is promised that the technical issues will be answered with the help of th technical experts in that field in near future. There are 123 families in this colony of which 217 men,247 women and 71 children. The main Source of income here is agriculture. In the last year, 33 families have been relocted to relief camp. A primary health center (PHC) is being constructed here. There is also a mini anganvadi and Lower primary school . The Jalnidhi Project was not successful, Hence drinking water in this colony is very difficult. The Jeep only goes to that colony and all house hold have a Elecricity. According to Ambedkar Development Project, some of the roads have been concrete in this colony. The Tribal Promoter and all participents expressed their full support for the project and the meeting ended at 11.15 AM. Annex – 1 - Photo of Meeting. Public Consultation at Kattamudy Community Hall for Development of Padikappu Plakkayam Kattamudy Tribal Colony road. Annex- 2 - Photo of present road. 98 Padikappu –Kattamudy tribal colony roadsAnnex - 3 - List of Participents Annex- 4- Invitation letter send to Tribal Extension Annex- 5- Invitation letter Officer Adimali via email 99 Minutes of Public Consultation Programme conducted at Near Mezhukkumchal Bridge regarding the development of panthrandam Mile Mezhukkumchal bridge road on 30.05.2019. The meeting started at 3.10.PM. The Member of adimaly Grama Panchayathu, Mrs. Rajani Satheeshan, presided over the meeting and the following members are participants, Sl Name Sl Name N N o o 100 1 Biji Biju 20 Anuja Surendran 2 Poulose C 21 Savithri J Ramakrishna n 3 Aji 22 Saradha sasi Poulose 4 Asha 23 Vijayamma Jomon Kuttappan 5 Chellamma 24 Mariyakutty Madhavan 6 Sheela 25 Mary Mathai Ramesh 7 Eldhose C 26 Mercy Savi P 8 Beena 27 Gracy Eldhose Johnson 9 Saramma 28 Mary Kuriakose Varghese 10 George K 29 anis Mathew M 11 Shanti 30 Leela George Velayudhan 12 Mini 31 Bindhu saji Scaria 13 Ambily 32 Saramma Prasad Alias 14 Rajitha 33 Kusumam Linish varghese 15 Mini 34 A V Eldhose Mathew 16 Liju 35 Baiju Velayil Poulose 17 George 36 Sosamma KM Thomas 101 18 Alias PK 37 Leela Joy 19 Rajani 38 Ramakrishnan satheeshan MN The meeting started with the introduction of participants by themselves and the Member of adimaly Grama Panchayathu briefly explained the purpose of the meeting and invited sociologist LSGD- PMU for explaining the details of road development programmes. The sociologist started the session with an introduction about LSGD-RKI programmes, and also talked about the reason for the RKI occurrence in Kerala State. During the course of meeting the translated version of Resettlement Policy Framework and Tribal development Framework ( RPF-TDF) was distributed to some people and briefly explained about the RPF –TDF. The following questions were raised by the participants, 9. When will be the work started? 10. How many meters to build a bridge at altitudes? 11. What is the width of the new bridge and the approach road? 12. Will the bridge construction start befor the next rainstorm? The sociologist explained that, the above said road construction activities are carried under Rebuild kerala Initiative (RKI) an d funded by world bank. The sociologist has described the propose bridge as 58 meters and approach road is 100 meters. The some of the few participents have too much knowledge about the bridge work. It is promised that the technical issues will be answered with the help of the technical experts. and it was answered that such work issues will be handled at the time of construction. The all participents expressed their full support and cooperation for the bridge and road development activities and the meeting ended at 4.00 PM. Annex – 1 - Photo of Meeting. Annex – 2- Present Bridge 102 Public Consultation at near Mezhukkumchal Bridge for Development of Panthrandam Mile Mezhukkumchal Bridge and approach road. . Annex – 3 – List of Participation - 103 104 Annex – 4 – Invitation letter send to President Annex -5- Invitation letter Adimaly Grama Panchaythu via email. 105 106