Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan Assam Inland Water Transport Project Final Social Impact Assessment Resettlement Action Plan-cum-Indigenous People’s Development Plan (LachitGhat/South Guwahati, North Guwahati and Aphalamukh Ghats) (Dated 3rd May 2019) Page 1 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan Contents Executive Summery………………………………………………………………………………..9 Chapter 1.Introduction...................................................................................................... 33 1. Introduction ................................................................................................................ 33 1.1. Project Description ............................................................................................. 34 1.2. Project Components ........................................................................................... 34 1.3. The purpose of SIA, RAP, IPDP studies ............................................................ 37 1.4. Priority physical works under the project (planned for first 18 months) ........ 37 1.5. Need for SIA in priority Ghats ............................................................................ 38 1.6. Objectives of RAP-cum-IPDP ............................................................................. 38 1.7. Criteria to maximize project benefits and minimize adverse impacts ............. 39 Chapter 2.Methodology .................................................................................................... 40 2. Data Collection ........................................................................................................... 40 2.1. Secondary Data Collection................................................................................. 40 2.2. Primary Data Collection...................................................................................... 40 2.2.1. Project Area of Influence ............................................................................. 40 2.2.2. Interview with Village Gaon/ Line department officials ............................. 41 2.2.3. Focus Group Discussions........................................................................... 42 Chapter.3.Social Baseline Information of the priority locations .................................... 44 3.1. Land Requirement for the Project Investments under Phase 1: ............................. 44 3.2. Socio-Economic Profile of Project Influence Area ........................................... 45 3.2.1. Lachit Ghat in South Guwahati....................................................................... 45 3.2.2. Primary Data collection................................................................................... 45 3.2.2.1. Population: ................................................................................................... 45 3.2.2.2. Vulnerable categories .............................................................................. 46 3.2.2.3. Educational status of the family .............................................................. 46 3.2.2.4. Occupational Status and categories ....................................................... 47 3.2.2.5. Economic sector composition of the district ......................................... 48 3.2.2.6. Income of the Households .......................................................................... 48 3.2.2.7. Ownership of land and assets ................................................................. 49 3.3.1.1. Population and age categories................................................................ 51 3.3.1.2. Vulnerable groups .................................................................................... 51 3.3.1.3. Educational status of the sample families ................................................. 52 3.3.1.4. Occupational status..................................................................................... 52 3.3.1.5. Major Livelihoods of the Area ..................................................................... 53 Page 2 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan 3.3.1.6. Income of the family .................................................................................... 54 3.3.1.7. Ownership of land and building.................................................................. 55 3.4.1.1. Age groups and Population ..................................................................... 56 3.4.1.2. Vulnerable categories- ............................................................................. 56 3.4.1.3. Educational status ................................................................................... 56 3.4.1.4. Occupational status ................................................................................. 57 3.4.1.5. Major Livelihoods of the villages ............................................................ 58 3.4.1.6. Income of family ....................................................................................... 58 3.4.1.7. Ownership of land and assets ................................................................. 59 3.5.1.1. Social Profile ................................................................................................ 60 3.5.1.2. Economic Profile ......................................................................................... 62 Chapter4.Impacts on Project Affected Families ............................................................. 64 4.1. Major and Minor Impacts on the affected properties ........................................... 64 4.1.1. Impact on cultural properties and community assets....................................... 68 Chapter 5.Legal and Policy Framework........................................................................... 70 5.1. Applicable Acts and Policies ................................................................................. 70 5.2. Relevant clauses of the World Bank OP 4.12 on involuntary resettlement and RFCTLARR Act, 2013 .................................................................................................... 73 5.3. Identification and measures to address gaps/ discrepancies/ additionalities in World Bank Policy ......................................................................................................... 86 5.4. Definitions and Eligibility Criteria for Various Categories of Displaced Persons ........................................................................................................................................ 87 5.5. Entitlement Matrix .................................................................................................. 90 5.6. Commencement of Land Acquisition Process ..................................................... 99 5.7. Method of Valuation of Project Affected Areas .................................................. 100 5.8.1. Role of the Social Development Specialist .................................................. 101 5.9. Environmental and Social Cell (E&S Cell), PIU at the Divisional Level ......... 102 5.9.1. Role of Social Specialist at the E&S Cell ................................................ 102 5.10. Supporting NGO at the PIU ........................................................................... 103 5.11. Contractor ...................................................................................................... 104 5.12. General Consultants (preparation stage) and Technical Supervision Consultant (Construction stage) in charge of Supervision and Monitoring ........... 104 5.13. Third party monitoring (quarterly) ................................................................ 104 Chapter 6.Livelihood Restoration and Income Generation Plan ................................. 107 Chapter 7.Citizen Engagement....................................................................................... 109 7.1. Stakeholder Consultation ........................................................................................ 109 Page 3 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan 7.2. Observations from the KII, FGD and Consultations .............................................. 109 7.3. Stakeholder Consultation Plan/Citizen Engagement Plan ................................. 115 7.3. Citizen’s charter ................................................................................................ 118 Chapter 8.Grievance Redress Mechanism (GRM)......................................................... 120 8.1. Existing Web-enabled GRM system and Hotline ............................................ 120 8.1.1. Review of the Existing GRM Systems .......................................................... 120 8.2. Grievance Redress Committee (GRC) at the PIU ............................................ 121 8.3. GRC at the PMU................................................................................................ 121 8.4. R&R Authority under RFCTLARR Rules 2015 ................................................ 122 Chapter.9.Gender Development Plan ............................................................................ 123 9.1. Low Education status ....................................................................................... 123 9.2. Low Workforce Participation Rate ................................................................... 123 9.3. Women’s Access to Credit System.................................................................. 123 9.4. Health Status of Women ................................................................................... 123 9.5. Women’s Involvement in the Political Field .................................................... 123 9.6. Human Development Index (HDI)/Gender Development Index(GDI) /Gender inequality Index(GII) –Assam .................................................................................. 123 9.7. Risk Assessment .............................................................................................. 124 9.8. Gender Based Violence (GBV) ............................................................................. 124 9.9. Women as producers and traders – gendered value chains.......................... 125 9.10. Challenges faced by women in using IWT are summarised below: ............ 125 9.11Gender Action Plan .............................................................................................. 126 Chapter.10.IndigenousPeoples Development Plan (IPDP) ........................................... 130 10.1. Indigenous Peoples Plan for various stages of Project Cycle ........................ 130 10.2. Other key areas of interventionsfor promotion of Culture & Heritage ............ 131 Chapter .11Labour, Health and Safety ........................................................................... 132 11.1. Labour Influx Risk Assessment......................................................................... 132 11.2. Recommended Mitigating Measures ................................................................. 133 11.3. Relevant Labour Laws applicable during Construction................................... 137 Chapter.12.Monitoring and Evaluation Plan.................................................................. 140 12.1. Monitoring indicators for measuring social development outcomes ............. 141 Chapter 13.Budget estimates for Social Management Plan including R&R costs ..... 143 Chapter 14 .Civil Works and Social Impacts.........................................................................................145 Chapter 15 .Conclusions and Recommendations..........................................................................148 Page 4 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan List of Tables Table 2-1 : Sample villages and number of households for primary data collection ............. 41 Table 3-1 : Land requirement for Lachit Ghat (South Guwahati): ........................................ 44 Table 3-2 : Land requirement for the Ghat in North Guwahati: ............................................ 44 Table 3-3 : Land requirement for the Ghat in Apalamukh: ................................................... 44 Table 3-4 : Demographics of Guwahati city ......................................................................... 45 Table 3-5 : Age wise classification of Population in the sample Households ....................... 45 Table 3-6 Vulnerable categories among the sample households ....................................... 46 Table 3-7 : Educational status of the sample households .................................................... 46 Table 3-8 : Occupational categories .................................................................................... 47 Table 3-9 : Income of families in the sample survey ............................................................ 48 Table 3-10 : Details of land ownership ................................................................................ 49 Table 3-11 : Type of houses................................................................................................ 50 Table 3-12 : Demographic Profile of North Guwahati : ........................................................ 51 Table 3-13 : Age-wise Population....................................................................................... 51 Table 3-14 : Vulnerable categories...................................................................................... 51 Table 3-15 : Educational status. .......................................................................................... 52 Table 3-16 : Occupational pattern. ...................................................................................... 53 Table 3-17 : Income groups ................................................................................................ 54 Table 3-18 : Ownership of land and type of buildings .......................................................... 55 Table 3-19 : Project villages- Demographic profile as per Census 2011 data ...................... 55 Table 3-20 : Population in Age groups ................................................................................ 56 Table 3-21 : Educational status of families .......................................................................... 57 Table 3-22 : Occupational status of families ........................................................................ 58 Table 3-23 : Income of families ........................................................................................... 58 Table 3-24 : Ownership of land ........................................................................................... 59 Table 3-25 : Type of Structures ........................................................................................... 59 Table 3-26 : Population of PAPs in 3 Ghat area .................................................................. 60 Table 3-27 : Distribution of PAHs by household size ........................................................... 60 Table 3-28 : Distribution of PAPs by education level ........................................................... 60 Table 3-29 : Distribution of PAPs by age ............................................................................. 61 Table 3-30 : Distribution of PAPs by Marital status .............................................................. 61 Table 3-31 : Number of Vulnerable PAHs ........................................................................... 61 Table 3-32 : Distribution of PAPs by occupation.................................................................. 62 Table 3-33 : Monthly Household Income of PAHs by income range .................................... 62 Table 4-1: Land required and impacted people ................................................................... 64 Table 4-2: Type of Loss ...................................................................................................... 64 Table 4-3: Type of Structures affected of Non-Titleholder ................................................... 65 Table 4-4: Details of PAPs with affected structures. ........................................................... 65 Table 4-5: Loss of other Assets ........................................................................................... 68 Table 5-1: World Bank Policies on Social Safeguard........................................................... 70 Table 5-2 : Relevant and applicable Laws of GoI and GoA: ................................................ 71 Table 5-3 : Comparative analysis of the World Bank OP 4.12 and the RFCTLARR 2013 .... 73 Table 5-4 : LARR Definitions .............................................................................................. 87 Table 5-5 : R&R Entitlement Matrix under RFCTLARR 2013, LARRA, 2015 & World Bank Policy .................................................................................................................................. 91 Table 7-1 : Community Consultations at Priority Ghat PIA ................................................ 109 Table 9-1: Gender Action Plan .......................................................................................... 126 Table 10-1: Indigenous Peoples Plan for various stages of Project Cycle ......................... 130 Table 11-1.Labour influx-cross-cutting issues ................................................................... 134 Page 5 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan Table 11-2 : Relevant Labour laws .................................................................................... 138 Table 13 -1: Resettlement and Rehabilitation Assistance Budget for 3 Priority Sites ......... 143 Table 13 -2 - RAP & IPDP Implementation Budget for 3 priority sites................................ 144 List of Figures Figure 2.1 Photograph of surveys ....................................................................................... 43 Figure 3-1 : Educational trend of sample families ................................................................ 47 Figure 3-2 : Occupational categories................................................................................... 48 Figure 3-3 : Income of families in the sample survey ........................................................... 49 Figure 3-4 : Ownership of land ............................................................................................ 50 Figure 3-5 : Type of houses ................................................................................................ 50 Figure 3-6 : Educational pattern .......................................................................................... 52 Figure 3-7 : Occupational pattern ........................................................................................ 53 Figure 3-8 : Income of family ............................................................................................... 54 Figure 3-9 : Educational status of families ........................................................................... 57 Figure 4-1 : Squatters and structures impacted in North Guwahati area.............................. 67 Figure 4-2 : Squatters temporarily impacted by the Project at Aphalamugh, Majuli ............. 68 Figure 4-3 : Proposed land area for LachitGhat................................................................... 68 Figure 5-1: Flow Chart ...................................................................................................... 105 Figure 7-1 : Consultations with Shop owners at Majuly ..................................................... 113 Figure 7-2 : Consultations at Majuly Island........................................................................ 114 Figure 7-3 : Pictures of Community consultations ............................................................. 114 Figure 8-1 : GRM -Process flow diagram .......................................................................... 122 Figure 14-1 : PIA of LachitGhat –Google Earth maps........................................................ 146 Figure 14-2 : PIA Map-North Guwahati ............................................................................. 146 Figure 14-3 : Aphalamugh PIA (source- Google earth Map) .............................................. 147 List of Annexure Annexure 1 : Data collection tools Annexure 2 : RFCTLARR Act 2013 Annexure 3 : ARFCTLARR Rules 2015 Annexure 4 : Participants of Community Consultations in 3 priority Ghats Annexure 5(A): Summary of the Stakeholder consultation was organised in Guwahati on 8thOctober 2018 Annexure 5(B): Summary of Stakeholder workshop at Guwahati on 4th February 2019 Annexure 5(C): Summary of the Public consultation to discuss draft SMF/RPF/IPDF at Majuli (Jorhat division)on 7th February 2019 Annexure 6 : Risk Assessment Table Annexure 7 : Labour Compliance Check lists (7Nos) Page 6 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan Abbreviations A&M Approach & Methodology AIPCL Assam Inland Ports Corporation Ltd AIWTCL Assam Inland Water Transport Corporation Limited AIWTDS Assam Inland Water Transport Development Society AIWTP Assam Inland Water Transport Project AoI Area of Influence CBO Community Based Organizations CEP Citizen Engagement Plan CIA Cumulative Impact Assessment CV Curriculum Vitae CWC Central Water Commission DBFOT Design Build Finance Operate and Transfer DAIWTDS Directorate of Assam Inland Waterway Transport Development Society DPR Detailed Project Report EA Environmental Assessment EHS Environmental, Health and Safety EIA Environmental Impact Assessment ESE Environmental, Social and Economic ESHS Environmental, Social, Health and Safety FGD Focus group Discussion GDI Gender Development Index GII Gender Inequality Index GIS Geographic Information System GoA Government of Assam GRM Grievance Redress mechanism HDI Human Development Index HFL High Flood Level IEC Information, Education, Communication IPDP Indigenous People Development Plan IR Inception Report IWAI Inland Waterways Authority of India IWT Inland Waterways Transport IBRD International Bank for Reconstruction and Development IDA International Development Association IPP Indigenous Peoples Plan RAP Resettlement Action Plan MIS Management Information System MoEF& CC Ministry of Environment, Forests and Climate Change MMTPA Million Metric Ton Per Annum MPR Monthly Progress Report NGO Non-Governmental Organization O&M Operation and Maintenance PAP Project Affected persons PAF Project Affected Family PDP/F Project Displaced Person/Family Page 7 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan & Resettlement Action Plan PIA Project Influence Area PMU Project Management Unit QC Quality Control RFCTLAR&R Right or Fare Compensation and Transparent Land Acquisition - Rehabilitation and Resettlement RFP Request for Proposals R&R Resettlement & Rehabilitation RAP Resettlement Action Plan SA Social Assessment SCC Special Conditions of Contract SEESA Strategic Environmental, Economic and Social Assessment SIA Social Impact Assessment SMF Social Management Framework SMP Social Management Plan SPMG State Project Management Group TL Team Leader TNA Training Needs Analysis/Assessment TORs Terms of Reference VR Village Road WB World Bank Page 8 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 1. Executive Summery 1.1. Background The Brahmaputra, running through the heart of the state, provides a vital link for both urban and rural ferry services which are the single most important transport mode for many sections of the population in Assam. The DIWTA, established in 1958 and part of the Assam Transport Department, is responsible for developing, maintaining and regulating IWT services in the state. It also operates and maintains many of the passenger transport services, ferry terminals and navigation aids on both Brahmaputra and Barak Rivers. The ferry industry as a whole is characterized by an aging and poorly equipped fleet. Most of the demand is now met by the informal sector operating traditional country boats without supporting infrastructure and the existing terminal facilities and navigational aids are insufficient. In this backdrop, Government of Assam decided to transform the quality of inland water transport services, integrating high quality passenger and vehicle ferry services and inland water freight system towards a wider transport system, with the support of the World Bank and established the Assam Inland Water Transport Development Society (AIWTDS) to prepare and implement this project viz ‟Assam Inland Water Transport Project‟. 1.2. Project Description The Project‟s Development Objectives are to (a) improve passenger ferry infrastructure and services in Assam, and (b) to improve the institutional capacity and framework. The Project has three main components and eight sub-components collectively intended to tackle the regulatory, operational and infrastructure challenges of the sector. The three main components are: 1. Institutional, regulatory and safety strengthening (estimated cost USD 20 million). This component will include: a. Technical assistance: sector planning, design and roll-out of new Regulatory Authority, business planning for Assam Shipping Company and Assam Ports Company; training of staff to fulfill new roles in the restructured industry (USD 8 million); b. Safety management: river navigation aids, night navigation technology on some routes, and emergency response system (policy, procedures, vessel and equipment) (USD 12 million). 2. Fleet safety improvements and modernization (estimated cost USD 25 million). This will include financing of: a. GoA incentive scheme (known as Jibondinga) to assist industry transition to the new regulatory regime; it is designed to support the scrapping and replacement of unsafe or obsolete private vessels and replace them with new vessels, or retrofit existing but acceptable vessels with modern marine engines and safety equipment (USD 10 million); b. procurement of new vessels for the Assam Shipping Company (USD 15 million). 3. Improvement in terminal infrastructure (estimated cost USD 105 million). This will finance: a. provision of priority terminals for the Guwahati and Majuli Island ferry routes (USD 70 million); and Page 9 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan b. provision of terminals on several other mainly rural routes, to be selected (USD 35 million). 1.3. Need for Resettlement Action plan cum Indigenous Peoples Development Plan (RAP & IPDP) for priority locations This Resettlement Action Plan cum indigenous people Development Plan (RAP &IPDP) is prepared to assess the potential adverse and positive effects of the project interventions on individual and/or community, in the three priority locations included in Phase -1 of the Project and includes:  Baseline survey to gather information about the socio-economic conditions of the project impact area(PIA) and project affected people/Families (PAP/F).  Identification of key project stakeholders and develop culturally appropriate process for consulting with the community.  Identify the Indigenous communities in the area and assess the possible impact of the Project on them.  Assessment, based on free, prior, and informed consultation with the affected community, of the potential adverse impacts of the sub-project and the quality of the impacts, enormity, distribution and their duration.  Assess likely impact of labour influx on the host community and propose mitigation measures.  Identification of potential mitigation strategies to address the plausible negative impacts, so as to maximize project benefits.  Assessment of institutional capacity to implement project intervention.  Develop monitoring and evaluation mechanism to evaluate the social development outcomes of the project. 1.4. SIA Objectives The main objective of the SIA study is to predict, assess and analyse the possible positive and negative social safeguard impacts anticipated during the construction and operation of the three priority locations. This in turn will help in proposing the possible mitigation measures for negative impacts identified, ensuring that the development does not impact the communities negatively in terms of their social, & economic status. This exercise was carried out in accordance with the National/State laws and the WB safeguards policies, applicable. The specific objectives are:  Prediction and evaluation of potential social impacts of the project and propose workable mitigation measures for the significant negative impacts .  Facilitation of consultative public participation and incorporate expressed views into the study report.  Preparation of a detailed Social Management Plan (ESMP), RAP and IPDP of the three priorities locations. 1.5. Criteria to maximize project benefits and minimize adverse impacts The Criteria for the formulation of strategies to maximize benefits and minimize adverse impacts of the project interventions on the affected communities is designed, as detailed below. Page 10 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  It is impossible to completely eliminate the adverse impacts of the project, but it will be minimised to the possible extent and compensated to reduce the degree of negative impact.  Alternate choices for enhancing the benefits of the project will be carefully considered, especially to support the vulnerable categories, in the RAP.  Informed and participative consultations will be always adopted to take decisions about the stakeholders.  At all stages , possible potential risk factors will be analysed to implement the project.  Periodic monitoring and evaluation with timely interventions as and when required, will be emphasised. 2.1. Methodology for the study Primary and secondary sources of data collection were done to collect maximum information about the socio economic and demographic profile of the population falling within the PIA of the Ghats. The data was collected using an android based mobile application to ensure flow of information on a “real time” basis. The data collected was checked for accuracy, tabulated and subject to statistical analysis using SPSS or MS Excel. Primary data was collected from the villages and urban wards in the core area of the Project Impact Area (PIA), through Household surveys, key stakeholder consultations including key informant interviews and Focus group discussions. Participatory appraisal techniques were used to collect information for some of the key informants such as women and indigenous people. Data collection tools used includes- 1.Questionnaire for PAPs (1B); 2.Questionnaire for Household (HH) survey (1A); 3. Questionnaire to Gaon leaders/ officials; 4. Key Informant Interview Schedule for Ferry operators and 5. Focus Group Discussion formats for General Public, Gender groups, Indigenous groups and Labour groups/Livelihood groups. 3.1. Land Requirement for the Project Investments under Phase 1: Three Ghats viz Lachit Ghat and North Guwahati Ghat in Guwahati Division and Aphalamugh Ghat in Dibrugarah Division were selected for the 1st phase implementation of the of the project . The extent of land required for the construction of these Ghats is shown below: Name of/ type of Amount of land Type of Land (private, government, community) sub-project required (in Acres) Private Government Community LachitGhat 0.0378 Acres Nil 0.0378 Acres Nil North Guwahati 0.0341 Acres Nil 0.0341 Acres Nil Apahlamukh 0.3188 Acres Nil 0.3188 Acres Nil Construction of approach road and the requirement of land are not considered in this. 3.2. The Socio-Economic Profile of the PIA  Lachit Ghat is in Ward No 02 of Guwahati Municipal Corporation, is the 7th most populous ward in the city and as per 2011 census report, have a population of 16613 persons,8780 (53%) males and 7833 (47%) females(2011 census). Sex ratio therefor is 892.Average Literacy rate is 91%with 94% male and 88% female literates. Page 11 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 6317persons (38 %)in Guwahati Ward No.-2 are engaged in main or marginal works. Male work participation rate is 55% and female work participation is 19%. 47% of male workers are engaged in Main works and 8% of the men are engaged in marginal works. Among working women 14% are main workers and 6% are marginal workers.  North Guwahati is a Town Committee city in Kamrup district of Assam. The city is divided into 4 wards. As per 2011 census data, it has a population of 10,328 persons with 5,088 males and 5,240 females. Sex Ratio is of 1030 against state average of 958. Literacy rate 93.68 %, higher than state average of 72.19 %, with 96.51%male literates and 90.97% female literates.  Aphalmugh Ghatis in the Majuly Islands where there are 144 villages .Total population of the island is 150,000 with a population density of 300 individuals per square km. The total literacy rate is 78.56% with 74.56% male literates and 61.34% femaleliterates. Four villages viz Garamur Jugipathar, Atoi Chuk, Dakhinpatsatra and Borbokapathar are the core area villages falling in the PIA of thisGhat . 3.3. Highlights of the findings of the study are summarized below: Implications for the Sub-project Social Highlights RAP/IPDP LachitGhat South Guwahati is a metropolitan city, Impact of the Project on the (South with urban and rural population. livelihood of people was Guwahati) People use ferry service for their valued for RAP livelihood pursuits and travel up and Impact of the Project on SC down on regular basis and ST people was Presence of SC and ST population in the considered in the IPDP. PIA is 7 % and 4% respectively There is no negative impact, 69% of the people studied in the PIA but due care is taken to were reported to be vulnerable consider all possible categories. development opportunities Women in the PIA have lower status with to such vulnerable low education and low work participation categories. rate .Gender Based violence risk rate is No persons will be directly very high in the State and discussions in impacted by this Project the Focus groups revealed this to some except shifting of two extent. Common Property Majority of the workforce are unskilled resources such a ticket workers, and skilled workers may have counter and a water kiosk. to be brought in for Project works. But These will be appropriately considering the Labour influx risks, due shifted. care need to be applied to protect the Gender Development plan interest of the natives to safeguard them addresses the GBV risks in from possible negative impacts. IWT services providing adequate security and facilities. Labour Influx management plan will take care to add ress risk factors in labour influx North Guwahati Brahmaputra river is the lifeline of the Direct Impact on SC villagers as the ferry services play vital persons operating shops in role in their livelihood. Men and women the impact area will be duly Page 12 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan cross the river in pursuit of employment, considered for for selling their products and buying raw compensation as well as materials. The opportunities for women livelihood safeguard in the are limited which needs attention. RAP. The Project do not have any direct No ST communities in the impact on the ST people but 3 PIA and hence no impact on commercial squatters belonging to SC them. castes will be impacted. Gender Development plan Better opportunities for livelihoods in ensures to protect the tourism sector can be opened up with interest of all women the development of ferry services. travellers providing As the GBV index for the State is high adequate facilities and special care will be taken while planning security supports. the Project components. Labour Influx management Labour Influx risks are common in all plan will take care to prevent worksites ,depending on the need for all risk factors related to workers from outside labour influx and it will be limited to the minimum providing maximum opportunities to the local labourers Aphlamukh In this Ghat area, 9 commercial Directly impacted people will squatters running teashops and pan be compensated for their shops in the Government land will be loss of structures and will be impacted during time of construction and shifted and rehabilitated to hence need to be shifted. the nearby sites. They will So loss of structures which are get all compensation temporary sheds and loss of livelihood packages as per entitlement are the direct impacts. matrix. All these squatters except two are Scheduled caste categories and are Impact on SC communities vulnerable too. Rehabilitating them to and their livelihood,will be adjacent areas and permitting to operate appropriately addressed in these shops to provide services to the the RAP. travellers after construction period, etc Cultural value of the island are considered in the RAP plays significant thrust to be preserved in IPDP and RAP. Considering the gender based violence risk rate in the state, it is important to Gender Development plan safeguard the safety and security of will cover all gender risk women travellers and traders. issues Labour Influx risks are likely to be an Labour Influx management issue depending on the number of plan will consider the labour labour force to be recruited for the influx requirements and take Project work all preventive measures to control risk factors. 3.4. Impacts on Project Affected Families The project has direct and indirect impact on the people and their families as discussed below. Land required for the project is limited as the construction of the Ghats mostly happen in the River portion. Still some land is required especially for approach road and parking etc and in these 3priority Ghats, Government land is available and no private land need to be acquired, Page 13 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan during the 1st phase. Some commercial squatters occupyingGovt land will be impacted and they will be resettled providing compensation for their loss as per the entitlement matrix. Some other people occupying the Ghat vicinity may also be affected during construction phase and they will be compensated for their livelihoodlossasper the entitlement matrix, prepared in line with the World Bank OP 4.12 and RFCTLARR 2013 and Assam LARR Rule 2015. 3.5. Major and Minor Impacts Impact on the affected properties Major impact: The land proposed for the construction of the 3 Ghats are Government properties and some commercial squatters are running small tea shops / pan shops in temporary sheds and kiosks. 13 such structures were identified to be shifted to adjacent places and their livelihood will be impacted. Minor impact: Some Common Property Resources such as a potable water kiosk, parking area and a ticket counter etc will be impacted in Lachit Ghat area, which can be shifted or allowed to continue as per the technical design proposed for the Ghat. After the construction phase the possibility of repositioning some of these shops can be considered by the authorities, as these services are required for the passengers as well. Details of major/minor impacts of the project are shown below Category of PAPs Type of Impact Unit of Entitlement Nos. affected Titleholder – Agriculture Loss of Land and Nil Nil Land / Non-agriculture Assets land / Homestead Land and assets Titleholder – Residential Loss of Structure Nil Nil Structure Titleholder-Commercial/ Loss of Structure Nil Nil industrial Structure Titleholder-Residential Loss of Structure Nil Nil cum-commercial/ industrial structure Tenants-Residential / Loss of Structure Nii Nil commercial / industrial Structure Squatter-Residential / Loss of Structure 4Nos 4 Commercial / Residential cum- commercial Encroacher Loss of Structure/ Nil Nil Assets Additional support to Nil Nil Nil vulnerable groups Employees in shops, Loss of Livelihood 9 structures 9 agricultural labourers, sharecropper Community Assets Loss of Community Water kiosk 1 Assets Ticket counter 1 Scheduled Tribes Loss of Land, Nil Nil Structure or both Disruption Temporary Impact 9 structures 9 Type of Structures affected Page 14 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Structure Total Major Impact Minor Impact Affected Structure Pucca Semi Kutcha Pucca Semi Kutcha Pucca Pucca Residential Nil NA NA NA NA NA NA Commercial 4 Nil 4 Nil Nil Nil Nil Mixed Nil NA NA NA NA NA NA Other(cattle- Nil NA NA NA NA NA NA shed) Loss of other Assets Types of Assets Nos. Trees 2 Open Well Nil Boundary Wall 1 Cattle shed Nil Water Tank/kiosk 1 Others Park Impact on cultural properties and community assets Some Community assets such as water kiosk, park, ticket counter etc in a closed premise owned by the Inland Water authority and used by the public will be impact by the LachitGhat Project. But this structures can be shifted to an appropriate place in the premises, for continued use of public. No cultural properties will be impacted. 4.1. Legal and policy framework Relevant GoI and GoA rules and regulations and World Bank policies on social safeguard triggered under the project are listed below: World Bank Policies on Social GoI&GoA Rules and Regulations Safeguard OP/BP 4.12: Involuntary Resettlement RFCTLAR&R Act, 2013. OP/BP 4.10: Indigenous People Assam Right to Fair Compensation and OP/BP 4.11: Physical Cultural ResourcesTransparent Land Acquisition and Rehabilitation and Resettlement ESSE Note on Adverse impacts of labour (RFCTLAR&R) Rules 2015. influx 5.1. Entitlement Matrix The entitlement framework designed for various categories is based on RFCTLARR 2013 and RTFCTLARR Rules, 2015 of GoA and World Bank OP 4.12 on Involuntary Settlement. Each category of loss for the purpose of R&R entitlements is classified under two major categories, as 1. For the titleholders (owners) and 2. Non-titleholders (Tenants in the commercial/residential properties, Encroachers and Squatters). The entitlement matrix will be informed to the PAPs, to ensure that their interests are protected and if not, to submit their grievances to the appropriate authorities and get it resolved in the right time. Page 15 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan R&R Entitlement Matrix under RFCTLARR 2013, LARRA, 2015 & World BankPolicy Sl. Impact Category Entitlements Implementation Guidelines No. PART I. TITLE HOLDERS - Compensation for Loss of Private Property 1 Loss of Land 1.1 Compensation for land at Land will be acquired by the (agricultural, Replacement Cost or competent authority in accordance homestead, Land for land, where with the provisions of RFCTLARR commercial or feasible. Act, 2013. otherwise or assets attached to the land) Replacement cost for land will be: (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 (whichever amount is higher). Plus 100% solatium and 12% interest from date of notification to award. The multiplied factor adopted by the GoA for land in rural area, based on the distance from urban area to the affected area, will be applied. In case only a part of any land plot is affected and its owner desires that the whole plot be acquired on the grounds that the plot has been rendered uneconomic or has been severed due to LA, the competent authority any make additional award as per section 94 of RFCT-LARR Act, 2013 for the remaining part of land without initiating the land acquisition process afresh. Value of Assets attached to the land/building: Compensation for trees/crops etc. a. Cash compensation as estimated u/s 29 (3), RFCT-LARR Act, 2013 by: i. Forest Department for timber trees ii. State Agriculture Department for crops iii. Horticulture Department for Page 16 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. horticulture, perennial trees iv. Cash assistance to title holders and non-squatters for loss of trees, crops and perennials at market value. b. Three months‟ advance notice to affected parties to harvest fruits, crops. In case standing crops, the affected parties shall receive three months‟ advance notice to salvage crops, or compensation in lieu thereof as determined above. 2 Loss of Structure 2.1 Compensation at The market value of structures and (house, shop, replacement cost other immovable properties will be building or determined based on relevant basic immovable property) Schedule of Rates (SR) as on date 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. 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 3.2 Subsistence allowance of Page 17 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. Rs. 3,000/- per month for a period of one year to affected households who require to relocate due to the project 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 Cattle shed or petty shop shall get not less than Rs. one-time financial assistance of such 25,000/- to all those who amount as the appropriate lose a cattle shed or a Government may, by notification, petty shop. specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. Petty shop will include commercial kiosk, vendor where business is carried out. PIU and the implementation support NGO / agency will consult such PAPs and assess the requirement of subsistence allowance for kiosks and vendors receiving this cash assistance under the petty shop category. Cattle shed shall mean any permanent, semi-permanent structure or makeshift shed erected on long term basis for keeping cattle. 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 are required to relocate due to the project 4 Loss of Residence 4.1 An alternative house for An alternative house for those who those who have to have to relocate, as per PMAY-G relocate, as per PMAY-G (IAY has been restructured) Page 18 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. specifications in rural specifications in rural areas and a areas and a constructed constructed house / flat of minimum house/flat of minimum 50 50 sq. m. in urban areas or cash in sq. m. in urban areas; lieu of house if opted (the cash in lieu of house will be Rs.1,20,000/- (plain) or and 1,30,000/- (difficult terrain) in line with GoI PMAY-G standards in rural Cash in lieu of house if areas and Rs.1,50,000 in case of opted, for those who do urban areas). not have any homestead land and who have been The benefits listed above shall also residing in the affected be extended to any affected family area continuously for a which is without homestead land and minimum period of 3- which has been residing in the area years. 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. This assistance shall be extendable to mixed-use structures fulfilling residential and commercial purposes in owner as well as un-titled categories. 4.2 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. 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. 3,000/- Page 19 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. 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 project 4.5 One-time assistance of Cattle shed or petty shop shall get not less than Rs. one-time financial assistance of such 25,000/- to all those who amount as the appropriate lose a cattle shed or a Government may, by notification, petty shop. specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. Petty shop will include commercial kiosk, vendor where business is carried out. PIU and the implementation support NGO / agency will consult such PAPs and assess the requirement of subsistence allowance for kiosks and vendors receiving this cash assistance under the petty shop category. Cattle shed shall mean any permanent, semi-permanent structure or makeshift shed erected on long term basis for keeping cattle. 4.6 One-time assistance of Rs. 25,000/- for each affected family of an artisan or self-employed and who has to relocate 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 are required to Page 20 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. relocate due to the project 4.9 Right to salvage affected materials 5 Loss of shop/ trade/ 5.1 Employment to at least commercial structure 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. 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. 3,000/- 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 are required to relocate due to the project. 5.4 One-time assistance of Rs. 25,000/- 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 Page 21 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. Additional 5.6 onetime 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 5.7 Right to salvage affected materials PART III. IMPACT TO SQUATTERS AND ENCROACHERS – Those in the Right of Way where no Land Acquisition is done 6 Impact to Squatters 6.1 Loss of House Only those directly affected squatters 6.1.1 Compensation at who live there will be eligible for all scheduled rates without assistance. depreciation for structure with 1-month notice to Structure owners in government demolish the affected lands who do not live there and have structure rented out the structure will be 6.1.2 Right to salvage the provided compensation for structure affected materials and no other assistance will be 6.1.3 House construction grant provided to them. The occupier of Rs. 1,20,000/- for all (squatter-tenant) will be eligible for those who have to other assistances. relocate and who do not have a house. Additional house site grant of Rs. 50,000/- to those who do not have a house site 6.1.4 One-time subsistence allowance of Rs. 18,000/- 6.1.5 Shifting assistance of Rs. 10,000/- 6.2 Loss of Shop Only those directly affected squatters 6.2.1 Compensation at who do business there will be eligible scheduled rates without for all assistance. depreciation for structure with 1-month notice to Structure owners in government land demolish affected who do not do the business and structure have rented out the structure will be 6.2.2 Right to salvage the provided compensation for structure affected materials and no other assistance will be 6.2.3 One-time rehabilitation provided to them. The occupier grant of Rs. 25,000 for (squatter-tenant) will be eligible for reconstruction of affected other assistances. shop. 6.2.4 One-time subsistence allowance of Rs. 18,000/- 6.2.5 Shifting assistance of Rs. 10,000/- 6.3 Kiosks / Street Vendors Petty shop will include commercial Page 22 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. 6.3.1 1-month advance notice kiosk, vendor where business is to relocate to nearby carried out. Petty shop shall get one- place for continuance of time financial assistance of such economic activity. amount as the appropriate 6.3.2 For temporary loss of Government may, by notification, livelihood during specify subject to a minimum of construction period, a twenty-five thousand rupees for monthly subsistence construction of petty shop. allowance of Rs. 3,000/- will be paid for the PIU and the implementation support duration of disruption to NGO / agency will consult such livelihood, but not PAPs and assess the requirement of exceeding 3-months subsistence allowance for kiosks and 6.3.3 If relocation to nearby vendors receiving the cash place and continuance of assistance under the petty shop economic activity in the category. same place is not possible, then one time rehabilitation grant of Rs. 25, 000/-. 6.4 Cultivation 6.4.1 3-month notice to harvest standing crops or market value of compensation for standing crops 7 Impact to 7.1 Cultivation Market value for the loss of standing Encroachers 7.1.1 3-month notice to harvest crops will be decided by the PIU in standing crops or market consultation with the Agriculture or value of compensation Horticulture Department for standing crops, if notice is not given 7.2 Structure 7.2.1 1-month notice to demolish the encroached structure 7.2.2 Compensation at The value of commercial structures scheduled rates without and other immovable properties will depreciation for the be determined on the basis of affected portion of the relevant Basic Schedule of Rates structure (SR) as on date without depreciation PART IV. IMPACT TO VULNERABLE HOUSEHOLDS 8 Vulnerable 8.1 One-time assistance of One adult member of the affected Households Rs. 25,000/- to DHs who household, whose livelihood is have to relocate 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 Page 23 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Sl. Impact Category Entitlements Implementation Guidelines No. 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 relevant training institutes PART V. IMPACT DURING CIVIL WORKS 9 Impact to structure / 9.1 The contractor is liable to The PIU will ensure compliance to assets / tree / crops pay damages to assets / these provisions. trees / crops in private / public land, caused due to civil works 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 setting up of camps or diversion of docking areas during civil works. PART VI. COMMON PROPERTY RESOURCES 11 Impact to common 11.1 Relocation or restoration, property resources if feasible, or cash such as places of compensation at worship, community replacement cost. buildings, schools, etc. 12 Utilities such as 12.1 Will be relocated and The PIU will ensure that utilities are water supply, services restored prior to relocated prior to commencement of electricity, etc. commencement of civil civil works in accordance with the works. 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. 5.2. Land acquisition Process In this Project, acquisition of private land, if required, will be done through the land acquisition process by the revenue department, as specified in the Act. 5.3. Livelihood Restoration and Income Generation Plan The Project will not cause permanent loss of livelihood to anyone butmay cause temporary shifts, especially during the construction phase. The land by the River side mainly belongs to the Government and several commercial squatters occupy this land and only such persons will be impacted. They will be vacated from the area before the construction works are initiated, giving prior notice for shifting. Most of the structures created are temporary sheds and kiosks which can be shifted easily. While consulting with these shop keepers, they said Page 24 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan they use to shift these shops every year during flood season, when water level raise up to these shops floor level. Even the ferry services will be closed in such seasons and without ferry services and passengers they will not be any business as well.. So it is mutually dependent. 5.4. R&R supports to vulnerable categories Vulnerable categories occupying the project area and are eligible for compensations as per World Bank norms, which is one time compensation of INR 50000/-per family. But there are no such families occupying within the project area of these 3 priority Ghats. 5.5. Compensation package to squatters The Compensation package to squatters includes- replacement cost of structures, shifting allowance, and Livelihood loss/restoration compensation, additional R&R allowances for SC/ST and training allowance/supports. 5.6. Skill training/Skill up gradation training Skill training/Skill up gradation training etc will be organised in thePIA , for increasing the skills of members of the affected families to engage in meaningful livelihood, with the support of NGOs implementing the RAP. Women will get special supports for such training. TNA exercise to identify the need will be done and appropriate skill development agencies will be engaged to provide required training. 6.1. Institutional arrangements The project implementation will be led by the Project Management Unit (PMU), established within AIWTDS. The State Project Director (PD) will be the Head of the PMU and he will be assisted by an Additional State Project Director and a Deputy Director to discharge the functions of the PMU. The Social Development Specialist at PMU will be responsible for overall coordination and monitoring of the implementation of social safeguard instruments- SMF/RPF/IPDF and sub-project SMP/RAP cum IPDP. The PMU will monitor the activities of the social specialist at the Divisional office (E.&S Cell) in-charge of coordinating the field level activities related to the implementation of the SMP/RAP cum IPDP, with the assistance from a RAP Implementation Agency (supporting NGO), deployed for the purpose. Page 25 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Organogram: Flow Chart - B: Institutional Arrangements for Environmental & Social Safeguards Management 1 Govt. of India PMU (AIWTDS), World Bank General Ulubari, Guwahati Consultant (GC) Environment & Social Development Experts (PMU) General Consultant (GC) I. Execution of Civil Work II. Modernization of Vessels Technical Supervision Consultant (TSC) Use of eco-friendly devices in modernized vessels to reduce Env. Officer& Social Dev. Env. Officer& Social Dev. Env. Officer& Social Dev. emission, oil spillage and OfficerSilchar Division, Officer Guwahati Division, Officer Dibrugarh Division, noise vibration in water Safeguard (PMU) (PMU) Monitoring (PMU) Consultant (Third Party Env. & Safety Officer Env. & Safety Officer Env. & Safety Officer Non-Governmental Organization (NGO) Monitoring) (ESO) of Contractor, (ESO) of Contractor, (ESO) of Contractor, forRAP Implementation & Micro-Plan Preparation at Silchar (PMU) at Guwahati at Dibrugarh 1 Flow Chart- --- to be followed for GRM procedure 7.1. Citizen Engagement Community Consultations will be done to assess stakeholders' interest and support for the project and to ensure their ideas and opinion are taken into account during the project preparation. Such consultations were completed at Guwahati and Majuly, after the preparation of scoping and screening reports and Social Management Framework reports, and the suggestions of the stakeholders were incorporated. Further consultations on SIA reports are scheduled soon after the reports for SIA is ready for disclosure. Such consultations will help to minimize the risks and improve effective and inclusive engagement with the project affected parties throughout the project life cycle. This will also facilitate appropriateand timely sharing of project information with the stakeholders. Disclosure Requirements for Social Safeguard Instruments Disclosure Requirement Updating Re- Instrument Public of Final Translation Disclosure disclosure Consultation Report SIA Translate To be Prior notice (2 Submitted SIA including including the report in disclosed at weeks min.) the revised RAPs to be RAPs for Assamese panchayat, through report disclosed on priority on 21Feb municipality advertisement in on18/2/201 AIWTDS terminals 2019. or municipal two regional 9_. website and with no land corporation newspapers. World Bank „s acquisition. at the External village level. website Page 26 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan SIA SIA Notification - - - including notification to be SMP by in disclosed at (Revenue Assamese panchayat, Deptt.) for as per Sec. municipality land RFCTLARR or municipal acquisition. Act 2013 corporation and Rule 5 at the (1) Assam village level. Rule 2015 SIA Report Report and Prior notice (3 Updating Recommendat and SIMP Plan weeks min.) and ions of expert in distributed through public translationgroup to be Assamese to affected notification, of given the to as per Sec. Gaonpanch advertisement in report and affected RFCTLARR ayat and local SIMP Gaonpanchay as 2013 and municipal newspapers, per Ruleat and Rule 5 (6) offices and direct 11. municipal Assam Rule in office of communication offices and in 2015. DC, Sub- with Appraisal office of DC, divisional Gaonpanchayat/ of the SIA Sub-divisional officer and Municipal Ward report by officer and Circle & uploading an expert Circle officer & officer. Rule information on group. uploaded on 5(6) Assam the website of the website of Rule 2015 the concerned the state govt. district. Rule 10 and district (3) Assam Rule concerned. 2015 Rule 12 (2) Assam Rule 2015 SIA Report and SIMP to be disclosed on AIWTDS website and World Bank external website 8.1. Grievance Redress mechanism (GRM) Complaints can be registered through multiple grievance uptake channels, such as a dedicated helpline, email, by letter to the GRCs (a divisional level or upper level GRC) or walk-ins and registering a complaint on grievance logbook to be provided at each project site/ghat or suggestion box. There will be specific procedures for Gender Based Violence (GBV) including confidential reporting with safe and ethical documenting of GBV cases. An SOP/Guidebook will be developed which will lay down procedures for handling grievances in a timely and effective manner. A divisional level Grievance Redressal Committee (GRC) will be set up to resolve the complaints from the field. The GRC will comprise of Divisional Executive Engineer; Additional Deputy Commissioner of concerned district; Social Officer-PIU, representatives of Page 27 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan the concerned Village Panchayat/Council President or his/her authorised representative and supporting NGOs for implementing the RAP. Grievances of PAPs in writing will either be brought to GRC for redressal by the supporting NGO or through multiple uptake channels. The GRC will respond to the grievance within 7 days. Grievances brought to the GRC shall be redressed within a period of one month (30 days) from the date of receipt of grievance. The decision of the GRC will not be binding to PAPs i.e., decision of the GRC does not debar PAPs taking recourse to court of law. Petitioners who wish to submit an appeal to the higher authorities can directly appeal to the GRC at the PMU, which will comprise of the Project Director, Advisor (Administration),Social Development Specialist, member of the Assam IWT Regulatory Authority, representative from the Revenue Department and a recognised NGO. On receiving the complaint, the Advisor (Administration), designated as the Officer in charge of GRM at the PMU will issue an acknowledgement to the petitioner within 7 days. The case will be disposed by the PMU within 30 days of receiving the complaint. Details of the resolved cases will be documented and published on the website. As per the provisions of the Assam Right to Fair Compensation and Transparency in Land Acquisition Resettlement and Rehabilitation Rules 2015 (Section 45) the state Government will designate a Rehabilitation & Resettlement Authority to handle the disputes related to the payment of compensation for L.A and R&R issues. Page 28 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 9.1. Gender Development Plan A Gender Action Plan prepared, to address various gender related issues identified and those concerned has to address such issues, towards reducing gender disparities in the project, spread across the Project period, as summarised below Stages of Activities Indicators Responsibility the Project Planning Gender inclusive IWT and Women/aged/ disabled ISDP trade facilitation study friendly designs for seating, Consultant; carried out. storing items, wash rooms, DPR Modification of fleet and approach bridges ,waiting Consultant terminal design features to area ,lighting, surveillance accommodate requirements camerasetc to be installed. of women, children, infirm Improvement in perception and differently abled, from of safety among women in the perspective of safety the project areas and security. Preparation Gather gender User friendly ergonomic ISDP disaggregated data during designs AIWTDS-PMU the SIA and organise No. of payments disbursed and PIU consultations with users to to joint names, get their ideas while No. of women headed planning and designing the households who received Ghats/vessels. one time payments LA and R&R: assistances. Ensure payment of Number of women who compensation on joint have received skill accounts of men and development training women; one-time assistance to women headed households; Ensure training for skill development to women (and other vulnerable groups) whose livelihood is affected, including cost of training and financial assistance for travel/conveyance and food Construction Measures such as Proportion of ISDP and compliance with various skilled/unskilled/professiona Construction labour welfare legislations l women involved contractors which mandate the AIWTDS –PMU contractor to provide and PIU facilitiesencouraging women to join the workforce, such as those pertaining to creches, working conditions and remuneration. Page 29 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Operation ↦Strict scheduling of the Display boards about boat AIWTDS services – schedules and strict SMS alerts etc to update adherence to the same. users/ Ticketing facilities in Training boat crew on convenient places. safety. And gender ↦.Safety-displaying safety sensitization. instructions, providing life jackets Introducing Women special ↦Women special boat boat services. service for ensuring IWT services that allow women to access distant market and return to expand scope of business for women traders GRM ↦Steps to limit Complaint Boxes in Ghats. AIWTDS/GRM overcrowding, Gender sensitization systems Display boards to improve Display boards awareness of women rights, Dedicated hotline working and GRM. for GBV issues ↦By-stander vigilance to enhance the safety of the travel environment M&E Use regulatory powers to Regular checking and AIWTD check quality improvement reporting by Checking and monitoring of vessels- inspectors both public and private Social auditing. 9.2. Livelihood supports to Women SHGs In the social surveys and Focus Groups discussions women explained that they are backward mainly because of their economic dependency. So they demanded supports to develop their skills for employment and provide various employment opportunities at the construction sites as well as in some schemes in connection with the Project. So skill development trainings will be provided to women from impacted areas to improve their skills for additional employment and income generation. The supporting NGOs while preparing the micro plans will assess the training need Assessment and organise such training programmes in the community as part of the RAP 9.3. Gender sensitive water transport system As part of the IWT project Gender Sensitive Inland Water transport design and implementation must become top priority factors. Field data indicates general lack of security and safety feeling among women while using IWT. Strong steps must be built into the IWT transport system to ensure safety and security of women, children, infirm, differently abled. 10.1. Indigenous Peoples Development Plan (IPDP) World Bank‟s safeguard policy statement for indigenous People, ensures that for all projects that are proposed for Bank financing and affect Indigenous Peoples, a process of free, prior, and informed consultation should be done which in turn will results in broad community support to the project by the affected Indigenous Peoples. Such Bank-financed projects Page 30 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan include measures to (a) avoid potentially adverse effects on the Indigenous Peoples‟ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerational inclusive. Indigenous Peoples Plan for various stages of Project Cycle Stages Procedures Activities & Outcome Preparation  Identify concerns/issues in relation  Preparation of a list of issues to the project activities through during the social screening and Participatory Rural Appraisal (PRA) scoping process exercises  Information dissemination on  Communicate with Autonomous the project and brief account of District Councils/GaonPanchayat to project implementation plans carry out Free, Prior, Informed and framework held on Consultation at the village level th February 7  Organize consultation with STs to  Stakeholders consultations and inform about the project activities FGDs held at Majuli during the and benefits SIA.  Identify key areas of constraints  List areas of constraints that may be improved through the  Number of consultations & project and develop detailed plan signed minutes for tribal development  List of activities specifically targeting tribal development Implementati One-time additional financial  List the no. of PAFs accruing on assistance of Rs. 50,000 to SC/ST the benefit. PAFs who are displaced and require to relocate due to the project.  Employment to members from tribal  Number of STs employed community in carrying out actual construction work Operation  Improvement of terminals and ferry  % of tourists visiting historic services to attract and promote sites, areas, museums, other tourism heritage attractions using the  Free Prior and Informed ferry Consultation with the tribal communities.  Capacity building of ST/SC and  Training calendar to be other vulnerable groups, and skill prepared up-gradation for institutional  Number of trainings undertaken strengthening.  Number of tribal members trained  Number of ST employed  Employment generation for ST in undertaking various activities related sub project activities under the project  Help build linkages with major  Number of STs that have government schemes for skill availed the Jibondinga scheme Page 31 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Stages Procedures Activities & Outcome enhancement and improvement of or similar incentive promotion ferry services (Jibondinga scheme). schemes. GRM  Including a member of the ADC in  Number of grievances brought the sixth schedule area in the GRC, forward in ST areas and to address R&R and land related addressed. disputes. 11.1. Labour, Health and Safety During the project implementation phase, labour, health and safety are some of the major areas where risks may emerge, and mitigation measures must be planned. The SIA revealed the lack of knowledge among the local workers of labour welfare laws. Labour unions are not reported from any of these villages, except in one place. Foreseeing the involvement of women both directly and indirectly in the construction activities, certain measures are required to be taken towards welfare of labourers in general and well-being of women and children in particular during the construction phase. Furthermore, the construction contractor is responsible for providing temporary residential accommodation and other necessary infrastructure facilities as per the „The Building and Other Construction Workers (regulation of employment and conditions of service) Act, 1996‟. Women may participate as unskilled labourers during construction and steps maybe taken to ensure their health and safety 11.2. Provisions for Labourers in the Construction phase The construction sites established by the contractor needs to comply with all applicable labour laws. Accordingly, few recommendations are being made for the construction camp workers particularly to safeguard the interest of women working on site. Additionally, the supervision consultant and PIU will monitor the labour standard compliance during the construction phase,. The prevalence of Sexually transmitted diseases and AIDS is often rampant in construction areas. Unhealthy sexual behavior gives rise to STDs and AIDS. In context of the vulnerability of the construction workers, Awareness camps for persons, both in the construction camp and neighbouring villages as well, and supply of condoms at concession rate and condom vending machines at specific locations. All safeguard measures to manage the risks of Labour Influx management, mentioned in the SMF framework need to be ensured and monitored by the Divisional E&S Cell, with the support of NGOs. 12.1. Monitoring and Evaluation Plan Monitoring and evaluation of the project activities will be done in definite periodicity (monthly/Quarterly/ half yearly/annually etc) to ensure that the set milestones are met in harmony with the social management framework. The project is responsible for internal monitoring on regular basis with the help of Social Development team in the Project Management Unit (PMU) of AIWTDS. At the PMU level an M&E specialist may be required for this purpose. If qualified personnel are available in AIWTP, they may be deployed or a new personnel have to be contracted. 13.1. Budget estimates for Social Management Plan including R&R costs Budget estimates worked out for implementing the SIA, Rap and IPDP for 3 Priority Ghats along with Institutional costs. Page 32 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 1.Introduction 1. Introduction Assam has approximately 1980 Km of navigable waterways of which the most important for transport purposes are the Brahmaputra and Barak Rivers. The Brahmaputra River with a length of 891 Km between the Bangladesh Border and Sadiya,was declared National Waterway no. 2 by the Government of India in 1988and the development of its navigation infrastructure is the responsibility of the Inland Waterways Authority of India (IWAI). IWAI is currently aiming to maintain a navigable depth of 2.5m from Bangladesh Border to Neamati (629 Km), 2.0 m from Neamati,Dibrugarh (139 Km) and 1.5m from Dibrugarh does not own the water resources or have responsibility for operating water transport services. Landside activities such as riparian land-use development are regulated by State or local governments. The Brahmaputra, running through the heart of the state, provides a vital link for both urban and rural ferry services which are the single most important transport mode for many sections of the population, especially rural households in Assam. These ferry services are provided by the Directorate of Inland Waterway Transport Assam (DIWTA), and by country boat operators‟ typically small independent and informal private businesses. In addition to the 97 ferry service routes designated by the Directorate of IWT, there are numerous routes licensed by the local (village) and district councils. Other users of the river include the Central Inland Water Corporation Limited (a Government of India Undertaking transporting cargo and operating some terminals on the rivers in the Eastern India & North Eastern India and on the Indo-Bangladesh protocol routes), Border Security Forces, tourist organizations and private operators. Navigation on the Barak River (152 km) is minimal at present, which is declared as National Waterway 16 under the National Waterways Bill along with another 9 (nine) rivers in Assam. The DIWTA, established in 1958 and part of the Assam Transport Department, is responsible for developing, maintaining and regulating IWT services in the state. It also operates and maintains many of the passenger transport services, ferry terminals and navigation aids on both Brahmaputra and Barak Rivers. The ferry industry as a whole is characterized by an aging and poorly equipped fleet. Most demand is now met by the informal sector operating traditional country boats without supporting infrastructure. Terminal facilities and navigational aids are insufficient. Most ferry terminals consist of no more than improvised moorings on the bank of the river, which require relocation with changing river conditions, often over substantial distances. In the absence of bank protection, the main ferry terminals in or close to the urban centres (provided with floating, movable steel pontoons and temporary access roads) also typically require frequent relocation as river conditions change across seasons. The cargo sector is small partly because of market circumstances, partly because of connectivity problems and partly because the navigation standards provided do not permit reliable year round use by large modern vessels that can deliver competitive advantage over other transport modes. The Government of Assam (GoA) plans to transform the quality of inland water transport services and integrate high quality passenger and vehicle ferry services, and inland water freight system towards Assam‟s wider transport system. Towards this end, the World Bank is supporting the GoA, which has established the Assam Inland Water Transport Development Society (AIWTDS) to prepare and implement the Assam Inland Water Transport Project with World Bank financing support Page 33 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 1.1. Project Description The project is focused primarily on improving ferrying of cross-river passengers on the Brahmaputra, and seeks to use the opportunity to establish a tenable foundation for development of a modern IWT sector in Assam. The long absence of adequate policy response and piecemeal investments in IWT in the State (as also nationally) have resulted in somewhat unorganised and weak condition for the sector, which is not predisposed to a linear scale-up. Despite the odds however, Assam manages to provide ferry services to about 5 million people annually, usually along with their vehicles/livestock/goods. In order to support the functioning but ill-equipped IWT sector therefore requires a more granular approach encompassing a range of supply and demand side factors. As such, the project is guided by a binding philosophy that admits wider, and even incremental interventions as long as they contribute to strengthening institutions and planning; operational efficiency and safety; and importantly sustainability. 1.2. Project Components The Project has three main components and eight sub-components collectively intended to tackle the regulatory, operational and infrastructure challenges of the sector.  Component 1: Institutional, regulatory and safety strengthening (estimated cost USD 20 million). This component will include; a. Technical assistance: sector planning, design and roll-out of new Regulatory Authority, business planning for Assam Shipping Company and Assam Ports Company; training of staff to fulfil new roles in the restructured industry (USD 8 million); The subcomponent has essentially provided for technical assessments / studies to form basis for sector level strategic plans and institutional reforms. An Integrated Strategic Development Plan (ISDP) for the State is being prepared. The exercise involves preparing an overall transport strategy for Assam, and more specifically preparing investment plan to help mainstream Water Transport in the State including multi-modal integration and last mile connectivity. Studies on Environment Impact Assessment (EIA) and Social Impact Assessment (SIA) are also part of this component. Complementing the investments in infrastructure, the project aims to strengthen the Assam Inland Water Transport (IWT) Sector through a supportive Institutional Framework. A wide-ranging consultancy on Institutional Strengthening and Business Plan (ISBP) is assigned to study the system weaknesses in detail and develop prescription for more effective institutions. In doing so, the study has already provided the basic legislation for an Independent IWT regulatory authority (RA) to carry out the safety, environmental and economic regulation of the sector (shipping, ports, shipbuilding). An important emphasis of the sub-component while assessing sector laws and regulations is particular attention to Safety regulations for vessel and passenger movement, even more specifically for women and children. Recently, the Bill has been passed by the State in November 2018 for establishing an independent regulatory authority for Inland Water Transport. Further, the operational and commercial functions of the government‟s shipping operations and terminal services have been decided to be vested in two new corporations, the Assam Shipping Corporation (ASC) and the Assam Ports Corporation (APC) respectively. The two new corporations will be constituted under the Companies Act (2013), and subject to rigors of the market. The ISBP will develop Page 34 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan a Business Plan for the two companies and guide them through the initial period of independent operation. Another important element supported under the component is sector capacity. The capacity of institutions needs to improve to deliver roles effectively in the upgraded sector. The consultancy studying institutions (ISBP) will undertake a detailed assessment of capacity building needs of DIWTA staff from the point of view of their professional development, re-skilling and job mapping needs. In particular, building capacity to undertake regular surveys and charting of the river, recording and analysis of data, which in turn helps institutionalize knowledge on river navigation is of immense importance. The project therefore proposes to setup a new hydrography unit under the Directorate of IWT Assam. b. Safety management: river navigation aids, night navigation technology on some routes, and emergency response system (policy, procedures, vessel and equipment) (USD 12 million). The sub-component would draw on national / international experience in assessing appropriate aids to navigation, their procurement and deployment to allow 24-hour services / night navigation on most vulnerable / trafficked routes / crossing points. Beginning with pilots at 2-3 crucial locations, deployment of navigation aids will be scaled up based on the investment strategy for the sector. An important objective will be to support establishment of a Search and Rescue (SAR) Organization/piloting emergency response system (policy, procedures, equipment, and management) as well as improving systems for emergency preparedness including climate and natural disasters.  Component 2: Fleet safety improvements and modernization (estimated cost USD 25 million). This will include financing of: a. GoA incentive scheme (known as Jibondinga) to assist industry transition to the new regulatory regime. It is designed to support the scrapping and replacement of unsafe or obsolete private vessels and replace them with new vessels, or retrofit existing but acceptable vessels with modern marine engines and safety equipment (USD 10 million); The objective of supporting an Incentive scheme is to encourage investment in modern shipping technology including adoption of greener and safer technologies, through review of fiscal and other barriers affecting quality of boat construction and maintenance. GoA has prepared a draft proposal entitled „Jibondinga‟ - meaning water as source for life/livelihood for private country boat operators, which provides incentive both for new vessel acquisition as well as for retrofitting. The scheme considers special incentive to encourage women entrepreneurs and women self-help groups. Vessels design and specifications for procurement and retrofitting will be standardized to have better regulation as well as for ease of repair and maintenance. b. Procurement of new vessels for the Assam Shipping Company and retrofitting of existing public vessels (USD 15 million). To begin with, the project is assisting the Assam Govt. to procure 20 passenger ferries with the capability of carrying motorcycles in two sizes. One can carry 50 passenger and 25 motorcycles the other 100 passengers and 50 motorcycles. Allowance has also been made for the carriage of substantial amount of hand carried cargo in line with local custom and practice. To ensure substantially improved stability the two-wheelers will be carried below the gunwales of the Page 35 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan vessels. The vessels will be built to the class rules of a major classification society to ensure they are both robust and safe. The vessels are intended for operation as ferries across the river though they will have the capability to provide longer haul services to tourist travelling between Kaziranga National Park and Guwahati as well. Simultaneously, the project has initiated condition surveys of the existing govt. fleet, hull & machinery, deck and outfit items for their suitability, impact stability (for the area of operation), loading and other conditions. Select vessels may be retrofitted. This will also include measures to “green” the vessel fleet, including adoption of good waste management practices. A few medium-speed shallow draft Roll-On Roll-Off (Ro-Ro) passenger/cargo catamarans for selected major traffic routes are also planned for procurement. The project would also like to improve connectivity / access to basic services for many islands, villages and far-off chars by using additional floating stock which is customized to specific needs. Discussion with the district administration and local governments during early preparation missions, particularly to the upper reaches of Brahmaputra (Dibrugarh, Jorhat, Majuli), had revealed serious connectivity constraints to basic public services such as health and education for numerous small islands and remote chars. These have had profound impacts on health (high maternal and infant mortality), education, jobs and trade. For example, many inhabited islands do not have medical facilities and people have to travel to other nearby bigger towns to access services, which become critical during emergencies. For this, the project plans to utilize the existing Govt. fleet, which may no longer be suited for intensive passenger ferrying but could be usefully converted into mobile clinics, schools / library and for other such important services. These vessels will be suitably retrofitted and customised to their intended use.  Component 3: Improvement in terminal infrastructure (estimated cost USD 105 million). This will finance: a. Provision of priority terminals for the Guwahati and Majuli Island ferry routes (USD 70 million); In particular, this will finance the design and construction of few priority terminals at identified busy crossings (such as Guwahati, Majuli etc.) plus a few others (mostly country side) where upgrading is urgent. It would also provide standard designs for scalable infrastructure that can be adapted for other urban and rural ferry terminals (ghats). The infrastructure improvements / designs will in particular adopt a „working with nature‟ approach which ensures that project objectives are satisfied in a way that places natural ecosystem at center stage thereby making solutions non-damaging and sustainable (limit dredging, utilize portable / modular infrastructure design adaptation for landing stations to enhance climate change resiliency, low draft vessel designs, etc.). The developments would offer opportunities for ecotourism development, rejuvenating the river waterfront and integration of quality ferry terminals in the urban context. b. Provision of terminals on several other mainly rural routes, to be selected (USD 35 million). This will provide standard designs for modular and scalable infrastructure that can be adapted for other urban and rural ferry terminals. It also includes ancillary infrastructure such as road access, terminal buildings and other amenities for the physically challenged, women, children, old and infirm. Page 36 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan The total cost of the project is estimated at US$ 150 million. The IBRD support is estimated at US$120 million while the Govt. of Assam share will be US$ 30 million. 1.3. The purpose of SIA, RAP, IPDP studies The Social Impact Assessments (SIA) will help to identify the likely positive and negative impacts of proposed policy actions, likely trade-offs and synergies to facilitate informed decision-making. It is important to enhance positive and sustainable outcomes associated with project implementation. They support the integration of social and environmental aspects associated with the numerous subprojects into the decision making process. Resettlement Action Plan RAP) is a detailed action plan to cross cut the negative impacts on the impacted people due to developmental interventions of the Project and helps them to regain and resettle their loss of land and assets as well as livelihood. There are rules and regulations to resettle and rehabilitate affected communities/persons/ and families who have assigned entitlements to compensate their loss fully and restart life in a better way. Indigenous People Development Plan (IPDP) is to enhance equity, strengthen social inclusion and cohesion, promote transparency and empower the indigenous people in the impacted area, who may be poor and the vulnerable requiring additional care and supports. They will be consulted and explained the details of likely impacts on them leading to make informed decisions enjoying the special protections and rights they are entitled for, to lead a better life. 1.4. Priority physical works under the project (planned for first 18 months) In the initial phase, the project will make the following investments (physical works) under the three broad project components. Physical Investments Project Component Sub Component planned a. Technical assistance: sector planning, design and roll-out of new Regulatory Authority, business planning for Assam Upgradation of crew Shipping Company and Assam training centre Ports Company; training of staff Component1: to fulfill new roles in the Institutional, regulatory restructured industry and safety strengthening b. Safety management: river navigation aids, night navigation technology on some routes, and emergency response system (policy, procedures, vessel and equipment) Component 2: a. GoA incentive scheme Vessel improvement works Fleet safety (known as Jibondinga) to assist for private boat operator improvements and industry transition to the new (engine, hull etc.) modernization regulatory regime Page 37 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan b. Procurement of new vessels  Procurement of 20 new for the Assam Shipping public vessels Company and retrofitting of  Retrofitting of few govt. existing public vessels vessels  Two terminals at a. Provision of priority terminals Guwahati (LachitGhat for the Guwahati and Majuli and North Guwahati) Component 3: Island ferry routes  One terminal at Majuli Improvement in (Aphalamukh) terminal infrastructure b. Provision of terminals on several other mainly rural --- routes, to be selected 1.5. Need for SIA in priority Ghats Social Impact Assessment of these three priority terminals namely (1). LachitGhat and (2). North Guwahati Ghat and (3). AphalamukhGhat have been undertaken and accordingly, a Resettlement Action Plan (RAP) cum Indigenous People‟s Development Plan (IPDP) has been prepared based on the World Bank policies (OP 4.10 and OP 4.12) and relevant national and Assam State Government requirements. This RAP cumIPDP is prepared to assess the potential adverse and positive effects of the project interventions on individual and/or community. It also identifies and analyses the issues of social exclusion pertaining to vulnerable communities in accessing the project benefits. It further analyses existing legal and institutional framework applicable to involuntary resettlement and Indigenous Peoples. The key components of the Social Impact Assessment are:  Baseline survey to gather information about the socio-economic conditions of the project impact area.  Identification of key project stakeholders and the elaboration of a culturally appropriate process for consulting with the community at each stage of project preparation and implementation.  Assessment, based on free, prior, and informed consultation with the affected community, of the potential adverse impacts of the sub-project and the quality of the impacts, enormity, distribution, and their duration,  Identification of potential mitigation strategies to address the plausible negative impacts, so as to maximize project benefits.  Assessment of institutional capacity to implement project intervention.  Assess likely impact of labour influx on the host community and propose mitigation measures.  Develop monitoring and evaluation mechanism to evaluate the social development outcomes of the project; 1.6. Objectives of RAP-cum-IPDP The RAP cum IPDP has been prepared to ensure that the affected persons (mainly non-titleholders) are: Page 38 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 1. Informed about their options and rights pertaining to resettlement and rehabilitation; 2. Consulted, provided with technically and economically feasible resettlement alternatives and offered choices among them; 3. Provided prompt and effective compensation at full replacement cost for loss of assets caused due to the project; 4. Provided assistance (such as shifting allowance, transition allowance, etc.) during relocation and for a transition period, to restore their livelihood and standards of living; or at least to restore these to pre-project levels. 5. Provided with skill development assistance such as training, in addition to compensation. 6. Provided with free, prior, and informed consultation with the affected Indigenous Peoples‟ communities. 7. Receive social and economic benefits that are culturally appropriate, including, any measures to avoid, minimize, mitigate, or compensate any adverse effects on the Indigenous Peoples‟ communities. 1.7. Criteria to maximize project benefits and minimize adverse impacts The criteria for the formulation of strategies that will maximize project benefits and minimize adverse impacts of the project interventions on the affected communities are listed below:  It is impossible to completely eliminate the adverse impacts of the project, but it will be minimised to the possible extent and compensated to reduce the degree of negative impact.  Alternate choice for enhancing the benefits of the project will be carefully considered in this RAP, especially to support the vulnerable categories.  Informed and participatory consultations will be adopted throughout the course of the project to take decisions about the stakeholders  All possible potential risk factors will be analysed to implement the project, at all stages.  Periodic monitoring and evaluation with timely interventions as and when required, will be emphasised. Page 39 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 2.Methodology 2. Data Collection Primary and secondary sources of data collection were done to collect information about the socio-economic and demographic profile of the population falling within the PIA of the Ghats. Data Collection Tools are attached as Annexure (1) 2.1. Secondary Data Collection Secondary data collection was done through cross reference of all relevant documents collected and readily available. The main sources include:  Census Reports (2011)  District census reports of PIA districts  Reports /Publications from the Education/Health/Planning departments  Reports and data from SC/ST departments  Studies on Indigenous people of Assam  Gender status reports/ Gender and trade study by Mazars  Relevant Government policies, rules and regulations  World Bank Directives/ Policies pertaining to this project.  ISDP reports and ISBP reports  Project related documents 2.2. Primary Data Collection Primary data was collected from the villages and urban wards in the core area of the Project Impact Area (PIA), through household surveys, key stakeholder consultations, including key informant interviews and focus group discussions (FGD). Participatory appraisal techniques were used to collect information for some of the key informants such as women and indigenous people. The following data collection tools were used - 1.Questionnaire for PAPs (1B); 2.Questionnaire for Household (HH) survey (1A);3. Questionnaire (Combined) to Gaon leaders/ officials; 4. Key Informant Interview Questionnaire and 5. Focus Group Discussion formats for General Public, Gender groups, Indigenous groups and Labour groups/Livelihood groups(Refer to Annexure-1). The data was collected using an android based mobile application to ensure flow of information on a “real time” basis.The data collected was checked for accuracy, tabulated and subject to statistical analysis using SPSS or MS Excel. 2.2.1. Project Area of Influence Project Area of Influence includes both the area of direct impacts (physical footprint of the project) and the area of indirect impacts (10 km radius from each of the landing Ghats). Villages that fall within the 10 km radius from each of the landing centre/Ghats were found to be dependent on IWT facilities for socio-economic activities, particularly the rural communities living in the northern bank of the river. Hence, the 10 km radius helps capture all indirect or cumulative risks associated with the project. Area falling within 50 metres of the landing centre/Ghats, where people using the IWT services, and those directly impacted (loss of livelihood, structure/land and other assets) by the project were identified. This area includes the physical footprint of the project such as the terminal and access road, work staging areas, and areas likely to be affected during the Page 40 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan operational phase. 100% survey was done among PAPs within this area to generate information on the socio-economic baseline for the SIA. While a 10 percent household survey was conducted in the buffer zone (surrounding villages and municipal ward) of the proposed Ghats, to learn about the demographic, socio-economic and livelihood pattern of the people living there. This 10 percent sampling was done using the household details in the census survey 2011, and stratified random sampling was done to get representative samples of all strata. Total number of sample households selected for data collection in the 3 priority Ghats is furnished in Table No.2.1 Table 2-1 : Sample villages and number of households for primary data collection Name of Name of Villages/ percentage Total HH Sample HH district Ghats Municipal ward Kamrup Guwahati urban - Lachit Ghat - 50 metro area 10% Abhaypur 768 77 Kamrup 10% North Tiling Gaon 142 14 Guwahati North Guwahati 10% 83 8 Gaon Namalijala 380 38 10% Guwahati division- total sample size 187 10% GaramurJugiPathar 485 49 Aphalamukh AtoiChuk 78 8 10% Majuli DakhinpatSatra 805 80 10% BorbokaPathar 309 30 10% Dibrugarh division-total sample size 157 2.2.2. Interview with Village Gaon/ Line department officials The village/ward members, members/councillors of the village panchayats /municipal wards and other key officials of the local body were interviewed: Date Stakeholder Key Points of Discussion Period between Ward members of Information about the project and 6/12/2018 to Municipality, suggestions. 24/12/2018 Panchayat Leaders, Social infrastructure facilities within the Key officials of Local village/ how far from the village. bodies Livelihood patterns of the village. Solid waste management facilities in the village. Notified areas/ common property resources/Land use patterns River Regulation Zone (RRZ) details, environmentally sensitive areas, and demographic features of the village, social issues and related information Page 41 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 2.2.3. Focus Group Discussions FGDs among key stakeholders such as ferry users, livelihood groups /labourers, indigenous groups, women group, etc were conducted to get specific information about each category, substantiating the primary data collected through the surveys. In addition, key informant interviews (KII) with ferry operators were conducted. Date Stakeholder Key Points of Discussion General Public Local people, opinion Discussion to learn about the existing leaders, small traders, facilities and limitations of the Inland water women, teachers, transport in the village. Their major youth and suggestions for improvement of the representative of services; Information sharing on Project. NGOs, among others Livelihood groups Farmers, small shop Economic activities and employment owners, women SHGs, opportunities in the village. marginal labourers, Nature and patterns of migration /in fishermen, potters, and migration. weavers in each Existence of child labour (if any), male and village. female workforce participation, wage rates. Existence of any labour associations, unions and other organised groups. Assessment of availability of labour for the project and category skill of workers Women Groups Village women PRA mapping exercise on time including, housewives, management of women, educational and SHGs, NGOs, female employment status, presence and status of traders, elected reps women SHGs, prevalence of GBV in the (PRI leaders), area, housing and sanitation conditions, students, Asha knowledge about this project, and how workers, and would the project impact them. Anganwadi workers. Indigenous group Scheduled Tribe Mapping of occupational pattern of ST, categories awareness on special right protection, inclusion issues and other challenges, perception about the project, their suggestions and apprehensions. Ferry operators IWT staff and Private Key Informant Interviews (KII) and group Groups ferry operators discussions were conducted with the Ferry operators and they have several suggestions to incorporate in the project design. Private ferry operators were apprehensive about their future employment when the Project comes. None of them have sufficient skills and training for skill up gradation is significant Page 42 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 2.1 Photograph of surveys Page 43 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter.3.Social Baseline Information of the priority locations 3.1. Land Requirement for the Project Investments under Phase 1: The extent of land required for the upgradation of the Ghats/terminals in the three priority sites namely, Lachit Ghat and North Guwahati Ghat in Guwahati Division and Aphalamukh Ghat in Dibrugarh Division have been listed below: Table 1-1 : Land requirement for Lachit Ghat (South Guwahati): Sub-project: Lachit Ghat (South Guwahati) Name of Block & GP: Guwahati/ Guwahati-2 Project Amount of Land Govt. Private Dag No of Land Use investment land availabl land land no/ PAPs/s Pattern: required (in e Patt quatter Acres) a No Terminal Lachit Ghat Land side 0.0378 - 0.0378 - 1/ 0 nil Protected development Acres Acres land with compound wall and gate. Table 1-2 : Land requirement for the Ghat in North Guwahati: Sub-project: North Guwahati Ghat (terminal) Name of Block & GP: North Guwahati/ Sendurighopa Project Amount of Land Govt. Private Dag No of Type of investment land available land land No/Patta PAPs/ land required (in No Squatters Acres) Terminal North Guwahati Ghat Land side 0.0341 - 0.0341 - 672/0 4 Riverside Development Acres Acres land – Govt property Table 1-3 : Land requirement for the Ghat in Apalamukh: Sub-project: Aphalamukh Ghat Name of Block/GP/Village: Majuli/ Mouja-Shalmara/ Goroimari Doloni Project Amount of land Land Govt. Private Dag No of Type of investment required (in available land land No/ PAPs land Acres) Patta No Terminal Aphalamugh Ghat Land side 0.3188 Acres 0.3188 Govt - 538/132 9 Barren development Acres land land in the River side Page 44 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 3.2. Socio-Economic Profile of Project Influence Area 3.2.1. Lachit Ghat in South Guwahati Table 1-4 : Demographics of Guwahati city Demographics Female Male Total National Avg. Population 461990 495362 957352 1,210,193,422 Sex Ratio 933 940 Literacy Rate 370238 423122 793360 74% (80.13%) (85.41%) (82.87%) SC population 67014 18.46% (7%) ST 38294 10.97% (4%) Others 852044 70.56% (89%) Religious Hindu Muslim Others Hindus- 79.8% Composition 815499 119825 22028 Muslims-14.2% (84.44%) (12.45%) (3.11%) Others-6% The Table shows the demographic details of the Guwahati metropolitan city compared to National averages. Literacy rate, shows a better status compared to National average.SC and ST population percentage as low as 7% and 4% respectively.85% of the population belong to Hindu religion. Further, Guwahati has 39% (about 1.7 lakh) population engaged in either main or marginal works. 59% male and 18% female population are working population. 53% of total male population are main (full time) workers and 5% are marginal (part time) workers. Among women, 13% of them are main workers and 5% are marginal workers. LachitGhat, is in Ward No 02 of Guwahati Municipal Corporation. The total population of this Ward as per 2011 Census data is 16613 persons with 8780 (53%) men and 7833 (47%) women. Sex ratio is 892 and average Literacy rate is 91%.Literacy rate among women is 80.13% . 38% (6317) of the population are engaged in main or marginal works. Work participation rate of men in the ward is 55% and women is 19% .Among men 47% are engaged as main workers and 8% are marginal workers. Among women 14% are main workers and 5% are marginal workers. 3.2.2. Primary Data collection Primary data collected from among the sample of Households in the PIA gives the following picture. 3.2.2.1. Population: Out of 194 persons interviewed in 54 households, there were 103 males and only 91 females and hence the sex ratio is 884. Age categories of this population is shown in Table No 3.5. Table 1-5 : Age wise classification of Population in the sample Households Age categories Male Female Persons Percentage Below 6years 6 4 10 5 Between 7 yrs to 18 yrs 21 22 43 22 19 yrs to 30 yrs 22 23 45 23 Page 45 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 31yrs to 50 yrs 42 33 75 39 51 yrs to 70 yrs 10 6 16 8 71 to 80yrs 0 3 3 2 above 80 yrs 2 0 2 1 Total 103 91 194 The data clarifies that 27 percent of the population are children below 18 years, 62 percent belong to 19 to 50 years age group, the most productive category, and remaining 11 percent are elder citizens above 50 years. 3.2.2.2. Vulnerable categories Among the 54 households surveyed in the area, 69 percent belongs to vulnerable categories. Among them women headed families (6%) , families headed by disabled persons(9%) and SC/ST families(15%) have multiple vulnerability as they also BPL category and remaining 39 percent are BPL categories alone ,as shown in Table No 3.2 . As per the Human Development Report 2014, the multi-dimensional poverty index for the district is the lowest with a headcount ratio of 6.26. District ranking based on the values of overall HDI puts Kamrup Metro at the top (with a value of HDI 0.703) followed by Jorhat (HDI 0.655). Table 1-6 Vulnerable categories among the sample households H.H Vulnerability Status surveyed Numbers Percentage Women headed families 50 3 6 Scheduled caste families 7 13 Scheduled tribe Families 1 2 Families with Disabled persons 5 9 Other BPL families 21 39 Total 37 69% 3.2.2.3. Educational status of the family Among the sample Households,8 percent of the adults are illiterate , 52 percent are educated up to school educated, 26 percent studied up to Pre university (+2) studies and 11 percent are graduates. Two percent are post-graduates while no one is professionally qualified. Percentage female students enrolled in schools is high while they dropout and comparatively male students get better chances for higher education, which indicates the lower priority given to girl‟s education leading to poor gender status. Table 1-7 : Educational status of the sample households Educational status of families Male Female Total Percentage Illiterates 4 8 12 8 Primary education level 14 20 34 23 High school level 29 14 43 29 PUC/+2 17 22 39 26 Graduation 13 4 17 11 Post-graduation 3 0 3 2 Professional degrees 0 0 0 0 Page 46 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Diploma/Technical qualification 0 0 0 0 Total 80 68 148 Source-primary data Figure 1-1 : Educational trend of sample families 29 26 23 11 8 2 0 0 3.2.2.4. Occupational Status and categories Average work participation among sample families is seen as 53 percent, in which the female workforce participation is limited to 6.4 percent only. The Census data (2011) for Assam state shows a better picture of India, where 14.9 percent of urban women and 23.7 % of rural women are in the workforce. Generally the employment status of women shows an austere picture, as they are not earning even when they work hard and are engaged in unpaid domestic work, which increases their economic dependency on men and hence are considered as lower beings. Guwahati Municipal corporation area is a busy commercial area and 31 percent of the work force find their livelihood running small business and 6.4 percent of the workers are employed in Private firms. Government employees represent 4.3 percent and teachers by 2.1 percent as detailed in Table No 3.8 below. Table 1-8 : Occupational categories Total Male Female Occupational category workers Percentage workers workers Agriculture sector 2 1.4 2 0 Fisheries sector 1 0.7 1 0 Small business 44 31.2 38 6 Ferry men from village 1 0.7 1 0 Technical workers 2 1.4 2 0 Govt employees ( general) 6 4.3 6 0 Private firms 9 6.4 9 0 Teachers 3 2.1 1 2 Professional(Drs, Eng, Sr officers) 1 0.7 1 0 Artisans 0 0 0 0 Page 47 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Retired persons 3 2.1 3 0 Labourers 3 2.1 2 1 Factory workers 0 0 0 0 Total 75 53.2 65 9 Percentage 53.2 46.8 6.4 Marginal representation can be seen in agriculture, fisheries, ferry service, technicians, labourers, and as Professionals, besides few retired persons . Figure 1-2 : Occupational categories 23 5 3 2 2 2 1 1 1 1 1 0 0 0 3.2.2.5. Economic sector composition of the district The economy of the district mainly dependent on agricultural and industrial sector. More than half of its population are engaged in agriculture in order to earn their livelihood. The chief agricultural products in the district are wheat, paddy, coconut, sugarcane, orange, pineapple, lemon, coconut, etc. Every year a huge portion of the revenue comes from the agricultural products in the district. Guwahati refinery and two major tea plantationsin the district further alleviates its economy. 3.2.2.6. Income of the Households Family‟s income was counted considering income from all sources. For 56 percent of the sample families earn below INR 5000/- per month and for another 28 percent of the families earn between INR 5000/- to 10,000/- per month. Remaining 17 percent earned a monthly income average between INR 10,000/- to 30,000/- as shown in Table 3.9 below Table 1-9 : Income of families in the sample survey Number of Monthly income (average) including all sources families Percentage below 5000 rupees a month 30 56 Between 5001 to 10000 15 28 10000 to 15000 5 9 15000 to 20000 2 4 20000 to 30000 2 4 30000 to 40000 0 0 Page 48 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 40000 to 50000 0 0 Above 50000 0 0 Total 54 Figure 1-3 : Income of families in the sample survey 30 15 5 2 2 0 0 0 below Between 10000 to 15000 to 20000 to 30000 to 40000 to Above 5000 5001 to 15000 20000 30000 40000 50000 50000 rupees 10000 3.2.2.7. Ownership of land and assets Out of the 54 sample families, 40 families own their land and remaining lives in rented or temporary houses. The land owned by 48 percent of the families ranges from 1 to 2 acres, and remaining 18 percent have less than 0.25 acres of land. Three families are comparatively rich with landholdings of 3 to 4 acres. Details of land ownership are furnished in the Table No 3.10 below. Table 1-10 : Details of land ownership Ownership of land Number Percentage minimum land hold ( below 0.25 acre) 7 18 0.25 to 50acre 0 0 0.50 to 1 acre 5 13 1 to 2 acre 19 48 2 to 3 acre 6 15 3 to 4 acre 3 8 4 to 5 acre 0 0 5 to 10 acre 0 0 Page 49 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 1-4 : Ownership of land 48 18 15 13 8 0 0 minimum 0.25 to 0.50 to 1 1 to 2 acre 2 to 3 acre 3 to 4 acre 4 to 5 acre land hold ( 50acre acre below 0.25 acre) Housing conditions of the families shows that about 41 percent of the families live in huts/temporary sheds and another 45 percent live in sheeted houses. Remaining people lived in semi- permanent and permanent houses, as detailed in Table No 3.11 Table 1-11 : Type of houses Type of house- total no of Households Number Percentage Hut /temporary shed .thatched house 22 40.7 Sheeted house 24 44.4 tiled semi pucca house 5 9.3 RCC/ concrete /pucca house- single floor 3 5.6 Multi storied buildings 0 0.0 Figure 1-5 : Type of houses 44.4 40.7 9.3 5.6 0 Hut /temporary Sheeted house tiled semi pucca RCC/ concrete multistoried shed .thatched house /pucca house- buildings house single floor 3.3.1. North Guwahati North Guwahati is a „Town Committee‟ city in Kamrup district, Assam. The city is divided into 4 wards and have a population of 10,328 persons, of which 5,088 malesand 5,240 females(Census 2011).Sex ratio is 1030 and is more than the state average of 958. Literacy rate is 93.68 % which Page 50 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan too is higher than state average of 72.19 %.Male literacy is 96.51 %, while female literacy is 90.97%. Table 1-12 : Demographic Profile of North Guwahati : Female Male Total National Avg. Population 5240 5088 10328 1,210,193,422 Sex Ratio 1030 940 Literacy Rate 90.97% 96.51% 93.68% 74% SC population 43.06% 18.46% ST population 0.94% 10.97% General Population 66% 70.56% BPL population 31.98% Religious Composition Hindus Muslims Others Hindus- 79.8% 99.52% 0.15% 0.43% Muslims-14.2% Others-6% Source: Census 2011 Primary data was collected among 10 percent of the households (127 nos.) spread across four villagesviz-a-visAbhayapur, North Guwahati, Tilling, and Nemali, falling in the PIAof the North GuwahatiGhat. 3.3.1.1. Population and age categories The population of the sample households is 368 persons, 182 males and 186 females, which mirrors the trends noted at the district level. The age classification of this population is shown in Table No 3.1 3 below. 19 % belongs to below 18year category, 68% belongs to 19 to 50 age group and 13 % belongs to above 50 age category. Table 1-13 : Age-wise Population. Age categories Male Female Total % Below 6 years 7 5 12 3 Between 7 yrs to 18 yrs 37 22 59 16 19yrs to 30 yrs 37 59 96 26 31yrs to 50 yrs 76 79 155 42 51 yrs to 70 yrs 20 16 36 10 71 to 80yrs 3 5 8 2 above 80 yrs 2 0 2 1 Total 182 186 368 100 3.3.1.2. Vulnerable groups Out of the 127 families surveyed, 66 families are reported to be vulnerable categories(53%) which includes 5% women headed families, 30% SC/ST families 2 % disabled persons headed families ,who are BPL families too and remaining 17% families too are BPL categories. Details are shown in Table No 3.14. However, Kamrup district purports to have the lowest multi-dimensional poverty in the state. Table 1-14 : Vulnerable categories Vulnerability Status Number Percentage Women headed families 7 5% Scheduled caste families 35 28% Scheduled tribe Families 1 0.8% Families with Disabled persons 2 1.6% Page 51 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan BPL families 21 17% Total 66 53% 3.3.1.3. Educational status of the sample families As per the survey data, there are 8.7 percent of illiterates 42% school educated, 28% who studied up to +2/pre degree, 19 percent graduates and 3 percent post graduates. Representation of women focus more towards lower level education while men have more chances for higher education showing the gender disparities ,which is one of the root cause for the lower social status of women Table 1-15 : Educational status. Educational status of families Men women Total Percentage Total illiterates 6 21 27 8.7 Primary education level 15 22 37 11.9 High school level 42 49 91 29.4 PUC/+2 40 47 87 28.1 Graduation 37 22 59 19.0 Post-graduation 4 5 9 2.9 Professional degrees 0 0 0 0.0 Diploma/Technical qualification 0 0 0 0.0 Total 144 166 310 100.0 Figure 1-6 : Educational pattern 29.4 28.1 19 11.9 8.7 2.9 0 0 3.3.1.4. Occupational status Occupational pattern of the sample families shows that 40% of the families are engaged in small business, 18% working in private firms, 13% are labourers ,8% engaged in agri sector,7% are technicians, 5% teachers,4% Government employees etc. . Among the work force 79% are men workers and only 21% are women workers, which further contributes to the lower status of women. Table No 3.3.1.4 and Fig No 3.11 clarifies this status. Page 52 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Table 1-16 : Occupational pattern. Occupational categories Male Female Total Percentage Agriculture sector 12 1 13 8 Fisheries sector 0 0 0 0 Doing small business 59 7 66 40 Ferry men 2 0 2 1 Technical workers 11 0 11 7 Govt employees ( general) 5 2 7 4 Private firms 14 15 29 18 Teachers 4 4 8 5 Professional(drs, Eng, Senior officials) 3 0 3 2 Artisans 0 0 0 0 Retired persons 3 1 4 2 Construction workers 0 0 0 0 Labourers 18 3 21 13 Factory workers 0 0 0 0 Total 131 33 164 100 Percentage 79 21 Among the non-working categories 19 .3% are children and students below 18 years (12+59 nos) and remaining are women categorised under house wives without employment. Figure 1-7 : Occupational pattern 40 18 13 8 7 4 5 0 1 2 0 2 0 0 3.3.1.5. Major Livelihoods of the Area The Centre for North East Studies and Policy Research (C-NES) undertook extensive field level surveys in 2005-06 to assess the potential of alternative livelihood for the people inhabiting the banks of the river. From the livelihood patterns of communities in the research it was observed that the basic livelihood pattern in all the areas was subsistent in nature. Except for a few specialized skilled professions, all the communities had agricultural practices as the major livelihood activity. Dairying in fact has been observed as the main stay for the people. The animals are allowed to graze in the open except during the flood Page 53 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan period when the animals are temporarily shifted to higher elevations and roads. The villages near to the River are suitable places for animal rearing due to the availability of sufficient fodder. The milk production centres in Kamrup and Kamrup(M) districts occupy a major share in the total milk production in the state. In the surrounding portion of the proposed Ghats there is no animal grazing or fishing activity done and hence there won‟t be any impact on such livelihoods during the time of construction works. The communities at the north bank use the river for various purposes such as for travel, fishing, and as boat operators. There are a few important places of worship, putting North Guwahati in the tourism map. The local vendors at the temples, the priest as well as the private auto rickshaws derive income from the tourists and the deities. 3.3.1.6. Income of the family The incomeof the surveyed families indicated that 56 percent of the families earn less than INR 5000/- a month, while 23 percent of the families earn between INR 5000 to 10,000/- per month as shown in Table No 3.17 Table 1-17 : Income groups Income groups No of families Percentage Below 5000 rupees a month 71 56 Between 5001 to 10000 29 23 10000 to 15000 13 10 15000 to 20000 7 6 20000 to 30000 3 2 30000 to 40000 0 0 40000 to 50000 3 2 Above 50000 1 1 Figure 1-8 : Income of family 56 23 10 6 2 2 1 0 Below 5000 Between 10000 to 15000 to 20000 to 30000 to 40000 to Above rupees a 5001 to 15000 20000 30000 40000 50000 50000 month 10000 Page 54 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 3.3.1.7. Ownership of land and building 80 percent of the families (102 out of 127 families) have ownership of land and buildings where they reside. 92 percent of the families have land below 2 acres. The buildings where they live are semi pucca buildings (63 percent) or semipucca buildings, while 18 percent reside in huts or temporary sheds. Only 4 percent own a R.C.C/concrete structure. Table 1-18 : Ownership of land and type of buildings Extent of land Number percentage minimum land hold ( below 0.25 acre) 16 16 0.25 to 50acre 8 8 0.50 to 1 acre 13 13 1 to 2 acre 57 56 2 to 3 acre 3 3 3 to 4 acre 1 0 4 to 5 acre 0 0 5 to 10 acre 4 4 More than 10 acre 0 0 Type of building Hut /temporary shed .thatched house 19 18 Sheeted house 16 15 tiled semi pucca house 68 63 RCC/ concrete /pucca house- single floor 5 4 Multi storied buildings 0 0 3.4. AphalamukhGhat in Majuli district Majuliis the biggest River island and have a total population of 167,304 as per the Census 2011. Out of which 85,566 are males, while 81,738 are females. The average sex ratio of the district is 955.The total literacy rate is 78.56%, with a male literacy rate of 74.76% and female literacy rate at 61.34%. 3.4.1. PIA of Apahalmugh Four villages vizGaramurJugipathar, AtoiChuk, Dakhinpatsatra and Borbokapatharfalls in the PIA of the Ghat. The demographic features of these villages as per Census data 2011 are summarised in Table No 3.19below Table 1-19 : Project villages- Demographic profile as per Census 2011 data GaramurJugipathar AtoiChuk Dakhinpatsatra Borbokapathar Particulars Femal Femal Fem Fem Total Male e Total Male e Total Male ale Total Male ale Total No. of 485 Houses 78 805 309 Population 2248 1164 1084 338 167 171 4031 2078 1953 1444 746 698 Sex ratio 931 1024 940 936 Child (0-6) 287 157 130 35 18 17 513 257 256 146 69 67 Sex ratio(0-6) 828 944 996 971 Schedule 1029 530 499 Caste 39 16 23 1216 633 583 0 0 0 Page 55 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Percentage SC 45.77 11.54 30.17 0.00 Schedule 378 201 177 Tribe 0 0 0 625 300 325 0 0 0 Percentage ST 16.81 0 15.50 0 Literacy 1657 926 731 261 137 124 2807 1611 1196 1045 617 428 61.2 82.7 61.3 Literacy% 73.71 79.55 67.44 77.22 80.12 72.51 69.64 77.53 4 72.37 1 2 Total Workers 823 619 204 98 87 11 1745 1119 626 731 421 310 work Parrticipation % 36.6 27.5 9.1 29.0 25.7 3.3 43.3 27.8 15.5 50.6 29.2 21.5 Main Worker 749 585 164 92 84 8 990 842 148 340 252 88 Mainworkers% 91.0 71.1 19.9 93.9 96.6 8.2 56.7 48.3 8.5 46.5 34.5 12.0 Marginal Worker 74 34 40 6 3 3 755 277 478 391 169 222 27.3 23.1 30.3 margin wks% 8.99 4.13 4.86 6.12 3.06 3.06 43.27 15.87 9 53.49 2 7 Primary survey was conducted in this PIA covering 10 percent of the families and hence 190 families were surveyed and the data obtained is analysed below.. 3.4.1.1. Age groups and Population Total population in these 190 households was found out to be 963 persons, comprising 436 males and 420 females, showing a sex ratio of 963, which is at par with the district average (Census 2011). Their age classification is summarised in Table No 3.20.,which shows that 31 % are in under 18year age group 52% belongs to 19 to 50 years age group and 16% in 50+ age group. Table 1-20 : Population in Age groups Age Groups Male Female Total persons Percentage below 6years 31 30 61 7.13 Between 7 yrs to 18 yrs 96 111 207 24.18 19yrs to 30 yrs 96 101 197 23.01 31yrs to 50 yrs 142 111 253 29.56 51 yrs to 70 yrs 55 57 112 13.08 71 to 80yrs 10 6 16 1.87 above 80 yrs 6 4 10 1.17 Total 436 420 856 3.4.1.2. Vulnerable categories- 165 families out of 190 families interviewed were under the BPL category which constitutes 86.8% of the total households surveyed and are hence vulnerable .Among them 6% belongs to SC?ST category .There are no women headed families in these households neither disabled headed families. 3.4.1.3. Educational status Among the surveyed families there are 18% illiterates, 7% men and 12% women.53 % have attended schools up to High school level and among them 29% aremen and 24% women. Among pre degree studied persons 11% are men and 7% women. Among graduated 6% are men and 3% women and among Post graduates there are 2% men and no women. So it is Page 56 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan evident that women are getting education but they seems to be below men in educational status too. Table 1-21 : Educational status of families Female literacy Total literacy status Male literacy status Educational status status of families Persons % male % Female % illiterates 113 18 40 7 73 12 Primary education 105 17 60 10 45 7 High school level 221 36 114 19 107 17 PUC/+2 111 18 68 11 43 7 Graduation 57 9 39 6 18 3 Post-graduation 5 1 2 0 3 0 professional degrees 0 0 0 0 0 0 Diploma/Technical 0 0 0 0 0 0 qualification Total 612 100 323 53 289 47 Figure 1-9 : Educational status of families literacy statuL literacy statuL literacy statuL 250 200 150 100 50 0 3.4.1.4. Occupational status Employable category above 18years comprises 588 persons among the total population of 856 persons and the work participation rate among them is 45 percent. When the work participation of women are analysed, it could be seen that only 3 percent women are working and remaining 42% are men. Details are furnished in Table No 3.22. The livelihood sectors includes mainly 3 areas vizAgriculture sector (12%), Small business/petty shops (12%) and construction labourers (13%). Majority of women in the villages were seen to be engaged in small works like making pottery, agricultural activities, garment making, making pickles, drying fish etc ,but none of these works are considered as meaningful employment earning for a livelihood and hence they all continue to be dependents and unemployed. Page 57 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Table 1-22 : Occupational status of families Total Male Female Total Occupational status workers workers workers workers % Working in agriculture sector 71 0 71 12 Working in fisheries sector 2 0 2 0 Doing small business 65 6 71 12 Ferry men from village 0 1 1 0 Technical workers 8 0 8 1 Govt employees ( general) 5 1 6 1 Working in Private firms 14 4 18 3 Teachers 0 2 2 0 Professional(drs, Eng, Senior officials) 0 0 0 0 Artisans 1 0 1 0 Retired persons 3 0 3 1 Construction workers 79 0 79 13 Total 248 14 262 45% Percentage 42 3 45 3.4.1.5. Major Livelihoods of the villages Major livelihood of these villages includes: 1) Agriculture,2) Horticulture,3) Livestock,4) Fisheries 5) Traditional works which includes boat making and pottery 6) Household business. 7) Forest produce collection etc. Rice, vegetable and mustard were found to be the main produce cultivated in the village. They sell their produce in the nearby market at Rawna Para. Most of the families have livestock and poultry in their home, which is contributing to their food and income.(Source- International Journal of Interdisciplinary and Multidisciplinary Studies (IJIMS), 2017, Vol 4, No.3,91-96. 91) 3.4.1.6. Income of family 52 percent of the surveyed household have monthly income below INR 5000/-, while remaining 32 percent have an income ranging from INR 5000 to 10,000/- per month. Remaining 16 percent have an average monthly income ranging between INR 10,000 to 50,000/-. This includes income from all sources. This data does not coincide with the number of BPL families reported from the area. Among the 190 families, 170 families have ration cards and i66 cards issued are BPL cards. Table 1-23 : Income of families Monthly income (average ) No of Percentage including all sources families below 5000 rupees a month 88 52 Between 5001 to 10000 54 32 10000 to 15000 7 4 15000 to 20000 6 4 20000 to 30000 9 5 30000 to 40000 2 1 40000 to 50000 0 0 Above 50000 3 2 Page 58 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Total 169 100 3.4.1.7. Ownership of land and assets Majority of the families own land and house, though other assets are limited .The survey revealed that 74 percent of the families have land less than one acre. Majority(66%) of the houses are semi pucca or sheeted houses, and remaining 34 percent lives in temporary sheds made of bamboo and tin sheets .Details are furnished I table No 3.24 and 3.25 below Table 1-24 : Ownership of land Ownership of land No of families Percentage Below 0.25 acre 25 14.8 0.25 to 0. 50acre 42 24.9 0.50 to 1 acre 57 33.7 1 to 2 acre 12 7.1 2 to 3 acre 9 5.3 3 to 4 acre 10 5.9 4 to 5 acre 4 2.4 5 to 10 acre 5 3.0 More than 10 acre 5 3.0 Table 1-25 : Type of Structures Type of house Number Percentage Hut /temporary shed .thatched house 65 34 Sheeted house 121 64 Tiled semi pucca house 4 2 RCC/ concrete /pucca house- single floor 0 0 Multi storied buildings 0 0 Total number of Native households 190 3.5.1. Socio-Economic Profile of the Project Affected Households Few persons are directly impacted by the project as they are falling within the close vicinity of the Ghats where construction works are proposed and hence need to be shifted. A Census and Socio-Economic survey was carried out to collect baseline information of these Project Affected Households, to understand their social and economic conditions and the likely impacts. Data collected includes information on religion, social category, social group, land and structures, present usage of structures, education, occupation, sources of income, ownership of fixed assets and consumer items, awareness about the projects, choice with regard to compensation and resettlement and rehabilitation, etc. This baseline information generated would be useful for monitoring and evaluation of the resettlement action plan implemented. The socio-economic condition is discussed further in the following sections, to establish the profile of the project affected persons. Page 59 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 3.5.1.1. Social Profile The project will affect 13 PAHs comprising of 72PAPs. This include 18% children, 57% males and 43 % females. The maximum number of PAPs is likely to be affected by the project investment in Aphlamukh. Sub-project wise distribution of PAPs is presented in Table 3.26 below. Table 1-26 : Population of PAPs in 3 Ghat area Name of Ghat Population of PAPs Children Female Male LachitGhat 0 0 0 North Guwahati 4 8 12 AphalamukhGhat 9 23 29 Total 13 31 41 As such four categories have been made for the purpose of analysis. It is observed that 23% of the household comprise up to 4 members, 54% families are having 5-6 members, 23% families have 7-10 members and no families have more than 10 persons reported. Table 1-27 : Distribution of PAHs by household size Household surveyed Household members No. % Up to 4 3 23 5 to 6 7 54 7 to 10 3 23 > 10 0 0 Total 13 100 In terms of distribution of PAHs by Religion and Social Category, 100% of the PAH are from Hindu religion 77%(i.e10 families) are Scheduled Caste, one family(8%) from Higher castes and 2 families (17%) comprises of OBC. In terms of education levels, those who have completed primary schooling comprise about 41% and 46% of the PAPs are educated up to Class XII. 5% of the PAPs have obtained graduation and no one have post-graduation or professional degree. 8% of the PAFs are reported as illiterates too. As recorded in Table no- 3.28, that there is no substantial difference in the education levels between males and females, but males have more chances for Higher education than females. Table 1-28 : Distribution of PAPs by education level PAPs (excluding children < 6 years) Educational level Female Male Total % Illiterates 3 2 5 8 Primary education level 12 13 25 41 High school level 7 13 20 33 PUC/+2 4 4 8 13 Graduation 0 3 3 5 Page 60 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Post-graduation 0 0 0 0 Professional degrees 0 0 0 0 Diploma/Technical qualification 26 35 61 100 In terms of age-wise distribution 69% of PAPs are in the working age group (15-59). The person in the age group of up to 15 years is 27% who seems to be the students. See Table No.3.29 for breakup. Table 1-29 : Distribution of PAPs by age North Guwahati Aphalamukh Total Lachit % Age group T Fema Mal Total % Fem Male Tot % Fem Mal ot % le e ale al ale e al Up to 2 3 5 25 4 10 14 27 27 15 15 to 5 8 13 65 14 21 35 67 69 59 Above 1 1 2 10 2 1 3 6 4 59 Total 8 12 20 100 20 32 52 100 100 In terms of marital status, 51% are un-married/single. Married persons constitute 44% and the other categories such as Widow constitute 5% (Table No-3. 30). Table 1-30 : Distribution of PAPs by Marital status Lachit North Guwahati Aphlamukh Total Marital status No. % No. % No. % % Divorced 0 0 0 0 0 Married 10 50 20 38 44 Single 9 45 29 56 51 Widow 1 5 2 4 5 Widower 0 0 1 2 0 Total 20 100 52 100 100 Vulnerability status of PAPs was recorded during survey. It comprises of categories as defined in the Social Management Framework (see Chapter on Resettlement Policy Framework). Out of 13 PAHs, it was observed that there are 12 PAHs are in the BPL category, No HH belong to above 60 years of age or Women headed family. The breakup is given in Table No-3.31. Table 1-31 : Number of Vulnerable PAHs Vulnerability Lachit North Guwahati Aphlamukh BPL 4 8 Page 61 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Head of Household (> 60 Yrs) 0 0 Women Headed Households 0 0 Total 4 8 3.5.1.2. Economic Profile All these13 PAPs, affected by the project are engaged in minor trades such as running tea shops /restaurants, pan shops etc around the Ghats. Some of their family members are engaged in subsidiary activities such as farming, fishing etc ,but the exact number was not reported as it is not a regular occupation . The family generally depends on these 13 shops as their main subsistence and family members also join the activities of the shops such as cooking,selling etc. Hence women members of the family are also participating in the activities. These shops are shifted to adjacent plots or closed for some months during the flood seasons, when water level raises up and ferry services are temporarily stopped. When there are no passengers they do not have customers too. A detail of occupational engagement is given in Table No-3.32. Table 1-32 : Distribution of PAPs by occupation Occupation Lachit Ghat North Aphalamuk Total Guwahati hGhat No. % No. % No. % Agriculture 0 0 0 Business(small shops) 4 100 9 100 13 Carpenter 0 0 0 Nurse 0 0 0 Driver 0 0 0 Housewife 0 0 0 Shopkeeper 0 0 0 Self Employed 0 0 0 Doctor 0 0 0 Service 0 0 0 Teacher 0 0 0 Tailor 0 0 0 Labor 0 0 0 Other 0 0 0 Total 4 9 13 In respect of household income, respondents provided indicative household‟s monthly income. For the purpose of analysis households were grouped into different income categories. 33% of the PAHs have reported income up to Rs.5000/-. 44% of PAHs lie in the income category of Rs.5001 to 10,000/-, followed by 22% of PAHs in the income category of Rs.10000 to 20,000/-. Nobody earns above that limit Table 1-33 : Monthly Household Income of PAHs by income range Income groups No. % No. % No. % Below 5000 rupees a month 2 50 3 33 Between 5001 to 10000 2 50 4 44 10000 to 15000 0 2 22 15000 to 20000 0 0 20000 to 30000 0 0 Page 62 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 30000 to 40000 0 0 40000 to 50000 0 0 Above 50000 0 0 4 100 9 100 3.5.1.3. Basic Infrastructure: 50% of PAHs reported usage of Liquefied Petroleum Gas (LPG) as the main fuel used for domestic purpose. Remaining 50% of PAHs reported firewood as alternate source of fuel. Main source of lighting was electricity as reported by 83% PAHs and the rest are from other sources. The data further reveals that 70% of the families live in semi pucca buildings, while 30% reside in huts or temporary sheds and in sheeted houses. Only one person owns a concrete building structure. Page 63 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter4.Impacts on Project Affected Families The project has direct and indirect impact on the people and their families as discussed below. Table 0-1: Land required and impacted people Name of sub Land required in (Ha) SIA No. of families Total Total no. project completed displaced (losing no. of of PAPs in structure) PAFs PAFs Private Government Land (Ha) Land (Ha) South Nil 0.0378 Acres Yes Nil Nil Nil Guwahati North Nil 0.0341 Acres Yes Nil 4 20 Guwahati Aphalamukh Nil. 0.3188 Acres Yes Nil 9 52 Ghat 4.1. Major and Minor Impacts on the affected properties Major impact: There are 13 commercial/small businesses in the two priority sub-projects (except LachitGhat), where the major part of the structure is affected and will become untenable. The structures are temporary sheds (11 nos) and kiosks (2 nos) which cannot function and need to be shifted. The type of loss noted in all three sites have been listed below: Table 0-2: Type of Loss Category of PAPs Type of Impact Unit of Lachit Ghat North Aphalamukh Entitlement Guwahati Ghat Titleholder – Loss of Land Nil Nil Nil Nil Agriculture Land / and Assets Non-agriculture land / Homestead Land and assets Titleholder – Loss of Structure Nil Nil Nil Nil Residential Structure Titleholder- Loss of Structure Nil Nil Nil Nil Commercial/ industrial Structure Titleholder- Loss of Structure Nil Nil Nil Nil Residential cum- commercial/ industrial structure Tenants- Loss of Structure Nil Nil Nil Nil Residential / commercial / industrial Structure Squatter- Loss of Structure Nil Nil Nil Nil Residential Squatter- Loss of Structure 11 - 2 9 Commercial (shop) / Residential cum- commercial Squatter- Kiosk/ Loss of 2 - 2 0 street vendors Livelihood Squatter- cultivation Loss of nil nil nil nil Livelihood Page 64 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Encroacher- Loss of Nil Nil structure Structure/ Assets Encroacher- Nil Nil cultivation Additional support Nil Nil Nil to vulnerable groups Employees in Loss of 13 0 4 9 shops, agricultural Livelihood labourers, sharecropper Community Assets Loss of Water kiosk 1 nil nil Community Ticket counter 1 Assets Vulnerable Loss of Land, Nil Nil nil nil Category Structure or both In Lachit Ghat, the proposed land is a protected Government property with compound wall and gate. A portion of this land is currently used as parking area for vehicles and some constructions like cement benches etc are there which is used as a park by passers-by. An e-toilet is also put up in the other end corner of this property, by Smart City Project. An approach road with side wall protections leads to the River bank. All these can be retained with required modifications and hence is not counted as impacted structures. Table 0-3: Type of Structures affected of Non-Titleholder Structure Total Affected Major Impact Minor Impact Structure Pucca Semi Kutcha Pucca Semi Kutcha Pucca Pucca Residential Nil Commercial 13 Nil 3 10 Nil Nil Nil Mixed Nil Other(water 2 2 kiosk and ticket counter) The Project shall affect 13 no. of structures. Aphalamukh will be most affected as it will experience impact on 9 structures followed by North Guwahati (4) and Lachit Ghat, one water kiosk and a small room previously used as ticket counter. In all the 13 structures there are impacted persons and 12 among them fall under the vulnerable category. See Table below for sub-project wise break-up. Table 0-4: Details of PAPs with affected structures. North Guwahati Name of PAP Vulner Ownershi Details Nature of impact ability p of land status Bapdhan Das Govt land Commercial 1.strucutre shifting structure 2. impact on livelihood 1 SC (shop) 3.vulnerable category . Page 65 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Abhi Das Govt land Commercial 1.structure shifting structure 2. impact on livelihood 2 SC (shop) 3.vulnerable category . SusankhanSaiki SC Govt land Kiosk/street 1. structure shifting a vendor 2. impact on livelihood 3 3.vulnerable category . Milan Saikia SC Govt land Kiosk/ street 1. structure shifting vendor 2. impact on livelihood 4 3.vulnerable category . AphalamukhGhat Name of PAP Vulner Ownershi Details Nature of impact ability p of land status Dulal Das SC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 1 (shop) 3.vulnerable category . Pradipdas SC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 2 (shop) 3.vulnerable category . Budhin Das SC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 3 (shop) 3.vulnerable category . Atul Das SC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 4 (shop) 3.vulnerable category . Kushedhar Das OBC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 5 (shop) 3.vulnerable category . Luhit Das OBC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 6 (shop) 3.vulnerable category . Bhodeshwar Higher Govt land Commercial 1. structure shifting Das caste structure 2. impact on livelihood 7 (shop) 3.vulnerable category . Mun Das SC Govt land Commercial 1. structure shifting structure 2. impact on livelihood 8 (shop) 3.vulnerable category . Prabhulla Kumar SC Govt land Commercial 1. structure shifting Das structure 2. impact on livelihood 9 (shop) . Page 66 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan In all these commercial structures, one person is additionally helping the owner of the shop, who is mostly family member like spouse or grown up children than employees. In Lachit Ghat, the water supplying kiosk is managed by an Employee engaged by the Smart city Project. Since that water kiosk can be either retained there or shifted to the other side, he will not lose his employment In actual practice, the squatters in Aphalamukh shift their shops to the adjacent land every year during flood seasons, when the water level in the River rises and returns when the water recedes. So they are willing to shift their shops any time when the project work starts and is very positive towards it. They expects more visitors and more business when better infrastructure and ferry service is established as part of this Project. As compensation could not be given to family members assisting in these shops as employees, skill up gradation training is recommended to them , especially the women who can consider additional employment opportunities in the surroundings, adding to the family income and raise above vulnerable status. Figure 4-1 : Squatters and structures impacted in North Guwahati area. Page 67 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 4-2 : Squatters temporarily impacted by the Project at Aphalamugh, Majuli 4.1.1. Impact on cultural properties and community assets No cultural properties will be impacted in any of these three priority Ghat areas In LachitGhat area one community assets which is a WaterKiosk installed by the Smart City Project of Guwahati may be temporarily affected but being a kiosk of public use it can be allowed to continue in the same place or may be shifted to a suitable place in the same compound.Other minor structures in this area such as ticket counter, park, protective walls and pathway leading to the river etc can be utilised with suitable modifications, as per the suggestions by the design consultants. Two trees were also seen in this compound which may not be impacted. Table 0-5: Loss of other Assets Types of Assets Lachit North Guwahati Aphalamukh Trees 2 NIL NIL Open Well Nil NIL NIL Boundary Wall 1 NIL NIL Cattle shed Nil NIL NIL Water Tank/kiosk 1 NIL NIL Others One ticket counter NIL NIL and Park Figure 4-3 : Proposed land area for LachitGhat Page 68 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Page 69 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 5.Legal and Policy Framework 5.1. Applicable Acts and Policies Applicable acts, notifications, and policies relevant in the context of the project are discussed below. The Project Authority will ensure that project activities implemented are consistent with the national, state, local regulatory/legal framework. Table 0-1: World Bank Policies on Social Safeguard OP/BP 4.12: Involuntary Resettlement The key objective of the Although government land is Bank„s safeguard Policy available, minimal additional 4.12 is to ensure that private land may be required resulting in relocation or loss of displaced persons are shelter; loss of assets or assisted in their efforts to access to assets; loss of improve their livelihoods income sources or means of and standards of living or at livelihood. Additionally, project least to restore them, in may have an impact on real terms, to pre- encroachers and squatters in displacement levels or to the project sites. levels prevailing prior to the beginning of project implementation, whichever is higher. OP/BP 4.10 : Indigenous People. The key objective of the To compensate /protect the Bank„s safeguard Policy interests of Indigenous people 4.10 is to protect residing in the project areas that fall under the sixth indigenous people schedule. (tribal/ethnic minorities) from the adverse impact of development, and to ensure that affected indigenous people benefit from development projects and programs. OP/BP 4.11 :Physical Cultural Resources This policy aims at The locations of all proposed assisting in the investment subprojects will be preservation of cultural screened for any known property, historical, physical cultural resources. If religious and unique natural identified, it is expected that value-this includes remains most impacts can be avoided left by previous human by adjusting the subproject inhabitants and unique location. Where this is not environment features, as feasible, the provisions of the well as in the protection policy will be applied. In and enhancement of addition, all civil works Page 70 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan cultural properties contracts will include chance encountered in Bank- find procedures financed project. ESSE Note on Adverse impacts of labour influx To establish an approach to To manage and mitigate any identifying risks to and risk associated with labour impacts on local influx during the construction of communities associated the ferry terminals and other with the temporary influx of ancillary infrastructure. labor that typically results from construction works and to measure to manage such risks. Table 0-2 : Relevant and applicable Laws of GoI and GoA: GoI & GoA Rules and Objective Applicability Regulations RFCTLAR&R Act, 2013. Provides for a Entitlement of compensation, (Annexure-2) transparent process R & R assistance and benefits and just and fair for the displaced families due compensation to the to land acquisition with affected families special provisions for ST and whose land is acquired SC communities. or proposed to be acquired or are affected by such acquisition and provides for rehabilitation and resettlement of the affected families. Assam Right to Fair Procedures for land Procedure for LA, Compensation and Transparent acquisition applicable disbursement of Land Acquisition and in the state of Assam compensation, R & R Rehabilitation and Resettlement based on assistance for the project will (RFCTLAR&R) Rules 2015. RFCTLAR&R Act, be followed as per the Rule. (Annexure-3) 2013. Panchayat Extension to Provides special Applicable to PESA villages Scheduled Area Act (PESA). provisions for within project area Panchayats in Schedule V areas. The Act was enacted Control and Development of by Central the waterways for the The Inland Waterways Authority Government for purposes of shipping and of India Act, 1985 regulation and navigation shall be under development of inland Central Government. Page 71 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan waterways for the purpose of shipping and navigation and the matters related to it. The inland waterways classified as NW 6 to Out of the 111 NWs, 106 NW 111under the Act were created in 2016. The have been declared as NW network covers around National Waterways Act 2016 national waterways for 20,275.5 KM. the purposes of out of total 111 NWs in India, shipping and 15 NWs falls in the State of navigation. Assam Government of India It encouraged the bringing in (GoI) prepared this of private participation into the policy, with the core realm of infrastructure objective of developing provision and maintenance Inland Water Transport Policy the inland waterway with significant contributions (IWTP), 2001 transportation sector from the government reduced into an attractive to around 40 percent in Build- alternative for road Operate-Transfer (BOT) transportation, projects wherever possible Have provisions for regulation of vessels, protection of and carriage of passengers in, Inland Vessel Registration processes, investigations into causalities, and power of The Act related to Court to commit for trial etc, regulation of “Inland State Government can make Inland vessels Act 1917, Vessel” or “Inland rules of this Act, insure Amended in 2007 Mechanically propelled mechanically propelled vessel vessel” plying on against third party risk. inland water prevention and control of pollution and protection of Inland Water, Penalties and legal proceeding comes under this Framed by NDMA Seek to promote inland water (GOI) for the ways with safety concerns to National Disaster Management management of reduce the increasing trend of Guidelines on Boat Safety, 2017 disasters and accidents. accidents related to The guidelines include action boats points towards drawing Page 72 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan procedures and regulatory elements by states to streamline the passenger boat navigation in the established waterways in the regions These rules shall apply for registration of Registration Authority after an Inland Steam or inspection shall grant a Control Management of Ferries Motor Vessel and shall certificate of registration and Rules, 1968 apply to all barges assign a registration mark for plying in the State of the vessel. Assam 5.2. Relevant clauses of the World Bank OP 4.12 on involuntary resettlement and RFCTLARR Act, 2013 World Bank policy guidance is intended to increase the likelihood that Bank-financed projects will achieve the objectives of OP 4.12 as detailed below will be guiding principle for involuntary resettlement, in addition to the central and state legislations. The basic principle of this policy is based on the following. • To avoid or minimize adverse impacts and to conceive and execute resettlement activities as sustainable development programs • To give displaced person‟s opportunities to participate in the design and implementation of resettlement programs • To assist displaced persons in their efforts to improve their livelihoods and standards of living, or at least to restore these to pre-project levels. • Indigenous Peoples‟ Development plan required along with RAP. Land for land for is an option across all sectors Table 0-3 : Comparative analysis of the World Bank OP 4.12 and the RFCTLARR 2013 Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 Application of LA Applies to all Section 2 Applicable No discrepancy components of to projects where the project that government acquires result in land for its own use, involuntary hold and control, resettlement, including PSU and for regardless of public purpose; for the source of PPP where ownership financing. of land continues to vest with govt. private companies where 80% of land owners have given consent or 70% in case of PPP. Page 73 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 Principle of Involuntary Alternatives to be No discrepancy avoidance resettlement considered as Act in displacement chapter II, Section # 4 should be (d) says "extent of avoided where land proposed for feasible, or acquisition is the minimized, absolute bare exploring all minimum needed for viable the project; and (e) alternative says land acquisition project design. at an alternate place has been considered and found not feasible. Linkages with other No such provision projects 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. Application of R&R Same as above In addition to the No discrepancy 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 Page 74 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 Committees where relevant. All provisions related to R&R are mandatory and have to be formally awarded in the course of the Acquisition procedure. No possession can be taken of land acquired unless R&R provisions are complied with. Affected area Involuntary Section3(b): Area take of land notified for acquisition‟ resulting in loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood Family Section 3(m) includes person, his and her spouse, minor children, minor brothers and sisters dependent. Widows, divorcees, abandoned women will be considered as separate family. Affected family for Section 3 (a): whose No discrepancy in eligibility land and other effect immovable property acquired. (b)&(e): Family residing in affected All adversely area such as affected people labourers, tenants, whether have dependent on forest formal legal and water bodies, rights or do not etcwhose primary have formal source of livelihood is legal rights on affected due to land acquisition Page 75 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 (c)Scheduled tribes and other forest dwellers whose rights recognized under the Forest Dwellers Act 2006. (f) Family assigned land by state or central government under any schemes (g) Family residing on any land in urban area that will be acquired or primary source of livelihood affected by acquisition. Cut-Off date Normally, this Section 3 c (ii), (iv) There is a discrepancy in cut-off date is (vi): Families residing the cut-off date .For this the date the for preceding 3 yrs or Project World Bank cut- census begins. more prior to off date is appropriate ,if The cut-off date “acquisition of land”. there is no Land could also be acquisition from Pvt land the date the owners for which only project area LA rules are applicable was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. Non-application Stand-alone Section 6(2): Irrigation No contradiction here as Page 76 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 of Chapter II SIA for all projects where EIA is the project is neither Investments required under other irrigation work nor on laws, provisions of SIA emergency clause not applicable. SIA may be exempted by Government in case of urgency provisions Consultation – Consultation a Section 4(1) date WB process applicable Phase I during continuous issued for first for this project Preparation process during consultation with PRIs, planning and Urban local bodies, implementation Municipalities, etc to carry out SIA. Section 5: Public hearing of SIA in affected area. Provide adequate publicity of date and time. Time duration to Draft Social Section 4 (2): within LA process allows prepare SIA and Assessment, six months from the reasonable time for the SMP Resettlement date of its preparation of SIA and Action Plan commencement. RAP with a better and or Social sequencing. Management Framework Disclosure – To be disclosed Section 6(1): As above Stage I before Translated in local appraisal and language available in 120 days PRI institutions and before board local urban date. government bodies; district administrative offices and websites of concerned government agency. Formation of Expert Appraised by Section 7(1): No discrepancy Group to appraise Bank staff Constitute a multi- SIA and SIMP disciplinary Expert Group include members of decentralized govt. Institutes (PRIs, ULBs). Time stipulated for Before the Section 7(4): Submit No discrepancy Group to submit its decision its report within two Page 77 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 report meeting for months from the appraisal date of its constitution Scope of work of Social Section 7 (4) (a&b): No discrepancy the Expert group Assessment, assess whether it resettlement serves any public action Plan purpose or not; if reviewed and social costs outweigh appraised potential benefits then by Bank staff should be abandoned; and approved by Regional Section 7 (5) (a&b): if safeguard serves public purpose, advisor then it has considered minimum land acquisition, and alternate options to minimize displacement; potential benefits outweigh social costs Consultation – In practice Section 2 (2): Prior Phase II during consultation consent of 80% and appraisal workshops are 70% of land owners in No discrepancy organized PPP and where in project private company has affected areas approached the govt. at district and to acquire balance state level. land has been obtained Disclosure – Information Section 7 (6): No discrepancy Stage II dissemination recommendations of through the expert group under planning and 7(4&5)to be made implementation public in local language in district and block administrative office and PRIs Minimize impact on Select feasible Section 10: In case multi-crop land design that has irrigated multi-crop minimal land is to be acquired adverse under exceptional impact. circumstances, the area to be acquired cannot exceed aggregate of land of all projects in district or Page 78 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 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. Information Continuous Section 11 (1), (2) & No discrepancy dissemination of part of the (3): Notice published preliminary notice preparation and in local language and 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 Updating land To be part of Section 11 (5): Once records RAP 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 Census and To be part of Section 16 (1) (2): Primary survey done in preparation of R&R RAP carry out census of both case schemes affected people and their assets to be affected, livelihood loss and common property to be affected; R&R scheme including time line for implementation. Information Section 16(4)&(5): Information shared in dissemination and mandatory to both case Public hearing - disseminate Stage information on R&R Page 79 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 III Consultation scheme including throughout the resettlement area and process is organize public mandatory hearing on the Draft R&R scheme in each Gram Sabha, Municipality and consultations in Scheduled area as required under PESA. Approval of R&R Section 17 & 18: Draft Scheme R&R Scheme to be finalized after addressing objections raised during public hearing and approved. Final declaration Approved RAP Section 19 (2): Only No discrepancy of R&R Scheme including after the requiring budgetary body has deposited provisions to the money will the implement it govt. issue the notice along with 19(1). Time period Included in Section 19 (2): the Official procedure takes stipulated. RAP – Time entire process to its on phase while WB line update land records, process is done in short synchronized disseminate time span. with information, Government‟s preliminary survey, procedures census, hearing of or adopts objections, preparation innovative of R&R schemes and methods to approval, deposit of reduce the time money must complete which is based within 12 months operated on the from the date on which principles of section 11, the participation preliminary notice and issued. 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. Preparation of land Section 20: Land acquisition plans Included in marked, measured for Page 80 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 RAP. preparation of acquisition plans. Hearing of claims Section 21(1) (2): No discrepancy 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). Time period Section 25: It is stipulated for required to announce declaring the award the award within 12 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. LA Act 1984 deem to Section 24: where lapse and award is not declared RFCTLAR&R is under section 11, or Applicable where made five years ago but land not taken in possession or where award declared but money not deposited in the account of majority of beneficiary. Methodology for Full Section 26 and First Calculation method is determining market replacement Schedule: different but in both case value for land Cost Recognizes 3 methods the affected person gets Page 81 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 and whichever is better compensation 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. Valuation of Full Section 29 (1) without No discrepancy structures replacement deducting the Cost depreciated value. Solatium and Section 30(1) 100% of Solatium doubles the Interest the compensation cost of land and assets amount fixed as per market rates Section 30(3): 12% and hence almost same per annum on the with the replacement market rate from the costs. date of notification of SIA to the date of ward or land taken over. R&R Award Total costSection 31, Second No discrepancy included Schedule: A family as in RAP to resettle a unit will receive R&R and rehabilitate grant over and above the affected the compensation and persons andthose who are not assist in their entitled to efforts tocompensation. improve their livelihoods and Second Schedule: standards of Homeless entitled to living or at least constructed house, to restore land for land in them, in real irrigation projects in terms, to pre lieu of compensation, displacement in case of acquisition levels or to for urbanization 20% levels of developed land prevailing prior reserved for owners at to the a prices equal to beginning of compensation‟ jobs or project onetime payment or implementation annuity for 20 years‟ Page 82 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 , whichever is subsistence grant, higher transportation, land and house registered on joint name husband and wife, etc Transparency Section 37(1): No discrepancy Information of each individual family including loss, compensation awarded, etc will be available on the website. Possession of Taking of land Section 38(1): Land No discrepancy Land and related will be taken over by assets may the government within take place only three months of after compensation and 6 compensation months of R&R has been paid benefits disbursed; and, where infrastructure facilities applicable, at resettlement sites resettlement will be completed sites and within 18 months from moving the date of award allowances made under section 30 have been for compensation; in provided to the case of irrigation and displaced hydel projects R&R persons. completed six months prior to submergence. Multiple Section 39: Additional Displacement compensation equivalent to compensation determined will be paid to displaced Acquisition for Not permeable Section 40 (5): 75% emergency purpose in bank funded additional projects compensation will be paid over and above the compensation amount Prior consent before Mandatory to Section 41(3) No discrepancy acquisition and carry out Free, Mandatory to get alienation Prior, Informed consent from Gram Consultation Sabha, Panchayat, with Indigenous Autonomous Councils Page 83 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan World Topics/Issues/Areas Bank RFCTLAR&R 2013 Discrepancies OP4.12 people. in Scheduled areas Development plans Indigenous Section 41: Separate Both ensures special for SC and ST Peoples‟ development plans to consideration approach Development be prepared, settle to ST categories plan required land rights before along with acquisition; provision RAP. of for alternate fuel fodder, non-timber produce on forest land Land for land to be developed within for is an option 5 years; 1/3rd across all compensation amount sectors. to be paid as first instalment and rest at the time of taking possession; ST to be resettled within Scheduled area; land free of cost for community purpose; land alienation will be null and void and ST and SC considered for R&R benefits; fishing rights restored in irrigation and hydle projects; if wish to settle outside the district additional benefits to be provided in monetary terms; all rights enjoyed under other laws will continue. Second Schedule: additional provisions for SC&ST for land for land in irrigation projects, additional sum over and above the subsistence grant Institutional Institutional Section 43-45: Official procedures Arrangement arrangement Appointment of must be agreed administrator, R&R upon and Commissioner, when included in more than 100 acres RAP, IPDP. of land is to be Page 84 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 acquired, R&R Committee will be formed at project level, social audit to be carried out by Gram Sabha and Municipalities. 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 Section 48-50: Set up Official procedures Evaluation monitoring National and State system level Monitoring included in Committee to review RAP and monitor progress and IPDP Authority to settle Section 51-74: the No discrepancy as claims appropriate separate GRC set up for Government shall WB support projects, to through notification clear grievance 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: Govt rules /exemptions and fee Compensation and agreements will not be liable to tax and stamp duty No change in status Section 99: Once the Govt rules of land acquired land is acquired for a particular purpose, its purpose cannot be changed Return of unutilized Section 101: If the land acquired land remains unutilized for 5 years, then it will be returned to original owner, heir Page 85 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Topics/Issues/Areas World Bank RFCTLAR&R 2013 Discrepancies OP4.12 or included in land bank Distribution of Section102: 40% of No discrepancy increased value of appreciated value of land transferred acquired land will be distributed to owners provided no development has taken place. 5.3. Identification and measures to address gaps/ discrepancies/ additionalities in World Bank Policy  Instead of market value for land and structures, World Bank insist on full replacement cost. Wherever land acquisition of private property has been proposed, compensation would be determined by Competent Authority as per provisions under Section 26 of RFCTLARR Act, 2013, which specifies the following criterion for assessing and determining market value of the land (whichever is higher): o The market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be in the area where the land is situated, or o The average sale price for similar type of land situated in the nearest village or nearest vicinity, ascertained from not less than 50% of the sale deeds registered during three years. In addition to the market value of the land awarded, in every case the competent authority will award an amount at the rate of 12% per annum on such market value for the period commending on and from the publication of the notification u/s 11 till the date of award or the date of taking possession, whichever is earlier. For compensation for houses, buildings and other immovable properties, value of structure will be determined on the basis of current market value by referring to relevant Basic Schedule of Rates (SoR) as on date without depreciation.  The cut-off date specified by World Bank is the „date established by the borrower and acceptable to the Bank‟. Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.  RFCTLARR Act 2013 only covers non-titleholders affected due to land acquisition. In accordance with OP 4.12, the RPF will also cover affected non-titleholders for eligibility in government land.  As per the RFCTLARR Act, 2013, SIA needs to be completed within 6 months from the date of its commencement. For the purposes of this project, SIA for private land acquisition will be completed within this stipulated timeframe. Page 86 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 5.4. 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) and the World Bank OP 4.12, relevant to this project. Table 0-4 : LARR Definitions Administrator An officer appointed for the purpose of rehabilitation and resettlement of affected families under sub-section 1 of section 43 of the RFCTLARR Act 2013 Affected Area Such area as may be notified by the Appropriate Government for the purposes of land acquisition 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 Affected Family 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; A member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; A family residing on any land in the urban areas for preceding three years or more prior to the 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. 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 Appropriate State, the Central Government, in consultation with the concerned Government State Governments or Union territories; Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the Appropriate Government, the Collector of such District shall be deemed to be the Appropriate Government Means the Collector of a revenue district, and includes Deputy Collector Commissioner And any officer specially designated by the Appropriate Government Page 87 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan to perform the function of a Collector under the RFCTLARRA 2013 Commissioner Means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of section 44 of the RFCTLARRA 2013 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 Acquisition Cost of rehabilitation and resettlement as determined in accordance with the provisions of the RFCTLARR Act 2013 Administrative cost for (a) acquisition of land, including both in the project site and out of the project area lands, not exceeding such percentage of the cost of compensation as may be specified by the Appropriate Government; and (b) rehabilitation and resettlement of owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition; Cost of undertaking Social Impact Assessment Study Cut-off Date In the case of Land acquisition as per RFCTLARR rules, cut-off date is the date of LA notification. Cut-off date for the WB supported projects is the date established by the borrower and acceptable to the Bank. In practice it is the date of census. The same will be informed to the PAPs directly, explaining the benefits they are eligible for, during Consultation process. Displaced Means any family, who on account of acquisition of land has to be Family relocated and resettled form an affected area to the resettlement area Includes a person, his or her spouse, minor children, minor brothers Family and minor sisters depended on him: provided that widows, divorces and women deserted by families shall be considered separate families Holding of Means the total land held by a person as an owner, occupant or Land tenant or otherwise Land Includes benefits to arise out of land, and things attached to the ear or permanently fastened to anything attached to the earth Page 88 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Means such persons or class of persons who may be: Considered or specified as such under any State law for the time Landless being in force; or In a case of landless not being specified as above, as may be specified by the Appropriate 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) Land Owner Act, 2006 or under any other law for the time being in force; or Who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or Any person who has been declared as such by an order of the court or Authority Marginal Farmer means a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding up to one-half hectare; Small Farmer means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. Local Authority Includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality as defined in article 243P of the Constitution Market Value Means the value of land determined in accordance with section 26 of the RFCTLARRA 2013 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 Person Interested Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; A person interested in an easement affecting the land; Persons having tenancy rights under the relevant State laws including share-croppers by 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 Person Interested Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; A person interested in an easement affecting the land; Persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and Any person whose primary source of livelihood is likely to be Page 89 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan adversely affected; Resettlement Means an area where the affected families who have been displaced Area as a result of land acquisition are resettled by the Appropriate Government Scheduled Means the Scheduled Areas as defined in section 2 of the Provision Areas of the Panchayats (Extension to the Scheduled Areas) Act, 1996. Vulnerable Persons Persons who are physically challenged, widows, persons above sixty years of age, below-poverty line households and woman-headed household. 5.5. Entitlement Matrix Based on the above analysis of RFCTLARR, 2013 and WB safeguard policy, the following will be eligible for entitlements 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 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. 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 & non-licensed vendors and titled & 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 displaced 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. The entitlement framework designed for various categories is based on RFCTLARR 2013 (Annexure-2) and RTFCTLARR Rules, 2015 of GoA(Annexure-3) and World Bank Policy guidelines. The entitlement matrix will be informed to the PAPs to ensure that their interests are protected and if not, to submit their grievances to the appropriate authorities and get it resolved in the right time. Both, non-titleholders and titleholder will be compensated as per their eligibility and detailed in the entitlement matrix summarised below. Page 90 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Table 0-5 : R&R Entitlement Matrix under RFCTLARR 2013, LARRA, 2015 & World Bank Policy Sl. Impact Category Entitlements Implementation Guidelines No. PART I. TITLE HOLDERS - Compensation for Loss of Private Property 1 Loss of Land 1.1 Compensation for land at Land will be acquired by the (agricultural, Replacement Cost or Land competent authority in accordance homestead, for land, where feasible. with the provisions of RFCTLARR commercial or Act, 2013. otherwise or assets attached to the Replacement cost for land will be: land) (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 (whichever amount is higher). Plus 100% solatium and 12% interest from date of notification to award. The multiplied factor adopted by the GoA for land in rural area, based on the distance from urban area to the affected area, will be applied. In case only a part of any land plot is affected and its owner desires that the whole plot be acquired on the grounds that the plot has been rendered uneconomic or has been severed due to LA, the competent authority any make additional award as per section 94 of RFCT- LARR Act, 2013 for the remaining part of land without initiating the land acquisition process afresh. Value of Assets attached to the land/building: Compensation for trees/crops etc. a. Cash compensation as estimated u/s 29 (3), RFCT-LARR Act, 2013 by: v. Forest Department for Page 91 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan timber trees vi. State Agriculture Department for crops vii. Horticulture Department for horticulture, perennial trees viii. Cash assistance to title holders and non-squatters for loss of trees, crops and perennials at market value. b. Three months‟ advance notice to affected parties to harvest fruits, crops. In case standing crops, the affected parties shall receive three months‟ advance notice to salvage crops, or compensation in lieu thereof as determined above. 2 Loss of Structure 2.1 Compensation at The market value of structures and (house, shop, replacement cost other immovable properties will be building or determined based on relevant immovable basic Schedule of Rates (SR) as property) on date 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. or One-time payment of Rs. 5,00,000/- for each affected household or Annuity policy that shall pay Page 92 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Rs. 2000/- per month for 20 years with appropriate indexation to CPIAL 3.2 Subsistence allowance of Rs. 3,000/- per month for a period of one year to affected households who require to relocate due to the project 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 not Cattle shed or petty shop shall get less than Rs. 25,000/- to all one-time financial assistance of those who lose a cattle shed such amount as the appropriate or a petty shop. Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. Petty shop will include commercial kiosk, vendor where business is carried out. PIU and the implementation support NGO / agency will consult such PAPs and assess the requirement of subsistence allowance for kiosks and vendors receiving this cash assistance under the petty shop category. Cattle shed shall mean any permanent, semi-permanent structure or makeshift shed erected on long term basis for keeping cattle. 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 are required to relocate due to the project 4 Loss of Residence 4.1 An alternative house for An alternative house for those who those who have to relocate, have to relocate, as per PMAY-G as per PMAY-G (IAY has been restructured) specifications in rural areas specifications in rural areas and a Page 93 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan and a constructed house/flat constructed house / flat of of minimum 50 sq. m. in minimum 50 sq. m. in urban areas urban areas; or cash in lieu of house if opted (the cash in lieu of house will be or Rs.1,20,000/- (plain) and 1,30,000/- (difficult terrain) in line Cash in lieu of house if with GoI PMAY-G standards in opted, for those who do not rural areas and Rs.1,50,000 in have any homestead land case of urban areas). and who have been residing in the affected area The benefits listed above shall also continuously for a minimum be extended to any affected family period of 3-years. which is without homestead 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. This assistance shall be extendable to mixed-use structures fulfilling residential and commercial purposes in owner as well as un- titled categories. 4.2 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. 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. 3,000/- per month for a period of one year to affected households who require to relocate due Page 94 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan to the project 4.4 Transportation assistance of Rs. 50,000/- for affected households who require to relocate due to the project 4.5 One-time assistance of not Cattle shed or petty shop shall get less than Rs. 25,000/- to all one-time financial assistance of those who lose a cattle shed such amount as the appropriate or a petty shop. Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. Petty shop will include commercial kiosk, vendor where business is carried out. PIU and the implementation support NGO / agency will consult such PAPs and assess the requirement of subsistence allowance for kiosks and vendors receiving this cash assistance under the petty shop category. Cattle shed shall mean any permanent, semi-permanent structure or makeshift shed erected on long term basis for keeping cattle. 4.6 One-time assistance of Rs. 25,000/- for each affected family of an artisan or self- employed and who has to relocate 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 are required 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 commercial member per affected family structure in the project or arrange for a job in such other project as Page 95 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan may be required after providing suitable training and skill development in the required field and at a rate not lower than the minimum wages. 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. 3,000/-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 are required to relocate due to the project. 5.4 One-time assistance of Rs. 25,000/- 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 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 PART III. IMPACT TO SQUATTERS AND ENCROACHERS – Where no Land Acquisition is done 6 Impact to Squatters 6.1 Loss of House Only those directly affected 6.1.1 Compensation at scheduled squatters who live there will be rates without eligible for all assistance. depreciation for structure with 1-month notice to Structure owners in government Page 96 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan demolish the affected lands who do not live there and structure have rented out the structure will 6.1.2 Right to salvage the affected be provided compensation for materials structure and no other assistance 6.1.3 House construction grant of will be provided to them. The Rs. 1,20,000/- for all those occupier (squatter-tenant) will be who have to relocate and eligible for other assistances. who do not have a house. Additional house site grant of Rs. 50,000/- to those who do not have a house site 6.1.4 One-time subsistence allowance of Rs. 18,000/- 6.1.5 Shifting assistance of Rs. 10,000/- 6.2 Loss of Shop Only those directly affected 6.2.1 Compensation at scheduled squatters who do business there rates without will be eligible for all assistance. depreciation for structure with 1-month notice to Structure owners in government demolish affected structure land who do not do the business 6.2.2 Right to salvage the affected and have rented out the structure materials will be provided compensation for 6.2.3 One-time rehabilitation grant structure and no other assistance of Rs. 25,000 for will be provided to them. The reconstruction of affected occupier (squatter-tenant) will be shop. eligible for other assistances. 6.2.4 One-time subsistence allowance of Rs. 18,000/- 6.2.5 Shifting assistance of Rs. 10,000/- 6.3 Kiosks / Street Vendors Petty shop will include commercial 6.3.1 1-month advance notice to kiosk, vendor where business is relocate to nearby place for carried out. Petty shop shall get continuance of economic one-time financial assistance of activity. such amount as the appropriate 6.3.2 For temporary loss of Government may, by notification, livelihood during construction specify subject to a minimum of period, a monthly twenty-five thousand rupees for subsistence construction of petty shop. allowance of Rs. 3,000/- will be paid for the PIU and the implementation duration of disruption to support NGO / agency will consult livelihood, but not such PAPs and assess the exceeding 3-months requirement of subsistence 6.3.3 If relocation to nearby place allowance for kiosks and vendors and continuance of receiving the cash assistance economic activity in the under the petty shop category. same place is not possible, then one time rehabilitation grant of Rs. 25, 000/-. 6.4 Cultivation 6.4.1 3-month notice to harvest standing crops or market value of compensation for Page 97 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan standing crops 7 Impact to 7.1 Cultivation Market value for the loss of Encroachers 7.1.1 3-month notice to harvest standing crops will be decided by standing crops or market the PIU in consultation with the value of compensation for Agriculture or Horticulture standing crops, if notice is Department not given 7.2 Structure 7.2.1 1-month notice to demolish the encroached structure 7.2.2 Compensation at scheduled The value of commercial structures rates without depreciation for and other immovable properties the affected portion of the will be determined on the basis of structure relevant Basic Schedule of Rates (SR) as on date without depreciation PART IV. IMPACT TO VULNERABLE HOUSEHOLDS 8 Vulnerable 8.1 One-time assistance of Rs. One adult member of the affected Households 25,000/- to DHs who have to household, whose livelihood is relocate 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 relevant training institutes PART V. IMPACT DURING CIVIL WORKS 9 Impact to structure / 9.1 The contractor is liable to The PIU will ensure compliance to assets / tree / crops pay damages to assets / these provisions. trees / crops in private / public land, caused due to civil works 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 setting up of camps or diversion of docking areas during civil works. PART VI. COMMON PROPERTY RESOURCES 11 Impact to common 11.1 Relocation or restoration, if Page 98 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan property resources feasible, or cash such as places of compensation at worship, community replacement cost. buildings, schools, etc. 12 Utilities such as 12.1 Will be relocated and The PIU will ensure that utilities water supply, services restored prior to are relocated prior to electricity, etc. commencement of civil commencement of civil works in works. 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. 5.6. Commencement of Land Acquisition Process  Requisition of Land by the Requiring Body AIWTDS will submit the proposal for acquisition to the Revenue Authorities of the respective Districts, in the formats prescribed by the enacted rules of the Assam State Government on the RFCTLARR 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, Govt of Assam will acquire land on behalf of other „requiring body‟. An officer appointed as the administrator will be responsible for the purpose of Rehabilitation and Resettlement as per Section 43 of the RFCTLARR Act 2013. An officer not below the rank of Collector, additional Collector or Deputy Collector or any other officer of an equivalent rank is appointed as the „Administrator‟.  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. Page 99 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 5.7. 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 factor 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 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. Page 100 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  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 assistances and compensation is deposited as cheques or deposited in individual accounts. The collector shall take possession of the land once all monetary disbursements are fully completed and the collector will be responsible for ensuring that the rehabilitation and resettlement process is complete before the displacement of the population as per Section 37 of the RFCTLARR Act 2013. 5.8.Implementation Arrangement for Social Management at PMU The project implementation will be led by the Project Management Unit (PMU), established within AIWTDS. The State Project Director (PD) will be the Head of the PMU. The Social Development Specialist at PMU will be responsible for overall coordination and monitoring of the implementation of social safeguard instruments- SMF/RPF/IPDF and sub-project SMP/RAP cum IPDP. The PMU will monitor the activities of the social specialists at the Divisional office (E.&S Cell) in-charge of coordinating the field level activities related to the implementation of the SMP/RAP cum IPDP, with the assistance from supporting NGO, deployed for the purpose. 5.8.1. Role of the Social Development Specialist Monitoring, reviewing and capacity building:  Monitor social development related activities as outlined in the Social Management Framework (SMF), Resettlement Policy Framework (RPF) and SMP/RAP/IPDP of the project, training and other capacity building initiatives and highlight opportunities to improve the social outcomes of the project.  Ensure the timely submission of work plans, reports, outputs and other deliverables to Project Director and World Bank for review and evaluation, as appropriate. Coordinate periodic meetings (monthly) with the E&S cells at the Divisional level and supporting NGOs  Periodically assess capacity building needs of the PMU for effective implementation of the social development related activities as outlined in the Social Management Framework (SMF) of the project.  Facilitate necessary support to the E&S cell at Divisional office. Preparation and Implementation of safeguard documents:  Ensuring the preparation of sub-project SIA and RAP/IPDP and its timely disclosure.  Ensure consultation and stakeholder participation in the preparation of RAP/IPDP.  Guide and monitor the Social Specialists and the Support NGO (RAP implementation agency) for resettlement and rehabilitation and other social safeguard programmes .  Coordinate with implementation agencies on a regular basis and undertake field visits and consultations with PAPs for first-hand information.  Compile data related to resettlement and rehabilitation activities received from field officers and the PIUs Page 101 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  Support staff /data entry operator: Assist and support in data entry operations related to monthly/quarterly/annual progress reports etc. 5.8.2. Advisor (Administration) designated as GRO Advisor (Administration) at the PMU is the designated officer for Grievance Redress Mechanism. The HR & Admin Manager and 2 Office Management Executive (OME) will assist the Advisor (Administration) in carrying out the tasks for ensuring timely disposal of grievances. The Advisor will also be a member of the GRC at the PMU level. 5.9. Environmental and Social Cell (E&S Cell), PIU at the Divisional Level The Environmental and Social Cell (E&S Cell) created at the Divisional level will coordinate and monitor smooth implementation of the Project. They will liaison with all implementing agencies including the contractors for effective SMP implementation. The Cell will comprise of a Social Development and Environmental Officer, along with support staff (one Data Entry operator). In addition to this, a supporting NGO with expertise in community engagement and R&R will be selected and attached to each of this Divisional Unit to assist the E&S cell, PIU in RAP-cum-IPDP implementation. The E&S cell will implement the social safeguard plans (RAP, IPDP, Gender Development,) besides conducting training and capacity building at the community level, monitoring labour standard compliance and documentation of grievances, etc. at the divisional and sub- divisional level. To support and facilitate all grass root level activities, tie up with competent and skilled NGOs with proven track record is required. Such NGO will provide additional supporting role, particularly in the case of R&R for carrying out public consultations, conducting livelihood restoration activities, awareness generation, etc. 5.9.1. Role of Social Specialist at the E&S Cell  Will oversee implementation of site-specific RAP/ RAP-cum-IPDP and livelihood restoration plan.  Co-ordination of R&R activities and implementation of RAP with the support of the selected NGOs.  Coordination with District Administration /Line Departments to facilitate LA & RR issues.  Maintain documentation of various processes related to LA & RR, including periodic reporting to PMU on progress related to implementation of RAP, GRM, labour compliance and other social safeguard issues.  Carry out any other social management activities assigned by the PMU and implementing officers in charge.  Ensure compliance of all relevant labour laws by the contractors including the following: ↦ setting up of camps for labourers at appropriate locations as per specifications of the law. ↦ scheduling of works to ensure the protection of women and prohibition of child labour. Page 102 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan ↦ facilitating awareness of HIV/ AIDS in campsites, etc.  Provide support to PMU, social division in developing and vetting all development plans  Oversee community development initiatives, including promotion of tourism and other socio-economic activities to benefit the community, particularly the marginalised through the project.  Coordinate the implementation of Gender Development Plan, GBV Action Plan and other initiatives for gender mainstreaming in the Project.  Prepare communication strategies for CEP and implement it through stakeholder consultations and other citizen engagement activities (citizen feedback) throughout the project cycle.  Address queries and concerns raised through the GRM related to R&R/RAP on a timely manner. Additionally, manage grievance redressal issues pertaining to ferry services and safety of passengers including CD/Gender/IPP at divisional level. Will undertake follow ups, maintain documentation and reporting on progress related to GRM to Advisor (Administration) and Social Specialist at the PMU.  Submit monthly/quarterly/yearly reports to the PMU in coordination with the supporting NGO (RAP implementation agency).  Sensitize and help build capacity of the DIWTA officials at the divisional level, vessel crews, private operators, and other stakeholders on GRM, compliance of laws related to HR & labour, safety & security of women, and gender inclusiveness, among others. 5.10. Supporting NGO at the PIU For the implementation of RAP and further support on management of safeguards and other social issues, a supporting NGO will be engaged. They will conduct further verification of affected families and prepare micro plans, prepare and distribute identify cards for every individual PAF, open joint bank accounts, disburse R&R assistance, counsel for the productive use of assistance amounts, monitor the use of assistance amount, plan for relocation of displaced households, allotment of replacement sites, and coordinate the entire shifting process. The tasks of the implementation team will be as follows:  Develop rapport with PAPs and between PAPs and Project staff  Verification of PAPs and geo-tagging the information and uploading it on a MIS platform.  Consultations with the local community during the implementation of the RAP.  Preparation of micro plan and assist the PAPs in receiving the rehabilitation assistance  Preparation and distribution of ID cards  Motivate and guide PAP for productive utilization of the compensation and assistance amounts.  Assist the APs in getting benefits from the appropriate local development schemes  Assist AIWTDS in planning for relocation of displaced persons and coordinate the shifting process.  Forward the grievances of the PAPs to the grievance redressal mechanism. Disseminate information on GRM including RTI and other legal rights, entitlements, labour laws and information pertaining to safety of women. Page 103 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  Assess the level of skills and identify training needs and organize training programs in consultation with the E&S Cell.  Participate in the monthly review meetings with the Social Specialist (Resettlement) and Social Development Specialist (PMU).  Carry out other responsibilities as required from time to time specified by the E&S Cell and the PMU. 5.11. Contractor The contractor will be responsible for the following activities:  Recruiting local labourers to the maximum possible extent in coordination with the Divisional office  Setting up of temporary shelters for labourers at appropriate locations as per specifications of the law.  Complying with all labour laws including the norms regarding child labour, proper scheduling of works to ensure the protection of women.  Participating and facilitating awareness of HIV/ AIDS in the campsites.  Respond to queries and issues raised through the grievance redress mechanism and assist PMU /Divisional office in responding to the queries.  Follow the instructions of the PMU and PIU 5.12. General Consultants (preparation stage) and Technical Supervision Consultant (Construction stage) in charge of Supervision and Monitoring General Consultants attached to PMU will be entrusted to supervise and monitor the environmental and social safeguard functions of the Project on a regular basis, once the implementation phase starts. They in turn will report to the PMU. 5.13. Third party monitoring (quarterly) Independent Consultants (Safeguard Monitoring Consultants) will be deployed to do third party monitoring of the Environmental and Social safeguard aspects, on a quarterly basis. The objective of the assignment is to carry out a quarterly review of social and environmental safeguard activities being implemented in the project and provide specific recommendations to mitigate the issues identified during the review period. Page 104 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 5-1: Flow Chart Flow Chart - B: Institutional Arrangements for Environmental & Social Safeguards Management 1 Govt. of India PMU (AIWTDS), World Bank General Ulubari, Guwahati Consultant (GC) Environment & Social Development Experts (PMU) General Consultant (GC) I. Execution of Civil Work II. Modernization of Vessels Technical Supervision Consultant (TSC) Use of eco-friendly devices in modernized vessels to reduce Env. Officer& Social Dev. Env. Officer& Social Dev. Env. Officer& Social Dev. emission, oil spillage and OfficerSilchar Division, Officer Guwahati Division, Officer Dibrugarh Division, noise vibration in water Safeguard (PMU) (PMU) Monitoring (PMU) Consultant (Third Party Env. & Safety Officer Env. & Safety Officer Env. & Safety Officer Non-Governmental Organization (NGO) Monitoring) (ESO) of Contractor, (ESO) of Contractor, (ESO) of Contractor, forRAP Implementation & Micro-Plan Preparation at Silchar (PMU) at Guwahati at Dibrugarh 1 Flow Chart- --- to be followed for GRM procedure 5.14. R&R Administrator: As per the Section 43 of RFCTLARR Act 2013, an officer not below the rank of Additional Collector will be designated as the „Administrator‟ of R&R. The R&R Administrator will be responsible for formulation, execution and monitoring of the R&R scheme/ RAP for titleholders (land owner and landless whose livelihoods are primarily dependent on the lands being acquired). 5.15. Rehabilitation and Resettlement Award In accordance with the provisions of the RFCTLARR Act [Sec31 (1)], the competent authority will pass a Rehabilitation and Resettlement (R&R) Award. All the affected titleholders who are eligible for R&R assistance will be notified along with details of eligible assistance as per the provisions of RFCTLARR Act. Initially a draft list will be notified by giving minimum of 15 days‟ time inviting objections, if any, regarding discrepancies on the nature and quantum of assistance. The final list will be notified after taking into account the objections, if any. Similarly, the list of those affected non- title holders will also be notified along with the details of R&R assistance and a separate R&R award enquiry will be conducted for the non-titleholders. 5.16. Micro plan The implementation support NGO will prepare the draft micro plan, milestone wise for each of the sub-project detailing the type of loss, tenure of the PAP, vulnerability status and the entitlements as per the provisions of the Entitlement Matrix (EM) in the RPF. The draft micro plan will be disclosed in the jurisdictional village panchayat where the PAPs are living/having Page 105 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan business, and 1-week after the disclosure, the R&R award enquiry will be held by the jurisdictional Additional Collector (R&R Administrator). Based on the R&R award enquiry outcome, the NGO will submit the final micro plan to the Executive Engineer, PIU for verification and onward transmission to Project Director, PMU. The Project Director, PMU, after scrutiny of the micro plan will accord approval for the same and submit to the jurisdictional Additional Collector (R&R Administrator) with necessary funds for disbursement. 5.17. R&R Award Process The Additional Collector (R&R Administrator) will hold R&R award enquiry in the project area and will send prior intimation to all concerned PAPs through the jurisdictional Patwaris and the NGO. During the R&R award enquiry, each PAP will be informed about the type of loss and tenure as recorded during census and socio-economic survey and verified subsequently, and the entitlements due to the PAP as per the provisions contained in the EM of the RPF. All the PAPs will be given an opportunity to be heard and concerns if any, will be addressed. The R&R proceedings will be recorded and copy of the R&R award will be issued to the PAP then and there. 5.18. E-RAP Tool A well-designed MIS will be created and will be maintained at the PIU as per the requirements of the Assam LARR Rule, 2015. The E-RAP MIS and mobile application tool will be used to manage and track the processes and data for the land acquisition process. The MIS will be supported with approved software and will be used for maintaining the PAPs baseline socio-economic characteristics, developing pre-defined reports, and tracking the land acquisition and resettlement progress. The individual entitlements, compensation calculations, structure valuation, etc. will be updated using MIS software. The data and information required for periodical progress reports will be generated using MIS database. 5.19. Capacity Building on LA and R&R The staff of PIU, NGO and the staff of PMU, who are involved in LA and R&R will require to be familiar with land acquisition procedures and WB Safeguards policy requirements. In order to build the capacity of the PIU and the PMU, an orientation and training in resettlement management at the beginning of the project will be undertaken. The training activities will focus on issues concerning (i) principles and procedures of land acquisition, (ii) public consultation and participation, (iii) entitlements and compensation disbursement mechanisms, (iv) Grievanceredressal and (v) monitoring of resettlement operation. Page 106 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 6.Livelihood Restoration and Income Generation Plan Development project may have an adverse impact on the income of project-affected persons. The basic postulates of all developmental activities should be that no one is worse off than before the project. Restoration of pre-project levels of income is an important part of rehabilitating socioeconomic and cultural systems in affected communities. To achieve this goal, preparation of Income Restoration Plan should be done in consultation with the affected persons and they should explicitly approve the Plan. Majority of the eligible families (approx. 13 PAFs) for income restoration earn their livelihood through petty businesses therefore, it is imperative to ensure that the PAPs can reconstruct their livelihood. The NGOs engaged in the implementation of the RAP will ensure that the PAPs are facilitated to obtain plots near their existing habitation to minimize disruption to their social network and normal work pattern. Other short-term strategies for restoring their income during periods immediately before and after relocation/vacating includes providing the PAPs with adequate compensation prior to relocation/vacating the premises, along with transit allowances, one-time relocation allowance, free transport to resettlement areas or assistance for transport, transitional/subsistence allowances or grants until adequate income is generated, special allowances for eligibility as vulnerable groups. With consideration of PAPs skills and the project‟s workforce requirement, PAPs access to project related employment opportunities to either work under the main investment project at the terminals during the operational phase or during the construction phase of the project, among others will be promoted. It is to be noted that the PAPs in Aphlamukh shift their business to the adjacent land every year when the water level in the river rises during the flood season and return when the water recedes. Their livelihood further gets affected due to disruption of ferry services during the monsoon season and till recently, the ban of private ferry operators in the state. Due to such externalities, it is important to develop feasible long- term income generating strategies for the PAPs. Government of India along with the state governments runs various poverty alleviation programmes. Partnering NGO can facilitate PAPs to participate in these programmes as per their choices and skill requirement. The NGO will use the following parameters to identify an alternative livelihood/ income restoration scheme for each PAP: • Education level of PAPs • Skill possession • Likely economic activities in the post displacement period • Suitability of economic activity to supplement the income • Market potential and marketing facilities Some of the schemeswhich can be accessed by the PAPs through the NGOs include:  Centralised Mahatma Gandhi National Rural Employment Guarantee Act which provides additional gainful employment for the unemployed population in rural areas, especially during lean agriculture season.  Support to Training and Employment Programme for Women (STEP), Indira Gandhi Matritva Sahyog Yojna, NaiRoshni and Sawayamsidha which will socially and economically empower women PAPs. Page 107 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  NGOs can also facilitate in accessing state run schemes such as Baideu and Nabou Schemes which are aimed at providing financial assistance to unemployed single women and widows. Under the Baideu scheme, one-time financial assistance of Rs. 10,000 will be given to each unmarried unemployed woman of 45 years and above from BPL families. Under Nabou scheme, a one-time financial assistance is provided to unemployed widows.  National Rural Livelihood Mission (NRLM) - National Rural Livelihood Mission (NRLM) is a poverty alleviation project implemented by Ministry of Rural Development, Government of India. This scheme is focused on promoting self-employment and organization of rural poor. The basic idea behind this programme is to organize the poor into SHG (Self Help Groups) groups and make them capable for self-employment. Govt of Assam is implementing this scheme in selected areas which can be requested to be extended to these Project areas and NGOs can facilitate to support the women to organise and strengthen SHGs and provide skill development training to initiate livelihood activities. Strategic interventions such as establishing training needs; identification of skills; hiring training staff; providing training to interested PAPs; ensuring that PAPs take up their new vocation; mid-term evaluation and corrective measures if required; and concurrent monitoring will be undertaken by the Social Specialist at the PIU through the contracted NGO. Page 108 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 7.Citizen Engagement 7.1. Stakeholder Consultation Stakeholder mapping and analysis were carried-out in the project area (all three priority locations). The purpose of this exercise was to identify key stakeholder groups in the priority locations. The key stakeholder groups identified are: (i) users, (ii) affected people, (iii) private ferry service providers, (iv) Panchayat (male & female), (v) indigenes people, and Women groups Community Consultations were done to assess stakeholders' interest and support for the project; and to ensure their ideas and opinion are taken into account during the project preparation. Such consultations during the project preparation will help to minimize the risks and improve effective and inclusive engagement with the project affected parties throughout the project life cycle. Such consultations will ensure that appropriate project information is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner. 7.2. Observations from the KII, FGD and Consultations As part of the SIA studies, Focus Group Discussions with the key stakeholder interviews were carried out with (a) general Public in and around the Ghat area, (b) livelihood Groups, (c) Women Groups, (d) Indigenous/ ST families of the priority Ghats including women‟s groups, and(b) Key Informant Interviews with ferry operators, Gaon Buhra/ Ward Councillor, etc. The major feedbacks received are  All stakeholders welcome the project as it will bring better infrastructure and hence better facilities which in turn will contribute to their various requirements related to water transport.  Women travellers demanded for enhanced care and security supports to them while travelling.  Labourers were hopeful of getting better employment opportunities and better wages. Labour unions are either absent or not very active to protect their welfare.  Regular travellers demanded more about approach roads and last mile connectivity issues. Shifting of the Ghats during rainy seasons and lack of facilities are troubling them lot.  Ferry operators mainly focused on the limitations of the existing facilities and the need for providing better facilities and services. Private ferry operators were apprehensive about losing their job when the project is operational. Specific details of the consultations and feedbacks received in each Ghat location is summarised in the following. Table. No 7.1 below.Participants‟ attendance sheets are attached as Annexure-4 Table 0-1 : Community Consultations at Priority Ghat PIA FGDs in Lachit Ghat PIA (List of participants provided in Annexure) FGD with Women Groups at Lachit Ghat PIA - Integration into project design and Ward -2 Action Plans  Overall happiness over rising chances of Project plan will consider GRM for business due to increase in tourism addressing instances of GBV on Ferry possibilities by women shop owners. and Ghat areas  Housewives are only occasional users of ferry services Attempt to expand job opportunities Page 109 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  Demand for better jetty, approach road for women in Ghat and ferry areas by facilities, drinking water facilities. giving them start up incentives  Request for safety measures such as better police protection Jibondinga Scheme considers special  Lady police officers on ferries, incentive to encourage women  Job and education opportunities entrepreneurs and women self-help  Change in social mentality to treat women groups as equal citizens  Reasons for GBV and exploitation is lower status of women due to dependency and poverty,  Reluctance and unwillingness to discuss direct instances of violence,  GBV cases against school and college (eve teasing) students who used ferries. FGD with unskilled labourers at Lachit Ghat area  Prevailing wage rate is Rs 300 only. That All labour welfare laws such as too is seasonal .Most of them are engaged minimum wages, working hours and in the loading and unloading jobs in the other such welfare measures will be Ferry services incorporated in the labour compliance  Trade unions and labour unions are active plan. in the area. Labour influx mitigation strategy will  Child labour,and GBV cases not reported. involve measures to utilize existing  Labour in-migration is present in the area labour in the area, to be identified by during winter. (Migration from rural to the contractor. Adequate urban). accommodation with basic facilities  Migrated persons usually stay in temporary will be provided by the contractors for shelters and dilapidated houses.Exact migrant labours working during the number of persons so arriving is not known project construction period.  Ferry accidents are reported recently.  Open spaces are available to set up labour Scope of skill training /skill up camps and hospital facilities are also gradation training to people in the PIA, available. as per TNA exercise and demand incorporated in the Project framework  Drug and alcohol abuse are reported by all 5 participants.  Water supply facility is available and caters to the water requirements in the area. FGD with general public All of them reported the need for rest places, Steps will involve planned strategies toilets, police, parking facilities at the terminal. to improve quality and assess of Some facilities requested involves roads overall infrastructure on project leading to Ghat area, crossing light, solutions site/area. for water shortage and waste disposal. FGDs in North Guwahati PIA FGD with Women Groups No direct cases of GBV /domestic violence or Steps will be taken to incorporate employer exploitation reported GRM mechanisms to address GBV issues Page 110 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Request for increased security measures police protection Include safety woman officers within the Ghat and ferry areas Request for drinking water, toilets, roads Measures to improve basic facilities FGD with Labourers Water transportation workers union are actively Spread awareness regarding welfare involved. measures, in code of conduct, set Not aware of labour welfare measures wages and working hours. Alcohol and drug abuse,commercial sex work, child labour is not reported FGD with General public General lack of facilities such as drinking water, Measures to improve basic amenities approach roads, toilets, waiting sheds, safety like water supply, and better measures on Ghat location and ferry. infrastructure facilities, including for the differently abled, senior citizens and nursing mothers will be provided. Measures to strengthen safety and security of users, particularly women will be incorporated. FGDs in AphalamughGhat PIA FGD with Women Groups Integration to project design/Action plan Concerned about inferior status in society Measures such as storage facilities, Request for better economic opportunities toilets, better scheduled timings and Demand of better infrastructural facilities, safety measures at the Ghat and empowerment measures ferries will be considered to facilitate the use of ferries for trade related activities by women weavers in Majuli. Jibondinga scheme provides incentives to SHGs to access the scheme. Access to livelihood schemes for PAPs as a part of income restoration measure. FGD with ST communities. ST women participants were unemployed Promoted further awareness of the whilemen were daily wage earners project to minimize anxieties, Some of them were apprehensive about loss of measures to provide appropriate land and compensation packages, though none compensations. of them will be directly impacted here. The project design will incorporate Request for better roads, fixed jetties, regular better infrastructural facilities in Ghat river transport facilities and ferry service, including the Hopeful about better opportunities with ferry construction of an approach road. development Provide opportunities for improved livelihood. Page 111 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan FGD with Labour groups They get minimum wages 200 only Steps will be taken to set up stable Labour in-migration during winter seasons landing sites as part of the project and GBV due to lack of stable/constant docking integrating measures to ensure safe area. mobility of women such as proper lighting at the terminals, deploying of security personnel, and display of helpline nos.onGhat surroundings. FGD with General public Unaware about inland water transport project Regular public consultation and Demand for better infrastructure such as citizen engagement activities will be approach roads, waiting sheds, washrooms, undertaken throughout the duration of better security, reliable and regular ferry the project. services. Provision of better infrastructure facilities has been integrated into the project design. Consultations with Livelihood groups Fishing activities are not done near Consultations with the Fishing communities in the the PIA revealed that the „Mishing community‟ Ghats and hence construction do fishinginthe water bodies toearntheir activities will not impact them. livelihood. But such fishing is done mostly in Consultations will continue during muddy water ponds and wetlands in the land. construction phase. Marketing the by- Some goes to the river too for fishing, but not products- fish pickles, dry fishes etc near the Ghats to wider areas will contribute to the income of fisher women when the water transport facilities are improved KII with Ferry operators Discussed Safety and security issues Crew Training Centre will be Explained about lack of proper facilities-toilets, upgraded and training policy including washrooms, waiting sheds a three year plan has been developed Lack of reliable boat services to provide training to all fleet crews Other issues like overcrowding at certain times and operators. ,damage to boats from flowing waste materials due to river pollution The Jibondinga scheme will setup a Request for better skill training vigilance body who will monitor compliance to Standard Operating Procedures (SOPs) for ferry terminals to ensure convenience, safety and security of passengers. Terminals and vessels will be upgraded to include basic facilities for all passengers, including differently abled, senior citizen and nursing mothers. These would include adequate seating, toilets, ramps, nursing room/space and storage facilities, among others. Page 112 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 7-1 : Consultations with Shop owners at Majuly Page 113 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 7-2 : Consultations at Majuly Island Figure 7-3 : Pictures of Community consultations Page 114 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 7.3. Stakeholder Consultation Plan/Citizen Engagement Plan The consultation process established for the project will employ a range of formal and informal consultative methods. Different techniques of consultation with stakeholders are proposed, such as in-depth interviews, public meetings, and group discussions. Such form of community participation shall be undertaken at the following stages of the project:  Prioritization Stage - to sensitize the community about the project and their role;  Planning Stage - for disseminating information pertaining to the project, work schedule and the procedures involved; finalisation of project components with identification of impacts, entitled persons, mitigation measures; and Grievance Redressal. In scheduled tribe (ST) areas or areas with considerable ST population, free, prior and informed consultation will be undertakento fully identify the views of the indigenous community and ascertain their support for the project;  Implementation Stage - for addressing temporary impacts during construction and monitoring for transparency in the project implementation.  The revised SMF, RPF, IPDF and other site-specific plans, i.e. SMP, RAP cum IPDP will be disclosed at a place accessible to displaced persons and other stakeholders in a form, manner, and language that are understandable to them. Consultations were held during social screening, census and socio-economic survey including before the preparation of RAP cum IPDP. The first round of consultation (screening stage), was followed by Free Prior and Informed consultations at the project sites with potential project affected persons (PAP), village heads and other stakeholders. On 8th October 2018, a stakeholder consultation was organised in Guwahati to discuss the findings of the screening and scoping exercise. Observations from the stakeholder consultation are summarised in Annexure-5(A). There was also stakeholder consultation meeting held on 04 /02/2019 in Guwahati with all stakeholder. The Participants includes Officials from ISBP, ISDP , State Pollution Control Board, Guwahati Smart City Project, Forest Department, Agricultural Dept, PWD, EIA&SIA consultants, Officers from IWT and such other institutional stakeholders. Draft SMF and SIA for priority Ghats was presented to the stakeholders for their opinion and feedback. The key summary of the above-mentioned stakeholder- community consultation are summarised in Annexure 5(B): Similarly, on 7th February 2019 a public consultation was organised to discuss the draft SMF/RPF/IPDF at Majuli (Jorhat division) with the affected community and stakeholders. The observations from the consultations are summarised in Annexure-5(C). On completion of the SIA and SMP/RAP/IPDP for the three priority sites, public consultations will be organised at Guwahati and Majuli to discuss the draft reports, before finalisation and submission for Bank‟s clearance. It will be ensured that all such consultations are recorded and details indicate: consultation method used to seek the views of affected stakeholders; the date and location of each consultation event; a list of the attendees and their affiliation(s) and contact information; a summary of the information provided and discussed; a summary of feedback provided by participants, and AIWTDS response to the feedback indicating how it will be taken into account. The draft SIA study will be finalized after incorporating all comments and observations from the consultations. Page 115 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan At the civil work/ implementation and operation stages, communities will be encouraged to actively participate in the project monitoring which in turn will help sustain the quality of the project through transparent interventions. The themes of engagement have been listed below: Stakeholder type Timelines Methods and themes of engagement Project Affected During R&R Disbursement Empanelled NGOs will conduct Families Women, FGDs for livelihood monthly counselling sessions with vulnerable groups counselling (once every sets of affected persons, identifying and affected families month) their skill needs and advising them losing land and any on the alternate livelihood options. source of livelihood Information about livelihood schemes, including Jibondhinga scheme will be provided during these group discussions. Users/Passengers Assessment of impacts A satisfaction survey shall be carried of the ferry services during operation stage (6 out to assess the feedback of monthly) beneficiaries and other citizens on the implementation of the project activities. The survey questions shall touch upon issues of quality of services, public safety, and reliability, frequency of services, responsiveness and transparency in service provision. The satisfaction survey shall be carried out offline as well as online. Provisions shall be created in the web portal to facilitate capturing of responses from the users on the satisfaction survey questions. Mobile survey designs shall also be developed to run on smart phones. Fishermen Assessment of impacts FGDs will be conducted to communities/ small during construction and understand and assess if any impact scale traders/ operation stage (6 monthly) on livelihood activities, including fish farmers around catch and discuss possible project sites mitigation strategies. Ferry Operators/ Every 6 months Consultations and workshops will be Vessel Owners / conducted with ferry operators, Dredgers vessel owners and dredgers for planning strategies of increased market response and familiarity to the project, safeguard provisions, understanding their constraints in operation and assessing institutional capacity in addressing those constraints. Other Community Every 6 months Consultations with the prominent stakeholders NGOs in linking affected families to including NGOs, various government schemes. Page 116 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan SHGs and Enhancing opportunities of health empanelled NGOs and sanitation in the affected area with NACO and spreading HIV awareness sessions through empanelled NGOs. Dissemination of strategies for prevention of harassment of women using the ferry services. NGOs empanelled with NACO shall be invited to organise awareness camps at the construction sites. Indigenous Every 6 months A process of free, prior, and Peoples‟/Scheduled informed consultation with the Tribe communities affected IPs‟ communities at each around the planned stage of the project, and particularly facilities during project preparation, to fully identify their views and ascertain their broad community support for the project. Table 0-2 : Disclosure Requirements for Social Safeguard Instruments Instrument Disclosure Requirement Updating Re-disclosure Translati Disclosure Public Consultation of Final on Report Social Executiv To be 2 ads issued in Submitted SMF to be Managemen e disclosed Assamese and the disclosed on t Framework Summar at English on January revised AIWTDS (consolidate y & panchayat, 31st document website and d entitleme municipality on21/02/2 World Bank SMF/RPF/I nt matrix or Held on February 019 External PDF) translate municipal 7th at Majuli. WebsiteonMarc d in corporation Consultation to be h2019 Assames at the held in Guwahati on e on village level March2019. February 2019. SIA Translat To be Prior notice (2 Submitted SIA including including e the disclosed weeks min.) the RAPs to be RAPs for report in at through revised disclosed on priority Assames panchayat, advertisement in report on AIWTDS terminals e municipality two regional _. website and with no land on21Feb or newspapers. World Bank acquisition. 2019. municipal External corporation Website. at the village level. SIA SIA Notification including notificat to be SIMP by ion in disclosed (Revenue Assames at Deptt.) for e as per panchayat, land Sec. municipality acquisition. RFCTLA or Page 117 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan RR Act municipal 2013 corporation and Rule at the 5 (1) village Assam level. Rule 2015 SIA Report and Prior notice (3 Updating Recommendatio Report Plan weeks min.) and ns of expert and distributed through public translationgroup to be SIMP in to affected notification, of thegiven to affected Assames gaonpanch advertisement in report and gaonpanchayat e as per ayat and local newspapers, SIMP as and municipal Sec. municipal direct per Rule offices and in RFCTLA offices and communication with 11. office of DC, RR 2013 in office of Gaonpanchayat/Mu Sub-divisional and Rule DC, Sub- nicipal Ward & Appraisal officer and 5 (6) divisional uploading of the SIA Circle officer & Assam officer and information on the report by uploaded on the Rule Circle website of the an expert website of the 2015. officer. concerned district. group. state govt. and Rule 5(6) Rule 10 (3) Assam district Assam Rule 2015 concerned. Rule Rule 2015 12 (2) Assam Rule 2015 SIA Report and SIMP to be disclosed on AIWTDS website and World Bank Externalwebsite 7.3. Community Monitoring of Incentivisation Scheme for Improvement of Country Boat Services (Jibondinga Scheme) As per the proposed scheme, a vigilance body comprising of AIWT staff (Jalsarathis) or volunteers from local communities in the villages at each Jetty/Ghat will monitor the implementation of the Jibondinga scheme. The vigilance body will also monitor compliance to Standard Operating Procedures (SOPs) for ferry terminals to ensure convenience, safety and security of passengers. They will report any incident or non-compliance of Scheme/SOP related to safety of passengers or use of any boat not compliant to safety standards as specified by nodal agency at respective jetty/ghat. The members from local communities may also be trained and deployed to act as search & rescue team personnel, if required. As per the scheme, number of members to be deployed in the vigilance body will be determined based on daily commuters in each ghat/jetty. DIWT must clearly establish the procedure for community monitoring, to meet the objectives of social development principles of social inclusion, participation, transparency and accountability. 7.3. Citizen’s charter The „Citizens Charter‟ published at the website of AIWTD will be appropriately revised to ensure that the charter reflects the organisation‟s commitment towards its citizen with regard Page 118 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan to the standard of service, participation, inclusion, grievance redressal, transparency and accountability in the AIWT sector. The charter will stipulate the mandate of AIWTD, how one can get in touch with its officials, what to expect by way of services and how to seek remedy if something goes wrong. The Citizen's Charter does not by itself create new legal rights but will assist in enforcing existing rights. Based on the guidelines provided by the Department of Administrative Reforms and Public Grievances (see- https://goicharters.nic.in/welcome.html), AIWTDS shall constitute a task force to amend the “citizen‟s charter”. CE indicators – The specific CE indicators to be included in the result framework for monitoring are:  Beneficiaries (sex disaggregated, differently abled, senior citizens) satisfied with [specified dimensions e.g. access, quality of services, responsiveness to needs, quality of facilities] (%)  Percentage of grievances satisfactorily resolved within stipulated timeframe: 80%  Public information posters on GRM and Project activities published in the project area: all sites. The AIWTD-society will engage an experienced consulting firm to conduct satisfaction survey to assess the beneficiaries‟ satisfaction and perception on the GRM functionality, and service delivery. The satisfaction survey will cover different group of people, such as users, affected people, private ferry service providers, community councils (male & female), Indigenes people, etc. The survey will cover all sites to be supported under AIWT project. The survey will be carried out in the 3rd& 4th year of the project implementation. Page 119 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 8.Grievance Redress Mechanism (GRM) 8.1. Existing Web-enabled GRM system and Hotline AIWTD has adopted a Centralized Public Grievance Redress and Monitoring System (CPGRAMS) which is an online web-enabled system developed by NIC, in association with the Directorate of Public Grievances (DPG) and Department of Administrative Reforms and Public Grievances (DARPG). CPGRAMS is the platform based on web technology which primarily aims to enable submission of grievances by the aggrieved citizens from anywhere and at any time (24x7) to the concerned Ministries/Departments/Organisations who scrutinize and take action to redress these grievances. Grievances can be tracked through the system generated unique registration number. In addition, AIWTD has a department website wherein complaints can be lodged at the following email id- diwtassam@gmail.com. A dedicated helpline no. for grievance redressal has been setup at the PMU, AIWTD office, Guwahati (0361-2469885) where project related complaints can be registered at any time. 8.1.1. Review of the Existing GRM Systems At present, the web-enabled CPGRAMS and the helpline no. does not have dedicated staff at AIWTD to operate the two systems. The helpline no. and email are being internally monitored by the Deputy Director, however there are no systematic procedures to track and assess progress in resolving the grievances reported through it. CPGRAMS, on the other hand generates a unique registration no. which facilitates the process of tracking. The CPGRAMS has a process of acknowledgement and follow-up integrated into the system, which lacks in the dedicated helpline no. and email. Both, CPGRAMS and the helpline no./email id have not been adequately advertised or communicated to the public. The existing GRM systems although seems responsive to the needs of the project, requires major overhauling to address the aforementioned gaps. The dedicated helpline no. must be toll-free to ensure accessibility to all. AIWTDS has designated the Advisor (Administration) in PMU as the Officer in charge of GRM who will be assisted by HR & Admin Manager and 2 Office Management Executives (OMEs) for addressing complaints through multiple grievance uptake channels (telephone, online, SMS, suggestion box, etc.). Additionally, a standard operating procedure/handbook for addressing grievances should be developed and it must include the following elements: - Purpose for the Helpline: Complainants that the helpline is intended to serve and what are their needs. - Scope of services: Type of service the helpline will offer (e.g. information, referral, support, redressal, etc), nature of grievances (public safety, harassment, quality & efficiency of services, disaster management, R&R, Environment Health & Safety, construction-induced impact, etc.) and languages spoken by the helpline staff; Generating of unique registration no./token id for monitoring of grievances; and an SMS system for acknowledgement and follow-up. - Operation of the helpline, including human and financial resources required: Operational procedure for responding, staff and budget/logistics needed to support its operation. Page 120 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan - It is crucial to provide training and supervision of helpline staff, both to ensure they have relevant information to provide, necessary skills and related competencies for each mode of delivery: telephone, online or SMS. There should be public awareness program conducted among the affected communities and other stakeholders about grievance process. The purpose would be to inform local communities, and other stakeholder about grievance service. It is also important to highlight that complaint can be registered through multiple grievance uptake channels, such as helpline, email, by letter to the GRCs (a divisional level or upper level GRC) or walk-ins and registering a complaint on grievance logbook to be provided at each project site/Ghat or suggestion box. There should be specific procedures for Gender Based Violence (GBV) including confidential reporting with safe and ethical documenting of GBV cases. AIWTDS should have anMoU with specialised cells/organisations or state-run women helpline for referring victims of harassment to these organisations. 8.2. Grievance Redress Committee (GRC) at the PIU A divisional level Grievance Redressal Committee (GRC) will be formed by the Project Authority (vide issuance of Govt. Order) at the time of preparation of the RAP cum IPDP. The GRC will comprise Divisional Executive Engineer; Additional Deputy Commissioner of concerned district; Social Specialist- PIU, representatives of the concerned Village Panchayat/Council President or his/her authorised representative and supporting NGOs for implementing the RAP. Grievances of PAPs in writing will either be brought to GRC for redressal by the supporting NGO or received through any other channel. The NGO will provide all necessary help to PAPs in presenting his/her case before the GRC. The GRC will respond to the grievance within 7 days. Grievances brought to the GRC shall be redressed within a period of one month (30 days) from the date of receipt of grievance. The decision of the GRC will not be binding to PAPs i.e., decision of the GRC does not debar PAPs taking recourse to court of law. The GRC will meet once in 15 days but may meet more frequently, depending upon the number of such cases. GRCs will continue to function during the life of the Project including the defects liability period. Broad functions of GRC are as under:  Record the grievances of PAPs, categorize and prioritize them and provide solution to their grievances related to resettlement and rehabilitation assistance, land related disputed or construction induced impacts.  The GRC may undertake site visit, ask for relevant information from other government and non-government agencies, etc in order to resolve the grievances of PAPs.  Fix a time frame within the stipulated time period of 30 days for resolving the grievance.  Inform PAPs through the supporting NGO about the status of their case and their decision to PAPs. 8.3. GRC at the PMU Petitioners who wish to submit an appeal to the higher authorities can directly appeal to the GRC at the PMU, which will comprise of the Project Director, Advisor (Administration), Social Development Specialist, Environmental Specialist, representative from the Revenue Department and a recognised NGO. On receipt of a complaint at the PMU, an acknowledgement will be issued to the petitioner within 7 days. The case will be disposed by the PMU within 30 days of receiving the complaint. Details of the resolved cases will be documented and published on the website. Page 121 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 8.4. R&R Authority under RFCTLARR Rules 2015 In case of LA R&R issues, as per the provisions of the Assam Right to Fair Compensation and Transparency in Land Acquisition Resettlement and Rehabilitation Rules 2015 (Section 45) the state Government will designate a Rehabilitation & Resettlement Authority to handle the disputes related to the payment of compensation for L.A and R&R issues. As per this Section this R&R Authority will have the same powers as that of a civil court under Code of Civil Procedure in matters pertaining to land acquisition. The R&R authority is the designated authority to handle any disputes and grievances related to land acquisition and relocation. Figure 8-1 : GRM -Process flow diagram Page 122 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter.9.Gender Development Plan An analysis of gender backwardness point out to the following issues 9.1. Low Education status The total literacy level in Assam is 73.18 %, of which male literacy is 78.81 % and female literacy is only 67. 27 %. Female enrolment is seemingly higher in primary and elementary level, but as the level of education increases, enrolment rates decreases. Similar trends have been noted both in the districts of Kamrup (M) and Majuli. Higher levels of education are not as easily assessable to girls; while they remain literate, employment or gainful economic engagement are not always achievable aims (MHRD Report 2013- 14). 9.2. Low Workforce Participation Rate In Assam, workforce participation of males is 53.9 % while the workforce participation among females is abysmally low (6%). Of the total female workers, only 48 % were main workers while 52 % were marginal workers (Economic Survey, 2016-17). Majority of women were engaged in agriculture, only 7 % were engaged in professional, technical or managerial work (NFHS-III). The trends differ at the district level, where the workforce participation rate at Jorhat (Majuli circle) (13%) was found to be relatively higher than Kamrup(M) district (10.2%). 9.3. Women’s Access to Credit System Only 11. 7 % women have access to credit system or saving account in the state. This is less than the national average of 16.2 % (Economic Survey of Assam, 2016-17). This is again indicative of limited economic and financial independence of women in the state. 9.4. Health Status of Women As per NHFS 4, the Infant Mortality Rate is 48 to 1000 live births, while the national figure is 37 (NHFS 4, Sample Registration System). Assam has the highest rate of maternal mortality (300), followed by Uttar Pradesh. Kamrup (metro) district reportedly has the second highest MMR (April 2016-Mar 2017) in the state. Home births are still prevalent in the state, which prevents access to comprehensive healthcare for both, the mother and the child. Only 22.4 % births were recorded as institutional delivery, whereas 77.5 percent were recorded as home births in 2005-06 (India Human Development Report, 2011). Despite various preventive, protective and promotive measures taken after the recommendation of the Bhore Committee in 1942-43 on Public Health System and subsequent launching of various schemes, Infant Mortality Rate, Maternal Mortality Rate, Birth and Death Rate in the state still remains significantly high. 9.5. Women’s Involvement in the Political Field Only 0.8% women were represented in Legislative Assembly of Assam in 1978, this has increased to 10. 31 % is 2011. This figure has further reduced to 6.34 % in 2016 state assembly elections (Election commission of India). 9.6. Human Development Index (HDI)/Gender Development Index(GDI) /Gender inequality Index(GII) –Assam The HDR (2011) places Assam in the 16th position, out of the 23 states considered; and 26th among the 35 states compared for GDI. For GII, Assam falls in 28th position out of 35 states- much lower than its neighbouring states of Manipur, Meghalaya, Mizoram and Nagaland. Page 123 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 9.7. Risk Assessment Risk assessment indicators for the project were measured on country & state context, legal context, GBV context and project specific context (limited to Jorhat&Kamrup district). The project obtained an overall risk rating of 10 as indicated in the risk assessment matrix (Annexure 6.). 9.8. Gender Based Violence (GBV) There are increasing instances of domestic violence, sexual assault/ harassment and even robbery in the state. As per NCRB 2016, Assam has reported the highest crime rate under Section 498A „Cruelty by Husband or His Relatives‟ (58.7%). Women also report feeling unsafe in public spaces, further reducing their mobility. As per the study conducted by the Centre for Urban Equity, women in Guwahati listed general harassment by co-passengers, driver or conductor (47 %), eve-teasing (10 %), and stalking (7 %), as major constraints to use of public transportation. Assam is also a major source and transit point for human trafficking in India. As per the NCRB report of 2015, Assam (1,494 cases) accounted for 21.7 per cent of all cases relating to human trafficking recorded across the country. Of the 3,087 cases under procuration of minor girls (Sec. 366A IPC), Assam accounted for 1,303 cases, with highest crime rate (11.0) in the country (increased by 52.8% as compared to the previous year). The SIA of LachitGhat (Guwahati Division) and a World Bank study on gender-inclusive Assam IWT, revealed that women particularly students (school/college) were susceptible to experiencing sexual harassment on board the vessel. The studies further revealed that most IWT terminals and vessels had limited seating; while waiting areas were mostly overcrowded. Few, if any had clean toilets or drinking water facility.  Potential for sexual harassment of women and girls on IWT can be addressed by limiting overcrowding, providing sufficient seats and well-lit spaces. All terminals should have toilet facilities that are safely accessible to all individuals including the differently-abled.  The dedicated hotline for public grievances should include specific procedures for GBV including confidential reporting with safe and ethical documenting of GBV cases. AIWTDS should have an MoU with specialised cells/organisations or state-run women helpline for referring victims of harassment to these organisations.  Display of women helpline nos., dedicated hotline for the project at prominent location of the terminals and ferries including deployment of security personnel at every terminal is needed.  Initiatives to encourage greater bystander vigilance and sensitivity will also contribute to a safer travel environment. Public satisfaction survey will include evaluating how women and girls experience IWT travel in terms of their safety, security and convenience. 9.8.1. Setting up of Internal Complaints Committee for addressing Sexual Harassment at the Workplace Internal Complaints Committees will be established, capacity building and awareness will be generated at the PIUs and PMUs as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which aims at prevention of sexual Page 124 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan harassment at various work places. Such a committee will have the following functions as specified by the law. In general, responsibility of the Employer will include: 1. Creation and communication of a detailed policy and code of conduct against GBV and work place harassment; 2. Take measures to spread awareness and orientation on sexual harassment; 3. Constitute Complaints Committee/s in every workplace and district so that every woman is provided with a mechanism for redress of her complaint(s); 4. Ensure Complaints Committees are trained in both skill and capacity; 5. Prepare an annual report and report to the respective authorities; 6. District Officer will also appoint a nodal officer to receive complaints at the local level. A Code of Conduct will be established for every employee against workplace harassment, sexual harassment and GBV violation of which, if proven, will be handled with legal consequences. The PMU must ensure that the contractors for all project related activities are implementing the provisions of this Act as well. 9.9. Women as producers and traders – gendered value chains In Assam, even though the ownership of land and other productive resources is limited, women are still the chief producers of food for their families. Additionally, they are also engaged in activities like weaving, rearing of livestock like cows, goats, pigs, chickens and ducks, fish processing, the manufacture of bamboo products, tailoring and in some locations in the brewing of traditional homemade wine. The absence of safe and efficient IWT facilities not only limits women‟s mobility but has an impact on their participation in economic activities including access to and control of key productive assets. Studies have found that IWT timings are extremely erratic and unreliable. The unregulated schedules of IWT limits Mishing women‟s (tribal community in Majuli) ability to reach distant markets, and so they depend on selling to middlemen in a buyers‟ market and as a result forego the potential value of their products. Furthermore, transporting raw materials to and from ferries is hazardous due to lack of proper approach roads or other support facilities to aid women traders and entrepreneurs. To encourage women traders to use IWT, certain measures such as proper approach road to the terminals, restroom facilities, convenient boat operating schedules, pricing regulations and storage facilities to store their trade items, among others can be incorporated in the project design. Such measures can ensure gender inclusiveness of IWT and encourage women participation in trade. 9.10. Challenges faced by women in using IWT are summarised below: 1. The access roads and paths leading to Ghats were not well maintained, and women carrying loads, older people and differently abled found it difficult to reach the boats and ferries. 2. Most of the terminals had very limited seating and overcrowded waiting areas. Mostly none had access to clean toilets or drinking water. Loading and unloading goods was also a challenge, since it was an unregulated service. 3. Vessels deployed are either government owned or belong to private operators. Vessels owned and operated by the DIWT meet a majority of the provisions of the Inland Waterways Act, however are of limited number. More than 75% passenger services are provided by private operators who function on profit motives. Page 125 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Overcrowding, overloading, unregulated vessel design, lack of periodic monitoring etc make such private vessels inconvenient and unsafe for women. 4. IWT is costly compared to road transport, mainly because of the cost of loading and unloading goods, and the lack of last mile connectivity. This facility is also seen to be unavailable or irregular. 9.11Gender Action Plan A Gender Action Plan has been prepared for implementation of this project. The plan seeks to address the various gender related issues through a set of activities, specifying the roles of different implementing agencies, including indicators to track progress towards reducing gender disparities in the project. Table 0-1: Gender Action Plan Stages of Activities Indicators Responsibility the Project Planning Gender inclusive IWT and Trade Equity of access to key ISDP Consultant; Facilitation Study carried out to services through IWT DPR Consultant provide recommendations that (including health, education can be integrated into the project and economic centres) design. Beneficiaries (sex Modification of fleet and terminal disaggregated, senior citizens, and differently abled) design features to accommodate satisfied with [specified requirements of women, children, dimensions e.g. access, infirm and differently abled from quality of services, the perspective of quality, responsiveness to needs, reliability, safety and security quality of facilities] (%) such as: No. of vessels operating that Provision of clean, gender have: •Seats for all passengers segregated, well-lit wheelchair •Life Jackets for all accessible toilets. passengers •Safety instructions, Specific women rest room •Secure spaces for goods (Nursing rooms) to accommodate facilities for women to breast feed No. of vessels that have and to look after infants and small disability access children at the terminals. No. of long distance vessels with toilet facilities with Provision within the terminal and disability access vessels of an adequately covered area and seating keeping in view the volumes of passengers, at peak hours, particularly for women, differently abled and elderly persons. Standard Ramp with protective hand rail for barrier free entry- design consideration (ramp Page 126 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan configuration, width, slope and landings, handrail, surface and tactile markings) for access to wheelchair users and people with mobility problems Provision of signage of appropriate visibility and provision for audio announcements- This implies (a) use of different modes (pictorial, verbal, tactile) for redundant presentation of essential information. (b) Maximizing “legibility” of essential information. (c) Differentiating elements in ways that can be described (i.e., make it easy to give instructions or directions). (d) Providing compatibility with a variety of techniques or devices used by people with sensory limitations. Preparation Gather gender disaggregated No. of payments disbursed Revenue officers data during the SIA and organise on joint names. and AIWTDS consultations with users to incorporate their suggestions No. of women headed while planning and designing the households who‟ve received Ghats/vessels. one-time payment assistance LA and R&R: Ensure payment of compensation No. of women who‟ve on joint names; received training on skill development One-time assistance to women headed households; Ensure training for skill development to women (and other vulnerable groups) whose livelihood is affected, including cost of training and financial assistance for travel/conveyance and food Construction Measures such as compliance No. of skilled/ unskilled/ Construction with various labour welfare professional women contractors legislations which mandate the employed in the project Supervision contractor to provide facilities, construction works. Consultant which would encourage more AIWTDS women to join the workforce, No. of female employees who such as those pertaining to have accessed employee creches, working conditions and welfare schemes and benefits remuneration. under labour laws. Page 127 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Trainings and awareness camps No. of trainings and on prevention and protection awareness camps on GBV against GBV and HIV/AIDS and HIV/AIDS organised at the construction sites. Developing a code of conduct/SHW policy and setting ICC constituted at all up of ICC as per the mandate of establishments related to the SHW Act, 2013. project. Operation Strict and regulated scheduling Display boards about boat E&S cell (timing and price) of IWT schedules and strict AIWT Regulatory services. adherence to the same. Authority Crew Training Security personnel deployed at No. of trainings for vessel Centre the terminals for safety and crews and IWT staff on GRM security of passengers, including RTI, labour particularly women. standard compliance including HR policies, safety Training of vessel crew and IWT and security of women users staff on GRM including RTI, (including gender labour standard compliance sensitization), and passenger including HR policies, safety and services for differently abled, security of women users senior citizens, women and (including gender sensitization), children. and passenger services for differently abled, senior citizens, No. of SHG applicants women and children. availing the Jibondinga Scheme Under the Jibondinga scheme, registered women self-help No. of women entrepreneur groups shall be provided an applicants availing the additional 10% or equivalent in Jibondinga Scheme absolute terms, of the benefit amount for encouraging them to expand their target market Under the Jibondinga scheme, individual women entrepreneurs shall be eligible for an additional 5% or equivalent in absolute terms, of the benefit amount for encouraging them to expand their business GRM Display the penal consequences No. of SHW cases AIWTD/GRM of sexual harassment at a adjudicated by ICC and system conspicuous place in the resolved. workplace. Dedicated helpline for the Display of the “citizen charter” at project established and the terminals. working. Project helpline no. along with No. and nature of complaints existing hotlines for women‟s received from women. Page 128 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan safety to be advertised on board the vessels and the terminals. MoU with exiting women helpline nos. and/or prominent NGOs to report complaints of harassment. M&E Satisfaction survey shall be % of women respondents AIWTD carried out to assess the interviewed for the AIWT Regulatory feedback of beneficiaries and satisfaction survey. Authority other citizens (50% women respondents) on the No of operators refused implementation of the project licences to operate because activities. of non-compliance of safety provisions (percentage of Monitoring of safety and security total applicants) under the of passengers as per the SOP by SOP. the vigilance team. Regular reporting on all social safeguard activities including training and capacity building, GRM, Labour Compliance, R&R, citizen engagement and other project activities related to gender mainstreaming and prevention of GBV. Page 129 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter.10.IndigenousPeoples Development Plan (IPDP) World Bank‟s safeguard policy ensures that for all projects that are proposed for Bank financing and affect Indigenous Peoples, a process of free, prior, and informed consultation should be done for broad community support to the project. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples‟ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerational inclusive. The RAP-cum-IPDP for the three priority sites have been prepared due to the presence of large no. of ST population within the project influence area. Although there are no direct impact on ST families, some indirect impact may be there on tribal communities in the project influence areas, such as the Mishing tribe who rely on the Ghat/ferry services for daily commute to access market, work, medical facilities and educational institutions. The project will also have an impact on the livelihood of the riverine tribal community, which predominantly are weavers and cultivators. 10.1. Indigenous Peoples Plan for various stages of Project Cycle The following Table 10.1.summarises IPDP stages throughout the project cycle Table 0-1: Indigenous Peoples Plan for various stages of Project Cycle Stages Procedures Activities & Outcome Preparation  Identify concerns/issues in relation to the  Preparation of a list of issues during the project activities through Participatory Rural social screening and scoping process Appraisal (PRA) exercises  Communicate with Autonomous District  Information dissemination on the Councils/GaonPanchayat to carry out Free, project and brief account of project Prior, Informed Consultation at the village implementation plans and framework th level held on February 7  Organize consultation with STs to inform  Stakeholder consultations and FGDs about the project activities and benefits held at Majuli during the SIA.  Identify key areas of constraints that may  Rate of poverty andperiodic floods in be improved through the project and the area has an adverse impact on the develop detailed plan for tribal livelihood of the tribe who mostly dwell development near the bank of the river.  Project will facilitate access to short- term and long-term economic opportunities, particularly to women weavers. Both sites, in North Guwahati and Majuli has huge potential for tourism. It is likely that tourism will expand more in these areas with the improvement of IWT. Implementation One-time additional financial assistance of  13 no. of PAFs (SC) accruing the Rs. 50,000 to SC/ST PAFs who are benefit. displaced and require to relocate due to the project.  Employment to members from tribal  Number of STs employed community in carrying out actual construction work Operation  Improvement of terminals and ferry  % of tourists visiting historic sites, services to attract and promote tourism areas, museums, other heritage  Free Prior and Informed Consultation with attractions using the ferry the tribal communities. Page 130 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Stages Procedures Activities & Outcome  Capacity building of ST/SC and other  Training calendar to be prepared vulnerable groups, and skill up-gradation  Number of trainings undertaken for institutional strengthening.  Number of tribal members trained  Employment generation for ST in related  Number of ST employed undertaking sub project activities various activities under the project  Help build linkages with major government  Number of STs that have availed the schemes for skill enhancement and Jibondinga scheme or similar improvement of ferry services (Jibondinga incentivization schemes. scheme). GRM  Including a member of the ADC in the sixth  Number of grievances brought forward schedule area in the GRC, to address R&R in ST areas and addressed. and land related disputes. 10.2. Other key areas of interventions for promotion of Culture & Heritage Lack of access to economic opportunities and economic disparity of tribal population seems to be entrenched in Majuli. Furthermore, ineffective IWT services and lack of connectivity has rendered the place inaccessible for social enterprises such as tourism. While considering the tourist potentials in these areas, AIWTDS can further explore the possibility of promoting the tribal communities unique cultural and traditional practices, handlooms and handicrafts at the terminals and ferries operated by IWT. At the same time measures must be in built to preserve their cultural diversity by ensuring minimal or no over intrusion to culture zones. Some of the possible measures that IWT may consider are:  Ferry boats and terminals can be further developed and enriched by display of paintings, wall art and artefacts of indigenous groups.  Special zones and artefact centres can be arranged in the terminal areas to create opportunities to display and sell products of indigenous communities.  Guides can be selected from the indigenous community, trained and supported to guide tourists accessing the information desk at the terminals. Page 131 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter .11Labour, Health and Safety Often developmental activities call for supply of labour forces and attract workers from different parts of the country. If not but to check, such trends can become a heavy burden on the resources, infrastructure, capital, social fabric, culture and economy of the affected area. Assam serves as the most important corridor that connects North-Eastern region to the rest of India, and India to its neighbouring countries. Due to its geographical placement, Assam is already subjected to severe migrations (interstate and cross border migration) from neighbouring areas, putting severe strain on the existing resources and its limited land area. Mass protests held against the recently tabled “Citizenship (Amendment) Bill, 2016” which seeks to legitimize the status of illegal immigrants, is a testimonial of prevalent social conflicts within the community which can easily be exacerbated by the influx of labours. The State also reports higher instances of poverty and unemployment. Despite the abundant supply of raw materials, the lack of proper infrastructure limits Assam‟s potential to a producer rather than a distributor of profitable end products. Another challenge salient to Assam is the population displacements due to floods. The Brahmaputra River poses a significant challenge to riparian communities who are often forced to move, due to floods. They are faced with heavy losses of property, land, household, agricultural products, animals and life, often causing severe economic and social distress to the inhabitants. Furthermore, insurgency and social conflicts in the recent past puts heavy strain on the social and economic equilibrium of the State. 11.1. Labour Influx Risk Assessment The exact number of skilled and unskilled labourers required for the construction works on site is not yet clear. But the influx of workers and followers can lead to adverse social and environmental impacts on local communities, especially if the communities are rural, remote or small. However, the current project for development of IWT involves both rural and urban areas of Assam. While some Ghats are located in typical urban centres like Guwahati and Jorhat, others are located in remote rural settings of Majuli. Furthermore, IWT services offers one of the most important modes of connectivity for multiple sections of population, especially in rural areas. Out of the total migrants, the interstate migrant into Assam contributes about 2.39 per cent and 1.93 per cent during 1991 and 2001. In both years, Bihar contributed to the highest volume of interstate migrants as about 36.31 per cent and 33.50 per cent respectively, followed by West Bengal (17.62 per cent and 19.19 per cent) and Uttar Pradesh (10.17 per cent and 9.72 per cent). According to the 2011 Census, net interstate migration rate for Assam during 1991-2011 is estimated at -2.02%. The share of interstate migration has increased from -0.69% to -2.02% from 1991 to 2011. Influx of migrants from the different states of India can be attributed to the existence of labour market and employment prospects in the destination area. Based on this assessment, potential adverse impacts of labour influx have been enumerated below:-  Labour influx may influence the demographic composition of the existing mass of population in riparian areas, where there already seems to be a decline of man-land ratio, shortage of food, settlement pattern, and ethnic differences. Furthermore, two Page 132 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan priority sites, namely LachitGhat and North Guwahati Ghatare located at Kamrup (M) district which has a significant population density of 1313 density/km2.  Increased demand and competition for local social and health services, as well as for goods and services, which can lead to price hikes and crowding out of local consumers. SIA of three priority sites indicated low capacity of the community to manage and absorb the incoming labour force. This is particularly relevant for Assam, as it already deals with such risk from cross border and interstate migration.  Bearing in mind the present socio-political environment, temporary labour influx due to the project may amplify social conflicts between the local community and the construction migrant workers.  Project may result in increased rates of illicit behaviour and harassment, which is a real threat for Assam which has reported high incidence of crime against women according to the National Crime Record Bureau.  SIA of three priority sites revealed that the project will directly impact the livelihood of affected families who earn their living through petty businesses and agricultural activities (marginal/small) in the project area. It is therefore imperative to ensure that the PAPs can reconstruct their livelihood. The temporary labour influx may increase competition for jobs and have an impact on wage distribution. While most of these potential impacts are identified in the Social Impact Assessment (SIA) carried out for the sub-projects, they may become fully known only after a project contractor is appointed to take decisive actions on sourcing the required labour force. It is vital to develop a dynamic plan for addressing risks associated with labour influx before the stipulated work starts. It is also important to update such plans as necessary to reflect project improvements and developments that result from the course of project implementation. Overall, adequate monitoring and adaptive management of the potential impacts from labour influx are crucial for properly addressing and mitigating the risks involved. 11.2. Recommended Mitigating Measures  The Project contractor to ensure equal payment for equal work and no discrimination in hiring based on gender, age, or ethnicity  The most effective mitigation measure against labour influx is to reduce it. Unskilled workers are available in plenty, and many of them are migrating in search of employment. The contractor is responsible for recruitment of labourers for construction work. Specifications on employment of local workforce including women should be reflected in the civil works bidding documents and subsequent contracts to ensure that the contractors fulfil these commitments. Locals including women may be screened further for skills, and adequate orientations can be provided to recruit for the work. AIWTDS can prepare a roster of interested workers and their skills. The lists can be provided to contractors at the pre-bid meetings for recruitment consideration.  The project contractor needs to prepare a site-specific Labour Influx Management Plan and/or a Workers‟ Camp Management Plan. This plan will include specif ic measures that will be undertaken to minimize the impact on the local community, including elements such as worker codes of conduct, grievance redressal, skills development, training programs and awareness generation on HIV/AIDS and gender- based violence (GBV) for the workers and host community. A Workers‟ Camp Page 133 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Management Plan will also address specific aspects of the establishment and operation of the workers‟ camps in compliance with relevant labour laws. The plan should include appropriate screening and monitoring mechanisms for addressing non- compliance.  Adequate measures will be taken to ensure safety and security of women within the community and at the construction site. A security personnel will be deployed at the construction sites, and emergency nos. including contact details of local law enforcement officers, project‟s helpline no., existing state-run women helpline nos. will be prominently displayed at the site. The contractors will ensure that an Internal Complaints Committee (ICC) for each establishment is set-up to meet their corporate requirement and legal mandate under the Sexual Harassment at the Workplace Act, 2013.  Health problems of the workers should be taken care of by providing basic health- care' facilities through health centres temporarily set up for the construction camp. The health centre should have the requisite staff, free medicines and minimum medical facilities to tackle first-aid requirements or minor accidental cases, linkage with nearest higher order hospital to refer patients of major illnesses and critical cases.  Awareness camps on HIV/AIDS for both, construction workers and neighbouring villages must be organised at regular intervals by NGOs empanelled with NACO.  It is expected that among the women workers there will be mothers with infants and small children. The provision of a day care crèche as per the Building and Other Construction Workers (regulation of employment and conditions of service) act, 1996 is the contractor‟s responsibility. The crèche should be provided with trained women to look after the children.  In case work schedule extents up till night, it should be ensured that women workers are exempted night shifts.  Media/IEC Specialist at the PMU must prepare and disseminate IEC materials on labour welfare and compliance. Additionally, the supervision consultant and PIU must monitor the labour standard compliance during the construction phase, as per the format provided in Annexure.7. The PIU with the support of the supervision consultant must document and furnish a monthly report on labour standard compliances including implementation of site-specific Labour Influx Management Plan/ Workers‟ Camp Management Plan and construction induced grievances to the PMU. The following Table no11.1. Describes the cross-cutting mitigation measures related to labour influx to be adopted for each priority site under the AIWT project: Table 01-1.Labour influx-cross-cutting issues Elements Measures Assess the  Unskilled workers are expected to be largely recruited locally in magnitude of the project area. All these locally recruited will continue living in labour influx, their homes, except where work sites are far away from their relevant contextual settlements, in which case they would reside in the labour factors, and related legal & institutional camps, as would workers from outside the immediate alignment. framework Page 134 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Contractually bind  The Contractor is explicitly required under its contract to abide the Contractor to by the provisions of the site-specific SMP. carry out social  Before work begins, the Contractor is required to obtain impact mitigation approval for its Contractor‟s camp, including plan for implementation of social and environmental risks, including labour influx.  The works contract specifies the sanctions that the Contractor will face if the contractor-related provisions of the site-specific SMP is not adhered to, including by sub-contractors.  The Contractor is required to have specific and qualified key staff (Social expert) to manage social mitigation and implement the project‟s safeguard instruments. The contractor safeguards expert will be responsible to verify compliance with and implementation of all mitigation measures. Physical works can only commence once these key staff are engaged. Establish a  The Contractor must establish and enforce the employees‟ mandatory Code of Code of Conduct (CoC), including prevention of Conduct for HIV/AIDS/STCs, prohibition of gender-related violence, workers treatment of minors, and other behaviours affecting community residents. PMU will review and approve the CoC before physical works commence.  The Contractor is required to implement the CoC.  The Contractor‟s social team is required to provide training to all workers on the CoC. The training will be applied to 100% of the workers. PMU will monitor compliance. Reporting and  The PMU will prepare regular reports on the Contractor‟s auditing compliance with all social impact mitigation plans. SOCIAL IMPACTS Potential Mitigation Measures Adverse Impacts Aggravation or The SIA of the pre-identified sites have carefully analysed and taken exploitation of into account pre-existing cultural or social differences among groups social conflicts in the project area. Increased Labor camps will provide their own water supply, electricity, burden on public wastewater treatment, solid waste disposal, medical services and service transportation services, with no negative impacts on the supply of provision, such services to local residents. increasing costs to or crowding out the local population Resettlement, Sites for labour camps in project areas are most often on land compensation leased for the duration of project execution, thereby avoiding any related to labour land acquisition. camps Page 135 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Increased risk of The Contractor‟s social team is required to provide training to all communicable workers on HIV/AIDS/STD prevention, in coordination with the local diseases health service and with additional support of specialized entities in the project area. The training will be applied to 100% of the workers. PMU monitoring agent will monitor compliance. Gender-based The Contractor is required to fully enforce compliance by its workers violence and with the Code of Conduct, GBV action plan, including application of misconduct sanctions. Illicit behaviour  The Contractor is required to monitor the entry and exit of all and crime personnel and visitors in and out of the labour camp. affecting the local population  PMU and the Contractor will maintain outreach to law enforcement and legal services for women, children and teenagers, to facilitate prompt and effective responses when needed.  The Grievance Redress Mechanism includes a specific mandate to address any kinds of gender-based violence. Child labour and  The works contract includes a clause prohibiting the economic school dropout exploitation of minors and employment that is deemed dangerous, which interferes with education and/or risks their health or physical mental, spiritual moral or social development. Camp-related  The Contractor in and around the camps, mustprovide signage, traffic and safety traffic control personnel, barriers, lighting, reflectors, proper pedestrian access, and public information on grievances.  In reviewing the terminal design, the PMU will undertake a safety audit.  Contractor will prepare a Traffic Management Plan which will require approval by the PIUs. Labour  The Contractor will be required to prepare and obtain approval of conditions an Occupational Safety and Health (OHS) plan for its workers at the work site and in the labour camps.  The Contractor must abide by the applicable labour laws of India and the norms for design, construction and management of labour camps per “Labour Accommodation: Processes and Standards”, a Guidance Note by IFC and the EBRD, found at the following link: http://www.ebrd.com/downloads/about/sustainability/Workers_acc omodation.pdf Closure and site The work camps‟ closure and site restoration, including removal of restoration buildings and ancillary facilities, rehabilitation of access ways, removal of all materials and equipment, restoration of the topography to its original state, and replanting of trees and other vegetation should be a part of the contractor‟s Workers‟ Camp Management Plan. Page 136 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan 11.3. Relevant Labour Laws applicable during Construction The construction sites and camp sites established by the contractor needs to comply with all applicable labour laws, some which are listed below. Page 137 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Table 01-2 : Relevant Labour laws 1. The Payment of Gratuity Act Gratuity is payable to an employee under the Act 1972 on satisfaction of certain conditions on separation if an employee has completed 5 years‟ service or more or on death at the rate of 15 days wages for every completed year of service. The Act is applicable to all establishments employing 10 or more employees. 2. Trade Union Act 1926 The Act lays down the procedure for registration of trade unions of workmen and employers. The Trade Unions registered under the Act have been given certain immunities from civil and criminal liabilities. 3. Workmen‟s Compensation The Act provides for compensation in case of Act, 1923 injury, disease or death arising out of and during the course of employment. 4. The Building and Other All the establishments who carry on any building or Construction Workers other construction work and employ 10 or more (Regulation of Employment workers are covered under these Acts. All such and Conditions of Service) establishments are required to pay cess at the rate Act, 1996 not exceeding 2% of the cost of construction as may be notified by the Government. The Employer of the establishment is required to provide safety measures at the building or construction work and other welfare measures, such as Canteens, First – Aid facilities, Ambulance, Housing accommodations for workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering Officer appointed by the Government. 5. Child Labour (Prohibition and The Act prohibits employment of children below 14 Regulation) Act; 1986 years of age in certain occupations and processes and provides for regulation of employment of children in all other occupations and processes. Employment of Child Labour is prohibited in the Building and Construction Industry. 6. Inter-State Migrant The Act is applicable to an establishment which Workmen‟s (Regulation of employs 5 or more inter-state migrant workmen Employment and Conditions through an intermediary (who has recruited of Service) Act, 1979 workmen in one state for employment in the establishment situated in another state). The Inter- State migrant workmen, in an establishment to which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses from home upto the establishment and back, etc. 7. Contract Labour (Regulation The Act provides for certain welfare measures to & Abolition) Act 1970 be provided by the Contractor to contract labour and in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer by law. The Principal Employer is required to take Certificate of Registration and the Contractor is required to take license from the designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer Page 138 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan if they employ 20 or more contract labour. 8. Sexual Harassment of Women at This Act defines sexual harassment in the the Workplace (Prevention, workplace, provides for an enquiry procedure in Prohibition and Redressal) Act, case of complaints and mandates the setting up of 2013: an Internal Complaints Committee or a Local Complaints Committee 9. Minimum Wages Act 1948 The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government as per provisions of the Act if the employment is a scheduled employment. Construction of Buildings, Roads, Runways are scheduled employments. 10. Payment of Wages Act 1936 It lays down the mode, manner and by what date the wages are to be paid, what deductions can be made from the wages of the workers. 11. Employer‟s Liability Act, 1938 This Act protects workmen who bring suits for damages against employers in case of injuries endured in the course of employment. Such injuries could be on account of negligence on the part of the employer or persons employed by them in maintenance of all machinery, equipment etc. in healthy and sound condition. 12. Employees State Insurance Act The Act provides for certain benefits to insured 1948 employees and their families in case of sickness, maternity and disablement arising out of an employment injury. The Act applies to all employees in factories (as defined) or establishments which may be so notified by the appropriate Government. The Act provides for the setting up of an Employees‟ State Insurance Fund, which is to be administered by the Employees State Insurance Corporation. Contributions to the Fund are paid by the employer and the employee at rates as prescribed by the Central Government. The Act also provides for benefits to dependents of insured persons in case of death as a result of an employment injury. 13. The Personal Injuries This Act provides for the employer‟s liability and (Compensation Insurance) Act, responsibility to pay compensation to employees 1963 where workmen sustain personal injuries in the course of employment. 14. Industrial Employment (Standing It is applicable to all establishments employing 100 Order) Act 1946 or more workmen (employment size reduced by some of the States and Central Government to 50). The Act provides for laying down rules governing the conditions of employment by the Employer on matters provided in the Act and get the same certified by the designated Authority. Page 139 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter.12.Monitoring and Evaluation Plan Monitoring and evaluation of the project activities is to be done in a period manner (monthly/quarterly/ half yearly/annually) to ensure that the set milestones of the project are met with and in line with the requirements of the SMF/RPF/IPDF and sub-project specific RAP/IPDP. The project is responsible for internal monitoring on regular basis with the help of Social Development team in the Project Management Unit (PMU) of AIWTDS. The Project Management Unit (PMU) will carry out concurrent monitoring of RAP implementation through the PIU and prepare monthly and quarterly progress report in terms of physical and financial progress. Additionally, the monitoring process will also look into: grievance management; public consultation and information dissemination to PAPs on benefits; income restoration activities, community monitoring of the Jibondinga Scheme and compliance of safety measures; labour standard compliance of all physical investments; training and capacity building; citizen engagement to assess users‟ satisfaction; GBV and gender mainstreaming. The monthly internal monitoring reports will be submitted to PMU by the end of 1st week of the subsequent calendar month. The progress report will be reviewed by the PMU and comments if any, will be communicated to PIU for immediate action. The General Consultants of the PMU will take over the charge of supervising and monitoring the activities of the project during the time of implementation, which will include supporting and guiding the implementation and compliance on safeguards; documentation of various processes related to the implementation of RAP cum IPDP; sensitization and helping build capacity of the AIWTDS officials towards the implementation of the RAP cum IPDP provisions and assisting the social specialists of PIU in preparing monthly progress and quarterly process documentation reports. The technical supervision consultant will supervise and monitor labour standard compliance during the construction phase. They will conduct periodic site visits to identify potential challenges faced in the project implementation and support to take timely corrective measures, if needed. A copy of the quarterly report will be made available to the World Bank by the PMU. Services of an External Consultancy agency (third party) viz “Safeguard Monitoring Consultants (SMC) will be deployed to carry out external evaluation, of the environmental and social safeguard aspects, on a quarterly basis. They will especially monitor implementation and impact of Resettlement Action Plan (RAP) and other social and environmental safeguard aspects, including user satisfaction of ferry services from the perspective of safety, security and convenience of the passengers. Regarding land acquisition and Resettlement Action Plan, (RAP) implementation, following aspects will be monitored. (Annexure-5- ToR of Safeguard Monitoring Consultants) i. Randomly verify the process followed in determining the compensation in line with the provisions of LARR including the inputs from the independent valuer; ii. Verify timely payment of compensation to the landowners once the compensation awards are made. Participate in some of the compensation distribution meetings to ascertain the process followed for distribution of compensation cheques; iii. Verify the process followed in the dissemination and administration of reimbursement of stamp duty or taxes in case those who buy alternative lands and houses out of compensation money; iv. Verify the process followed for dealing with those cases where severance of lands are involved; Page 140 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan v. Ascertain how the various provisions including payment of additional compensation in case of delay in completing the land acquisition process are administered under RFCTLARR 2013; vi. Follow up on the status for dealing with grievances related to compensation rates; vii. Follow-up on the progress in land acquisition in relation to civil work time table and report any likely delays which will affect the timely handing over of the lands to the contractors in accordance with the contact provisions; viii. Report on any additional land acquisition requirements due to changes in route alignment or implementation of any associated facilities that are listed in this TOR; ix. Any others tasks that are appropriate for dealing with land acquisition and compensation payment. x. Verify and ascertain that the Entitlements as available in the Entitlement Matrix are administered to the various category of PAPs; xi. Ascertain that the various proposals made in RAP to mitigate the impacts are implemented in the manner it was described in the RAP; xii. Ascertain how various suggestion and concerns raised by the local people during consultations are incorporated or addressed during the project implementation; xiii. Report on the Status of completion of reconstruction of affected community assets prior to handing over of the land to the contractor; xiv. Report on the functioning of grievance redress mechanism to deal with the complainants grievances related to RAP implementation; xv. Review the functioning of Data Base Management to track the implementation progress; xvi. Review the periodical internal monitoring reports and identify any gaps in reporting or delay in implementation progress; xvii. Verify the coordination between civil work contracts and RAP implementation to ensure that encumbrance free stretches are handing over to the contractors; xviii. Monitor the role of consultants and NGOs in RAP implementation and identify any improvements required and suggestion for their services; xix. Monitor the progress in providing unskilled jobs to the PAPs and local people; xx. Participate in the meetings and consultations carried out by the implementing agency or carry out independent consultations to get first hand feedback from the affected and local people on the project implementation in general and RAP Implementation in particular; xxi. Report on any additional R&R impacts due to changes in route alignment or implementation of any associated facilities that are listed in this TOR; xxii. Any others tasks that are appropriate to deal with resettlement impacts and PAPs/local villagers concerns; xxiii. Report other social safeguard issues such incidence of child labour, gender based violence, unequal wages, unhealthy work camps posing health or security hazards to the workers, etc. 12.1. Monitoring indicators for measuring social development outcomes The indicative monitoring indicators for RAP implementation will be: land acquired (ha) - private; land transferred (ha) - government; issue of ID cards; number of PAPs received full R&R assistance (titleholders); number of PAPs received full R&R assistance (non- titleholders); number of families provided alternative resettlement house; number of vulnerable people received additional support; number of payments disbursed on joint names; number of women PAPs who have receive compensation and R&R assistances; number of PAPs (sex disaggregated) who‟ve received training on skill development; number of CPRs relocated; and number of grievance received and resolved. The indicative monitoring indicators for financial monitoring will be: amount paid as land compensation; amount paid as structure compensation; amount paid as R&R assistances; and amount Page 141 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan spent on common property resources. Some of the monitoring indicators for social development activities within other components of the project are:  Beneficiaries (sex disaggregated, differently abled, and senior citizens) satisfied with [specified dimensions e.g. access, quality of services, responsiveness to needs, quality of facilities] (%)  % of women respondents interviewed for the satisfaction survey.  Percentage of grievances satisfactorily resolved within stipulated timeframe: 70%  Dedicated helpline for the project established and working.  No. and type of IEC activities undertaken to disseminate information on GRM  No. and nature of complaints received from women.  MoU with exiting women helpline nos. and/or prominent NGOs to report complaints of harassment.  ICC constituted at all establishments related to the project.  No. of SHW cases adjudicated by ICC and resolved.  Equity of access to key services through IWT (including health, education and economic centres)  No. of vessels operating that have: seats for all passengers; life jackets for all passengers; safety instructions; secure spaces for goods  No. of vessels that have disability access  No. of long distance vessels with toilet facilities with disability access  Display boards about boat schedules and strict adherence to the same.  No. of SHG applicants availing the Jibondinga Scheme  No. of women entrepreneur applicants availing the Jibondinga Scheme  No of operators refused licences to operate because of non-compliance of safety provisions (percentage of total applicants) under the SOP.  No. of skilled/ unskilled/ professional women employed in the project construction works.  No. of female employees who have accessed employee welfare schemes and benefits under labour laws.  No. of trainings and awareness camps on GBV and HIV/AIDS organised at the construction sites.  No. of trainings for vessel crews and IWT staff on GRM including RTI, labour standard compliance including HR policies, safety and security of women users (including gender sensitization), and passenger services for differently abled, senior citizens, women and children. Page 142 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 13.Budget estimates for Social Management Plan including R&R costs Table 03 -1: Resettlement and Rehabilitation Assistance Budget for 3 Priority Sites Cost / Sl. Total Amount in Items Unit @ unit in No. Units Rs. Rs. Structure (Residential, Commercial, Res-cum-Comm) of Non - Titleholders Compensation at scheduled rates without 1 100000 11 100000 depreciation for structure 1100000 One-time rehabilitation grant of Rs. 25,000 2 25000 11 25000 275000 for reconstruction of affected shop. One-time subsistence allowance of Rs. 3 18000 13 18000 234000 18,000/- 4 Shifting assistance of Rs. 10,000/- 10000 13 10000 130000 Temporary loss of livelihood during 5 50000 20 50000 1000000 construction (kiosks/vendors) One-time rehabilitation grant of Rs. 25,000/- 6 25000 2 25000 50000 for relocation of kiosk/vendors Assistance to Tenant (Residential, 7 No. 0 0 0 Commercial and Res-Commercial Structure) Loss of Employment (Wage-earners, workers/ employees) Subsistence allowance of Rs. 3000/- for 3000 each employee equivalent to 25 days of 10 9000 90000 8 x3 MAW for a period of 3 months Training Cost for vocation skill improvement 10000 13 10000 130000 Loss of livelihood 9 Provision of vocation training 10000 13 10000 130000 Additional amount for vulnerable group 10 One-time financial assistance 50000 10 50000 500000 Loss of CPR 11 Replacement cost Sq.mtr NIL 0 36,39,000 Sub-Total 3.37million Page 143 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Table 03 -2 : RAP & IPDP Implementation Budget for 3 priority sites Sl. No. Items Cost Amount in Rs. 3360000 1 Institutional Cost (RAP & IPDP) Lump sum 300000 2 Awareness on HIV/AIDS and GBV Lump sum Capacity building of implementing 500000 3 Lump sum agency 300000 4 Cost of External M&E agency Lump sum 1000000 Dissemination of project information 5 Lump sum and project progress by PIU Sub-total 5460000 5.46 million Total Costs = 3.37 + 5.46 = 8.83 million Page 144 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 14 .Civil Works and Social Impacts The construction work of phase I for developing state of the are international standards IWT Terminals at Guwahati, North Guwahati and Apahalamukh by the Directorate of Inland Water Transport, Govt. of Assam under the World Bank funded Assam Inland Water Transport Project (AIWTP) is set to be started. The AIWTDS is in the process of preparation of Detailed Project Report and the Bid Document for the development of the upcoming proposed state of the art riverside transport terminals proposed at the locations of Guwahati, North Guwahati, and Apahalamukh in the phase I of the development. The preliminary estimates cost of the works combined for the development of these terminals shall be approx INR 210 Cr. This would be major landmark for the entire state of Assam. The envisaged/ proposed state of the art terminals shall comprise of a multi-storeyed terminal complex which a will contain adequate facilities and amenities, provisions for berthing, boarding & de-boarding of passengers, loading & uploading of cargo, bank protection, navigation aids and other auxiliary support systems. In order to increase the last mile connectivity, approach road to terminals connecting nearby main roads shall also be undertaken in this development. The terminals components (comprising of fixed and modular floating structures) shall be designed in such a way that modularization of design elements is feasible and these customizes design models can be used and developed for future infrastructural interventions. The terminals development shall be developed following the EPC( Engineering, Procurement Construction) DBB (design Bid Build), BOQ contract basis process of construction based on the recommendations drawn from the outgoing consultancy assignments. The terminals shall be developed in such a way that the ferry services can be operated for all the seasons of the year (monsoon and lean) concerning to the perennial availability of the services to the commuters. The provisions made in the designs of the terminals shall be such that it will be suitable for the female commuters (pregnant women etc) as well as differently – abled people giving them easiness while commuting. The provisions of giving the touch of regional culture and protection of cultural heritage sites are also made so as to promote the local culture and promote tourism. The state of the art terminals shall include Terminal complex with required facilities and amenities provisions for berthing, boarding & de-boarding of passengers/loading & unloading of cargo, bank protection, navigation aids and other auxiliary support systems. In order to increase the last mile connectivity, approach road to terminals connecting nearby main roads will also be undertaken very soon. The terminal components (comprising of fixed and modular floating structures) are designed in such a way that modularization of design elements is feasible & these customizable design models can be used and developed for future infrastructural interventions. The upcoming three terminal design options are developed considering following options as per the possibility of annual siltation and Pneumatic Ramps with 1.Fixed berthing line and Floating ramp design 2. Varying berthing line and Floating ramp design 3. Moving Berthing line and Fixed ramp design; The terminal development will be developed following EPC (Engineering, Procurement Construction) /DBB (Design Bid Build)/ BOQ contract basis process of construction) Page 145 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 14-1 : PIA of LachitGhat –Google Earth maps The impact of construction sites of these Ghats in the PIA tends to attract more attention, due to their importance to the passengers using the water transportfor various purposes including economic activities taking place in the villages. Typical negative impacts during construction works include shifting of theGhat to an adjacent site for continuing the transport services during the construction phase. This will not be a problem in any of these three priority Ghats as the adjacent areas can be used as alternative Ghats. Some traffic facilitation and provisionforparking etc need to be arranged. Sufficient alternatives are available in all the 3 locations. Figure 14-2 : PIA Map-North Guwahati Page 146 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Figure 14-3 : Aphalamugh PIA (source- Google earth Map) 14.1. Provisions for Labourers in the Construction phase The construction sites will be established by the contractor which needs to comply with all applicable National laws. Accordingly, specific recommendations are being made for the construction camp workers. During the project implementation phase, labour, health and safety are some of the major areas where risks may emerge and mitigation measures have to be planned. The construction contractor is responsible for providing temporary residential accommodation and other necessary infrastructure facilities as per the Building and Other Construction Workers (regulation of employment and conditions of service) act, 1996. Women may participate as unskilled laborers during construction and steps maybe taken to ensure their health and safety. The construction contractor is responsible for hiring their labour force who may or may not be locally sourced. Thus, an influx of male and female migrant workers and their families is anticipated. Foreseeing the involvement of women both directly and indirectly in the construction activities, certain measures are required to be taken towards welfare of labourers in general and well-being of women and children in particular during the construction phase, as discussed in chapter11. The construction phase is expected to be completed by 18months.During this phase no significant negative impacts are , other than those discussed above are expected to impact the users Page 147 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Chapter 15 .Conclusions and Recommendations This Project viz ‟Assam Inland Water Transport Project‟ is the outcome of Government of Assam‟s decision to transform the quality of inland water transport services, with the support of World Bank . This is categorised as an „A „category project and this SIA and Resettlement Action Plan cum indigenous people Development Plan (RAP &IPDP) is prepared to predict, assess and analyse the possible positive and negative social safeguard impacts anticipated during the construction and operation of the three priority locations. Such predictions will help in proposing possible mitigation measures for negative impacts identifiedin terms of their social, economic and cultural status. In the 1st phase of implementation, three Ghats vizLachitGhat and North GuwahatiGhat in Guwahati Division and AphalamughGhat in Dibrugarah Division were selectedand this Study is based on them. As per the DPR, most of the construction works are limited to the river area, but some land in the riverside is also required for approach road, parking etc. There is enough Government land available in the River banks,but some commercial squatters occupies the land and need to be shifted during construction phase. But they will be given advance notice to vacate and will be compensated for the loss of structures and loss of livelihood as per the entitlement matrix, prepared in line with the World Bank OP 4.12 and RFCTLARR 2013 and Assam LARR Rule 2015. The Compensation package to squatters includes - replacement cost of structures, shifting allowance, and Livelihood loss/restoration compensation, additional R&R allowances for SC/ST and training allowance/supports. The Compensation package to squatters includes - replacement cost of structures, shifting allowance, and Livelihood loss/restoration compensation, additional R&R allowances for SC/ST and training allowance/supports. There are 13 such commercial squatters running small tea shops / pan shops in temporary sheds and kiosks, identified to be shifted to adjacent places. Some Common Property Resources such as a water kiosk, parking area and a ticket counter etc will be impacted in LachitGhat area, which can allowed to continue or shifted to the other side of the same compound, as per the technical design proposed for the Ghat. Vulnerable categories occupying the project area and are eligible for compensations as per World Bank norms, which is one time compensation of INR 50000/-per family. But there are no such families occupying within the project area of these 3 priority Ghats. Skill training/Skill up gradation trainings based on the TNA exercises will be organised in the PIA, for increasing the skills of members of the affected families to engage in meaningful livelihood, with the support of NGOs implementing the RAP. Women in the PAF will get special supports for such training. A Project Management Unit (PMU) will be established within AIWTDS and the Divisional offices will be strengthened as Project Implementation units. Adding an E.&S Cell for coordinating the field level activities related to the implementation of the SMP/RAP cum IPDP, with the assistance from a supporting NGO, deployed for the purpose. Several Social safeguard measures were incorporated in to this project and following steps will be ensured; Page 148 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan  To minimize the risks and improve effective and inclusive engagement with the project affected parties and facilitate appropriate and timely sharing of project information with the stakeholders, Community Consultations will be done throughout the project life cycle.  All complaints related to the Project will be addressed effectively through multiple grievance uptake channels setup in Grievance Redress mechanism (GRM). There will be specific procedures for Gender Based Violence (GBV) and Indigenous people‟s issues.  IWT will be a ”Gender sensitive water transport system” ,ensuring a very strong Gender Action Plan to address various gender issues such as : Women& children /aged/ disabled friendly designs for seating, storing items, wash rooms, approach bridges ,waiting area ,lighting, surveillance cameras etc in the Ghats and ferry services. Boat crew will be given gender sensitization training and safety training. If required, Women special boat services will be considered on demand. Steps will be taken to limit overcrowding, put display boards to improve awareness of women rights and GRM, ensure By-stander vigilance to enhance the safety of the travel environment. Use regulatory powers to check quality improvement and monitoring of vessels-both public and private through regular checking and reporting by checking inspectors as well as through social auditing. Women and other vulnerable groups, whose livelihood is affected, will be given skill development training, including cost of training and financial assistance for travel/conveyance and food. Women will be provided equal opportunities in project work sites and compliance with various labour welfare legislations which mandate the contractor to provide facilities encouraging women to join the workforce, such as those pertaining to creches, working conditions and remuneration etc will be ensured.  World Bank‟s safeguard policy statement for indigenous People, ensures a process of free, prior, and informed consultation with the affected Indigenous Peoples to (a) avoid potentially adverse effects on the Indigenous Peoples‟ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. It also ensures that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerational inclusive. Some of the special privileges ensured in the design includes the following: Organize consultation with STs to inform about the project activities and benefits ( eg in Majuly islands). Employment to members from tribal community in carrying out actual construction work. Employment generation for ST in related sub project activities Employment generation for ST in related sub project activities. Help build linkages with major government schemes for skill enhancement and improvement of ferry services (Jibondinga scheme. Including a member of the ADC in the sixth schedule area in the GRC, to address R&R and land related disputes etc  The SIA revealed the ignorance of local workers about labour welfare laws and Labour unions are not reported from any of these villages, except in one place. The contractor needs to comply with all applicable labour laws and ensure all welfare measures to ensure well-being of labourers especially women. Prevalence of Sexually transmitted diseases and AIDS will be prevented through awareness camps for persons, both in and around the construction camps.  All safeguard measures to manage the risks of Labour Influx management will also be ensured by the Divisional E&S Cell, with the support of NGOs. Page 149 of 150 Assam Inland Water Transport Project, Social Impact Assessment, 2019 Social Management Plan &Resettlement Action Plan Recommendations: Stakeholder Consultations with the community, does not raise much resentments against the Project as it is beneficial to all of them .In fact all of them welcome the project. Even the negatively impacted PAPs welcome the project in spite of the negative impact on their livelihood which they recognise to be only temporary during the construction phase and the compensation packages offered are sufficient to cut across the difficulties.. In fact when the Ghats and ferry service improve, there will be all round development in the society around, leading to better chances to improve their livelihood pursuits. The Social safeguards envisaged in the Project are sufficient enough to safeguard the interest of all concerned and t the implementing agency need to take utmost care to implement the same, carefully .Timely review and monitoring by the authorities concerned will help to ensure this. Further expansion of the Project to cover other Ghats and provide improved services to all the people in Assam will be a long term motto of the AIWTDS mobilising resources from appropriate channels. The new institutional framework developed as part of this project is wide enough to accommodate addition of all Ghats in a time bound manner. Assam being a land of landscaping beauty and riverine stretch criss-crossing the State provides immense opportunities for Tourism development which need to be explored. The project is opening new vistas of development for the Stateproviding several livelihood opportunities for their men and women, if appropriately tuned. The Project framework provides several convergent actions to facilitate gender development and Area development in general, if used appropriately .AIWTDS with a vision and mission will be able to take this forward. Page 150 of 150