Rajasthan Roads Sector Modernisation Project

Resettlement Policy and Framework (RP&F)

Public Works Department Government of Rajasthan

August, 2013

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

CONTENTS

Sl. Title Page No N~

1 Introduction 2

2 RR~M Project Objective 2

3 Component A: Road Network Quality and Connectivity Improvement 2

4 Component B: Road Sector Modernization and Performance Enhancement 2

5 Component C: Road Safety Management 2

6 Key Social Issues 4

7 Objectives and Scope of Resettlement Policy Framework, RRSMP 5

8 Revision/Modification of the RPF 5

9 Definitions 6

10 Resettlement & Rehabilitation Guidelines 7

11 Applicable Goi and World Bank requirements 8

12 Entitlement Matrix for RRSMP 10

13 Methods for Assessment of Replacement Cost 16

14 Census and Socio-Economic Surveys 16

15 Preparation of SIA and Resettlement Action Plan 17

16 Preparation of Micro Plan 17

17 Public Consultation and Disclosure 18

18 Income Restoration Measures 19

19 Preparation of Tribal Development Plan 19

20 Arrangements for R&R Implementation 20

21 Environmental and Social Management Unit (ESMU) 20

22 Roles and Responsibilities of EE at State Level: 20

23 Roles and Responsibilities of Divisional Offices at District Level: 20

24 Roles and responsibilities of Social Specialist at State Level 20

25 Role of Revenue Department 21

26 Implementation Support by NGO 21

27 Grievance Redress Mechanism 22

28 Resettlement Budget 22

Page 1 of 23

Resettlement Policy and Framework (RPF) Rajasthan Roads Sector Modernisation Project (RRSMP)

Introduction

1. The Public Works Department (PWD) on behalf of the Government of Rajasthan is preparing the Rajasthan Roads Sector Modernisation Project (RRSMP). The project involves strengthening and widening of the existing two lane stretches of SHs/MDRs and upgradation of existing rural roads built under MNERGA. The Resettlement Policy and Framework (RP&F) is applicable for SH/MDRs and prepared in accordance with the National Policies and State Policies and World Bank O.P. 4.12 and OP 4.10. This Policy and Framework document describes the principles and approach to be followed in minimizing and mitigating adverse socio-economic impacts caused by construction of SH/MDRs under the project. For Rural Roads under the Project, the Environmental and Social Management Framework (ESMF) of PMGSY RRP II, which has been under implementation in state Rajasthan, has been adopted. PMGSY RRP II is a World Bank assisted rural roads project presently under implementation by NRRDA, Government of India (Go I) in seven states including State Raj as than.

RRSM Project Objective and Description

2. The Project Development Objective is to support the Public Works Department, Rajasthan in improving the quality, connectivity, and management of its road network, and to strengthen road safety management capacity in the state. The above objective will be achieved through implementing the following components: (a) Rural Connectivity Improvement, (b) State Highway Network Quality Improvement, (c) Road Sector Modernization and Performance Enhancement, and (d) Road Safety Management. The components are described below:

3. Component A: Rural Connectivity Improvement: This component would support construction of about 2500 km rural roads to provide connectivity to about 1,300 villages with population between 250 and 499 in the areas of the state not covered by PMGSY and introduce good practices of cost effective low volume technologies. The roads will predominantly be built to a bitumen surface standard and will include all necessary bridges and cross drainage works to maintain year round connectivity.

4. Component B: State Highway Network Quality Improvement: This component would support the upgrading of about 130 km section of State Highway No. 2 (SH-2) (Dausa-Chaksu­Dudu) selected by the state as part of the core road network. The road will generally be upgraded to two-lane standard within the existing right-of-way.

5. Component C: Road Sector Modernization and Performance Enhancement: This component will support implementation of a Road Sector Modernization Plan (RSMP) in the following key areas:

• Improved policy framework: strengthening of existing road sector policies and strategies including a robust financing framework for both road construction and maintenance, strengthening of policy framework for PPP and participation of local governments in managing road access to small communities.

• Modernization of Engineering Practices and Business Procedures: including introduction of modern project preparation and management practices, design and construction

Page 2 of 23

standards, new technologies specifically to promote cost-effective road construction rf'or low trafficked roads , improved procurement procedures, and a PWD-wide procurement and contract management manual.

• Sustainable Asset Management: modifYing and putting to use the current MMS into a simple asset management system to prepare prioritized plans for both construction and maintenance of state roads using rational criteria for investment decisions; introduction of area-wide maintenance contract system and other forms of maintenance contracting.

• Institutional and Human Resource Development: Strengthening of PWD institutional structure, building of staff capacities to keep them abreast with latest road industry practices, and computerization of PWD offices; and

• Enhancing Governance & Accountability in PWD.

6. Component D: Road Safety Management: This component will support the strengthening of road safety management systems in Rajasthan with the objective of reducing the number of fatalities and serious injuries from traffic accidents in the state. This will be accomplished through establishing and implementing a multi-sector Road Safety Strategy on two/three selected demonstration corridors, support to the state on related policy reviews, capacity building of PWD and other agencies in road safety engineering and integration of road safety into asset and project management, establishing a crash data collection, analysis, and management system, and road safety education and awareness programs. The main activities that would be supported under this component are:

7. Safe Corridor Demonstration Program: Based on data provided by the State Police, suggestions by the PWD and the Transport Department and field visits, three high-risk, high-volume corridors have been identified for piloting and evaluating best practice safety interventions designed to achieve rapid improvements in road safety performance:

• Abu Road to Mount Abu Road (Major District Road 60)

• Section of Sirohi-Reodar-Mandar Road (State Highway 27)

• Section ofKishangarh-Makrana Road (State Highway 7)

8. These corridors will focus on targeted infrastructure design and user behavioral interventions with a particular emphasis on improving the safety of pedestrians, bicyclists and motorized two-wheelers through a range of engineering, enforcement, education, health care and community awareness measures. The project will support procurement of related goods, civil works and consultancy services and implementation of a multi-year result focused safety action plan.

9. State Policy Reviews: This sub-component will provide technical assistance support on two-three proposed State policy reviews. Current policies will be benchmarked with international best practice to identify and evaluate options and make recommendations for improvements. Suggested policy reviews (from the Road Safety Management Capacity Review) are:

• Driver and rider licensing arrangements including license testing

• Safe heavy vehicle operation

• Crash investigation training for Police

• Development of a Manual of road infrastructure safety principles and good practice (incorporating safe system principles), and associated training for the Public Works Department

• Developing/enhancing University based road safety research capacity in Rajasthan

• Review of penalties for offences

Page 3 of 23

:ll 0. Capacity Building: Road safety knowledge requires urgent development and augmentation within PWD and the Road Safety Cell in the Transport Department. This sub-component will

d support a mix of measures including ongoing and periodic technical assistance, focused externally provided training on specific issues and study tours to other States. It will also support knowledge development in the other stakeholder departments, once they develop their own road safety cells.

Key Social Issues

11. Social issues relating to the Project would arise by construction of roads under the Project. The proposed Project involve construction of rural roads by strengthening existing earth/gravel roads and improvement/rehabilitation of State Highways mostly within the existing right-of-way. The additional land requirements would be mostly in isolated locations needing geometric improvements. Thus the potential adverse social impacts of the proposed project are likely to be low.

12. Social screening survey and initial impact assessment was conducted for SH 2 (Phase I road Dausa - Chaksu - Dudu Sambhar road) candidate road by the DPR consultants. SH 2 road has been proposed for widening and strengthening of about 130 kms. Right of Way (RoW) details were collected from the concerned authorities (State PWD) and were verified with revenue records. An assessment of the SH 2 road indicates there is no land acquisition required but there would be an effect on encroachers and squatters. There is no complete displacement of properties. A total of 245 residential and commercial structures located on public land would be affected partially. About 39 CPRs, consisting religious places, government buildings, etc would also be affected partially. There are about 22 kiosks which can be moved/pushed backwards as sufficient widths are available on the rear side. The analysis indicates the impacts are minimal and not significant in nature. As they all will be continuing on the same road with partial losses of structures, would benefit from the road improvements in terms of better access, safety and improved drainage facilities. In summary, the following are the likely impacts:

• Loss of structures partially used for residential, commercial and other purposes; • Loss of other properties and assets such as boundary walls, hand pumps, bore

wells, dug wells, ponds etc.; • Disruption of livelihood due to clearing of RoW particularly, petty shop owners,

squatters and encroachers; • Loss of common property resources such as religious places, Samadhi, graveyard,

cremation places, water resources, village gates, passenger shelters, etc; • Likelihood of increased accidents due to road widening; • Likelihood of spread of HIV I AIDS among construction workers and road side

community. • Initial impact assessment also analysed the overall socio-economic characteristics

of likely project affected persons of the candidate road (SH 2). It has been observed that the people most likely to be affected by the project belong to general category; and poor and other vulnerable groups constitute less in number. Main sources of income include agriculture and small business enterprise. Literacy rate in the project road is around 87% which is more than the state and India average rate.

Page 4 of 23

13. Though the impacts are minimal for the proposed State Highway road, the provisiqns provided in the RP&F are comprehensive and attempted to address impacts (such as land acquisition, etc) those relate general road improvement project and to guide the state to purs"ue these provisions for future projects.

Objectives and Scope of Resettlement Policy Framework, RRSMP

14. This Framework has been formulated to lay down the principles and procedures for management of social impacts caused by construction of SHs under the project and to guide the PWD for future projects. This Framework shall apply to all project roads of SHs under RRSMP whether partly or fully funded by the World Bank during the entire period of loan assistance. Overall objective of this Framework is based on the following principles:

• Take due precautions to minimize disturbance to human habitations, tribal areas and places of cultural significance.

• Ensure that the Project Affected Persons (PAPs) are not negatively affected by the project.

• Involve affected people from inception stage to operation and maintenance. • Consult affected people in issues of ROWs, land acquisition or loss of livelihood • Encourage consultation with communities in identifying environmental and social

implications ofprojects. • Pay special attention to marginalized and vulnerable groups and secure their

inclusion in overall public participation. • Provide compensation and assistance to PAPs prior to any displacement or stmi of

civil works. • Guarantee entitlements and compensation to affected people as per the R&R policy

as established in this document. This would ensure compensation and assistance sufficient to improve or at least restore livelihoods to levels experienced before the project.

• Share information with local communities about environmental and social implications.

• Broad community support is ascertained based on free, prior and informed consultation.

15. Revision/Modification of the RPF: This RPF will be an "up-to-date" or a "live document" enabling revision, when and where necessary. Unexpected situations and/or changes in the project or sub-component design would therefore be assessed and appropriate management measures will be incorporated by updating the Resettlement Policy Framework to meet the requirements of country's legislations and Bank safeguards policies. Also, based on the experience of application and implementation of this framework, the provisions and procedures would be updated, as appropriate in consultation with the World Bank and the implementing agencies/departments.

Page 5 of 23

~Definitions

"16. Following definitions that will be applicable unless otherwise stated specifically.

• Project Affected Person: Affected persons are those who stand to lose all or part of their physical and non physical assets including homes, productive land, community resources, commercial properties; livelihood; and socio-cultural network.

• Project Displaced Person: A displaced person is a person who is compelled to change his/her place of residence and/ or work place or place of business, due to the project.

• Family: A "Family" shall mean karta, spouse (Husband/Wife), and all dependents, including minor children. Every divorced, widowed, or separated daughter living separately or with the family on or before the cut-off-date will be treated as separate family.

• Encroacher: A person who has extended their building, agricultural lands, business premises or work places into public/government land without authority.

• Squatter: A person who has settled on public/government land, land belonging to institutions, trust, etc and or someone else's land illegally for residential, business and or other purposes and/or has been occupying land and building/asset without authority.

• Vulnerable Person: Unless otherwise specifically mentioned in this document, a person who has designed under 'Below Poverty Line' category as identified by the concerned State Government, level will be considered a vulnerable person. Disadvantaged persons belonging to SC, ST, disabled, handicapped, orphans, and woman heading the household are also recognized as vulnerable persons. Vulnerable groups would also include those farmers who (after acquisition of land) become small/marginal farmers and also qualify for inclusion in BPL. For such cases, total land holding of the landowner in that particular revenue village will be considered in which land has been acquired;

• Titleholder: Affected persons/families who has legal title to land, structures and other assets in the affected zone.

• Non-titleholder: Affected persons/families/ households with no legal title to the land, structures and other assets adversely affected by the project. Non-titleholders include encroachers, squatters, etc.

• Kiosk: A kiosk is a booth/stall/cabin/cubicle made of wood or iron or any other building material which could be shifted to another location as a single unit without much damage and is used for carrying out petty business/ commercial activities and has been in operation/existence prior to cut off date.

• Below poverty line (BPL) or BPL family: means below poverty line families as defined by the Planning Commission of India, from time to time and those included in the BPL list for the time-being in force.

• Replacement cost: A replacement cost/value of any land or other asset is the cost/value equivalent to or sufficient to replace/purchase the same land or other asset.

Page 6 of 23

• Cut-off date: In the cases of land acquisition affecting legal titleholders, the cut-off date would be the date of issuing the notice u/s 4 (A) the LA Act, 1894. In cases where peogle lack title, the cut-.off- date shall be the date of start of the Census survey undertaken by the project authority in that road section/stretch.

Resettlement & Rehabilitation Guidelines

17. The resettlement and rehabilitation principles adopted for this project will provide compensation, resettlement and rehabilitation assistance to all project affected persons (loss of land, residences, business establishments and other such immovable properties), including the informal dwellers I squatters in the corridor of impact (COl). The basic resettlement principles and guidelines include :

• Where land acquisition is required, it will be carried out according to the Land Acquisition Act (LA Act), 1894 and in a way to minimize the adverse impacts and to avoid displacement as much as possible.

• Cash compensation for the land, at market value, to households affected by the loss of acquired land will be paid by the competent authority appointed under LA Act. Assistance will be provided to meet the replacement value, over and above the compensation amount. The replacement cost will be calculated as per the PWD BSR rates, without depreciation.

• Non-titleholder (squatters and vulnerable encroachers) will be provided replacement cost of their structures.

• Provision for relocation of the SBEs (Small Business Enterprises) in the form of vendor market as well as assisting restoration of businesses and local economies.

• Provision for multiple options for resettlement (self-relocation or assisted relocation) of the affected residential structures, including informal dwellers/squatters.

• Shifting assistance to the owners of residential structures and informal dwellers I squatter households and titleholders for shifting of household goods and assets.

• Special measures and assistance for vulnerable groups e.g., female- headed household and disabled persons etc.

• PAPs will be meaningfully consulted and will have opportunities to participate in planning and implementing resettlement programs.

• Appropriate grievance redress mechanism (in form of Grievance Redress Committee at District level) will be established at the district level to ensure speedy resolution of disputes, if any.

• All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.

• Before taking possession of the acquired lands, the compensation will be paid to the project affected within three months from the date of award.

• Provisions will be kept in the budget for those who were not present at the time of enumeration. However, anyone moving into the project area after the cut-off date will not be entitled to assistance.

• The Resettlement Plan will include a fully itemized budget and an implementation schedule.

Page 7 of 23

Applicable Gol and World Bank requirements

J 8. Applicable acts, notifications, and policies relevant in the context of the project are discussed below.

Sl. No.

2

3

4

5

6

Acts, notifications and policies

Land Acquisition Act, 1894

National Rehabilitation and Resettlement Policy (NRRP), 2007

Rajasthan Urban Sector Development Investment Program­Road Widening and Upgradation sub project (ADB funded) KSHIP

Orissa Resettlement and Rehabilitation Policy, 2006

Bihar Land Acquisition Resettlement and Rehabilitation Policy, 2007 (BLARRP-2007)

Relevance to this project

Land required for the project shall be acquired as per the provisions of this act. Provides limited benefits to affected family (an ex-gratia payment of not less than Rs. 20,000/- and in case land-holder becoming landless or small or marginal farmer in such cases other rehabilitation benefits as applicable).

This project which is in force presently provides provisions to mitigate adverse impacts to both title and non title holders.

In KSHIP I, two methods were followed for land acquisition (i) land acquisition under LA Act 1894 and (ii) consent award, where compensation is paid through negotiation.

Drawing upon the past experiences under KSHIP I, in KSHIP II land acquisition was done under the Karnataka Highways Act (KHA), 1964. Good practices of other states and provisions of NRRP 2007 were also considered for KSHIP II. It provides for replacement cost of land through negotiations as per KHA and other transitional support. This policy is applicable to all projects for which acquisition of private land under Land Acquisition Act, 1894 or under any other laws for the time being in force or proclamation inviting objections in case of Government land is notified.

Government has decided to fix the cost of the land to be acquired after adding 50% of registration cost of similar type

Page 8 of 23

Applicability

Applicable to all sub­projects.

Applicable

Applicable to sub projects being implemented in Rajasthan under the project.

Applicable specifically to sub-projects in Karnataka.

Applicable sub-projects in the State of Orissa.

Applicable specifically to sub-projects in the State of Bihar.

Sl. No.

7

8

9

10

Acts, notifications and policies

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

World Bank OP 4.12-

Involuntary Resettlement

OP 4.10- Indigenous Peoples

Relevance to this project

of land. The land shall be acquired after paying 30% solatium on the rates as fixed above, but wherever the land owner agrees to give his land voluntarily in that case the solatium to be paid shall be 60%.

One of the important provisions of this act states "the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas.

This law provides for recognition of forest rights to Scheduled Tribes in occupation of the forest land prior to 13.12.2005 and to other traditional forest dwellers who are in occupation of the forest land for at least 3 generations i.e. 75 years, up to maximum of 4 hectares. These rights are heritable but not alienable or transferable. The project entails land

acquisition though, at a low scale for widening, realignments, junction improvements, bypasses etc. It would also adversely affect structures used for various purposes, livelihood of people (mainly earning their livelihood by means of petty shops and providing various services). Many of them have been operating from the government land. Thus both title holders and non-title holders alike would be affected as a consequence of the project.

It has been found that Indigenous/ Tribal people would also be affected in some of the sub-projects whereas in some other sub-projects though tribal people would not be directly

Page 9 of 23

Applicability v

Applicable to "Scheduled Areas" specifically to sub­projects in Orissa and Rajasthan.

Applicable specifically to sub-projects in Orissa, Rajasthan, and Karnataka.

Applicable to all sub­projects.

Applicable specifically to sub-projects in Orissa and Rajasthan.

SI. No.

11

12

Acts, notifications and policies

The Right to Information Act, 2005

Environmental protection Act, 1986 and subsequent amendments

Entitlement Matrix for RRSMP

Relevance to this project

affected but are within the immediate influence zone of the sub-projects. The Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The Act provides for mandatory public consultation for all listed projects and activities requiring prior Environmental Clearance (EC) and includes road and highways requiring further land acquisition. The Public Consultation shall ordinarily have two components comprising of:- (a) a public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed, for ascertaining concerns of local affected persons; (b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity.

Applicability

Applicable to the project.

Applicable to all sub projects requiring prior EC clearance

19. Under this Resettlement and Rehabilitation Policy adopted for the project, several categories of project affected persons are recognised with varying eligibility for the compensation and assistance packages in the entitlement matrix below. This entitlement matrix has been developed in accordance with the basic principles and guidelines adopted in the RPF and analysis of initial identification of project impacts.

Page 10 of 23

Entitlement Matrix for RRSMP ,----,-----------.--------~~~~~~~~~~~~~------------------0

Sl. Impact Unit of Entitlements Details No. Type Entitlement

A. Titleholder- Loss of Private Agriculture, Homestead and Commercial Land 1 Titleholder Affected Compensation Cash compensation for the

with valid titleholder family at land at replacement cost, title, families replacement which will be determined as with cost, mentioned in paras 20-24. traditional Resettlement Option of land for land, if land rights and available, for SCs, STs, and Rehabilitation marginal and small farmers assignees as applicable and those who become

Page 11 of 23

landless b) If the compensation amount determined by the Competent Authority IS less than the replacement cost mentioned in paras 20-24, the difference amount will be paid as replacement assistance. d)If as a result of land acquisition, the land holder becomes landless or is reduced to the status of a "small" or "marginal" farmer, rehabilitation allowance equivalent to 750 days of mm1mum agricultural wages would also be given. (para 7.14, NRRP-2007). e )If the residual land is not economically viable, then the Project Authority will buy the residual land for the project following the entitlements listed in the entitlement matrix; or will pay the project affected person 25% of the base cost of land as hardship compensation for that portion of land (residual) without its acquisition. f) In case of allotment of land, one time financial assistance of minimum Rs. 15000/- per hectare for land development. (para 7.9.1 ofNRRP-2007) g) Refund of stamp duty and registration charges incurred for replacement land

'Sl. No.

Impact Type

Unit of Entitlement

Entitlements Details

to be paid by the project; replacement land must be bought within a year from the date of payment of compensation to project affected persons. h) Training assistance upto the value of Rs 5000 for any one adult member of the family losing agricultural land for income generation in opted areas

B. Titleholder - Loss of Private Structures (Residential/Commercial/Residential cum commercial)

2 Titleholder with valid title, and assignees losing private structures

Affected Titleholder Family

Compensation at replacement rate, Resettlement & Rehabilitation Assistance

Page 12 of 23

Common for residential, commercial and residential cum commercial

Compensation at current PWD scheduled rates without depreciation. In case of partially affected structures and the remaining structure continues to be viable additional 25% of compensation amount as restoration grant. In case of partial impact, if the residual structure is rendered structurally unviable or unsafe the entire structure to be considered affected and compensated accordingly. Each affected family getting displaced shall get a one-time financial assistance of Rs 10,000 as shifting allowance (para 7.10 NRRP 2007). Each affected family that is displaced and has cattle, shall get financial assistance of Rs 15,000/- for construction of cattle shed (para 7.10 NRRP 2007). Each affected vulnerable family getting displaced shall get House Construction assistance ofRs. 10,000. Right to salvage material from the demolished structures.

Sl. No.

Impact Type

Unit of Entitlement

3 Tenants/lease Tenants/leasehol holders ders

C. Loss of Trees and Crops

4 Standing Owners and Trees, Crops

beneficiaries (Registered/ Un­registered tenants, contract cultivators, leaseholders &

Entitlements

Resettlement & Rehabilitation Assistance

Compensation at market value

Page 13 of 23

Details

Three months' notice to vacate, structures.

Only for commercial structures·

Monthly subsistence/transitional allowance equivalent to twenty-five days minimum agricultural wages per month for a period of one year from the date of displacement (para 7.16 ofNRRP-2007). Training assistance upto the value of Rs 5000 for any one adult member of the family for income generation in opted areas

Additional support for residential cum commercial structures

Each affected family that is displaced, shall get one time financial assistance Rs 25000

In case of tenants, three months written notice will be. provided along with Rs 10,000 towards shifting allowance (NRRP 7.11). In case three months' notice to vacate structures is not provided, then three months' rental allowance will be provided m lieu of notice. Rental allowance of Rs 1500 in case of rural areas and Rs 2000 in case of urban areas.

Advance four months notice to harvest fruits, standing crops and removal of trees. Crop/tree compensation as the concerned departments.

damage assessed by Government

SI. No.

Impact Type

Unit of Entitlement sharecroppers)

Entitlements Details

Registered tenants, contract cultivators & leaseholders & sharecroppers will be eligible for compensation for trees and crops as per the agreement document between the owner and the beneficiaries.

d)Un-registered tenants, contract cultivators, leaseholders & sharecroppers will be eligible for compensation for trees and crops as per mutual understanding between the owner and the beneficiaries.

D. Non Titleholders- Loss of Residential/ Commercial Structures 5 Non Owners of Resettlement

titleholders - Structures or & structures on Occupants of Rehabilitation Government structures Assistance land identified as per

Project Census Survey

Page 14 of 23

Replacement cost for affected structure at current PWD schedule rates without depreciation for squatters and vulnerable encroachers.

Right to salvage material from the demolished structures.

Four months' notice to vacate structures.

Resettlement and Rehabilitation assistance to the displaced residential and commercial squatters:

Shifting allowance of Rs 10,000 per family for residential and commercial squatters (para 7.11 NRRP 2007). Monthly subsistence/transitional allowance equivalent to twenty-five days minimum agricultural wages per month for a period of six months from the date of displacement

Sl. No.

Impact Type

Unit of Entitlement

Entitlements Details

(para 7.16 of NRRP-2007) to, the commercial squatters. Training assistance upto the value of Rs 5000 for any one adult member of the commercial squatter family for income generation in opted areas.

E. Additional Assistance to Vulnerable Families

Scheduled Affected Family Resettlement 6 lli~ &

families, physically challenged and widows

Rehabilitation Assistance

Additional one time financial assistance equivalent to two hundred days of minimum agricultural wages (para 7.21.5 NRRP 2007).

F. Loss of Community Infrastructure/Common Property Resources

Structures & Affected Reconstruction Reconstruction of community 7 other communities and of community structure and Common

resources Groups structure and property resources in (e.g. land, common consultation with the water, property community. access to Resources Transfer to local authorities for structures maintenance etc.) within the Corridor of Impact (Col)

G. Temporary Impact During Construction 8 Land & Owners of land Compensation

assets & for temporary temporarily Assets impact during impacted construction during e.g. diversion construction of normal

traffic, damage to adjacent parcel of land I assets due to movement of heavy machinery and plant site.

9 Unidentified impacts

Unforeseen impacts shall be

Page 15 of 23

Compensation to be paid by the contractor for loss of assets, crops and any other damage as per prior agreement between the 'Contractor' and the 'Affected Party'.

0

Sl. Impact Unit of Entitlements Details No. Type Entitlement

documented and mitigated based on the principles provided in this policy

Methods for Assessment of Replacement Cost

20. The methods for assessment of replacement cost and determination of compensation for loss of land, structure, and other assets are discussed in the notes provided below:

21. Compensation would be determined by Competent Authority:

b) Or

(i) Calculate the base cost by adding 50% of the latest guideline value/circle rate for the indented use of the land;

(ii) Add 60% solatium to the base cost of land.

22. Engage/Hire an Independent Valuer registered with Government, who can assist to assess the replacement cost of land as follows and provide inputs to the competent authority by:

c) Or

(i) Appraising recent sales and transfer of title deeds and registration certificates for similar type of land in the village or urban area and vicinity

(ii) Appraising circle rate in urban and rural areas of the district (iii) Appraising agricultural productivity rate for land- 20 years

yield.

23. Compensation as per the state approved procedure.

24. Replacement cost of land shall be the highest of the above three options.

Census and Socio-Economic Surveys

25. For a good resettlement planning, implementation and monitoring it is important to collect quality census and baseline socio-economic data of PAPs. For this purpose, census and socio­economic surveys shall be conducted using structured questionnaire during the project preparation. These surveys shall be commenced after finalization of alignment. Broad information that would be collected through this census and socio-economic survey includes; details of family

Page 16 of 23

members, religion, social category, sources of income, occupation, land holdings, ownership 'and type of structures, property and assets owned, livestock size, details of losses of assets to the project, etc. These surveys shall be designed to ensure that only genuine persons are classified as project affected and the scope for frauds/ misrepresentations and opportunistic attempts to seek assistance is negated. The extent of impact on Common Property Resources shall be covered during these surveys.

Preparation of SIA and Resettlement Action Plan

26. All candidate roads shall go through social screening and initial impact assessment as part of feasibility study. For the candidate roads found feasible, detailed Social Impact assessment (SIA) shall be carried out for all sub-projects to assess the likely adverse impact and key social issues at the sub-project level. Subsequently, Resettlement Action Plan shall be prepared to address the adverse impacts and key social issues. SIA and RAPs will be prepared irrespective of number of person affected and disclosed to the public. The EIA clearance package from MoEF shall include the SIA and RAPs for all the candidate roads subject to Environment clearance. The SIA and RAPs will also be provided to Bank for review and clearance for each candidate road to be considered eligible for bank financing.

27. For all candidate roads triggering involuntary resettlement a Resettlement Action plan shall be prepared.

28. For all candidate roads which pass through Tribal inhabited areas and potential adverse impact is identified during detailed social impact assessment a Tribal Development Plan shall be prepared.

29. All Social impact assessment reports shall identify potential issues of exclusion by Tribe, caste, gender, and poverty and address the same in RAPs through Tribal Development Plan and gender and social inclusion plans. The PWD shall eensure that identity cards are prepared and handed over to all the PAPs as soon as the survey and assessment stages are over.

Preparation of Micro Plan

30. Micro plans shall be prepared for all the project affected individuals and common property resources based on the extent of impacts and the project entitlement Framework. The micro plan shall contain information on extent of loss under each category of loss, category of affected and due entitlements as per the eligibility criteria.

31. The micro plan will be prepared by the concern field offices with the assistance of the NGO and submitted to Project Authority for approval. The Project Authority with or without involvement of the District Collector Office as applicable will approve the micro plan for disbursement of assistance to entitled persons. The assistance will be disbursed by cheque or by direct transfer to PAPs bank account. For non-titleholders however, the replacement amount of structures and other properties affected shall be worked out by the NGO. Any grievance reported by the PAPs regarding their eligibility, replacement cost of affected assets and any other

Page 17 of 23

entitlements shall be addressed through the Grievance Redressal Committee. The structure and process of these committees is provided under section on Institutional arrangements.

Public Consultation and Disclosure

32. Individuals and group consultations shall be carried out as part of the SIA, RAP preparation to understand the needs and concerns of PAPs with regard to various issues such as project impacts, alternative design options, compensation, assistance, resettlement options, value addition to the project etc. Consultations shall be carried out with respective groups of affected population including women groups, STs, farmers and agricultural labourers, etc. Consultation with the community for affected cultural properties shall be carried out to inform them about the details of the nature of impact (no impact, partial or full) and to obtain their response and views on mitigation measures. All the participants shall be informed in advance about the date, venue and time of the consultation and their presence to be noted in the form of an attendance sheet. Documentation of details of all public meetings held with people and other stakeholders including government officials shall be carried out. The documentation of these consultations shall be appended to the RAP. In the event of public announcements being made, the details I notices of such announcements including a copy of the text of such announcements shall also be included in the documents.

33. The objective of the consultations during implementation is to (i) understand the view of the affected persons on rehabilitation and resettlement issues; and (ii) make the resettlement and rehabilitation process transparent.

34. The process and proceedings of such consultations shall be documented and PIU respond to the issues raised during the consultations. This will help finalize agreement on the various entitlements provided in the entitlement framework.

35. Through the consultations and disclosure the RRSMP intends to enhance transparency in decision making process during implementation phase, including those for procurement, financial management, social and environmental safeguards, and to comply with all legal requirements under Right to Information Act, 2005.

36. In order to make the RAP implementation process transparent, a series of public disclosure meetings will be arranged. The RAP Executive Summary, translated in local language will be disclosed through public consultations and will also be made available through Rajasthan PWD website. The following project specific information related to social safeguards will be disclosed on the website.

• Approved RP&F including entitlement matrix; • Approved resettlement action plan; • Village-wise area of government and private land to be acquired; • Cultural and religious property to be shifted and relocated; • Disbursement status of compensation and assistance given to respective PAPs; • Details of Grievance Redress Committee, its procedures and mechanism; • Details of public consultation; • Details of compensation given to land looser and PAP (Quarterly); • Details of social/cultural and religious properties to be relocated; • Details of benefits of project to the public; • Details ofNGO involved in implementation of RAP.

Page 18 of 23

Income Restoration Measures

~

37. The basic objective of income restoration activities is that no project affected person shall be worse off than before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households, and socio-economic and cultural systems in affected communities. Income restoration (IR) schemes will be designed in consultation with affected persons so as to benefit them. Based on the information collected on IR activities through the census socio-economic surveys, the implementing NGO will identify suitable IR programme for the affected persons. Steps to be followed for income restoration include:

38. Identification of target 'groups and choosing respective income restoration activities -NGO needs to identify the affected persons and prepare a list of feasible income restoration options. While identifying IR options, the following factors shall also be considered: (i) education level of affected persons, (ii) skill possession, (iii) likely economic activities in the post­displacement period, (iv) extent of land left, (v) suitability of economic activity to supplement the income, and (vi) market potential and marketing facilities.

39. Training: option for training on skill enhancement for those losing their livelihood has been provided in the Entitlement Matrix. Training programmes will be conducted by PIU with assistance from NGO. Periodic review meeting will be carried out by the PIU to assess the efficacy of training programmes and corrective measures, if required, will be suggested for coordination with various training institutes/departments. NGO shall group the affected persons based on their preferred trades and make all the arrangements such as fixing the venue etc. 40. Identification of Training Institutes/Departments: based on trades selected, NGO shall have to identify the training institute for different trades I activities who can provide on-the-job training.

Preparation of Tribal Development Plan

41. The objective is to design and implement projects in a way that fosters full respect for indigenous people's dignity, human rights, and cultural uniqueness and so that they: (i) receive culturally compatible social and economic benefits; (ii) do not suffer adverse effects during the development process. TDP shall look into the impact of the project on Scheduled Tribe population, especially on the Fifth Schedule Areas (Taluka) through which the project road passes. Public consultations shall be conducted along the project corridors with the communities to obtain their views and suggestions regarding the proposed project interventions, through free, prior and informed consultation (FPIC). FPIC intends to fully identify the views of affected community and ascertain their broad community support for the project. FPIC has twin objectives such as (i) disseminating details about the proposed project, its adverse and favourable impact on the ST community and (ii) integrating the affected ST households with suitable development programmes (income generating, skill development or capacity building). Informed participation involves organized and iterative consultation through which the views of the affected communities on matters that affect them directly, such as proposed mitigation measures, the sharing of development benefits and opportunities and implementation issues, shall be incorporated into the decision-making process of the project. The concept of FPIC is summarized as follows:

Free: The project shall not coerce, intimidate or unduly incentivize the affected communities to be supportive of the project. The project shall record the discussions with recognized community representatives, key informants, etc.

Page 19 of 23 o

Prior: Consultation with affected communities shall be sufficiently early in the project planning 6process: (i) to allow time for project information to be interpreted and comments and recommendations formulated and discussed, (ii) for the consultation to have a meaningful influence on the broad project design options, (iii) for the consultation to have a meaningful influence on the choice and design of mitigation measures, the sharing of development benefits and opportunities, and project implementation.

Informed: Consultation with affected communities shall give details about project operations and potential adverse impacts and risks, based on adequate and relevant disclosure of project information and using methods of communication that are inclusive, culturally appropriate and adapted to the community's language needs and decision making, such that the community fully understand how the project will affect their lives

Arrangements for R&R Implementation

Environmental and Social Management Unit (ESMU)

42. ESMU will be headed by an officer of the rank of Executive Engineer (EE), and will be responsible for all activities related to resettlement and rehabilitation. Chief Engineer (World Bank Projects) will have overall responsibility of the project, who will be assisted by Superintending Engineer (SE). The EE will be assisted by an Environmental Specialist and a Social Specialist. ESMU will be housed in PWD headquarters in Jaipur. Respective Divisional Offices at field level will assist the PIU in carrying out the R&R activities in roads passing through respective districts. One each Executive Engineer's at field divisions will be responsible for E&S activities.

Roles and Responsibilities of EE at State Level:

43. Co-ordinate the implementation of R&R activities with PIU, field staff, engineering and revenue officials; • Ensure availability of budget for R&R activities; • Approve micro plans prepared by the NGOs for implementing RAP; • Monitor the progress related to R&R and LA carried out by NGO and M&E Consultants; • Hold periodic meetings on R&R implementation and review of activities at Divisional

Offices

Roles and Responsibilities of Divisional Offices at District Level:

• Ensure continued participation of the people in entire project cycle; • Verify and send the micro plans for approval ofthe PIU; • Assist the PIU in monitoring the progress related to R&R and LA carried out by

NGO and M&E Consultants; • Hold periodic meetings on R&R implementation and report to the PIU.

Roles and responsibilities of Social Specialist at State Level

• Assist SE/EE to perform R&R activities.

Page 20 of 23

• Co-ordinate with the district administration on LA and R&R. Coordinate and follow-up with Revenue Department member of the ESMU.

• Facilitate the appointment of external agency for impact evaluation and overcall monitoring and supervision of implementing NGO.

• Training ofNGOs- class -room and on-site. • Review of reports and documents submitted by the NGO. • Training to PWD staff on social aspect management and reporting. • Preparation of periodic progress reports for the WB and Government ofRajasthan. • Documentation of case histories. • Preparation of reporting formats, checklists, guidelines on social management

aspects. • Translate the executive summary of RAP in local language and disseminate it

among the project stakeholders and at important places along the project road. • Organize fortnightly meetings with the NGO to review the progress on R&R and

report to SE and CE. • Review micro plan and monthly progress reports submitted by NGO.

Role of Revenue Department

44. The PWD have to make an application for acquisition of any land for a public purpose to the Collector of the district concerned and the Collector forwards such applications for acquisition of land to the Land Acquisition Officers concerned. On receipt of such applications, the District Collector/LAO will acquire the land for the said purpose under LA Act.

45. The compensation for land and other assets for titleholders will be disbursed through Revenue Department. R&R assistance as per entitlement provisions for both titleholders and non­titleholders will be disbursed through PIU.

Implementation Support by NGO

• Explain PAPs about the potential adverse impacts and proposed mitigation measures and, R&R entitlements;

• Distribute the dissemination materials including pamphlets on RAP and other aspects;

• Facilitate ESMU in organizing public information campaign at the commencement of R&R activities;

• Prepare the micro plans; • Participate in the meetings organized by ESMU; • Provide support for implementation of RAP; • Prepare and issue identity cards to identified PAPs; • Facilitate opening of joint bank accounts (PAPs and his/her spouse) for individual

PAPs; • Assist PAPs in receiving compensation, focusing on vulnerable PAPs to ensure

that they get their dues on time; • Generate awareness about the productive use of compensation money and R&R

grants; • Explain the resource base and other opportunities to enable them to make informed

choices and participate in their own development; • Ensure that vulnerable PAPs are given their dues both for payment of

compensation and rehabilitation assistance; • Submit monthly progress reports to ESMU;

Page 21 of 23

• IdentifY training needs of PAPs for income generating activities and ensure they are adequately supported during the post-training period on respective income generating activities, and,

• Ensure that the grievances and problems faced by PAPs are presented to the Grievance Redress Committee for their resolution.

Grievance Redress Mechanism

46. The project proposes to establish a Grievance Redress Committee (GRC) to hear the complaints of project affected persons and resolve the same. The process will promote settlement of disputes and reduce litigation. GRC will be set up at the district level with District Collector as head. The following persons will be the members of GRC:

• District Collector or his designated representative of at least the rank of Assistant District Collector (preference would be given to women officers);

• The District Development Officer of the Department of Revenue; • The Executive Engineer, PIU; • Representative of the NGO

47. GRC will be responsible for the following: (i) Support PAPs in resolving issues related to R&R and LA; (ii) Record grievance and resolve them within stipulated time; (iii) Inform PIU about any serious cases; and (iv) Report to the aggrieved parties about the decisions of the PIU.

48. ESMU will provide all necessary help to PAPs in presenting his/her case before the GRC. The GRC will respond to the grievance within 15 days. The GRC will normally meet once in a month but may meet more frequently, if the situation so demands. A time period of 45 days will be available for redressing the grievance of EPs. The decision of the GRC will not be binding to PAPs. This means the decision of the GRC does not insist PAPs taking recourse to court of law, if he/she so desires. Broad functions of GRC are as under:

49. Record the grievances of PAPs, categorize and prioritize them and provide solution to their grievances related to resettlement and rehabilitation assistance.

50. The GRC may undertake site visit, ask for relevant information from Project Authority and other government and non-government agencies, etc in order to resolve the grievances of PAPs.

51. Fix a time frame within the stipulated time period of 45 days for resolving the grievance.

52. Inform PAPs through ESMU about the status of their case and their decision to PAPs for compliance.

Resettlement Budget

53. The resettlement budget will comprise itemized estimate of compensation for land, structures, trees, crops, various resettlement assistances, rehabilitation or replacement of CPRs including land, if government land is not available, institutional cost, contingency, additional studies if required, cost towards implementation, engagement of RAP implementation agency, evaluation consultants, etc.

54. The cost of social safeguards management including LA and R&R shall be budgeted as part of the overall project costs. While the cost of LA shall be met with Government of Rajasthan funds, the cost for R&R, capacity building, training, shall be budgeted under World Bank funds.

Page 22 of 23