1 final bgfcl report (r) · resettlement plan (rp) for drilling of 4 new wells (titas # 23-26) and...

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Resettlement Plan

Document: Resettlement Plan Document Stage: Draft Project Number: 38164-013 Date: September 2013

BAN: Natural Gas Access Improvement Project

Southwest Area Integrated Water Resources Planning and Management

Prepared by Bangladesh Gas Fields Company Limited (BGFCL) for the People’s Republic of Bangladesh and the Asian Development Bank. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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BANGLADESH GAS FIELDS COMPANY LIMITED (A Company of Petrobangla )

Birashar, Brahmanbaria-3400.

Resettlement Plan (RP) Gas Seepage Control and Appraisal

& Development of Titas Gas Field

PREPARED BY

ENVIRO CONSULTANTS LTD

35/A, 2nd Floor, Monipuripara, Tejgaon

Dhaka-1215, Bangladesh.

Tel: 880-2-8141439, Fax: 880-2-8141439

Cell: 01713117822, 01715327465

E-mail: [email protected]

Web: www.enviroconsultant.org

September 2013

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Abbreviation

ADB Asian Development Bank

AH Affected Household

APs Affected Persons

BGFCL Bangladesh Gas Fields Company Ltd

CCL Cash Compensation under Law

DC Deputy Commissioner

EA Executing Agency

EPs Effected People

FHHs Female Headed Households

GRC Grievance Redress Committee

GOB Government of Bangladesh

HHs Affected households

IOL Inventory of Loss

IR Involuntary resettlement

LA Land Acquisition

LAP Land Acquisition Proposal

LAO Land Acquisition Officer

M&E Monitoring and Evaluation

MOL Ministry of lands

MOPEMR Ministry of Power, Energy and Mineral Resources

PCC Public Consultative Committee

PD Project Director

PIC Project Implementation Committee

PIU Project Implementation Unit

PVAT Property Valuation Advisory Team

RAC Resettlement Advisory Committee

RAP Resettlement Action Plan

RP Resettlement Plan

R&R Resettlement & Rehabilitation

RV Replacement Value

SES Socio-economic Survey

UP Union Parishad

RU Resettlement Unit

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Table of Contents

Executive Summary ……………………………………………………. 1

1.0 INTRODUCTION……………………………………………………… 6

1.1 Project Background ............................................................................................... 6

1.2 Project Description ................................................................................................ 6

1.3 Project Location .................................................................................................... 6

1.4 Measures to Minimize Impact ............................................................................... 8

1.5 Objectives of the Resettlement Plan (RP) .............................................................. 8

2.0 SOCIO ECONOMIC INFORMATION OF THE PROJECT AREA ............... 10

2.1 Project Scope and Location ................................................................................. 10

2.2 Socio-Economic Scenario ................................................................................... 10

2.2.1 Socio-Economic Survey (SES) ............................................................................ 10

2.2.2 Economic and Social Conditions of Affected People .......................................... 10

3.0 FINDINGS OF RESETTLEMENT CENSUS SURVEY ................................... 16

3.1 Resettlement Census Survey ............................................................................... 16

3.2 Findings of Resettlement Census Survey ............................................................. 16

3.2.1 Type of Project Impacts ...................................................................................... 16

3.2.2 Impact on Agricultural Land ........................................................................................ 17

3.2.3 Ownership Pattern ............................................................................................................ 17

3.3 Impact on Income and Livelihood ....................................................................... 17

3.4 Project Impact on Poor, Indigenous People, Ethnic Minorities and Other

Vulnerable Groups Including Women ................................................................. 18

3.4.1 Socially Vulnerable Groups .............................................................................................. 18

3.4.2 Gender Impacts of the Project .......................................................................................... 18

4.0 RESETTLEMENT POLICY FRAMEWORK & ENTITLEMENT MATRIX.19

4.1 Review of Relevant Legislation........................................................................... 19

4.1.1 Acquisition and Requisition of Immovable Property Ordinance II, 1982 ........................ 19

4.1.2 Land Acquisition/Requisition Procedures ........................................................................ 20

4.1.3 Objection Against Requisition .......................................................................................... 22

4.1.4 Compensation for Requisitioned Property ........................................................................ 22

4.1.5 Matters to be considered in Determining Compensation .................................................. 23

4.1.6 Problems of Valuation and Compensation ....................................................................... 23

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4.1.7 Time Frame ...................................................................................................................... 24

4.2 LA Act and GOB Draft National Policy .............................................................. 24

4.3 ADB Policy on Involuntary Resettlement ............................................................ 26

4.3.1 Compatibility of GOB Provision and Asian Development Bank (ADB) Policy .............. 27

4.3.2 Comparison of ADB Policy on Involuntary Resettlement and National Policies ............ 28

4.4 Eligibility Policy and Entitlement Matrix ........................................................... 29

4.4.1 Eligibility Criteria ............................................................................................................ 29

4.4.2 Compensation and Entitlement Policy ............................................................................. 29

4.5 Valuation of Affected Properties ........................................................................ 31

4.6 Disposal of Acquired Properties ......................................................................... 31

5.0 CONSULTATION, PARTICIPATION AND DISCLOSURE .......................... 32

5.1 Consultation Process ........................................................................................... 32

5.2 Consultation Scope and Issues ............................................................................ 32

5.3 Identification of Key Stakeholders ...................................................................... 33

5.4 Feedback from Community Consultation ............................................................ 33

5.5 Disclosure of the RP ........................................................................................... 35

5.6 Plans for Further Consultation and Community Participation ............................. 35

6.0 INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION SCHEDULE 37

6.1 Introduction ....................................................................................................... 37

6.2 BGFCL ............................................................................................................... 37

6.3 Other Agencies Involved in the Process ............................................................. 38

6.3.1 Deputy Commissioners (DCs) ......................................................................................... 38

6.4 Grievance Redress Mechanism............................................................................ 38

7.0 RESETTLEMENT COST ESTIMATE AND BUDGET ................................... 42

7.1 Cost Estimates ................................................................................................... 42

7.1.1 Land Cost .......................................................................................................................... 42

7.1.2 Compensation for Tenant Farmers ................................................................................... 43

7.1.3 Training for income generating activities ......................................................................... 43

7.1.4 Training for income restoration of wage labour .. ............................................................ 43

7.1.5 Assistance to Vulnerable Group ....................................................................................... 44

7.1.6 Compensation for Loss of Agricultural Income from Trees and Crops .......................... 44

7.2 Budget ................................................................................................................ 44

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8.0 IMPLEMENTATION SCHEDULE ................................................................... 46

8.1 RP Implementation Schedule .............................................................................. 46

8.2 Implementation Schedule .................................................................................... 46

8.3. Pre-requisites of a Successful Implementation of RP ........................................... 48

8.4. Temporal Parameters of the RP ........................................................................... 48

8.4.1 Date of Start of Implementation ....................................................................................... 48

8.4.2 Date of Vacating the Work Site ....................................................................................... 48

8.4.3 Date of Completion of the Acquisition and compensation Process ................................. 48

9.0 IMPLEMENTATION SCHEDULE ................................................................... 49

9.1 Need for Monitoring ........................................................................................... 49

9.2 Monitoring at EA Level ...................................................................................... 50

9.3 Reporting Requirements ...................................................................................... 50

9.3.1 Plan for Internal Monitoring ............................................................................................ 50

9.3.2 Plan for External Monitoring ............................................................................................ 51

9.4 Time Frame and Reporting Requirements ........................................................... 52

Map 1 Brahmanbaria District Map Showing Project Location

List of Table

Table 1 Project Scope & Location

Table 2 Distribution of land ownership of the Affected Persons

Table 3 Owner, Tenant, Labor Holdings and others Household

Table 4 Occupation of head of households

Table 5 Literacy Rate

Table 6 Land ownership characteristics of Female headed households

Table 7 Distribution of Households income

Table 8 Sanitation System of the Project Area

Table 9 Arsenic contamination of ground water

Table 10 Households with Physically Retarded/ Crippled Persons

Table 11 Residential status of the AP households

Table 12 People Response the Disease

Table 13 Types of losses experienced by the Affected Households (HHs)

Table 14 Affected for Share Cropper

Table 15 Affected for Wage Labour

Table 16 Vulnerability Status of Affected Households

Table 17 Comparison of ADB Resettlement Policy with National Policies

Table 18 Compensation and Entitlements

Table 19 Summary of the Public Consultations

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Table 20 Value of land of Chhatian, Malihata, Jangilsar, Suhilpur and Sarail

Mouza According to Market Rate, Brahmanbaria based on Rate of LA

Department

Table 21 Compensation of tenant Farmer

Table 22 Training for Share Cropper

Table 23 Training for Wage labour

Table 24 Financial Assistance to Vulnerable Group

Table25 Summary Resettlement Budget

Table 26 Monthly Progress Report Format for Resettlement Monitoring


List of Photo

Photo 1Socio-economic Survey with stakeholder at Malihata village

Photo 2Socio-economic Survey with stakeholder at Malihata

Photo 3 Consultation with stakeholder at Budhol Union Parishad

Photo 4Consultation with stakeholder at Budhol Union Parishad

List of Figure

Figure 1 Location of the Sarail Project Area Well No 23 and 24

Figure 2 Organogram of Bangladesh Gas Fields Company Ltd. (BGFCL)

Figure 3 Organogram of the Office of the Deputy Commissioner (DC)

ANNEX

Annex-I Survey Questionnaire

Annex-II Mouza Map of Titas well no 23 and 24

Annex-III Mouza Map of Titas well no 25 and 26

Annex-IV List of Land Owner

Annex-V List of Participant in the Consultation Meeting

Resettlement Plan (RP) for Drilling of 4 New Wells (Titas # 23-26) and Installation of 2 nos. Process Plants at

Titas Gas Field.

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Executive Summary

Background of the Project

Bangladesh Gas Fields Company Limited (BGFCL) is a company of Bangladesh Oil, Gas &

Mineral Corporation (Petrobangla). The Company is the largest gas producer in the country

in national sector. To increase gas production BGFCL has planned to carry out drilling of 4

new wells (well nos. 23-26) and installation of 2 nos. process plants with associated facilities

in two different locations at Titas gas field under financial assistance of ADB. One of them

(well # 25 & 26 and one process plant) located at mauza Chhatian, Jangilsar, Malihata &

Suhilpur under Sadar upazila and other (well # 23 & 24 and one process plant) is located at

mauza Sarail, upazila Sarail both are under district Brahmanbaria. For implementation of the

project 15 acres of land need to be acquired, which are mainly agricultural land. A

resettlement plan (RP) is required to submit to ADB for this project. Major works planned

under the scope of the project are (i) Drilling of 4(four) appraisal cum-development wells

(Titas #23, 24, 25, & 26) and (ii) Installation of two nos. process plants at Titas Gas Field

under Sadar Upazila & Sarail Upazila, Brahmanbaria.

Land Acquisition Impact

For implementation of the project works will require 15 acres of land which cost around Tk.

196.5million and all the land is agricultural and 66 household will affected through land loss,

income from sharecrops loss under the project intervention.

Measure to Minimized the Impact

Efforts have been made by BGFCL in order to minimize the impacts and disruption of

livelihood. BGFCL has taken maximum possible extent and adequate measure to reduce the

adverse impact and which has been incorporated in the planning design of the project to

mitigate the unavoidable adverse impacts.

Objectives of the Resettlement Plan (RP)

The overall objectives of these work/services are to conduct detailed Resettlement Plan (RP)

and to obtain clearance from ADB. Resettlement Plan to be carried out as per ADB’s

Environmental policy (2009) and law/policy of Govt. of Peoples Republic of Bangladesh for

implementation of the project.

Stakeholder Participation and Disclosure Plan

This draft ResettlementPlan (RP) will be disclosed to the affected persons and submitted to

ADB for review and approval. Compensation and other assistances will have to be paid to

APs prior to displacement or dispossession of assets or 6 months prior to commencement of

construction activities whichever comes first. The RP will be summarized in an information

booklet in Bangla and disclose to APs.


Titas Gas Field.

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Matters to be Considered in Determining Compensation

In determining the amount of compensation, the Deputy Commissioner will take into

consideration the following factors:

• Cost of standing crops or trees on the land/property at the time of taking its possession by

the Deputy Commissioner.

• Dislocation from his other properties, if any.

• Injuries/adverse effect on his other properties or his income.

• Reasonable income of the property in between the service of notice and possession of the

property taken by the Deputy Commissioner.

Compensation and Entitlement

An Entitlement Matrix has been prepared on the basis of census and socio-economic survey

conducted in July 2013. It identifies the categories of impact based on the census and shows

the entitlements for each type of loss. The matrix describes the units of entitlements for

compensating the lost assets and various resettlement benefits. Cash Compensation under

Law (CCL) for lost assets (land) will be accorded to the owners through the DC as per market

value assessed through legal procedure. The resettlement benefit for indirect losses and

difference between replacement value and the CCL will be paid by BGFCL directly to the

APs.

Table Compensation and Entitlements

Type of loss Entitled Persons(s) Entitlements

1. Loss of agricultural

land

Legal owner(s) of

land as determined by

the DC,

and or determined by

the court

Value of land at current market price of the

equivalent replacement land. The DC office

determines the compensation amount based

on yearly average of recorded sale value

plus 50% additional cash compensation.

Refund of registration cost incurred for

replacement land purchase at the

replacement value.

Any difference between the awarded value

and the replacement value at the cut-off-

date (on the date of issuance of notice under

section 3 of Acquisition Act, 1982) will be

paid to APs as a cash grant.

APs will be provided with all possible

assistance to identify and purchase

replacement land.

APs severely affected by loss of agricultural

land (i.e., losing more than 20% of total

land holding) will receive a cash grant of

Tk.5000/- per family or Tk. 2000 per

decimal of concerned land, whichever is


Titas Gas Field.

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lower. Suitable candidates will also be

provided with free training on income

employment.

2. Lose of access by

tenants/sharecroppers

to agricultural land

for crops production.

Farmers leasing in or

share cropping the

land that is defined to

be acquired for the

project at the time of

the socio-economic

survey.

No compensation for land.

One –time cash grant of Tk.5000/- per

family or Tk. 2000/-per decimal of

concerned land, whichever is lower.

Suitable candidates will also be provided

free training on income generating activities

and a subsistence allowance during the

training period. If necessary, access to credit

facilities to start self-employment will be

provided.

3. Loss of wages

income.

Persons engaged in

wage labor in

agriculture or non-

agriculture sectors in

the affected areas

whose means of

livelihood have been

affected.

One-time cash grant of Tk. 5000/-and

Wage employment with contractors and / or

training in income generating activities. If

necessary, access to credit facilities will be

provided to start self-employment activities.

A subsistence allowance will be provided

during the training period.

4. Loss of standing

crops

Compensation for one

year’s crop value to

crop owner

Advance notice to harvest crops.

Cash compensation equivalent to the market

value of one year’s income from the crops.

5. Vulnerable groups Members of

vulnerable groups

such as the landless,

very poor, female-

headed households or

households of the

elderly, physically

impaired or disabled

One-time cash grant of Tk.10000/- per

family

Provision of a land purchase grant for

landless households.

6. Unforeseen impact Concerned impacts Determined as per policy on unique

Findings at detailed design stage

Cut-off Date

An entitlement matrix for different categories of people affected by the project has been

prepared. People moving in the project area after the cut-off date will not be entitled to any

assistance.

After issuance of notice under section 3 by the DC and census cut-off date for non-

titleholders or a similar designated date declared by BGFCL, joint verification of the

acquired properties will be carried-out by the requiring and acquiring bodied.

All APs will be entitled to compensation and resettlement assistance based on severity

(significance) of impacts. Nevertheless, eligibility to receive compensation and other

assistance will be limited by the cut-off date. The cut-off date for compensation under law

(Ordinance II of 1982 with amendments) is considered for those identified on the project


Titas Gas Field.

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right of way land proposed for acquisition at the time of service of notice under Section 3 or

joint verification by DC whichever is earlier. The cut-off date of eligibility for resettlement

assistance under this RP is the commencement date of the census which is the 2nd

July 2013.

The absence of legal title will not bar for APs from compensation and assistance.

Grievance Redress Monitoring Mechanism

Grievance Redress Committees (GRC) will be established for the subproject with

representation from the Executing Agency (EA), APs (including vulnerable groups), Local

Government Engineering Department (LGED) and private consultant. Other than disputes

relating to ownership rights under the court of law, the GRC will review grievances

involving all resettlement benefits, relocation, and other assistance forwarded by the

Resettlement Unit (RU) or APs. Grievances will be redressed within 2-4 weeks from the date

of lodging the complaints.

The grievance redress activities will be monitored by the GRC to be formed similar to PCC.

In effect, the GRC will work closely with the Affected Persons (APs) or group to identify the

grievances and redress the same in consultation with other members of the committee as well

as the APs. In this project land acquisition, crop damage, income losses etc. will be

compensated paid to the APs. Grievances will be settled with their full representation in

GRCs constitutes by BGFCL, local elected representative and AP representative. Grievance

will be redress within a month from the date of lodging of complaint.

Budget

Based on the above a budget provision has been made to cover all land acquisition,

compensation, and rehabilitation costs for the project. The budget provision was made in the

project Proforma in the amount of Tk. 196 million. In estimating land acquisition cost, last

one year’s average sale rates of different types of land in the project jurisdiction were

collected from the concerned sub-registry offices. These rates are sale value plus 50% as per

GoB policy of involuntary resettlement (compulsory nature of acquisition).

Summary Resettlement Budget

Cost in Taka

Loss of income of share croppers 60,000

Training cost of share croppers 168,000

Training for income restoration of wage labour 168,000

Compensation for Vulnerable 140,000

Crop Compensation for one year 60,000

Fees for External Monitoring 200,000

Tenant farmer 60,000

Land Acquisition (LA) Cost with Premium 189,009,450

Miscellaneous expenses for land acquisition @ 3% 5,670,284

195,5,35,734


Titas Gas Field.

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Monitoring and Evaluation

The internal monitoring will be carried out by the project office in order to oversee the

performance of the resettlement plan implementation. This is often based upon a card system

kept in the monitoring office recording the entitlements due to and received by each affected

household. The card system can be manual or computerized.

The EA will established an external M&E to ensure complete and objective information.

Post-evaluation of resettlement committee is an integral part of the project cycle.


Titas Gas Field.

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1.0 INTRODUCTION

1.1 Project Background

Bangladesh Gas Fields Company Limited (BGFCL) is a company of Bangladesh Oil, Gas &

Mineral Corporation (Petrobangla). The Company is the largest gas producer in the country

in national sector. To increase gas production BGFCL has planned to carry out drilling of 4



(well # 25 & 26 and one process plant) located at mauza Chhatian, Jangilsar, Malihata &


mauza Sarail, upazila Sarail both are under district Brahmanbaria. For implementation of the

project 15 acres of land need to be acquired, which are mainly agricultural land. A

resettlement plan (RP) is required to submit to ADB for this project.

Major works planned under the scope of the project are (i) Drilling of 4(four) appraisal cum-

development wells (Titas #23, 24, 25, & 26) and (ii) Installation of two nos. process plants at

Titas Gas Field under Sadar Upazila & Sarail Upazila, Brahmanbaria.

1.2 Project Description

Implementation of the project comprises the following major components:

(i) Drilling of 4 (four) appraisal cum-development wells (Titas # 23, 24,25 & 26) and

(ii) Installation of two nos. process plants at Titas Gas field under Sadar Upazila & Sarail

upazilla, Brahmanbaria.

1.3 Project Location

Bangladesh Gas Fields Company Limited (BGFCL) has planned to carry out drilling of 4



(well # 25 & 26 and one process plant) located at mouza Chhatian, Jangilsar, Malihata &


mouza Sarail upazila Sarail both are under district Brahmanbaria. For implement this project

15 acres of land will be acquired, which are mainly agricultural land BGFCL need to submit

Resettlement Plan (RP) to ADB for this project. Mouza maps shown in Annex II and III.

All the four wells will produce total 120 MMSCFD natural gas and each well of the 4 wells

(Well no 23-26) will produce 30 MMSCFDwhich will facilitate a total flow of additional

natural gas supply to the national grid. Gas from the wells will be used for producing mainly

electricity which in turn will drive industries contributing to national GDP. Implementation

of the project will develop socio-economic environment of the area including poverty

alleviation by creation opportunities through industrial development. Besides, many unskilled

local people can be employed temporarily during project implementation period. This will

lead to the enhancement of skill of the personnel engaged in physical execution of the project

which in turn would help execution of similar projects in future.

Since there are no structure in the propose location of the project hence, implementation of

project physical works will not cause adverse involuntary resettlement impacts entailing

acquisition of land, other assets and displacement. The census survey undertaken brought

forth that the proposed project requires acquisition of about 15 acres of land –the all of which

comprises of agricultural land and no homestead and commercial assets. A total of 66

households constituting of 322 persons would be affected as a result of the project.


Titas Gas Field.

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Map 1 Brahmanbaria District Map Showing Project Location

Figure 1. Localtion of the Sarail Project Area Well No 23 and 24

Project area


Titas Gas Field.

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1.4 Measures to Minimize Impact

Land is a vital component of the project for drilling of wells and installation of process

plants. For the purpose of minimizing the impact on affected people (APs), BGFCL has put

special attention in planning process to ensure minimum displacement or resettlement of

people during the development of gas well drilling site and installation of process plants.

BGFCL considered various options to decide on the most economical and effective

alternative to stay within minimum disturbance and avoid homestead resettlement. The

organization shared its knowledge and experience with local communities for minimizing

impact. Following measures have been adopted in order to minimize the ensuing Project

impact.

� Avoid archaelogical, religious structures and educational institution in determining

the access road for the project.

� As far as practicable, the alignment has avoided houses (permanent or temporary). In

particular, special care was taken to avoid any human settlement clusters.

� At all road crossing, prescribed clearance requirements will be strictly adhered to.

� The proposed alignments will be submitted to the Road & highway Department and

Brahmanbaria Upazila Parishad.

1.5 Objectives of the Resettlement Plan (RP)

The overall objectives of these work/services are to conduct detailed Resettlement Plan (RP)

and to obtain clearance from ADB. Resettlement Plan to be carried out as per ADB’s

Environmental policy (2009) and law/policy of Govt. of Peoples Republic of Bangladesh for


BGFCL will legally acquire the land by compensating owners for loss of land, and of other

assets such as trees and loss of income, under the legislative framework for land acquisition

in Bangladesh. The adverse social and resettlement impact will be mitigated in accordance

with ADB safeguard policies. This Resettlement Plan (RP) has been formulated to assist the

affected households (AHs) to restore their livelihoods and socio-economic conditions to their

pre-project status. The RP addresses both land acquisition and resettlement issues within the

legal framework of the Government of Bangladesh (GOB) and ADB`s policy on Involuntary

Resettlement.

The objectives of this RP is to mitigate all unavoidable impacts caused due to drilling of

wells, process plant, excess road and to provide guideline on people compensation and

assistance as per the norms of ADB. The Plan has been prepared on the basis of survey

finding of census survey on Involuntary Resettlement (2013). More particularly, the Plan

aims to make sure that:

� Affected persons/squatter gets compensation for their loss.

� Rehabilitation are identified and relevant facilities and services are provided.


Titas Gas Field.

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� Assistance is provided so that at least same level of wellbeing is achieved with the

project without it.

This Resettlement Plan (RP) will be disclosed to the affected persons and submitted to ADB

for review and approval. Compensation and other assistances will have to be paid to APs

prior to displacement or dispossession of assets or 6 months prior to commencement of

construction activities whichever comes first.


Titas Gas Field.

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2.0 SOCIO ECONOMIC INFORMATION OF THE PROJECT AREA

2.1 Project Scope and Location

Major works planned under the scope of the project are (i) Drilling of 4 (four) appraisal cum-

development wells (Titas # 23, 24,25 & 26) and (ii) Installation of two nos. process plants at

Titas Gas field under Sadar Upazila & Sarail Upazilla, Brahmanbaria.Project Scope &

Location Mouza, Upazilla, and District is shown in Table 1.

Table 1 Project Scope & Location

Project Components Mouza Upzila District Division

Drilling of 4 New Wells

and Installation of 2 nos.

process plant

Chhatian Sadar Brahmanbaria Chittagong

Malihata Sadar Brahmanbaria Chittagong

Jangilsar Sadar Brahmanbaria Chittagong

Suhilpur Sadar Brahmanbaria Chittagong

Sarail Sarail Brahmanbaria Chittagong

Source: Field visit

2.2 Socio-Economic Scenario

2.2.1 Socio-Economic Survey (SES)

This section covers some selected but relevant socio-economic aspects of the project area

relating to farm and non-farm households, tenancy, landless and agriculture labor holding and

the tenure system. This section also highlights the agriculture pattern/ practices in the project

affected area. The socio-economic scenario is derived from analysis of data collected from

socio-economic survey (SES) carried out across the project area.

he SES was conducted in the sample affected households using a household questionnaire.

The activities of SES were carried out to:

� Obtain demographic and other data information about pre-project incomes, productive

activities, and likely impacts of land acquisition on economy of the APs and the

community, land ownership and tenural arrangements, land-use patterns, occupations,

income and economic interdependency among the APs, and women’s economic

activities and income, and

� Establish a baseline for subsequent monitoring and evaluation of the implementation

of the RP and its impacts.

The findings obtained from SES are described in the following sections. The project area is

mainly used for agricultural activities. Table 2 presents summary of the land holding type of

the land owners or those who have interest in the land.


Titas Gas Field.

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Table 2 Distribution of land ownership of the Affected Persons

Mouza Agricultural land Holding in percentage

Virtually

landless (%)

(0.05-0.49

Acre)

Merginal

(0.50-1.49

Acre)

Small

(1.5-2.45

Acre)

Medium(2.5-

5.49 Acre)

Large (5.5+

Acre

Chhatian 25.00 33.34 25.00 8.33 8.33

Malihata 25.00 75.00

Jangilsar 27.27 36.36 9.09 27.28

Suhilpur 16.66 50.00 16.66 16.66

Sarail 30.76 38.48 15.38 7.69 7.69

Source: Field visit

The operation pattern of the households of the project area shown in Table 3. A little more

than one third of the farmers cultivate their own land. The other owners excepting one or two

operate the land themselves by engaging piecemeal labors on contract and no labor in

engaged on wage terms.

Table 3 Owner, Tenant, Labor Holdings and others Household

Mouza Owner Holdings Others

No. % No. %

Chhatian 8 72.72 3 27.28

Malihata 7 63.63 4 36.37

Jangilsar 2 66.67 1 33.33

Suhilpur 8 66.67 4 33.33

Sarail 9 69.23 4 30.77

Tenant farmers are also going to be affected although the numbers are very small. The tenant

farmers will receive compensation for their lost crops and will be provided with rehabilitation

assistance to restore their income-earning capacity.

There are three types of tenancy system in Bangladesh:

� 50% crop will be shared by the tenant if the tenant provides 50% of the total inputs in

the land.

� 33% of the crops will be shared by the tenant if the land owner provides the inputs;

and

� On a contract basis- the tenant provides a certain amount of money to the land owner

for utilizing or cultivating the land and enjoys the total return. Tenancy is done

sometimes on a seasonal basis.


Titas Gas Field.

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2.2.2 Economic and Social Conditions of Affected People

2.2.2.1 Occupation

Occupation indicates sources of income from work as well as social status. Business and

farming are the main occupation of the heads of households. Service has been appeared to be

the most important occupation for the head of holds. The total situation is summarized in

Table 4.

Table 4 Occupation of head of households

2.2.2.2 Literacy

The literacy rate of the head of households is 100 percenton total population excluding

Children below 5years of age is 35%. The situtations of the two groups are shown in Table 5.

Table 5 Literacy Rate

Education level Head of Households

No of persons Percent

Primary 23 65.71

SSC 3 8.57

HSC 2 5.72

Degree 3 8.57

Masters 4 11.43

Total 35 100

Occupation Head of Households


Business 15 30

Construction Worker 1 2

Farmer 14 28

Foreign Labor 1 2

House wife 3 6

Labor 1 2

Service 7 14

Student 3 6

Unemployment 4 8

Thikader 1 2

Total 50 100


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2.2.2.3 Female Headed Households

During the survey it was found that the land ownership of the female households

demonstrates that the women have significant land of their own and they will loss only a

Medium fraction of their land. It appears that they are not in the vulnerable group. The female

headed households in the acquisition area are shown in the Table 6.

Table 6 Land ownership characteristics of Female headed households

Number of

households

Total land ownership (dec) Land lost (dec) Percentage

3 327 129 39.45

2.2.2.4 Household Income

There are five households which have low income at such a level that may be treated as

vulnerable. They have no income source other than agriculture. Various level of income

range is presented in Table 7. Tk. 5000-10000/month income level people household about

40%.

Table 7 Distribution of Households income

Income range No. % Avg. Total Exp.

≤= 5,000 5 10 3800 19000

5,000 - 10,000 20 40 8350 167000

10,000 - 15,000 11 22 13909 153000

15,000 - 20,000 7 14 20000 140000

≥= 20,000 7 14 30714 215000

2.2.2.5 Cropping Pattern

Most of the agricultural land of the project area are three cropping system. Their main crop is

rice. In Sarail mouza some of the farmers cultivate jute and vegetables.

2.2.2.6 Sanitation System

The SES finding shows in Table 8 that all most the people are used hygienic latrine. 66

percent of the target population use sanitary system and 33 percent use ring slab system.


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Table 8 Sanitation System of the Project Area

Sanitation No of persons Percent

Sanitary 33 66

Ring Slab 16 32

Katcha 1 2

Total 50 100

2.2.2.7 Water Facilities for Household Use

100% of the population use tubewell water for drinking and cooking purpose. In Sarail Union

are the most vulnerable for Arsenic contamination of ground water but Bodul and Suhilpur

Union are not found Arsenic contamination and shown in Table 9. They use pond water for

bathing and domestic uses. They have no facility of water supply system.

2.2.2.8 Cooking Fuel

The women use straw, leaves of plant, wood, husk, and cow dung for their cooking. In Sarail

few of households use supply gas but rest of the households use domestic fuel materials.

2.2.2.9 Households with Physically Retarded/ Crippled Persons

The proportion of physically or psychologically handicapped people is a significant around

18% of the project area. Table 10 shows the Households with Physically Retarded/ Crippled

Persons in the project area.

Table 10 Households with Physically Retarded/ Crippled Persons

Households with physically

retarded/ crippled persons


9 18

2.2.2.10 Residential Characteristics

The survey finding shows that all of the land owners live in houses built on their homestead

land. Their house type is given in the following Table 11.

No 36 72

Not Tested 1 2

Yes 12 24

Not Known 1 2


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Table 11 Residential status of the AP households

Occupation Pacca Semi Pacca Tin

Business 7 4 4

Construction Worker 1

Farmer 3 2 8

Foreign Labour 1

House wife 1 2

Labour 1

Service 5 2

Student 1 2

Unemployment 1 1 2

Thikader 1

2.2.2.11 Health Condition

Surrounding of the Project area Common cold and Influenza are the main diseases the APs

suffer from. In Sarail Union almost all of the people first contacts with hospital, in other case

most of the people are first contact with village doctors.Table 12 shows the People Response

the Disease.

Table 12 People Response the Disease

Name of the Institutions/ person Hospital MBBS Quack Village Doctor

Percentage 30 2 2 66


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3.0 FINDINGS OF RESETTLEMENT CENSUS SURVEY

3.1 Resettlement Census Survey

The resettlement census survey is a comprehensive survey that covered 100% households

getting affected by the project, irrespective of their entitlement or ownership status. This

survey was undertaken along the project by the consultant and trained survey team in July

2013.

The objective of the census survey was to identify the affected persons and generate an

inventory of social and economic impacts on the project affected persons, socio-economic

profile of the project affected people, their perceptions about the project and rehabilitation

and resettlement options. A questionnaire was prepared to collect detailed information on the

socio-economic status of the affected persons and households.

The data gathered during the Inventory of Loss (IOL) has been entered onto an electronic

database which identified each Affected Household (AH) and the way they are impacted and

losses they will incur. The objective of the IOL was to establish a detailed inventory of the

households and of physical assets likely to be affected by the project; develop a

socioeconomic profile of the AHs and affected persons (APs) there in, through the

participatory IOL and consultation meetings and obtain the views of AHs on likely benefits

and adverse effects of the project as well as their views on what measures need to be included

in the project to ensure mitigation of all adverse effects on them. The IOL also serves as a

benchmark for monitoring and evaluation.

3.2 Findings of Resettlement Census Survey

The census survey identified that a total of 66 legal HHs will be affected.

3.2.1 Type of Project Impacts

The census survey brought forth that the project will necessitate acquisition of 15 acres of

land- the majority of which is agricultural land. In total 66 households will be affected under

the project intervention. The detailed list of affected households is enclosed as Annex II.

Types of losses experienced by the Affected Households (HHs) is shown in Table 13.

Table 13 Types of losses experienced by the Affected Households (HHs)

Type of losses Total Number of Affected HHs Extent of loss

Agricultural land 66 15 acres

Source: Resettlement Census Survey 2013


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3.2.2 Impact on Agricultural Land

Land will be permanently acquired for drilling of gas well, laying of gathering line and

installation of processing plant with access road. The census survey and interactions with the

affected households brought forth that a total of 15 acres of agriculture land belonging to a

total of 66 households would be affected as a result of the project. The analysis brought forth

that all the affected (15 acres) comprised of irrigated land which is used for cultivation.

3.2.3 Ownership Pattern

All the affected 66 households incurring impact on their agriculture land comprise of

titleholders and hold legal titles to the affected land.

3.3 Impact on Income and Livelihood

Loss of income from crops lost by farmers leasing in or share cropping lands will be

compensated with one-time cash grants of Tk. 5000 per family or Tk. 2000 per decimal of

affected land, whichever is lower. Suitable candidates will also provide free training on

income generating activities and a subsistence allowance during the training period. If

necessary, access to credit facilities to start self-employment will be provided. Landowner

cultivators will cash compensation equivalent to the market value of one year’s income from

the crops.

Person engaged in wage labor in agriculture or non-agricultural sectors whose means of

livelihood have been affected by acquisition of the land or property are dependent on will be

entitled to a onetime cash grant of Tk. 5000 and priority for wage employment with

contractors and/ or training in income generating activities, as well as a subsistence allowance

during the training period. If necessary, access to credit facilities to start a self-employment

will be provided.Table 14 shows the Affected Share Cropper.Table 15 shows the affected

wage labour.

Table 14 Affected for Share Cropper

Number of share cropper No. of Days

12 7

Table 15 Affected Wage Labor

Number of wage labour No. of Days

12 7


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3.4 Project Impact on Poor, Indigenous People, Ethnic Minorities and Other

Vulnerable Groups Including Women

3.4.1 Socially Vulnerable Groups

Certain groups of population by virtue of their socio-economic realities are considered

socially vulnerable and thus in need of special consideration so that they can benefit from the

development project. These groups include:

� Those who are below the poverty line

� Those who belong to tribal groups

� Female-headed households

� Elderly and

� Disabled persons

Of the above groups, except for indigenous peoples and ethnic minorities, all the other above

enumerated vulnerable groups were identified in the project area during the course of the

census survey amongst the 66 households. The census survey identified a total of 14

households as vulnerable households and shown in Table 16.

Table 16 Vulnerability Status of Affected Households

Taking into account the socio-economic vulnerabilities of the affected households, specific

provisions will need to be incorporated in the RP to ensure that they are not marginalized in

the process of development.

3.4.2 Gender Impacts of the Project

Gender analysis was undertaken during the course of the resettlement census survey to look

into the current status and needs of the women in the study area and the potential impact of

the project. The Consultant team also interacted with Female Headed Households (FHHs)

and other women to take their views and perceptions on the project impacts. The interaction

and the resettlement survey did not bring forth any adverse gender impacts.

The project is anticipated to have direct adverse impacts on a total of 3 FHHs. All these 3

FHHs comprise of housewives. Two households shall incur impact on their agriculture land.

However, looking into their economic condition, they will now become vulnerable or

impoverished as a result of that.

Type of Vulnerability No. of Affected Households (HHs)

Below Poverty Line 5

Disabled Nil

Elderly 6

Female Headed Households (HHs) 3

Scheduled Tribes (STs) Nil

Grand Total 14 Vulnerable Affected HHs


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4.0 RESETTLEMENT POLICY FRAMEWORK & ENTITLEMENT MATRIX

4.1 Review of Relevant Legislation

4.1.1 Acquisition and Requisition of Immovable Property Ordinance II, 1982

Implementation of development projects involves acquisition and/or requisition of large tracts

of land necessitating displacement of people as well as removal of crops and trees. This

causes great hardship to the affected people economically, socially and environmentally. In

most cases, the affected people are not the direct beneficiaries of the development projects.

The acquisition and/or requisition of property laws has been considered to be harsh. In recent

years this has attracted attention of planners and sociologists both within and outside the

country. The result of this attention is that resettlement or income rehabilitation; provisions

are being associated with all land requisition measures of this Project.

The first Land Acquisition Law was enacted in 1894 and was amended and expanded a

number of times until the partition of British India in 1947. “The Acquisition and Requisition

of Immovable Properties Ordinance” enacted in 1982 (with a few amendments) is the final

version of the relevant legal framework for acquisition of land in Bangladesh.

Requisition of immovable property is made in Bangladesh under the Acquisition and

Requisition of Immovable Property Ordinance 1982. This Ordinance replaced the Land

Acquisition Act, 1894 and the East Bengal (Emergency) Requisition of Property Act of 1948.

This Ordinance is (with a few exceptions, which will be discussed later) governing all cases

of acquisition and requisition by the government of immovable property for any public

purpose or in the public interest. It may be noted that contrary to the previous Act i.e. Act

XIII of 1948 this Ordinance deals only with immovable property (Land Acquisition /

Requisition Act I of 1894 also dealt with only immovable property i.e. land).

Notwithstanding the repeal of the 1894 and 1948 Land Acquisition Acts all proceedings and

matters relating to the acquisition and requisition of property under these Acts (including

applications and appeals pending before any Arbitrator or Court) continue to be heard or

disposed of as if these Acts were still in force.

Below follows a review of the most important features of the 1982 Ordinance. Wherever

necessary, references are also made to relevant administrative regulations and instructions. In

accordance with the Ordinance, the legal process is initiated by an application from the

requiring Body, which can be any governmental or non-governmental agency.

The Ordinance covers the case of temporary requisition (in part III) of property for a public

purpose or in the public interest. With prior approval of the government the DC can decide on

the requisition of any property for a period of two years. No prior approval will however be

required in case of emergency requisition (Sec-18). But with prior approval of the GOB

requisition period may extend more than two years.


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The DC may take possession of the requisition after, serving the requisition order. The

amount of compensation will be equal to the estimated rent which would have been payable

for the use and occupation of the property if it had been taken on lease for that period plus

compensation for estimated expenses for vacating and re-occupying the property (Sec-20). If

a person is not satisfied with the amount of compensation, or there is a dispute over

ownership, the DC may deposit the money in the Public Account (Sec-21).

A person who does not accept the award made by the DC may submit an application to the

Arbitrator for revision of the award within 45 days from the date of notice of the award (Sec

28). The Arbitrator is a Government appointed Judicial Officer, not below the rank of

Subordinate Judge (Sec. 27). A decision determined by the Arbitrator is higher than that

decided by the DC. An additional compensation for delay at the rate of 10 percent per annual

may be paid (Sec 32). As per amendment of 1994 the Arbitrator cannot defer the

compensation amount more than 10 percent of the DC's Awards (Sec-31).

An appeal against the decision by the Arbitrator can be made to an Arbitration Appellate

Tribunal, which consists of a member appointed by the government from among persons who

are or have been District Judges. A decision of the said Tribunal shall be final (Sec- 34).

4.1.2 Land Acquisition/Requisition Procedures

Land acquisition/requisition requires interaction between, on the one hand, the Requiring

Body (RB), which normally is a national infrastructure development government agency,

such as the Water Development Board (BWDB), Bangladesh Power Development Board

(BPDB), etc. in the present case the BGFCL. And, on the other hand, the Acquiring Body

(AB) which normally is the Ministry of Land which delegates some of its authority to the

Deputy Commissioner at the district level or the Commissioner at the divisional level.

The division of responsibility between the Requiring Body and the Acquiring Body is in

broad terms that the Requiring Body provides the technical input and the Acquiring Body the

legal input in the land acquisition/requisition process. It is the Requiring Body which must

ensure that the project, which is the basis for the acquisition/requisition of land, is approved

by the authorities and that funds are available. The Requiring Body must also justify the need

for land and other property on the basis of field surveys including detailed engineering design

and prepare all necessary documents required for decision making. At this stage the

Acquiring Body processes the land acquisition/requisition cases including determination of

the level of compensation and payment to the concerned people. When land

acquisition/requisition is completed, the land is handed over to the requiring Body.

The legal aspects of the land acquisition/requisition process starts with the RB submitting an

application to the Deputy Commissioner with a request to borrow land for a specific purpose.

The procedures for dealing with land requisition matters are established in a Government

Memo dated October 1985. The proposal must contain the following items:


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� A Pro-forma indicating the amount of land required, a time-table for the requisition of

land and the purpose for which the land is to be borrowed;

� A Layout Plan, which shows the location of the project on a map;

� A Site Plan, showing the alignment in red ink on a Mouza map;

� A Land Schedule showing classification of land and ownership of plots to be

borrowed;

� Certificate of Minimum Requirement, issued by the Requiring Body stating that the

quantity of land proposed for requisition is the absolute minimum for a proper

implementation of the project; and

� Administrative Approval, comprising a copy of approved Project Pro-forma.

After receiving the proposal, the DC will arrange for field verification, jointly with the staff

of the Requiring Body. This includes a classification of the land to be borrowed and an

identification of trees and standing crops of value, which are involved.

The Requiring Body's application is then submitted to the District Land Allocation

Committee (DLAC) or the Divisional Land Allocation Committee (depending on the amount

of land required) for the allocation of land. The latter may in turn refer the proposal to the

Central Land Acquisition Committee (CLAC) for a decision. After clearance by the relevant

land Allocation Committee the DC issues the preliminary notice and, if required, hears

objections against the proposed requisition. If there are no objections, the DC may give the

formal approval for land requisition under the condition that the area to be borrowed covers

less than ten standard bighas. However, if there are objections and/or the requisition is above

ten standard bighas of land, the DC submits the application to the Commissioner or the

Ministry of Land for the final approval. The DC's submission shall be accompanied by the

DLAC's clearance, the DC's report on the objection petitions and information on the number

of households likely to be affected. In respect of project executed by the Upazila Parishad.

The government has authorized the Divisional Commissioner to make the final decision even

if the land to be borrowed is above 10 bighas.

After the final approval by the DeputyCommissioner (as the case may be), the case is referred

back to the DC for the assessment of compensation and the identification of the owner of the

plots to be borrowed. With the final approval to borrow land, the requiring body must place

required funds for payment of compensation with the DC. If the Requiring Body fails to do

that within sixty days from the date of receipt of the estimate for DC, for no fault of the

person interested all proceedings shall stand abated and a declaration to that effect by the DC

will be published in the official Gazette (Sec. -12).

Compensation is paid by the DC's office. There are no specific rules on where or in which

form compensation should be paid. Normally smaller amounts appear to be paid in cash

whereas larger amounts are paid by cheques to persons who are identified by the Chairman or

Members of the Union Parishad or by Gazetted Officers. In case the rightful owner of the plot

of land cannot be identified or there is conflict over ownership or the distribution of

compensation funds are deposited in the Public Account of the Republic.


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In case the person does not accept the award of compensation the person can go for

Arbitration according to the provisions of the land Acquisition Ordinance of 1982 or the

Emergency Land Acquisition Act of 1989.After payment of compensation the temporary

possession of the land is formally transferred to the Requiring Body.

4.1.3 Objection Against Requisition

An aggrieved party has the right to raise objection to the decision of the Deputy

Commissioner to borrow his property. To exercise this right the party in question will have to

refer his objection in writing within 15 days after the publication of the

acquisition/requisition notice. The Deputy Commissioner will then give the objector the

opportunity of being heard either in person or by an agent. After hearing the objection and

making further inquiry, if necessary, the Deputy Commissioner will prepare a report in this

connection within a period of the month.

In case the land/property to be borrowed exceeds 50 standard bighas, the Deputy

Commissioner will submit the record of the proceedings along with his report to the

Government (in the Ministry of Land I Property Minister) for a decision. When it is not so,

the recorded proceedings and the report will go to the Divisional Commissioner for a

decision. The decision in either case will be final.

Once decision has been made for borrowing any property the Deputy Commissioner will

serve notice in the prescribed manner to the effect that the property in question is to be

borrowed and that possession of the same will be taken and that claims to compensation by

the concerned parties can be made to him (DC). Such notice and will give detailed particulars

of the property in question and ask the concerned parties to appear before the Deputy

Commissioner in person, not before 15 days after publication of the notice, to claim

compensation according to rules. Such notice will also be served upon the occupier and all

other sharers if any of the property in question.

4.1.4 Compensation for Requisitioned Property

The Deputy Commissioner (DC), after examining the claims of compensation, will make an

award of compensation for the property. He will also divide the compensation among all

other sharers, if there is any.

Award of Compensation by DC.

(1) Where any property is requisitioned, there shall be paid compensation, the amount of

which shall be determined in the manner and in accordance with the principles set out

in the section 20.

(2) The DC shall, after giving the persons interested an opportunity of being heard in

respect of their respective interests in the property and the amount and particulars of

their claims to compensation for such interests and having regard to the provisions of

sub-section (5), make an award of:

(a) the compensation in the manner as may be prescribed; and

(b) the apportionment of the said compensation among all the persons known or

believed to be interested in the property, of whom, or of whose claims, he has

information.


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(3) The award made by the DC shall, except as hereinafter provided, be final.

(4) The DC shall give immediate notice of his award to the persons interested.

(5) The amount of compensation payable for requisition of any property shall consist of:

(a) a recurring payment, in respect of the period of requisition, of sum equal to the rent

which would have been payable for the use and occupation of the property if it had

been taken on lease for that period, and

(b) such sum, if any, as any be found necessary to compensate the persons interested for

all or any of the following matters, namely:

� expenses on account of vacating the requisitioned property;

� expenses on account of re-occupying the property upon release from

requisition; and

� damages, other than normal wear and tear, caused to the property during the

period of requisition, including the expenses that may have to be incurred for

restoring the property to the condition in which it was at the time of

requisition.

(6) Where any property is kept under requisition for more than two years, the DC shall

revise his award regarding the amount payable as compensation under sub-section

(5)(a)

4.1.5 Matters to be considered in Determining Compensation

In determining the amount of compensation, the Deputy Commissioner will take into

consideration the following factors:

• Cost of standing crops or trees on the land/property at the time of taking its possession by

the Deputy Commissioner.

• Dislocation from his other properties, if any.

• Injuries/adverse effect on his other properties or his income.

• Reasonable income of the property in between the service of notice and possession of the

property taken by the Deputy Commissioner.

4.1.6 Problems of Valuation and Compensation

The practice of not registering inherited land and property in the name of the present owner;

in combination with an outdated and disorganized land record system means that the

identification of the recipients of compensation becomes very time consuming. The imperfect

land record system also provides scope for manipulations.

In many reported cases, payment is not made in full, even if there is an agreement between

the parties. A field survey reported that nearly 90 percent of the concerned households

incurred extra legal expenses. In the assessment of land acquisition for the construction of

Jamuna Multipurpose Bridge, it was reported that the recipients had to pay the officials

around ten percent of the awarded compensation as a service charge.


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Non-payment or delayed payment of compensation is, however, not only due to a slow

functioning of the district administration. The policy of disbursing government funds for land

acquisition in three or four installments, spread out over the year, means that the district

administration may not have sufficient funds available when payment is due.

The property owners incur high transaction expenses for travelling to and from the district

office to claim the rights and to receive compensation. Objections against acquisition are

often heard and payment of compensation is normally done in the district town.

4.1.7 Time Frame

(a) Payment of compensation must be made before the authority takes possession of the

property (Ordinance 1982).

(b) Compensation must be paid or deposited within a period of one year from the date of decision of requisition. All proceedings shall stand abated on the expiry of that period (Ordinance 1982).

(c) Persons with interest or right over the property to be acquired have 10 days in the 1989 Act and 15 days in the 1982 Ordinance to submit claims for compensation.

The 1989 Act emphasizes quicker compensation by introducing the concept of provisional

compensation" which is to be determined within 10 days of the order of requisition Land can

be borrowed on payment of provisional compensation. However, the final compensation is to

be determined within three months from the date of requisition.

The administrative set up for land administration has two tiers under the Ministry of Land

Administration and Land. At the Divisional level there is an Additional Commissioner

dealing with land administration under the Commissioner. At the District level there is an

Additional Deputy Commissioner in charge of land administration. Under him there is at least

one land Acquisition Officer and several Assistant Land Acquisition Officers. The number of

officers depends on the size of the District Dhaka, as an example, has five Land Acquisition

Officers. Non-gazetted officers include Kanungos (normally two per district but more in

larger districts), surveyors, etc.

4.2 LA Act and GOB Draft National Policy

The legislative framework for the land acquisition in Bangladesh is the Acquisition and

Requisition of Immovable Property Ordinance of 1982 (Ordinance II of 1982), and the

subsequent amendments to the Ordinance. Under this Ordinance, the Government can acquire

any land, building, crop, trees and other properties on the land for any public purpose or in

the public interest. The philosophy underlying the Ordinance is that persons whose properties

are compulsorily acquired should be compensated at market/ replacement price of land and

property. Subsequent amendment in 1993 to the Ordinance increased the amount of

compensation from 25% to 50% on the assessed value of the property to match its

replacement value. Another significant amendment to the Ordinance was made in 1994 which

provides for payment of compensation to share-croppers for loss of income. The Ordinance,


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however, only recognized the titled owner(s) of the property but the non-titled users (for

example, renters and illegal occupants/ squatters) are not eligible to any compensation.

The Deputy Commissioner (DC) processes land acquisition under the Ordinance and pays

compensation to the legal owners of the acquired land. The Ministry of lands (MOL) is

authorized to deal with land acquisition through the DCs. Khas (government owned land)

lands should be acquired first when a project acquires both khas and private land. If a project

acquires only khas, the land will be transferred through an inter-ministerial meeting following

the preparation of acquisition proposal submitted to DC/ MOL.

The landowner has to establish ownership by producing a record-of-rights in order to be

eligible for compensation under the law. The record of rights prepared under Section 143 to

144 of the State Acquisition and Tenancy Act 1950 (revised 1994) are not always updated

and as a result legal land owners have faced difficulties trying to “prove” ownership. The APs

must also produce rent receipt or receipt of land development tax, but this does not assist in

some situations as a person is exempted from payment of rent if the area of land is less than

25 bighas (3.37 ha).

The Government of Bangladesh has prepared a draft national policy on involuntary

resettlement, which is consistent with the general policy of the Government that the rights of

those displaced by development projects shall be fully respected, and persons being displaced

shall be treated with dignity and assisted in such a way that safeguards their welfare and

livelihoods irrespective of title, gender, and ethnicity.

The policy on involuntary resettlement recognizes that:

▪ All those displaced involuntarily by either projects or non-project impacts like erosion

and eviction must be resettled and rehabilitated in a productive and sustainable

manner.

▪ People who are resettled must be able, through their own efforts and/ or with support

as may be required, restoring or improving upon their level of living.

▪ Cash compensation shall be paid in development projects at replacement value to

those displaced for land and other assets acquired based on established prior

ownership and/ or user rights. In addition to cash compensation and resettlement, a

benefit sharing will be considered where feasible.

▪ Cultural and customary rights of people affected by projects are to be protected,

particularly those belonging to adivasis (indigenous people) and ethnic minorities.

▪ Gender equality and equity in all stages and processes of resettlement and

rehabilitation will be fully respected.

▪ Affected persons will be informed and consulted in a transparent manner, including

formal disclosure of project impacts and mitigation measures.

▪ Vulnerable groups, including landless, adivasis, poor women headed households,

physically challenged people, elderly and falling below the nationally defined poverty

line (by the government) displaced by project or non-project impacts, are entitled to


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additional benefits and assistance in a manner that addresses their specific needs

related to socio-economic vulnerability.

▪ Similarly, affected persons and/ or businesses on government/ leased in land will be

eligible for compensation for loss of access to land and sites.

4.3 ADB Policy on Involuntary Resettlement

The Asian Development Bank’s (ADB) policies and operations manuals, in particular the

policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary

Resettlement (2003) recognize the address the R&R impacts of all the affected persons

irrespective of their titles and requires for the preparation of RP in every instance where

involuntary resettlement occurs. These ADB policies are the guiding policies to identify

impacts and to plan measures to mitigate various losses of the subproject.

ADB policy guidelines are summarized below:

� Involuntary resettlement (IR) should be avoided or reduced as much as possible by

reviewing alternatives to the project.

� Where IR is unavoidable, AP should be assisted to re-establish them and improve their

quality of life.

� Gender equality and equity should be ensured and adhered to

� AP should be fully involved in the selection of relocation sites, livelihood compensation

and development options at the earliest opportunity. RPs should also be prepared in full

consultation with AP, including disclosure of RP and project related information.

� Replacement land should be an option for compensation in the case of loss of land, in the

absence of replacement land, cash-for-land compensation should be an option available

each AP.

� Compensation for loss of land, structures, other assets and income should be based on full

replacement cost and should be paid promptly. This should include transaction costs.

� All compensation payments and activities should be completed prior to the

commencement of civil works.

� RP should be planned and implemented with full participation of local authorities.

� In the event of necessary relocation, APs should be assisted to integrate into host

communities.

� Common property resources and community/ public services should be provided to AP.

� Resettlement should be planned as a development activity for the AP.

� AP who does not have documented title to land should receive fair and just treatment.

� Vulnerable groups (households below the recognized poverty line; disabled, elderly

persons or female headed households) should be identified and given appropriate

assistance to substantially improve their living standards.


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4.3.1 Compatibility of GOB Provision and Asian Development Bank (ADB) Policy

A detailed review of the GOB Provisions and the ADB Policy on IR was undertaken wherein the

two were compared. Following the various National land laws on land acquisition & requisition,

the Draft National R&R Policy-2007, and incorporating ADB Policy on Involuntary Resettlement

(1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the

project will include the following elements:

i. The land acquisition and resettlement impacts on persons affected by the projects

would be avoided or minimized as much as possible through alternate design options.

ii. Where the negative impacts are unavoidable, the persons affected by the project and

vulnerable groups will be identified and assisted in improving or regaining their

standard of living.

iii. Information related to the preparation and implementation of resettlement action plan

will be disclosed to all stakeholders and people’s participation will be ensured in

planning and implementation. The resettlement action plan will be disclosed to the

APs in local language.

iv. Land acquisition for the project would be done as per the Acquisition and Requisition

of Immovable Property Ordinance 1982 and subsequent amendments during 1993-

1994. Additional support would be extended for meeting the replacement value of the

property.

v. The affected persons who does not own land or other properties, but have economic

interests or lose their livelihoods will be assisted as per the broad principles described

in this document.

vi. Before taking possession of the acquired lands and properties, compensation and

Resettlement & Rehabilitation (R&R) assistance will be paid in accordance with the

provisions described in this document.

vii. An entitlement matrix for different categories of people affected by the project has

been prepared. People moving in the project area after the cut-off date will not be

entitled to any assistance.

viii. Appropriate grievance redress mechanism will be established to ensure speedy

resolution of disputes.

ix. All activities related to resettlement planning, implementation, and monitoring would

ensure the involvement of women and other vulnerable groups.

x. Consultations with the APs will continue during the implementation of resettlement

and rehabilitation works.

xi. There should be a clause in the contract agreement that the construction contractor will

compensate any loss or damage in connection with collection and transportation of

borrow-materials.


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4.3.2 Comparison of ADB Policy on Involuntary Resettlement and National Policies

The comparison of ADB Resettlement Policy with National Policies is shown in Table 17.

Table17 Comparison of ADB Resettlement Policy with National Policies

ADB Policy Current National Policy and

Reference to Document or

Precedence

Involuntary resettlement should be avoided where

feasible

The same

Where population displacement is unavoidable, it

should be minimized by exploring all viable project

options

Yes, alternative placement or

alignment preferred

People unavoidably displaced should be compensated

and assisted, so that their economic and social future

would be generally as favorable as it would have

been in the absence of the project

That is the National Policy in

Bangladesh. This has been strictly

planned and being implemented in

JMBP and JBRLP projects.

People affected should be informed fully and

consulted on resettlement and compensation options

That is the view in Bangladesh

The absence of a formal legal title to land by some

affected groups should not be a bar to compensation.

In particular compensation should be paid to

households headed by women and other vulnerable

groups, such as indigenous peoples and ethnic

minorities, and appropriate assistance provided to

help them improve their status

It was not so before, but now this is

kept in view

As far possible, involuntary resettlement should be

conceived and executed as a part of the project

It was not before, but now it is kept

in view

The full costs or resettlement and compensation

should be included in the presentation of project costs

and benefits

That is the feeling now in

Bangladesh

Costs of resettlement and compensation may be

considered for inclusion in Bank loan financing for

the project

Yes, it is felt that it should be done.


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4.4 Eligibility Policy and Entitlement Matrix

4.4.1 Eligibility Criteria

All APs will be entitled to compensation and resettlement assistance based on severity

(significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance

will be limited by the cut-off date. The cut-off date for compensation under law (Ordinance II of

1982 with amendments) is considered for those identified on the project road land proposed for

acquisition at the time of service of notice under Section 3 or joint verification by DC whichever

is earlier. The cut-off date of eligibility for resettlement assistance under this RP is the

commencement date of the census which is the 2nd

July 2013. The absence of legal title will not

bar for APs from compensation and assistance.

4.4.2 Compensation and Entitlement Policy

An Entitlement Matrix has been prepared on the basis of census and socioeconomic survey

conducted in July 2013. It identifies the categories of impact based on the census and shows the

entitlements for each type of loss. The matrix describes the units of entitlements for compensating

the lost assets, and various resettlement benefits. Cash Compensation under Law (CCL) for lost

assets (land) will be accorded to the owners through the DC as per market value assessed through

legal procedure. The resettlement benefit for indirect losses and difference between replacement

value and the CCL will be paid by BGFCL directly to the APs. The entitlement matrix detailing

the entitlements for the losses is presented in Table 18 below.

Table 18 Compensation and Entitlements

Type of loss Entitled Persons(s) Entitlements

1. Loss of agricultural

land

Legal owner(s) of

land asdetermined by

the DC,

and or determined by

the court

Value of land at current market price of the

equivalent replacement land. The DC office

determines the compensation amount based

on yearly average of recorded sale value

plus 50% additional cash compensation.

Refund of registration cost incurred for

replacement land purchase at the

replacement value.

Any difference between the awarded value

and the replacement value at the cut-off-

date (on the date of issuance of notice under

section 3 of Acquisition Act, 1982) will be

paid to APs as a cash grant.

APs will be provided with all possible

assistance to identify and purchase

replacement land.


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APs severely affected by loss of agricultural

land (i.e., losing more than 20% of total

land holding) will receive a cash grant of

Tk.5000/- per decimal of concerned land,

whichever is lower. Suitable candidates will

also be provided with free training on

income employment.

2. Lose of access by

tenants/sharecropp

ers to agricultural

land for crops

production.

Farmers leasing in or

share cropping the

land that is defined to

be acquired for the

project at the time of

the socio-economic

survey.

No compensation for land.

One –time cash grant of Tk.5000/- per

family or Tk. 2000/-per decimal of

concerned land, whichever is lower.

Suitable candidates will also be provided

free training on income generating activities

and a subsistence allowance during the

training period. If necessary, access to credit

facilities to star self-employment will be

provided.

3. Loss of wags

income.

Persons engaged in

wage labor in

agriculture or non-

agriculture sectors in

the affected areas

whose means of

livelihood have been

affected.

One-time cash grant of Tk. 5000/-and

Wage employment with contractors and / or

training in income generating activities. If

necessary, access to credit facilities will be

provided to start self-employment activities.

A subsistence allowance will be provided

during the training period.

4. Loss of standing

crops

Compensation for one

year’s crop value to

crop owner

Advance notice to harvest crops.

Cash compensation equivalent to the market

value of one year’s income from the crops.

5. Vulnerable groups Members of

vulnerable groups

such as the landless,

very poor, female-

headed households or

households of the

elderly, physically

impaired or disabled

One-time cash grant of Tk.5000/- per family

Provision of a land purchase grant for

landless households.

6. Unforeseen impact Concerned impacts Determined as per policy on unique

Findings at detailed design stage


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4.5 Valuation of Affected Properties

The District Land Acquisition office takes help of relevant departments for determination of price

of land and other properties. Normally, the Public Works Department, the Forest Department,

Sub-Registrar’s Office, etc. are consulted. Land price from the Sub-Registrar’s Offices for

preceding one year from the date of serving notice under Section 3 is considered for valuation of

land. But in most cases, the price remains below the market rate. To ensure that the APs can

replace the lost property, the transacted price, recorded price, existing price and expected prices

are averaged to reach at Replacement Value (RV). For valuation of affected property, a legal body

called Property Valuation Advisory Team (PVAT), with representatives from acquiring body, and

Local Government Engineering Department (LGED) will be formed by Ministry of Power,

Energy and Mineral Resources (MOPEMR).

PVAT will representatives from the BGFCL as the Convener, and representatives from theLEGD

as the member and representative from the DC as member.A land and property valuation survey

based on the price recorded from formal and informal sources will determine the Replacement

Value (RV) of land and structure and be recommended by PVAT to MOPEMR. BGFCL will pay

the difference between RV and Cash Compensation under Law (CCL). Land purchase can’t be a

bar in playing the difference. Stamp duty and land registration fees will be paid to the AP, if

replacement land purchase is confirmed. Further, the teamwill assist in all possible ways,

including finding land for purchasing replacement land etc. After issuance of notice under section

3 by the DC and census cut-off date for non-titleholders or a similar designated date declared by

BGFCL, joint verification of the acquired properties will be carried-out by the requiring and

acquiring bodied. The Joint Verification Team records the quality and quantity of the affected

properties on the spot. A representative of the PVAT will also be present in the JVT as a member

of the team. The PVAT will computerize the Joint Verification data to be used for payment of

compensation/ resettlement benefits.

4.6 Disposal of Acquired Properties

After payment of compensation, APs would be allowed to take away the materials salvaged from

their dismantled houses and no charges will be levied upon them for the same. A notice to that

effect will be issued by BGFCL intimating that APs can take away the materials. Payment of

compensation will be made at least 1 month prior to the actual possession of the acquired

land.Further, all compensation and assistance will be paid to all APs prior to commencement of

civil works. The possession will be handed over to the contractor after payment of compensation/

assistance to the APs is completed.


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5.0 CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1 Consultation Process

Experience indicates that involuntary resettlement generally gives rise to severe problems for

the affected population and they are generally apprehensive that they will lose their

livelihoods. These problems may be reduced. People are properly informed and consulted

about the project, about their situation and preference, and are allowed to make meaningful

choices. This serves to reduce the insecurity and opposition to the project which otherwise

are likely to occur. The objectives of stakeholder consultation process are thus:

� To involve the affected people

� To avoid social litigation

� To make people aware of the benefits and risks to ensure acceptability of the project

� To identify stakeholders and to hold group meeting with the stakeholders

� The consultation will be done in phased manner.

5.2 Consultation Scope and Issues

BGFCL and the Consultant identified the concerned stakeholders depending on the land

requirement for development of wells, and processing facilities along with access road.

During the consultations, efforts were made by the survey team to:

• Ascertain the views of the APs, with reference to land acquisition and project impacts.

• Understand views of the community on Resettlement and Rehabilitation (R&R) issues

and rehabilitation options.

• Obtain opinion of the community on issues related to the impacts on community

property and relocation of the same

• Finally, to establish an understanding for identification of overall developmental goals

and benefits of the project.

Key stakeholders particularly affected persons and community, were asked for their views on

the overall project overall as well as more specific discussion about their perception on land

acquisition process, compensation process and views on alternative options. Table 19 below

sums up the key outcomes of the public consultations.


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Table 19 Summary of the Public Consultations

Participants Topics/ Issues Discussed Response/ Expectation/ Suggestions of

Participants

UP

Chairman,Member

and affected

people.

� Land acquisition

� Positive and Negative

impact on environment

� Lack of education

institution

� Employment opportunity

� Gas Supply

All the participants expressed their

willingness to contribute their land for

successful implementation of the project.

They appealed for opportunity of using

project road to go into non-acquisition

land.

5.3 Identification of Key Stakeholders

BGFCL and the Consultant will identify the potential stakeholders based on area. BGFCL

follows the principle of minimum use of agricultural land. Furthermore, all measures will be

taken to ensure no disturbance to the homestead, properties and other structures along the

sensor lines. Attempts would be taken in such a way that no people will be affected due to

socio-economic development of the gas field areas.

The detailed identity and list of APs for the gas fields will be done by BGFCL during project

implementation. This list identifies the land owner list of APs and the specific entitlement

under the provision of Land Acquisition Act of Bangladesh as well as Asian Development

Bank guideline. On identification, the stakeholders will be consulted at different location.

Based on the response of the APs, compensation would be paid, for which adequate budget

provision exists.

5.4 Feedback from Community Consultation

Consultation with the affected community was undertaken on 02/07/2013 and the feedbacks

obtained from these are summed up below:

� All the participants expressed their willingness to contribute land for successful


� They demanded for supplying gas to all residents

� They requested for employment of un-employed persons in the area according their

qualification.

� They also appealed for opportunity of using project road to go in non-acquisition land.


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Photo 1 Socio-economic Survey with

stakeholder at Malihata village

Photo 4 Consultation with stakeholder at

Budhol Union Parishad

Photo 2 Socio-economic Survey with

stakeholder at Malihata village

Photo 3 Consultation with stakeholder

at Budhol Union Parishad


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5.5 Disclosure of the RP

The process of public participation in the implementation of the RP will be assured through

consultation procedures. Consultation will be made through a Public Consultative Committee

(PCC). The PCC will be formed with the representation of relevant government agencies.

The committee will address any grievance raised by the APs within the framework of the

existing law of the country and the policies adopted by BGFCL and the guidelines of ADB.

A summary of this Resettlement Plan (RP) will be translated into Bangla and will be made

available to the affected people by BGFCL for review and comments on the policy and

mitigation measures by means of project-level Disclosure workshops prior to loan

negotiation. Copies of summary RP will also be made available at the local level public

offices to stakeholders for local inputs prior to award of civil work contract. The proceedings

of the disclosure workshop and the feedback received will be sent to ADB for review. The

summary of the final RP will also be disclosed on the ADB Website and BGFCL website.

Bangladesh Gas Fields Company Ltd. is the EA of the project and responsible for in

implementing this RP, will update, publish and distribute the booklet explaining the impact of

the project, compensation policies for APs, resettlement options/strategies for households,

and tentative implementation schedule of the project. Further steps will be taken (i) to keep

the affected persons informed about land acquisition plan, compensation policy and

payments, and (ii) to ensure that APs will be involved in making decisions concerning

relocation and implementation of the RP.

In case of change in project design thereby entailing change in resettlement impacts, are

evaluation and updating of this RP will be undertaken. The updated RP will be disclosed to

the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of

civil works contracts for the subproject. The updated RP, not just the summary will be

disclosed to the APs as well as updated on the ADB website after ADB review and approval.

5.6 Plans for Further Consultation and Community Participation

The effectiveness of the R&R program is directly related to the degree of continuing

involvement of those affected by the project. Several additional rounds of consultations with

APs will form part of the project implementation. Executive agency will be conducting these

consultations during RP implementation, which will involve agreements on compensation,

assistance options, and entitlement package and income restoration. The consultation will

continue throughout the project implementation. The following set of activities will be

undertaken for effective implementation of the plan:


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• The EA will conduct information dissemination sessions in the project area and solicit the

help of the local community/ leaders and encourage the participation of the AP’s in plan

implementation.

• During the implementation of RP and concerned BGFCL officers will organize public

meetings, and will appraise the communities about the progress in the implementation of

project works.

• Consultation and focus group discussions will be conducted with vulnerable groups like

women to ensure that the vulnerable groups understand the process and their needs are

specifically taken into consideration.

• In order to ensure participation of community a Public Consultative Committee (PCC) at

Thana (Upazila) level would be formed to supervise the compensation payment to APs.

The PCC would include representative of the Deputy Commissioner of Brahmanbaria

District, the respective Upazila Nirbahi Officer, local elected public representative of

BGFCL and representative of LGED in the area. Formation of such a PCC will be

functionally equivalent to Resettlement Coordination and Monitoring Committee

(RCMC) enunciated in the ADBs Resettlement guideline. Such committees are also vital

for enunciated in the project monitoring and implementation take place effectively and

that monitoring can provide feedback into project implementation.

• The PCC will supervise payment to APs which will include membership of AP

representatives. The PCC will visit points geographically close to APs for payments of

compensation.

• In addition, regular update of the program and resettlement component of the project will

be placed for public display at the project offices.

• Lastly, participation of APs will be further ensured through their involvement in the

Grievance Redress cell.

Lastly, EA through project office will maintain ongoing interactions will APs to identify

problem and undertake appropriate remedial measures


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6.0 INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION SCHEDULE

6.1 Introduction

This chapter deals with the main tasks and responsibilities of the institutions in planning,

negotiating, consulting, approving, coordinating, implementing, financing, monitoring and

evaluating land acquisition and resettlement. The responsible institutions are the Executing

Agency, Deputy Commissioner’s Office, Donor Agency, etc. In fact, these institutions will be

required to work jointly and in close cooperation with each other. Given the emphasis on this

cooperation and integration, development of an effective institutional framework is a must.

BGFCL will be the Executing agency (EA) of this project, DC and LAO will constitute legal

body who, on behalf of the Govt. will undertake the process of land acquisition and facilitate

implementation of the RP.

6.2 BGFCL

BGFCL will be the Executing Agency for the project, a Project Implementation Unit (PIU)

headed by a Project Director, at the head office that will be responsible for the overall

execution of the project.

The task/ responsibilities of the Project Director of BGFCL will include the following:

� Project planning and making provision of RP budget

� Review of RP report and making comments on the report

� Maintaining liaison with the different concerned Govt. Officials, donor agency and

the consultants

� Supervision of the tasks of the resettlement implementation committee

� Transfer of fund to the Deputy Commissioner (DC) in due time for meeting

acquisition compensation cost

� Contribute to the works of Public Consultative Committee (PCC)

� Motivation of APs

The Project Director would be in charge of the land acquisition and resettlement

management. He/ she will work in close coordination with the respective field-based offices

on day-to-day activities of the resettlement implementation. The PD through the field offices,

LA Office will execute and the LA and RP implementation work. He/she will also ensure

coordination between the relevant departments, the GRC, RAC, PVAT and the project

affected people (APs).


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6.3 Other Agencies Involved in the Process

6.3.1 Deputy Commissioners (DCs)

The DCs have the power to acquire land and to assess compensation of property thus

acquired. The 1982 Ordinance provides the power to the DC, who conducts the acquisition

through the Land Acquisition Officer (LAO) of concerned districts. The LAO (or his/her

officers) along with BGFCL staff will conduct joint physical verification of property on the

land in accordance with the Land Acquisition Proposal (LAP) to be submitted by BGFCL as

soon as the detailed design and alignments for the projects interventions will be available.

The DC office is responsible for the entire acquisition process from notification to affected

households to award of compensation to owners of property and payments of compensation.

Upon fulfillment of criteria of the LA office (i.e. necessary documents to make payment) the

LA officials will prepare cheque and disburse to the EPs. If possible the LAO will disburse

cheque in the concern Union Parishad office in presence of the UP Chairman issuing prior

notice to the concern EPs. BGFCL shall liaise with DC office to complete the land

acquisition process in a timely fashion. However, the LAO will prepare estimates of LA and

request placement of fund from the BGFCL. The LAO will also share the award and payment

date with the BGFCL field office to facilitate processing of resettlement data.

6.4 Grievance Redress Mechanism

Grievance Redress Mechanism will be established to ensure stakeholders participation in the

implementation process. Through public consultations, the APs will be informed that they

have a right to grievance redress from the BGFCL. The APs can also call upon the support of

the RP Implementing committee engaged to implement the RP to assist them in presenting

their grievances or queries to the GRC. Other than disputes relating to ownership right under

the court of law, GRCs will review grievances involving all resettlement assistances,

relocation and other supports. Grievances will be redressed within a month from the date of

lodging the complaints.

The GRC will be formed Union level for any grievances involving resettlement benefits,

relocation, and other assistance. The GRC for each Union will comprise of the Project

Director BGFCL, RP implementing committee, one Local Elite, one representative of APs

and a legal Advisor as Observer to extent legal support to the committee.

The GRCs will be formed and activated during land acquisition process to allow APs

sufficient time to lodge complaints and safeguard their recognized interests. Where land

acquisition will not be involved but relocation of structures or vacating land from cultivation

will be required, the GRCs will facilitate resolution of complaints regarding categorization of


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39

vulnerable affected persons, types of structures and eligibility for compensation and

assistance within the set guidelines and provisions of the resettlement plan. Any complaints

of ownership or other suits, to be resolved by judiciaries system, will not be resolved in

GRCs.

The Grievance Redress Committee (GRC) to be formed will be similar to Public Consultative

Committee (PCC). In effect, the resettlement consulting organization will work closely with

the APs to identify the grievances and redress the same in consultation with other members of

the committee as well as the APs. The activities of grievance redress will be monitored by the

organization monthly. While the detailed Organogram of the BGFCL is encloses herewith as

Figure2the Organogram of the office of Deputy Commissioner is presented below as

Figure3.


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Figure 2 Organogram of Bangladesh Gas Fields Company Ltd. (BGFCL)

MANAGING DIRECTOR

General Manager (Planning

& Development)

Project Director

Project Engineer

(Seepage &Work

over)

Project Engineer

(Drilling)

Project Engineer

(Process)

Project Geologist

General Manager (Planning &

Development)

MANAGING DIRECTOR

Deputy Manager

(Work over)

Deputy Manager

(Drilling)

Assistant Manager

Assistant Manager Assistant Manager

Manager

(Coordinator) Project Accountant

Project Materials

Coordinator

1XComputer Operator

1XClerk

3XDriver

4XAttendant/Record keeper


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Figure 3 Organogram of the Office of the Deputy Commissioner (DC)

Deputy Commissioner

(DC)

Additional Deputy

Commissioner

(ADC) General

Additional Deputy

Commissioner

(ADC) Revenue

Additional District

Magistrate (ADM)

Additional

Deputy

Commissioner

(ADC)

Revenue

Land Acquisition Officer

(LAO) General


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7.0 RESETTLEMENT COST ESTIMATE AND BUDGET

7.1 Cost Estimates

The estimate for land acquisition by the DC will be prepared by his/her LA section and

placed to BGFCL for transfer of the fund to the account of the DC. The additional benefits as

per the policy will be paid directly by the EA. However, the Implementing Committeewill

assist BGFCL to assess the quantity of losses and the eligible persons for resettlement

benefits and prepare a resettlement budget. BGFCL will approve the budget and arrange

payment of additional compensation and resettlement grants to EPs.

The project office BGFCL will ensure that the land acquisition and resettlement budgets are

delivered on time to the DC and the resettlement account of the field office of BGFCL.

BGFCL will also ensure that the RP is submitted to ADB for concurrence, and that fund for

compensation and entitlement under the RP are fully provided to APs prior to the award of

the civil work contact.

The methodology for assessing unit compensation values of different items is as follows:

� Land to be valued at replacement cost based on land sales survey during

implementation of RP. Advanced tax will be deducted at time of paying

compensation, applicable as per law.

� Annual crops will be valued at highest market rates. One round the year production

from agricultural land will be considered for crop compensation.

The valuation survey registered recent current crop sales at markets and was based on AP and

community consultation (including relevant local government agencies). The conclusion of

the survey is that in most cases the actual transaction values are higher than the values

officially documented and registered.

7.1.1 Land Cost

The project will not involve relocation of any persons as the most of the land are agricultural

lands. The rate of land by type is estimated based on last 12 months average. The

compensation rate along with cost of compensation is given in theTable 20.

Table 20 Value of land of Chhatian, Malihata, Jangilsar, Suhilpur and Sarail

Mouza According to Market Rate, based on Rate of LA Department, Brahmanbaria

Mouza Agricultural land (per

decimal) rate as per

market survey in Tk.

Land Cost (per

decimal) with 50%

premium in Tk.

Amount

of land

(decimal)

Amount in

(Tk.)

Chhatian (Bodul) Tk.74,000 Tk.111,000 320.5 35575500

Malihata (Bodul) Tk.74,000 Tk.111,000 342.2 37,984,200

Jangilsar (Bodul) Tk.74,000 Tk.111,000 88.25 9,795,750

Suhilpur

(Suhilpur)

Tk.90,000 Tk. 135,000 132.4 17,874,000


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Sarail (Sarail) Tk.95,000 Tk. 142,500 616.0 87,780,000

Total land area in decimal proposed for

acquisition

1,499.35 189,009,450

Total Cost in Tk. Eighteen crore ninety lac nine thousand four hundred fifty only.

7.1.2 Compensation for Tenant Farmers

There are 12 households who are sharecropper need to be compensated. In keeping with the

provisions entailed in the Entitlement Matrix, The tenant will be paid compensation at a rate

of Tk. 5,000 per household or Tk. 2,000 per decimal whichever is lower. The Compensation

for Tenant Farmers is shown in Table 21.

Table 21 Compensation for Tenant Farmers

Number of share cropper Assistance per household Amount (in Tk.)

12 5,000 60,000

7.1.3 Training for income generating activities

Trainings for undertaking income generation activities will also organize for the sharecropper

tenants. Seven day training with daily allowance of Tk. 2000 will be organized for the 12

tenants. The cost of training of tenants is detailed in Table22 below.

Table 22 Training for Share Cropper

Number of share

cropper

No. of Days Rate (L.S) Amount (Tk.)

12 7 2,000 168,000

7.1.4 Training for income restoration of wage labour

Trainings for undertaking income generation activities will also organize for the sharecropper

tenants. Seven day training with daily allowance of Tk. 2,000 will be organized for the 12

tenants. The cost of training of tenants is detailed in Table 23 below.

Table 23 Training for Wage labour

Number of wage

labour

No. of Days Rate (L.S.) Amount (Tk.)

12 7 2,000 168,000


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7.1.5 Assistance to Vulnerable Group

119. Additional financial assistance of Tk. 10,000 shall be extended to a 14 vulnerable

affected households identified during the census survey and is shown in Table 24.

Table 24 Financial Assistance to Vulnerable Group

Number of Vulnerable

households

Rates (L.S) Amount (Tk.)

14 Vulnerable Affected HHs 10,000 140,000

7.1.6 Compensation for Loss of Agricultural Income from Trees and Crops

This category of impacts includes standing trees on affected private and public lands. In the

case of privately owned land, the affected family will be the entitlement beneficiary and in

the case of public land, the concerned Government agency or the socially recognized owners

will be entitled to receive the compensation. In all cases the beneficiary will be entitled to

cash compensation equivalent to one year's income for crops at the current market price.

However, in the proposed project locations there are no trees so no compensation will

require.

7.2 Budget

Based on the above costs, a budget provision has been made to cover all land acquisition,

compensation, and rehabilitation costs for the project. The budget provision was made in the

Project Proforma in the amount of Tk. 196 million. In estimating land acquisition cost, last

one year’s average sale rates of different types of land in the project jurisdiction were

collected from the concerned sub-registry offices. These rates are 50% as per GoB policy of

involuntary resettlement (compulsory nature of acquisition) as detailed in the last column of

the entitlement matrix. This is to mention here that cost of other items have also been

estimated of the RP budget at per present rates is presented in Table25.

Table25 Summary Resettlement Budget

Resettlement Cost Items Cost in Taka

Loss of income of share croppers 60,000

Training cost of share croppers 168,000

Training for income restoration 168,000

Compensation for Vulnerable 140,000

Crop Compensation for one year 60,000

Fees for External Monitoring 200,000

Tenant farmer 60,000


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Land Acquisition (LA) Cost with Premium 189,009,450

Miscellaneous expenses for land acquisition @ 3% 5,670,284

Total in word in Tk. Nineteen crore fifty five lac thirty five

thousand seven hundred thirty four only

19,55,35,734

All types of compensation payment against land acquisition and others will be disbursed as

soon as possible.


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8.0 IMPLEMENTATION SCHEDULE

8.1 RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 Year Period commencing

after loan approval. As part of advance actions following loan negotiations, the EA will

establish the project office, appoint implementation committee for resettlement

implementation and establish GRC.

Apart from this, the M&E consultants will be engaged at the time of the commencement of

the land acquisition process. All compensation and other assistances1will be paid to all APs

prior to commencement of civil works.

The implementation schedule will be finalized considering possible changes of events during

the project implementation period after detailed design of the project.

8.2 Implementation Schedule

The itemized activities of the Resettlement Plan (RP) will be scheduled to meet the legal time

frame and timely implementation of the Project work. Land acquisition or borrowing is an

essential part of project implementation. A project having sufficient lead time between fixing

project alignment and actual start of construction does not face any difficulty in borrowing

land. The procedure of land acquisition as well as resettlement in Bangladesh is presented in

this chapter.There are few pre-requisites to be completed before going into the process of

land acquisition.

• Pre-requisites:

• approval of project document like DPP/TAPP

• approval of project plan

• approval of land plan and land schedule

• administrative approval of land requirement from the ministry, and

• budget provision for land acquisition.

When these pre-requisites are fulfilled a step-wise of land acquisition process is followed:

• Step-wise land acquisition process

• submission of land acquisition proposal by the requiring body to the Deputy

Commissioner

• holding District Land Acquisition Committee meeting and providing land allocation


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• serving Notice under Section 3 to the affected persons

• joint verification

• serving notice under Section 6 to settle any dispute

• estimation of jointly verified property for cost compensation and informing requiring

body

• acceptance of estimate of cost compensation placement of fund to the Deputy

Commissioner by the requiring body

• serving Notice 7 by the Deputy Commissioner to the affected land owners for

disbursement of compensation

• disbursement of compensation as per estimate to the affected persons.

• giving possession of land to the requiring body.

This whole process takes about 12 months time. The steps of land acquisition process are

given below: The joint verification will finalize:

i) ownership of the plot;

ii) area of the plot with classification, and

iii) installations and vegetation on the plot

a) housing with type, size, materials used etc.

b) shops, business unit, rural industry etc.

c) tube wells, latrines etc.

d) standing crops with types and covered area, and

e) standing trees with types and number and sizes.

Final approval of acquisition will then be obtained from the DC if the land requirement is

equal or less than 50 bighas (1,650 decimal). On the other hand, if the requirement of land is

over 50 bighas, the approval will be given by the office of the Prime Minister processed

through the Ministry of Land. After obtaining approval of acquisition from the appropriate

authority, notice under Section 6 will be issued and time allowed for final hearing of any

dispute or objection is 30 days. Simultaneously, estimate of the cost of acquisition will be

done as per set rules and approved rates of items and submitted by DC office to the requiring

body. Upon receipt of the estimate from DC office, the requiring body will examine the

estimate and get the estimate sanctioned by the appropriate authority. Notice under Section 7

is then issued after the acceptance of the assessment by the Requiring Body and time allowed

for placing funds with DC office is 60 days. On receipt of the fund from the requiring body,

DC office starts paying the affected land-owners as per estimate items and cost and give

possession of the required land to the requiring body. After placement of fund compensation

will be given to the project affected persons one month before the appraisal and the field

development activities.

Enviro Consultants Ltd. (ECL) has been engaged to make a detailed assessment of the losses

to property, crops, and prepare detailed RP. The team of experts consisting of an


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Environmentalist, Sociologist, and other disciplines, along with BGFCL personnel were in

the field to collect necessary data. Land acquisition including payment of compensation will

be completed before taking possession of the land. Compensation for damages of crops due

to acquisition of land will be paid as per Bangladesh law and ADB guidelines during the

survey phase of the Project, which involve digging for placing of explosives. A committee

will be form to facilitate in the implementation process of the RP.

8.3. Pre-requisites of a Successful Implementation of RP

A successful implementation of the Resettlement Plan (RP) has three main pre-requisites.

First, there is a need of a clear understanding of the tasks involved, their sequencing in time

and linkages with each other. Second, there has to do a well-conceived organization set up

with well-learned and efficient staff to carry out various tasks. Third, there is a need for a

carefully prepared time schedule (i.e. work plan) synchronizing resettlement/acquisition with

civil works.

8.4. Temporal Parameters of the RP

There are three important dates that need to be kept in plan in developing the implementation

schedule of the RP in order to achieve the objectives and synchronize it.

8.4.1 Date of Start of Implementation

The implementation process formally starts when the RP is agreed upon between the GoB

and the Asian Development Bank. It is expected that this will happen sometime by the

beginning of December 2013.

8.4.2 Date of Vacating the Work Site

The work site will need to be cleared off and handed over to the civil work contractors for

digging of spot holes which is free from all encumbrances on and from January, 2014.

The nature of works are such that the land to be taken permanently. Access to the well sites

and process plant areas will remain restricted. Only authorized person can access for

operational purposes.

8.4.3 Date of Completion of the Acquisition and compensation Process

The process of acquisition, which in a broader sense, includes economic rehabilitation. The

need for monitoring these impacts and undertaking appropriate corrective measures in terms

of grievance redress will be felt more intensely during this period, which should last at least

six months from the time of acquire. Assuming that the total process will completed at the

end of June 2014.


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9.0 MONITORING & EVALUATION

9.1 Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order

to ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a

periodic assessment of planned activities providing midway inputs. It facilitates change and

gives necessary feedback of activities and the directions on which they are going, whereas

evaluation is a summing up activity at the end of the project assessing whether the activities

have actually achieved their intended goals and purposes. In other words, M&E apparatus is a

crucial mechanism for measuring project performance and fulfillment of the project

objectives.

Day-to-day monitoring of RP implementation and impacts shall be the responsibility of the

Project Director. A committee may be established by BGFCL will conduct field level

monitoring and assess and report on the daily operation of land acquisition and resettlement

activities. The range of activities and issues that will be monitored will include:

� the process of information dissemination and consultation with APs

� number of persons affected by category of loss

� valuation of assets at replacement value

� delivery of compensation at replacement cost for lost assets and rehabilitation

measures according to entitlement

� grievances made and settled

� clearance of project sites and coordination with civil works and

� identification of problems and corrective measures implemented or required

The benchmark for project level monitoring will come from the census and inventory of lost

assets data and the baseline socio-economic survey. The mechanisms to be used in the field

level monitoring include:

� Review of AP files and pre-project baseline data on APs

� Informal survey of APs

� Identification and selection of an appropriate set of indicators for gathering and

analyzing information on resettlement impacts

� Key informant interviews

� In-depth case studies to investigate special issues, and community/public meetings

The monitoring will commence with commencement of the project implementation and shall

continue throughout the implementation of the project. The Executing Agency (EA) for the

project is responsible for organizing and resourcing monitoring and evaluation efforts.


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9.2 Monitoring at EA Level

The EA usually has full responsibility for internal monitoring. Monitoring takes place against

the activities, entitlement, time frame and budget set out in RP. The record system is

supplemented by periodic survey designed to measure change against the baseline established

during the initial and survey work. The periodic survey focuses on the receipt of entitlements

by people affected based on benefits indicators.

Monitoring indicators will be selected to address specific contents of the activities and

entitlement matrix. Sample monitoring indicators from which indicators can be developed

and refined according to the circumstances. The indicators will relate to rehabilitation and

compensation for land loss as no relocation will be needed may include:

� Have all the APs properly identified

� Have the resettlement officers received the scheduled fund

� Have the fund been distributed for RP

� Have all land have been given possession in time

� Have all social preparation has take place

� Have the APs used grievance redress procedure

� What was the outcomes of grievance redress

� How the grievances were resolved

� Have all APs received payment a per resettlement matrix on time; and

� Have income restoration activities being implemented.

9.3 Reporting Requirements

9.3.1 Plan for Internal Monitoring

The internal monitoring is often based upon a card system kept in the monitoring office

recording the entitlements due to and received by each affected household. The card system

can be manual or computerized.

During the implementation phase, the assigned person from the organization tighter with the

project appointed organization, if needed, will prepare monthly reports on the progress of

resettlement activities and forward copies of the reports to the Donor. A format for

resettlement implementation monitoring has been devised (Table 26) for monthly monitoring

and data collection by field officials. BGFCL will prepare a post-resettlement evaluation

report at the end of the project activity. The report should provide evidence whether adverse

effects of the project have been mitigated adequately or at least pre-project standard of living

and income have been restored as a result of the RP.


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Component Unit

Total

Completed

%

Cumulative

Achievement

Progress During

Reporting Month

Status &

Remark

1. Resettlement

Preparation:

-Identification of APs

-Group meeting with

APs

-Compensation for crop

2. Payment of

Compensation

Land:(agriculture/home

stead)

Compensation for crop

3.Grievance

resolution

Grievance redress cases

Grievance redress

outcome

Resolutions of GR

4. Income Restoration

Activity

Income restoration

grant

9.3.2 Plan for External Monitoring

The EA will established a committee including local government and elected representative

to ensure complete and objective information. Post-evaluation of resettlement is an integral

part of the project cycle. Independent evaluation can be done by an outside research or

consulting agency.

The key tasks during external monitoring will include:

� Review and verify the internal monitoring reports prepared PIC

� Review of socio-economic baseline census information of pre-displaced persons

� Identification and selection of impact indicators

� Impact assessment through formal and informal surveys with the affected persons

� Consultation with APs, officials, community leaders for preparing review report


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� Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing

lessons for future resettlement policy formulation and planning

Post-Resettlement Evaluation: Six monthafter completion of all RP activities, the project

appointed organization/ or the organization itself in case of small number of cases, Shall

carry out an evaluation of resettlement to assess the effectiveness, impact and sustainability

of entitlements, and to learn strategic lessons for future policy formulation and planning.

9.4 Time Frame and Reporting Requirements

During the implementation phase, the executive committee will prepare monthly reports on

the progress of resettlement activities and forward copies of the reports to the Donor. A

format for transfer of land implementation monitoring has been devised for monthly

monitoring and data collection by field officials (Table No. 27). BGFCL will prepare a post-

transfer of land evaluation report at the end of the Project activity.

Table27 Monthly Progress Report Format for Resettlement Monitoring

Component Unit

Total

Completed

%

Cumulative

Achievement

Completed Progress During

Reporting

Month

Status &

Remarks

1. Land

Acquisiti

on for

RP

2. Payment of

Compensation

: for crops

damage

1 final bgfcl report (r) · resettlement plan (rp) for drilling of 4 new wells (titas # 23-26) and...

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