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Andhra Pradesh Rural Poverty Reduction Project

Operational Manual

Increasing the Rural Poor’s Access and Rights to Rural Land

12th December 2002

Society For Elimination of Rural Poverty Department of PR & Rural Development

Government of Andhra Pradesh III Floor, Summit Apts. Hyderabad 500004

Andhra Pradesh

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APRPRP Operational Guidelines: Increasing the Rural Poor’s Access and Rights to

Rural Land

Context

In India, where over 70% of the total population and 80% of the poor live in rural areas, land is central to livelihoods. Landlessness is the best predictor of poverty in India. Landlessness is more closely linked with poverty than is illiteracy or membership in a Scheduled Caste or Scheduled Tribe. In rural areas, land is a crucial source of income, status, credit, wealth, and risk insurance. Andhra Pradesh is no exception. Poverty and inequity in rural Andhra Pradesh are centrally linked to land ownership. Although land is the most important asset for a rural household, approximately 10% of rural households in Andhra Pradesh are absolutely landless and another 36% own less than ½ acre of land. Only 6% of rural households in Andhra Pradesh own more than 5 acres of land.

Increasing the rural poor’s access and rights to land is vitally important. Policy discussions on enhancing employment opportunities in rural areas tend to focus on developing non-farm sector opportunities. Over the long-term, the non-farm sector will play an important role in providing the majority of rural employment opportunities. In the near term, however, obtaining land ownership—even of a small amount of land—can play a crucial, incremental role in helping the poorest rural households to achieve food security, increase income, effectively utilize labor (their most plentiful asset), augment wealth and status, access credit, and insure against risk.

Andhra Pradesh has adopted substantial legislation and introduced numerous government schemes aimed to provide land to poor rural households. The overall experience has been characterized by some success, but also a significant degree of failure, much of it due to incomplete or ineffective implementation. The key point here is that the existing laws and programs still offer significant scope for linking land with the landless. Government officials with substantial grass-roots, land revenue department experience reveal that concentrated efforts to fully and effectively implement existing laws and programs could substantially enhance the rural poor’s access and rights to rural land. (Specific examples are discussed in section I.A., below.)

General Description: APRPRP Activities to Link the Rural Poor with Land The Andhra Pradesh Rural Poverty Reduction Project (APRPRP) includes an emphasis on increasing the rural poor’s access and rights to land. The activities fall under two categories:

(1) Active convergence of the project implementing agency, Society for Elimination of Rural Poverty, with the relevant state government departments to effectively implement existing laws and programs that offer potential for increasing the rural poor’s access and rights to land; and

(2) Enabling landless households to purchase land from willing sellers under the project’s Community Investment Fund (CIF).

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The operational guidelines consist of two major sections. The first section relates to convergence activities with the relevant state government departments. The second section relates to land purchase activities under the CIF component.

I. Convergence Activities with Revenue Department A. Potential for Using Existing Laws and Programs In Andhra Pradesh, as in most Indian states, the state government has adopted various laws, policies, and government schemes for linking the rural poor with land. The primary means of distributing lands to poor households has been through the assignment of government-owned land (Andhra Pradesh Assigned Lands (POT) Act, 1977) and the distribution of ceiling-surplus land through land reforms (Andhra Pradesh Land Reforms Act, 1973).1

Evidence from certain village studies as well as anecdotal reports from knowledgeable government officials indicate that focused and determined efforts to fully and effectively implement existing legislation and programs could significantly enhance land access and rights for large numbers of rural poor. Some illustrative examples of less than effective implementation are discussed below. All such cases provide potential for further enhancing the rural poor’s access and rights to land.

1. Government-Assigned Lands

In certain cases, land was “assigned” on paper, but the assignees never received physical possession of the land. In some of these cases, the original assignees have expired and their heirs do not even know that the land has been “assigned” to their ancestors.

In other cases, assignees of government land have received physical possession of land, but have never received the land documents (pattadar passbooks and title deeds).

In some villages, there are significant amounts of unassigned government lands that can still be assigned.

There are numerous documented cases of assigned government land being in the illegal physical possession of the non-poor. This may have resulted from government assignment to an ineligible beneficiary. In such cases, the government has the power to cancel the assignment and re-assign the land to poor households.

Possession of assigned lands by the non-poor can also result from illegal encroachment by adjacent landowners and from illegal and often distress transfers by the assignees. The government has adopted legislation to address both the illegal encroachment problem (Andhra Pradesh Land Grabbing Prohibition Act, 1982) and the illegal, distress transfers of government-assigned land (Andhra Pradesh Assigned Lands Prohibitions of Transfers Act, 1977). Both Acts allow the government to

1 Government statistics indicate that government, since 1969, has assigned 4,246,000 acres of government land (wastelands) to 2,924,000 households and 581,568 acres of ceiling-surplus land to 534,603 households.

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provide possession back to the original assignee. However, actual implementation of these laws has not been encouraging. As a result, significant areas of government-assigned lands are still in the enjoyment of the non-poor.

2. Ceiling Surplus Lands

Approximately 140,000 acres of identified ceiling-surplus land are locked up in litigation and not available for the landless poor.2

At the field level, landlords or their agents often still remain in possession of land that has been distributed on paper to the landless poor.

3. Inam Abolition Act

Inams are gifts that past rulers have bestowed upon certain persons or institutions, sometimes for a service rendered. Inams Abolition Acts were adopted for the two regions of Andhra Pradesh in the 1950s.3 The objective of these acts was to abolish most inams and convert them into either government land or private land. Tenants or other legal occupants were to be given occupancy or ownership rights after an adjudication process. Large tracts of inam lands--even whole inam villages--have yet to be adjudicated. In many cases, poor persons are cultivating the land, but without the benefit of legal land documents and, thus, institutional credit.

4. Common Property Resources

Considerable amounts of land have been set apart for community purposes such as grazing, gathering, and water use. Studies document the substantial extent to which poor local households often rely on these CPRs. Yet, many of the CPRs have been captured by the elite through encroachment or other illegal means. Existing legal and administrative means for providing poor households effective usufruct rights to CPRs have not been fully exploited.

5. Lands Acquired by Government Departments or Public Sector Companies

Government departments and public sector companies often acquire land for a particular purpose, but the leave such land unutilized for long periods of time. For example, the Irrigation Department typically acquires land up to the highest flood level contour even though submergence rarely occurs up to the highest contour. Public sector companies often acquire large tracts of land for future projects which then are delayed for years or even decades, leaving the land unutilized (or subject to encroachment or elite capture). Such cases offer opportunities for the government to give short-term rights on such land to the landless poor. B. Project Staff Support Envisaged For working on land issues in tandem with the relevant state government departments, the Society for Elimination of Rural Poverty (SERP) proposes to hire and use project staff at the district, mandal, and village level.

At the district level, SERP plans to hire the services of at least two persons, as required: a retired revenue official (Deputy Collector/Tahsildar who is well-versed in 2 Including more than 50,000 acres under litigation in Primary Tribunals, 35,000 acres in Appellate Tribunals, 40,000 acres in the High Court, and 14,000 acres in the Supreme Court. 3 These acts are the Andhra Pradesh (Andhra Area) Inams Abolition and Conversion into Ryotwari Act, 1956 and the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955.

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the land matters of the district) and an experienced agricultural economist who can provide guidance on the preparation of farm budgets, investment plans, and other economic matters.

At each mandal level, a project person, preferably with a revenue department background, to be complemented by the necessary economic skills as needed, coordinates this activity.

At the village level, the project will identify 2-3 activists from the village who will be trained in map reading, reading of revenue records, and identifying specific types of lands and land problems.

C. Government Order to Direct Convergence Activities The Government of Andhra Pradesh will soon issue a Government Order directing revenue department officials and other district authorities to work in tandem with SERP on efforts to increase land access and rights for the rural poor. This Government Order will provide the framework for the convergence activities of SERP and the relevant government departments.

The GO is expected to include the following text:

The Government desires that the Department of Revenue and Society for Elimination Of Rural Poverty work in close coordination, right from the state level to village level to achieve the following objectives:

? Ensure physical possession of the lands to the poor people who have legal titles.

? Ensure legal rights over the lands which are in possession of the poor, including incorporation in all revenue records.

? Ensure legal ownership and physical possession to the poor over all the lands which are assignable.

? Settlement of the Inam lands. ? Settlement of the cases involving land reforms or land assignment in the

various revenue courts. ? Purchase land for the poor as per the guidelines formulated wherever

required. Institutional Arrangements for Convergence: The Departments of Revenue, Panchayat Raj &Rural Development, Social Welfare and the Society for Elimination of Rural Poverty shall work in close coordination to achieve convergence and integration.

In order to bring about effective convergence of the organisations/departments mentioned above, the government constitutes the following committees: State Level Committee: At the state level, there will be a committee on the land issues of the poor under the chairmanship of the Chief Commissioner of Land Administration (CCLA). The members of the committee are shown in Annex 1. The committee will meet as often as needed, and at least once in a quarter. The committee will appraise the progress in achieving convergence and also the progress in linking the poor with their lands to the State level Mission for Poverty Eradication.

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Functions:

1. Review the inter-organizational coordination and integration. 2. Review the guidelines to achieve convergence and integration. 3. Review the implementation of convergent approach as well as the actual

progress made in filling the gaps in achieving land linkages to the poor. 4. Review the Revenue Acts and BSOs on entitlements of the poor vis-a-vis

land and recommend modifications if any, required for more effective implementation.

5. Review the progress made in land purchase. 6. Review the progress made in the number of poor families being given

physical and legal access to land. District Level Committee: At the district level, the convergence committee will be under the chairmanship of the Joint Collector who is the Collector for revenue , with the Project Director (PD) APRPRP as member-convenor. The composition of the Committee on convergence is shown in Annex 1. The District Committee from time to time, as specified, shall send reports of progress to the State-level Committee. Functions:

1. Identify the land issues in the district 2. Prepare a time bound action plan for linking land with the poor. 3. Conduct a physical inventory of lands. 4. Inducting the poor into the lands assigned to them. 5. Complete survey and subdivision work both on land and on record. 6. Complete mutation in the relevant revenue records. 7. Complete issuance of Pattadar passbooks. 8. Complete settlement of Inam lands. 9. Review the progress in the land purchase scheme

The District Committee shall review the work of the mandal teams every month. It will also prepare a month wise action plan.

Sub-division Level Committee: At the revenue sub division level, the convergence committee will be under the chairmanship of the Sub Collector/Revenue Divisional Officer. The composition of the committee is shown in Annex 1. Functions: At the sub-divisional level it shall be responsible for :

1. Preparing a time bound action plan for linking land with the poor 2. Conducting physical inventory of lands 3. Inducting the poor into the lands assigned to them. 4. Completion of survey and subdivision work both on land and on

record. 5. Completion of mutation in the relevant revenue records. 6. Completion of issue of Pattadar passbooks. 7. Complete settlement of Inam lands.

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8. Settlement of border disputes with the forest 9. Review of land purchase scheme

The sub divisional Committee shall review the work of the mandal teams every month. It will also prepare a month wise action plan.

Mandal Level Committee : At the mandal level, there will be a mandal committee on convergence with the Mandal Revenue Officer as the chairman and the Assistant Project Manager, APM (velugu) ,member-,convenor. The Composition of the Mandal Level Committee is shown in Annex 1.

Functions : 1. Prepare a time bound action plan for solving the land issues. 2. Form teams of revenue, survey, SERP officials and NGO functionaries

to conduct a physical inventory of lands. 3. Oversee conducting of Grama sabhas by the teams formed above, and

elicit from the public the land issues in the villages and list all such cases.

4. Oversee the physical verification by the teams--on ground and in revenue records--the veracity of the claims listed above.

5. Prepare a time-bound plan of action to solve problems listed above. 6. Review the progress of the teams in each of the steps above.

II. Land Purchases Under the CIF Component

A. Objective To provide access and secure rights to productive land for the landless poor.

B. General Description

Groups of poor rural persons, with the support of technical assistance and funds from the project will purchase agricultural land being offered for sale by willing sellers that is either productive or potentially productive. All proposals must include a plan for the development and use of the land which gives sufficient detail to facilitate:

(i) computation of the financial rates of return to the proposed investments;

(ii) assessment of the cash flow beneficiaries are expected to receive, the financial sustainability of the investment, and the return to their labor which beneficiaries will receive in comparison to their pre-project income;

(iii) comparison of expected land productivity after the project to the pre-project use of the land; and

(iv) basic sensitivity analysis and discussion of the risks to achieving the project goals and mitigating measures.

This development and use plan may include a funds request for land improvement, technical assistance, inputs and working capital.

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The project funds, which cannot exceed the ceiling per beneficiary household fixed by the project, will be transferred initially in the form of a grant from the DPMU to a Village Organization (VO, a community-based organization comprised of multiple self-help groups--SHGs) or a Mandal Samakhya (MS, a federated group of VOs). The VO (or MS) will pass at least 75% of these funds on to beneficiaries as a grant. The VO (or MS) will pass the remaining 25% of these funds to the beneficiaries in the form of:

(i) a grant;

(ii) a loan to be repaid into a revolving fund at the local level; or

(iii) some combination of a grant and loan.

The beneficiaries own contribution (in money, labor, and/or kind) to the project must amount to at least 30% of the total project cost, up to two-thirds of which may be financed through a loan from the VO (or MS), as described above, from the CIF amount. In case, a loan is provided, it will be repaid by the beneficiaries to the VO (or MS) at market interest rates over a period of up to 15 years. The VO (or MS) may hold a mortgage on each individual parcel as collateral for the loan.

The purchased land will be divided into equivalent plots and each woman group member will receive individual ownership of one plot. The group may choose to operate on a cooperative or an individual basis. The land purchase process will include a series of sub-processes that are described in detail in Section II.C, below. These sub-processes generally follow the pattern for other CIF sub-projects as described in the general CIF Operational Guidelines, with some changes as noted below. Some of the sub-processes must occur sequentially, while others may occur simultaneously. The sub-processes are:

1. Inventory 2. Technical Support 3. Meeting Eligibility Requirements 4. Linking Available Land with a Purchasing Group 5. Preparing a Plan for Improving and Using the Land 6. Negotiating a Price for the Land 7. Confirming that Seller has Good Title 8. Dividing and Allocating the Land Among Group Members 9. Preparing and Submitting Sub-Project Proposal 10. Appraisal and Approval of Sub-Project Proposal 11. Purchasing the Land. 12. Undertaking Needed Land Improvements and Production 13. Purchasers Repay Loan 14. Monitoring

C. Sub-Processes for CIF Land Purchase Sub-Projects

1. Inventory

Project staff will undertake a Land Purchase Inventory in each mandal where the land purchase activities are being considered. The completion of this Mandal-Level Land Purchase Inventory and its approval by the DPMU are a pre-requisite to the commencement of land purchase activities in a given mandal. The Land Purchase Inventory should be conducted in concert with the ongoing Livelihood Enhancement

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Action Plans (LEAPs).4 A summary of the completed inventory will be widely disseminated and discussed with potential beneficiaries to provide them with guidance on the land purchase process. Each Mandal-Level Land Purchase Inventory will include the following elements (Annex 2 contains a more detailed listing of the inventory elements):

a. Mapping of local conditions and institutions

This would include reviewing the presence, experience, and capacity of local government institutions, farmers’ organizations, and NGOs at the local level with the goal of identifying relevant stakeholders who can provide different elements of support to the process. It will also include a listing of local institutions capable of providing technical and/or financial support.

b. Assessment of land supply

Information will be collected from the land and registry records as well as from key informant interviews to determine the extent and nature or recent land sale market activity, the amount and types of land currently available for sale, and the prevailing market prices. The information on land available through the purchase market will be complemented with general assessments of:

(i) the land available through rental; (ii) the amount of agricultural land that is underutilized; (iii) the amount of land that might become available through other channels; and (iv) for each of the above, the typical investments needed to make the land productive.

Local availability of sufficient land is a pre-condition for implementing the land purchase component in a given mandal. A DPMU can only support the purchase of up to one-third the amount of land that is demonstrated to be available in the free market in a given mandal as evidenced by the mandal land inventory. If more land becomes available for purchase, an update of the mandal inventory shall be conducted to reflect this.

c. Profile of potential beneficiaries

The inventory will include an assessment of the socio-economic characteristics of the population, including the extent and nature of landlessness and near-landlessness, considering ownership of both agricultural and house plot land. It will contain an assessment of the role of land as compared to other livelihood options at the household level as well as, in view of the available land supply. It will also include an assessment of the potential beneficiaries’ training and other needs in order to make them productive on purchased land.

4 The LEAPs process is described in detail in the general CIF operational guidelines. The process includes: preparation of social and resource maps; analysis of income and expenditure patterns; analysis of items traded-in and out; analysis of the poor’s significant livelihood strategies; and value-chain analysis of these significant livelihoods to identify and assess constraints, costs, practices, best practices, credit requirements, resource constraints, technology gaps, and local opportunities.

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d. Economic analysis for sample projects

The inventory will contain an evaluation of at least 6 model farm budgets and at least 3 farm investment plans (suitable for different types of households in the target group) so as to provide the input needed for farm planning. These will be updated as the project progresses.

2. Technical Support

The Community Coordinators (CC’s) working with project staff and others will provide (or provide links to) certain types of technical support unique for land purchase and development proposals in order to fully explore and effectively exploit land purchase options. Thus, the project staff should ensure the local availability of technical support in the following areas: soil testing and improvement; irrigation, especially groundwater exploitation; farm management and marketing; and legal assistance related to land purchases and ownership.

Project staff or other local experts with relevant expertise will prepare: (1) simple model farm project types for various types of land and crops that include basic instructions and economic analysis; and (2) model plans for various types of land and irrigation improvements that include cost estimations. Determining cash flows and net profits generated by specific project types (under realistic assumptions on exogenous shocks such as drought) can help to determine beneficiaries’ potential repayment capacity and thus their ability to assume debt. These model farm and land improvement plans would then be used in beneficiary training and in preparation of specific sub-project proposals.

The CC’s, together with the project staff, will also attempt, where possible, to link potential purchasers with other poor households in the village or nearby villages who have recently undertaken land purchases and/or improvements in order that they may share their knowledge and experience, including lessons learned.

3. Meeting Eligibility Requirements

Eligibility requirements exist for: (a) the land to be purchased; (b) each individual member of the group purchasing the land; and (c) the purchasing group as a whole.

a. Land Eligibility Requirements ? Must be productive or shown to be potentially productive (if the land is

not currently productive, the sub-project proposal must include a land improvement plan for making it productive);

? Must not be above-ceiling land for purposes of the land reform legislation;

? Must not appear on the revenue department’s list of lands that are inalienable: and

? Should be in relatively compact blocks of at least three acres. ? Must not be occupied by households who would be involuntarily

displaced as a result of the land purchase.

b. Individual Beneficiary Eligibility Requirements

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Each individual member of the purchasing group must: ? Appear on the list of eligible APRPRP beneficiaries as identified by

the LEAPs poverty-mapping process; ? Be a member of a household whose members own less than 0.5 acres

of agricultural land; ? Be between the ages of 18 and 55; and ? Be a SHG member.

For any purchase of land in scheduled tribal areas, each individual member of the purchasing group must also be a member of a Scheduled Tribe.5

c. Purchasing Group Eligibility Requirements

The purchasing group should demonstrate its ability and experience as a group according to several parameters. It should:

? Be able to demonstrate experience and/or current ability for maintaining records which indicate the quality of both financial management and institutional health; and

? Be able to demonstrate cohesiveness, democratic participation of all group members, a record of regular and well-attended meetings, and relative homogeneity in membership.

d. Other

Land will be given in the name of women only.6

Priority (in the order listed) must be given to those: 1. Whose households include bonded laborers on the land to be

purchased 2. Whose households are totally landless, not even owning a house plot 3. Whose households do not own any agricultural land 4. Households that are headed by a woman 5. Who are members of a Scheduled Caste or Scheduled Tribe

The CC or project staff member assisting the purchasing group with its sub-project proposal should make the necessary inquiries at an early stage to determine that the land, the purchasing group, and each individual of the purchasing group meet the eligibility requirements.

4. Linking Available Land and a Purchasing Group

The linking of suitable land for purchase and a group to purchase it may occur in two basic ways:

1. An SHG or CIG ( Common Interest Group (CIG) is made up of individuals from SHGs ) composed of landless members may on their own initiative identify land to be purchased by their group; or

5 The Andhra Pradesh Scheduled Areas Transfer Regulation (1959) regulates the transfer of land in the scheduled areas of East Godavari, West Godavari, Visakhapatnam, Srikakulam, Adilabad, Warangal, Khammam and Mahboobnagar districts of Andhra Pradesh. The regulation prohibits any transfer of land (whether or not the owner is a member of a Scheduled Tribe) unless the land is transferred to member of a Scheduled Tribe. 6 The project may divert from this general rule in one project district in order to conduct a comparison study

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2. The VO (or MS), as part of the process of exploring and identifying possible CIF sub-projects, may identify land to be purchased and identify and appoint an appropriate group to pursue the purchase of such land.

5. Preparing a Plan for Improving and Using the Land

The CIG or SHG proposing to purchase the land will prepare a preliminary plan for improving and using the land proposed for purchase before a price is negotiated with the seller. The preliminary plan must include:

(1) the basic strategy and costs for improving land productivity (which might include irrigation, soil, or other land improvements); (2) a plan for how the land will be used including projected net value of production based on that use; (3) a calculation of the net and gross cash flow of project beneficiaries as compared to their current income; (4) a comparison of expected land productivity after the project to the pre-project use of the land; (5) a preliminary computation of the economic and financial rates of return to the proposed investments; and (6) a description of the main risks and mechanisms to deal with them.

This preliminary plan will help the group decide whether they should pursue purchase of the land and, if so, at what price the land will provide positive economic returns for each group member and whether mechanisms to manage the involved risks are in place.

The SHG or CIG pursuing land purchase will use the model farm budgets and farm investment plans in the Mandal-Level Land Purchase Inventory to help prepare their preliminary plan.

6. Negotiating a Price

Before negotiating a price with the landowner, the group members should conduct a preliminary check on whether the seller holds good title to the land by physically examining the seller’s pattadar passbook and title deed and conducting a physical examination of the property and its boundaries. (A more comprehensive confirmation will be required later; see section II.C.7, below).

The group members, together with others, will negotiate directly with the landowner on the purchase price. Other persons present at the price negotiation must include:

? The Community Coordinator or project staff person assisting the group with its proposal; and

? A village elder, gram panchayat member, or the MRO (the group will decide on the specific person among these three options).

The price to be paid for the land must be approved by the District Project Director (after the negotiation), who will base his/her decision on prevailing market prices in the locality and information provided by the CC or other project staff member present at the price negotiation.

Any reasonable earnest money or token advance demanded by the seller and agreed to by the purchasing group must be provided from the purchasers’ own resources. Any

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such amount paid must be reported on the sub-project proposal application and will be counted as the contribution from the beneficiaries.

7. Confirm that the Seller Holds Good Title to Land

As part of their sub-project proposal, the group members must provide various documents showing that the seller is holding good title to the land. Thus, the purchasers must provide:

? A Non-Encumbrance Certificate from the Sub-Registrar’s office issued covering the past 25 years. The purchasers will pay for this certificate from their own funds as part of their contribution to the total sub-project amount;

? A certified copy of the RO (land record) for the concerned land; ? A photocopy of the seller’s pattadar passbook and title deed; ? A certificate from the Mandal Revenue Officer that the seller has clear

title, that the land is free from registered as well as identifiable unregistered encumbrances (per a physical inspection of the land by the MRO together with at least one member of the purchasing group), that the land is not above-ceiling land (according to the Land Reforms Act), that the land to be sold is not on the list of land under conflict or the list of lands that may not be alienated, and that the seller is not otherwise restricted from selling the land (see Annex 3 –MRO certification form); and

? A plot survey showing the plot’s external boundaries and its internal partition boundaries for dividing the plot among the individual beneficiaries (this may include common areas for necessary access roads/paths or other needs).

The project staff will provide assistance to the purchasing group in obtaining the above documentation.

8. Agree on an Appropriate Division and Allocation of Land

The division and allocation of the land among the group members presents the potential for group disharmony. Thus, the guidelines stipulate that the division and allocation follow a specific process.

After the price is negotiated, the surveyor conducting the plot survey will divide the land into a number of plots equaling the number of individuals in the group. The plots should be of equivalent value, taking into account soil quality, water sources, location, and other relevant factors.

The surveyor presents the partition plan to the beneficiaries. The beneficiaries must agree that the partition has been accomplished in equal portions. If the beneficiaries do not agree, they must suggest changes which the surveyor makes until the beneficiaries do agree that the partition is in equal portions.

The individual beneficiaries as a group may then decide on a way to assign the plots. One of the ways they decide may be to draw lots to decide which portion is assigned to which beneficiary. The drawing of lots is accomplished in the presence of an APRPRP project staff and a village elder. The drawing of lots can be by one of two methods (1 or 2, below), according to the wishes of the beneficiary group:

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1. The number on the lot drawn corresponds to a pre-assigned plot number (the person drawing lot marked #1 automatically receives plot #1, the person drawing lot marked #2 receives plot #2, etc.);7 OR

2. The number on the plot drawn corresponds to a choice order and the beneficiaries then choose plots in the order determined by the drawing of lots (the person drawing the lot marked #1 gets to choose first, then the person drawing lot marked #2, etc.).

The group members are responsible for paying the survey costs as part of their contribution to the total project costs. The survey costs are normally Rs 100 per survey number.

9. Prepare and Submit a CIF Sub-Project Proposal

After negotiating a price with the seller, the group will finalize preparation of the CIF sub-project proposal. Land purchase proposals must be made on the CIF Land Purchase, Development, and Use Sub-Project Proposal Form [this form will mirror the general CIF proposal form in most respects, but contain some fields unique to land purchase].

The proposal must include a plan for how land productivity will be improved and how the land will be used and a definite elaboration of the elements mentioned earlier under the preliminary plan, complete with costs and projected income flows. It must also include a projection of how the group expects to meet working capital requirements as well as technical assistance needs.

The total amount requested for a single land purchase may not exceed: o US $ 30000 equivalent; or o The ceiling per household (to be decided during the early course of the

project) The total project cost may include:

(1) the proposed land purchase price; (2) additional costs necessary for improving land productivity (which

might include irrigation, soil improvement, land leveling, bunding, rock and shrub removal, etc.) including labor and material; and

(3) production costs (seeds, fertilizer, etc.) for the first year.

Note that the second and third items, above (land improvement and annual production costs), are not mandatory if the land does not need improvements in order to be farmed productively (item 2) and if the proposing group can self-fund the annual production costs in the initial years (item 3).

If the proposal includes a request for funds for land improvement or use, such request will include a plan for the release of payments. Funds for land improvement will be released only after the land is registered and according to the operational guidelines already established for CIF land improvement sub-projects.

7 If this process is chosen, it might be followed by an opportunity for the individual beneficiaries to mutually trade plots before the registration process. It is quite possible that an individual beneficiary will prefer a particular plot because of its proximity to their house or because it is adjacent to the plots of other group members with whom they want to cooperate.

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If the proposal includes a request for working capital, such request will include a plan for the release of payments. Funds for working capital will be released only after the land purchase is completed and according to the operational guidelines already established for general CIF sub-projects.

The certificate from MRO, plot survey, non-encumbrance certificate, certified copy of RO, photocopy of seller’s pattadar passbook and title deed, and statement that the purchasers have physically examined the property (see section II.C.7, above) must be attached to the proposal.

The proposal, when completed, must be approved and signed by the concerned VO or MS representative(s) and then submitted to the District Project Management Unit (DPMU).

10. Appraisal and Approval of Proposal

The DPMU will appoint an appraiser or appraisers to evaluate each land purchase, development, and use proposal. All such appraisers should have background and experience in agriculture and land management issues sufficient to determine whether the land improvement and use plan proposed is feasible and is likely to lead to both welfare and productivity benefits.

The appraiser(s) will conduct a careful and comprehensive evaluation of the proposal, paying particular attention to whether:

? The proposed beneficiaries meet both the group and individual eligibility requirements.

? The land meets the eligibility requirements. ? The land price per acre and the total project costs per beneficiary are both

reasonable and within the acceptable project limits.8 ? The proposal is technically sound. ? The proposed costs for land improvement (if any) and working capital (if

any), and the payment installments proposed for such funds are reasonable. ? The projected income flows are reasonable. ? The likely income flows from the land will be sufficient for the

repayments required from the beneficiaries. ? The beneficiaries have appropriately identified any needed technical

support and made appropriate provisions. ? Any necessary environmental assessment has been conducted.

Upon sanction, the DPMU will prepare a standard MOU between the DPMU and the VO (or MS) that lists the various responsibilities related to the sub-project that the VO (or MS) will undertake in exchange for the release of project funds (see Annex 4).

The VO (or MS) will also prepare a standard MOU between the VO (or MS) and the purchasing group that lists the various post-purchase roles and responsibilities of each group (see Annex 5—Model MOU between VO/MS and Purchasing Group). If the sub-project includes funds from the VO (or MS) for land improvement and/or working capital, the MOU will include a plan for how and when such funds are to be released to the purchasing group, and a schedule for repayment of the loan from the VO (or MS) to the purchasing group. The repayment period may be up 15 years. The

8 Apart from the “hard” maximum price limits imposed by the Operational Guidelines, the appraiser(s) will compare the price per acre to the list of Indicative Unit Costs on different classifications of land (based on survey information) maintained by the DPMU.

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interest on the loan should be at market rates. The VO (or MS), at its discretion, may choose to hold a mortgage on each plot of land that is to be extinguished upon full repayment by the concerned individual member of the purchasing group.

As soon as possible after sanctioning, the DPMU will issue or cause to be issued a demand draft made out to the land seller(s) for the negotiated purchase price. The DPMU will also provide the remainder of the sanctioned amount directly to the bank account of the VO (or MS).

The VO (or MS), in turn, will release the necessary cash funds for payment of the stamp duty and registration fee to an authorized VO (or MS) representative (who will accompany the seller and buyers through the land transaction process).

11. Purchasing the Land

After the sub-project has received sanction, the parties to the land transaction (the seller(s) and all members of the purchasing group), the CC (or his/her assigned designee from the project staff), and (if the VO or MS will be holding a mortgage on the land) an authorized representative of the VO (or MS) will proceed together to the Sub-Registrar’s office to conduct and register both the land purchase transaction and the mortgage transaction. This transaction process will follow the normal process for rural land transactions in Andhra Pradesh, which will typically include the following steps (all steps, except the last step, will occur on the same day):

a) The VO (or MS) representative will purchase the required amount of stamp paper with sub-project funds (unless the project has received a government exemption for stamp duties on land purchase transactions).

b) The parties to the transaction will request deed-writers to prepare the necessary deeds for each member of the purchasing group. The sellers and purchasers will have to present their existing pattadar passbooks (if any – the buyers may not have such passbooks if they are completely landless) to the deed writer, as well as the plot survey.

c) If the VO (or MS) and the purchasing group have decided to enter into a mortgage agreement, they will request the deed writer to prepare simple mortgage documents for each individual plot (see Annex 6—model mortgage document)

d) The group members will pay the deed writer(s) with their own funds which will be counted as a portion of their cost-sharing for total sub-project costs.

e) The seller, individual group members, and required witnesses (including the CC or designee) will sign the deeds.

f) The VO’s (or MS’s) authorized representative, the individual purchasers, and the required witnesses (including the CC or designee) will sign the mortgage documents.

g) The completed deeds and mortgage documents will then be presented to the Sub-Registrar who will make relevant inquiries and collect the registration fee from the VO’s (or MS’s) representative. (This payment will not be necessary if the project receives a registration fee exemption).

h) In the presence of the Sub-Registrar, the CC (or designee) will present the demand draft for the land purchase amount to a representative of the purchasers who will immediately present it to the seller(s).

i) The Sub-Registrar will make all necessary registration entries.

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j) All individual members of the group purchasing the land will, together with the CC (or designee), deliver the original deeds, mutation application, and other necessary documentation to the Mandal Revenue Officer who will make the necessary changes in the land revenue records.

k) The MRO will issue (or cause to be issued) a posted notice of the transaction in the concerned gram panchayat office for a period of 45 days, inviting objections from parties who claim a legal interest in the land.

l) If no objections after 45 days, the concerned Village Officer will complete a No-Objection Order and submit to the MRO.9

m) The MRO will then issue a mutation order, and complete the necessary changes in the land revenue records and in the passbooks of the individual purchasers (the MRO will issue new passbooks for all purchasers who had previously been landless).

13. Undertake any Needed Land Improvements and Begin Farming

The MRO, together with the seller, will put the beneficiaries in possession of the land within one day of the registration.

As soon as practicably feasible, the beneficiaries will begin making any necessary land improvements and using the land.

Any remaining releases of sub-project funds from the VO (or MS) to the purchasing group for land improvements and/or working capital will be made according to the terms of the concerned MOU between the VO (or MS) and the purchasing group.

14. Repay Loan Amount

The purchasing group and its individual members will repay any loan amount according the agreed payment terms. Any mortgage held on an individual plot of land will be extinguished upon full repayment by the concerned member of the purchasing group.

15. Monitoring

Process monitoring: The SPMU will ensure that, consistent with the project’s monitoring plan, the independent NGO responsible for process monitoring (Society for Human Rights and Social Development) undertake annual quantitative and qualitative monitoring in the project mandals where land purchase sub-project proposals have been submitted.

The monitoring will include comparison of the farm business plans and plans for land improvements (if any) with the ground realities. Monitoring indicators will include:

? Amounts and classifications of land transferred

9 If objections are received during the 45-day posting period, the Village Officer and land revenue officials will follow the standard procedure of entering the objection/dispute in a dispute register, notifying the Sub-Registrar’s office, and not continuing with the mutation process until the dispute is cleared.

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? Numbers and eligibility of beneficiaries ? Land prices ? Cost and land amount per beneficiary household ? Crops, productivity, and income per acre (before and after) ? Amount of productive investments per acre ? Attainment of the goals set out in beneficiaries’ plans ? Legal problems stemming from land transaction ? Repayment rates from beneficiaries ? Social status of beneficiary households ? Credit access for beneficiary households ? Beneficiary household income and sources ? Gender impacts

The SPMU will conduct an annual workshop to disseminate and discuss findings from process monitoring with project staff and beneficiary representatives to ensure that the monitoring results are incorporated into project implementation. The SPMU will annually review the findings from both process monitoring and impact monitoring. These findings will inform SPMU decisions concerning the future availability of funds for land purchase in given districts.

Impact monitoring: Given the importance of the land purchase component, a separate baseline and follow-up survey (after three years) will be undertaken and a minimum number of land purchase groups will be included in the qualitative monitoring. Questionnaires, sample sizes, and control groups (including a group of Scheduled Caste Development Corporation purchasers) will be chosen so as to allow inferences on the impact of this component. In this context, The SPMU will also ensure that, consistent with the project’s monitoring plan, the independent group responsible for impact monitoring undertake annual quantitative and qualitative monitoring in the project mandals where land purchase sub-project proposals have been sanctioned as well as in those chosen as a control group. Annexes

1. Composition of Convergence Committees (from forthcoming government order) 2. Elements of Mandal-Level Land Purchase Inventory 3. Certificate from MRO 4. Model MOU between DPMU and VO (or MS) 5. Model MOU between VO (or MS) and purchasing group 6. Model Mortgage document

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Annex 1 [the following is text from the forthcoming Government Order on convergence

activities]

State level Committee: 1. Chief Commissioner Land Administration(Chairman) 2. Secretary to Government (Panchayat Raj and Rural Development) 3. Secretary to Government (Revenue) 4. MD ,SC Corporation (Social Welfare) 5. Director ,Survey and Land Records 6. Representatives from NGO /Agriculture unions working on land issues 7. Chief Executive Officer, SERP (Convenor)

District level Committee:

1. Collector and District Magistrate/ Joint Collector and Additional District Magistrate (Chairman)

2. SubCollector /Revenue Divisional Officers in the district 3. Executive Director, S.C.Corporation 4. AD, Survey and Land Records 5. NGO /Agriculture Union representatives working on land issues 6. District Project Director, SERP (Convenor)

Sub-divisional level Committee:

1. Sub-Collector/Revenue Divisional Officer (Chairman and Convenor) 2. Mandal Development Officers in the Sub-division 3. Mandal Revenue Officers in the Sub-division 4. Deputy Inspector of Survey 5. Representative of SC Corporation 6. NGO representatives working on land issues 7. APMS from SERP working in the subdivision

Mandal Level Committee:

1. Mandal Revenue Officer (Chairman) 2. Representative from an NGO or Agricultural Union working on land

issues 3. Assistant Project Manager (SERP) (Convenor) 4. Surveyors in the mandal 5. Representative of S.C. Corporation. 6. 2-3 experinced Panchayat Secretaries in the mandal 7. Representative/s of NGO/agriculture union working on land issues 8. Chairman, Mahila Samakhya 9. Community Coordinators in the mandal

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Annex 2

Elements of Mandal-Level Land Purchase Inventory

A Mandal-Level Land Purchase Inventory must be completed before land purchases are undertaken in a given mandal. The Inventory must be in written form. The Inventory must be submitted to and approved by the District Project Director. The Inventory must include the following elements: 1. Mapping of Local Institutions The objective of this element is to identify relevant stakeholders who can provide elements of support to the land purchase and improvement process. The inventory team will compile a listing of the local government institutions, farmer’s organizations, NGOs, institutional lenders, and other institutions active in the mandal that are capable of providing technical, financial, or other support to land purchase beneficiaries. For each institution listed, the inventory team will include a brief description of the institution’s relevant experience and capacity for supporting the land purchase component. 2. Assessment of Land Supply and Prices The inventory team will collect the following information:

A. Agricultural Land Sale Transactions for Previous 24 Months. The team will collect data on the number of agricultural land sale transactions and the total area of land transacted (both in absolute terms and as a proportion of all agricultural land in the mandal). This information will be collected from either the Sub-Registrar’s office or from the mutation registers in the land revenue records. It will likely be easier to collect the data from the Sub-Registrar’s office because those records have been computerized.

B. The Amount and Types of Agricultural Land Currently Available for Purchase. The team will collect this information from both key informant interviews (Mandal Revenue Officer, gram panchayat members, knowledgeable local leaders, etc.) and from focus groups of villagers.

C. Prevailing Market Prices for Agricultural Land. Again, the team will collect this information from both key informant interviews (Mandal Revenue Officer, gram panchayat members, knowledgeable local leaders, etc.) and from focus groups of villagers. The team will also provide a comparison between prevailing market prices and the government-fixed values for typical types of agricultural land.

D. Government-Fixed Values for Agricultural Land. The team will collect the most recent schedule of government-fixed values for all the agricultural land in the mandal.

E. Tenancy. The team will provide a general assessment of the extent and terms of existing agricultural tenancy, including the approximate amount of land available through rental.

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F. Underutilized Land. The team will provide a general assessment of the amount of agricultural land that is underutilized and the reasons for its underutilization.

G. Amount of Land Available Through Other Channels. The team will provide a general assessment of the amount of land that might become available through other channels such as government assigned land, endowment land, etc. A more thorough inventory of these land categories will be conducted at a later time by the committees on convergence activities.

H. Typical Land Investments Needed. For B, E, F, and G, above, the team will provide a general assessment of the typical investments (if any) needed to make the land productive.

3. Profile of Potential Beneficiaries The inventory team will collect information on the numbers of both eligible and prioritized beneficiaries (see the list in II.C.3 of operating guidelines) in various parts of the mandal. The inventory team will prepare an assessment of the socio-economic characteristics of the eligible and prioritized beneficiaries, an assessment of their training and other needs in order to make them successful beneficiaries of the land purchase component, and an assessment of the role of land as compared to other livelihood options in view of the available land supply. 4. Financial Information for Cropping Models The inventory team will collect information on the typical production costs and income (per acre per year) for at least six different and typical cropping patterns in the mandal (at least three dryland and three irrigated cropping systems). These should take account of drought and other risks. The inventory team will also obtain from an identified expert a description of and financial information for selected types of model farm/cropping plans that incorporate local best practices. 5. Description and Financial Information for Typical Land Improvements The inventory team will obtain from identified experts a description (including financial information) of the typical types of productive investments that are necessary in order to improve land productivity in the mandal. These may include irrigation improvements, soil improvements, bunding, etc.

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Annex 3

Certification by Mandal Revenue Officer

District Mandal

File No.

This is to certify that the following lands (Schedule I) referred to by _________________________CIG/SHG of ____________________ Village for the purpose of revenue clearance have clear title and are owned and cultivated directly or indirectly by the Pattadars listed in Schedule I. The lands are free of all registered encumbrances and as per my enquiry free from any unregistered encumbrances. The lands are also free from any restrictions imposed by the: (1) AP Forest Act; (2) Environment Protection Act; (3) Land Reforms Act; (4) Archaeological and Cultural Authorities; and (5) Endowment Authorities. Further, I have conducted a physical inspection of the lands together with at least one member of the concerned CIG/SHG and I have found the lands to be free of any non-owning possessor or encroacher.

There is no objection to the individual members of the

CIG/SHG purchasing the concerned lands. Schedule I

SI. No. Sy. No/ Sub. Dn.

No.

Extent

Classification Wet/Dry

Name of Pattadar

Name of Cultivator

Date:________________ ______________________________

Signature of the Mandal Revenue Officer with seal

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Annex 4

Memorandum of Understanding for Land Purchase and Improvement

between

Party One Party Two ____________Mandal Samakhya or ____________Village Organization ____________ Village ____________ Mandal ____________ District Represented by its President/Secretary

District Project Management Unit ______________ District

of Society for Elimination of Rural Poverty

Represented by

Sri/Smt ______________________ S/o, W/o, D/o _________________ Resident of ___________________

Sri/Smt _____________________ Designation __________________ Address _____________________ ____________________________

Because the two parties to this MOU are mutually interested in enhancing the livelihoods of poor rural persons by helping them to purchase and improve agricultural land, the parties have agreed to the following terms: 1. Party Two will provide Party One with the sum of Rs_______________ to implement the land purchase and improvement sub-project in the habitation of _____________, village of __________________, Mandal of _______________, and District of ________________, the details of which are as follows:

a. Total amount of land being purchased: _____________________ b. Number of persons in the purchasing group: ________________ c. Names and addresses of persons in the purchasing group are listed in

Attachment 1 to this MOU.

2. Party One, in turn, will use the funds provided by Party Two to help the identified persons in the CIG/SHG purchasing group to both purchase and, if necessary, improve and farm the land. A representative of Party One will accompany the members of the purchasing group as they purchase land and provide directly to the seller(s) a demand draft(s) totaling Rs ___________________________(the negotiated land price). 3. The difference between the sum given by Party Two to Party One (see point 1, above) and the sum given by Party One to the land seller(s) (see point 2, above) is Rs________________. Party One will provide this money to the individual members of the CIG/SHG purchasing group for land improvement and/or working capital as follows:

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Payment date Amount of Payment per

Member of Group Purpose of Payment

4. It is understood that up to seventy-five percent of the total amount necessary for the concerned land purchase and improvement sub-project paid by Party One to or on behalf of each member of the CIG/SHG purchasing group will be a grant. This grant amount cannot exceed Rs 37,500 per individual member of the purchasing group. The remaining portion will be the beneficiaries’ contribution, some or all of which may be initially provided as a loan from Party One. Any such loan will be divided equally among the individual members of the CIG/SHG and repaid to Party One according to the terms described below: 5. Party One will ensure that the property, goods, and services to be financed under the sub-project are procured in accordance with the Project Agreement signed by the International Development Association, the State of Andhra Pradesh, and the Society for Elimination of Rural Poverty and that such property, goods, and services are used exclusively in carrying out the sub-project. 6. Party One will monitor the work and progress of the purchasing CIG/SHG and report to Party Two in the formats and according to the schedule agreed. 7. Party One will at all times permit Party Two or is representative(s) to inspect the accounts, records, and physical works under the sub-project. __________________________ ______________________________ (Signature of Party One representative) (Signature of Party Two Representative) __________________________ ______________________________

(Date) (Date)

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Annex 5

Memorandum of Understanding for Land Purchase and Improvement

between

Party One Party Two ____________Mandal Samakhya or ____________Village Organization ____________ Village ____________ Mandal ____________ District Represented by its President/Secretary

_______________________CIG/SHG

Represented by all its members, listed below

Sri/Smt ______________________ S/o, W/o, D/o _________________ Resident of ___________________

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. [additional members to be included on attached list]

Party Two is a constituent of Party One. As part of a land purchase and improvement sub-project under the Community Investment Fund component of the Andhra Pradesh Rural Poverty Reduction Project, Party Two, with the assistance and approval of Party One, has agreed to purchase a total of _________________[amount] of land located in the Village of _________________ from the following landowner(s):

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The relevant sums of money for the concerned land purchase and improvement sub-project are listed in the following Table: Total Cost for the Land Purchase & Improvement Sub-Project = A. of which Total Cost of Land Purchase = B. Total Cost of Land Improvements and Use = C. Amount on Line A = D. Amount of grant provided by Party One to Party Two (not to exceed Rs 37,500 per individual member of Party Two or 75% of Line D, whichever is less) =

E.

Amount which beneficiaries (Party Two) are responsible to pay F. Line F divided by the total number of individual members of Party Two =

G.

Amount of Line F = H. Amount loaned by Party One to Party Two = I. Amount self-financed by Party Two (subtract I from H) = J. Loan amount to each individual member of Party Two (line I divided by the total number of individual members of Party Two)

K.

Sum of Line E and Line I = L. As Party One is assisting the individual members of Party Two to purchase and improve land, the parties agree to the following terms: 1. The total cost of the land purchase and improvement sub-project undertaken by Party Two is Rs__________________(line A of the table). 2. In order to support Party Two in the purchase and improvement of the concerned land, Party One will provide grant funding equal to the amount in line E of the table. This amount is not to exceed 75% of line A or Rs 37,500 per individual member of Party Two, whichever is less. 3. The individual members of Party Two will be responsible for paying the remaining portion of the sub-project funds, which is the sum from line F of the table. Some or all of this amount may be initially provided as a loan from Party One to the individual members of Party Two, as described in point #4, below. 4. Party One [mark one] ? will ? will not provide a loan to the individual members of Party Two to help finance their portion of the sub-project costs. The total amount loaned is listed in line I of the table. The total amount loaned is to be divided equally among all individual members of Party Two. Each individual member of Party Two is responsible to repay is listed on line K of the table. The repayment terms are as follows:

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5. Party One [mark one] ? will ? will not sign mortgage agreements with the individual members of Party Two in order to secure the loan described in point #4. Copies of any such mortgage agreements are attached to this Memorandum of Understanding. 6. Party One will provide the sum of the amounts listed on line L to assist Party Two in purchasing and improving the concerned land. Of this total sum, Party One will provide to the land seller(s), on behalf of Party Two, a total sum of Rs___________ for land purchase. 7. Party One will provide the difference between the sum on Line L and the amount in point #6 to Party Two for the purpose of improving and/or farming the concerned land. This additional sum will be provided according to the following schedule and for the following purposes:

Payment date Amount of Payment per Member of Group

Purpose of Payment

8. Each member of Party Two agrees to use the funds provided by Party One for the designated purpose for which it is provided. Signed on this ____day of __________, 2_________, by: Representative of Party One: Name: _______________________________ Designation: _______________________________ Signature: _______________________________ Each Individual Member of Party Two (numbers correspond to earlier list of members):

1. Name: ________________________________ Signature: ________________________________ 2. Name: ________________________________ Signature: ________________________________

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3. Name: ________________________________ Signature: ________________________________ 4. Name: ________________________________ Signature: ________________________________ 5. Name: ________________________________ Signature: ________________________________ 6. Name: ________________________________ Signature: ________________________________ 7. Name: ________________________________ Signature: ________________________________ 8. Name: ________________________________ Signature: ________________________________ 9. Name: ________________________________ Signature: ________________________________ 10. Name: ________________________________ Signature: ________________________________ 11. Name: ________________________________ Signature: ________________________________ 12. Name: ________________________________ Signature: ________________________________ 13. Name: ________________________________ Signature: ________________________________ 14. Name: ________________________________ Signature: ________________________________ 15. Name: ________________________________ Signature: ________________________________

(add additional names as needed)

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Annex 6

Simple Mortgage in Respect of Agricultural Land

I, ______________________ (hereinafter called the Mortgagor), daughter/wife of ______________________, aged _______ years, residence of ____________________, have today the ___ day of ________, 2_______, borrowed a sum of Rs ________ from _____________ Village Organization (hereinafter called the Mortgagee), an autonomous society registered under the Public Societies Registration Act. I promise to repay the said sum with interest at the rate of _______ percent per annum over a period of 15 years. I will make a single payment of Rs_______ each year on or before the ____ day of _______. I can make prepayments if I so choose. Any prepayments will be applied against the principal and the amount of each remaining payment will be adjusted accordingly. In consideration of the loan obtained and as collateral security for the loan, I have mortgaged, without handing over possession, my land described in Schedule 1 to secure the repayment of the loan with interest. In case I default in payment of the mortgage money inclusive of principal and interest, the mortgagee (_______________ Village Organization) may enforce mortgage against the concerned land using all or any of the remedies available in law in respect of a simple mortgage. WITNESSES: 1. _______________ ___________________ 2. _______________ (Mortgager) Schedule 1

Boundaries Sl. No. Sy./Sub. Dn. No.

Description Extent North South East West