RESETTLEMENT PLAN

RURAL ROADS SECTOR I PROJECT

Chhatisgarrh, India

Ministry of Rural Development Government of India

February 2003

This report was prepared by the Borrower and is not an ADB document.

TABLE OF CONTENTS List of Abbreviations i Glossary ii Executive Summary iii-vi Chapter 1: The Project 1 1.1 Project Description 1 1.2 Project Impacts and Benefits 1 1.3 Measures to minimize impact 2 1.4 Objective of Land Acquisition and Resettlement Plan 3 Chapter 2: Indigenous People 4 2.1 Indigenous People 4 2.2 Indigenous People in Chhattisgarh 4 2.3 Socio-Economic Profile of the STs in Chhattisgarh: An Overview 5 2.4 IPs in the sub-projects 7 2.5 State Government Programs for Tribal Development 8

2.5.1: Department of Tribal and Scheduled 8 Caste Welfare (DTSCW) 2.5.2. Chhattisgarh Scheduled Tribe Commission 8 2.5.3. Chhattisgarh State Minor Forest Produce 9 Cooperative Federation

2.6 Summary 9 Chapter 3: Findings of the Socio-Economic Survey Data 10 3.1 Project Area 10 3.2 Description of Subprojects 10

A: Sub-Project I – Bastar 11 B: Sub-Project II –Mahasamund 11 3.3 Socio-Economic Survey (SES) 11 3.4 Social Profile of the APs 12 3.4.1: Social Category of the APs 12 3.4.2: Educational Levels 13 3.5 Economic Profile of the APs 13 3.5.1: Occupational Background 13 3.5.2: Landholding Patterns 13

3.5.3: Ownership Status of the APs 14 3.6 Types of Project Impacts 14 3.6.1: Negative Project Impacts 14 3.6.2: Positive Project Impacts 15 3.6.3: Impact on Vulnerable groups 15 3.7 Summary of SES Findings and Response to the Project 16

Chapter 4: Resettlement Principles and Entitlement Matrix 17 4.1 Policy Framework 17 4.2 Resettlement Principles and Assistance 17 4.3 The Entitlement Matrix 18 4.4 Adequacy of the Mitigation Measures 19 4.5 LA Procedures and Payment of Compensation 19 4.6 RP Implementation – Outstanding Activities 20 Chapter 5: Stakeholders Participation and Consultation 21 5.1 Consultation during Project Preparation 21 5.2 Feedback from Consultation Meetings 21 5.3 Disclosure of RP 22 5.4 Plans for further Consultation and Community Participation during 22 Project Implementation Chapter 6: Implementation Framework and Budget 24 6.1 Executing Agency 24 6.2 Implementing Agency 24 6.3 Social and Resettlement Committee (SRC) 24 6.4 NGO Selection Criterion, TOR and Functions 25 6.5 Project Implementation Unit (PIU) 25 6.6 Resettlement Implementation Committee (RIC) 26 6.7 Resettlement Field Offices and staff training 26 6.8 Grievance Redress Committee (GRC) 26

6.8.1 Functions 27 6.8.2 Operational Mechanisms 27 6.8.3 Grievance Redressal Steps 27

6.9 RP Implementation Schedule 30 6.10 Budget 30 Chapter 7: Monitoring and Evaluation 32 7.1 Monitoring at the EA Level 32

7.1.1 Internal Monitoring 32 7.1.2 External or Independent Monitoring 32

Annexes I PMGSY Guidelines II List of schemes and programs running in Chhattisgarh for STs III District-wise list of proposed stretches IV Maps of the Sub-project areas V Consultation with affected community and other stakeholders VI Draft Terms of Reference for NGOs VII Draft Terms of Reference for External Monitors

LIST OF ABBREVIATIONS ADB Asian Development Bank AP Affected Person AWR All Weather Road CG Chhattisgarh EA Executing Authority GOI Government of India GRC Grievance Redress Committee IA Implementing Agency IP Indigenous People ISA Initial Social Assessment LA Land Acquisition MORD Ministry of Rural Development M&E Monitoring and Evaluation NGO Non - Governmental Organization OBC Other Backward Classes PMGSY Pradhan Mantri Gram Sadak Yojana (Prime Minister Rural Road

Project) PIU Project Implementation Unit PWD Public Works Department RIC Resettlement Implementation Committee RO Resettlement Officer RP Resettlement Plan R&R Resettlement and Rehabilitation SCs Schedule Castes STs Schedule Tribes SRC Social and Resettlement Committee

GLOSSARY Awla Phylanthus emblica (Gooseberry) Block An administrative sub-division within a district. Chironji Buchnania lanzan Haat Local village market Harra Terminalia chebula Imli Tamarind Mahua Madhuca indica Panchayat Elected Village Council/ the third tier of decentralized governance Sarpanch Elected head of the Gram Panchayat Tehsil A revenue sub-division, within a district Til Sesame seed Tendu Diospyros melanoxylon Zila/District It is the first administrative division at the state level.

Executive Summary of the Resettlement Plan Description of the Project 1. The proposed Rural Road Sector Project (the Project) under the Ministry of Rural Development (MORD) of the Government of India (GOI) involves improvement of rural roads in several states in the country. The Project is a part of the Pradhan Mantri Gram Sadak Yojana (PMGSY) - a national program established in 2000 to provide rural connectivity through all-weather roads to villages with population of 500 to 1,000 persons by the end of 2007. The primary objective of the project is economic growth and poverty reduction through enhanced access to market, employment and social services, including health and education. 2. The state of Chhattisgarh (CG) has been selected as “core” subproject for preparation of sector loan for the Project for 2003. Two districts of Bastar and Mahasamund were identified for subproject preparation in Chhattisgarh. Each selected district is considered a subproject, which consists of 40 to 60 km of rural roads in about nine stretches (Table 1).

Table 1: District-wise Distribution of Stretches in Chhattisgarh

District Number of Stretches Total Length (in km) Bastar 4 44.57 km

Mahasamund 5 60.00 km Total 9 104.57 km

The subprojects were selected following PMGSY criteria of 1,000 plus population without any all-weather road connection, which includes existing gravel roads and water bound (mud) roads. The PMGSY Guidelines1 consider improvements and/or upgrading of existing roads only under the above criteria. Construction of new roads or alignments involving fresh acquisition of land and displacement of people are not eligible under the program. Project Area and Impacts 4. The project area is predominantly agricultural and the road connectivity will allow motorized access to district and tehsil (subdistrict) headquarters. The existing roads were constructed by the PWD and panchayats/village governments on revenue land (government land) as well as private land. The width of the existing roads is sufficient for the proposed 7.5-m right-of-way (ROW) for improvements/upgrading, which was confirmed through field level verification of 104.57 km of core subprojects in the two districts. 5. Based on the Initial Social Assessment, it is estimated that about 0.50 acre of land/km of road will be required affecting an average of two families. This means an estimated 192 households will experience loss of land in 9 road stretches with an average of 0.28 acre per household (Table 2). Of the total 192 affected households, estimated 32-affected households will experience 10–15% loss of frontage and structure, as a result of the project construction. In addition, the social assessment report indicates that one temple (community structure) will be affected by the project.

1 Pradhan Mantri Gram Sadak Yojna Guidelines (Prime Minister’s Rural Road Program) , undated.

Table 2:Project Impacts in Chhattisgarh

District Number of Stretches

Total Length (km) Number of Households

Total Loss in Subprojects (acre)

Bastar 4 44.57 km 57 21 Mahasamund 5 60.00 km 135 33

Total 9 104.57 km 192 54 6. To minimize impact and to reduce disruption of livelihood, efforts were undertaken during the initial design by keeping the ROW within the existing alignments. In keeping with PMGSY guidelines, technical design was adjusted to avoid or minimize loss of structures, by construction within the ROW particularly when the road runs through an intermediate village. Further, field visits and public consultations helped in developing the measures towards minimizing negative social impacts. During the course of the ISA it was found that out of the 9 proposed stretches, bypass would be required in only one stretch in Bastar. For the construction of this bypass, there would be loss of revenue land to the amount of 1.5 acres. Findings of Socioeconomic Survey 7. The socio-economic survey (SES) was conducted in December 2002 on the nine proposed road alignments, covering a total of 104.57 kilometers in the two sub-projects. The SES identified an estimated 192 affected households who will experience some loss of land or structure as a consequence of the project in the two sub-project regions. The SES covered 66 households (34% of the total 192 affected households) in the two sub-project regions. The survey collected detailed data on assets likely to be affected, ownership and tenure status of land, income and other socioeconomic parameters. The social assessment report indicates that one community structure (temple) will be affected by the project. Based on estimated incomes, about 47% of the affected households covered during the SES are under the nationally defined poverty line.2 8. In the project area in general, about 44.6% of the population belongs to indigenous/schedules tribes (STs) and scheduled castes (SC). However, no ST/SC will be displaced or severely affected by the subprojects. If any vulnerable group (e.g., STs/SC, female-headed households, disabled and elderly) is affected, additional assistance will be provided. Resettlement Principles and Compensation 9. The Resettlement Plan (RP) is guided by the ADB policy on Involuntary Resettlement, Land Acquisition Act of 1894 and Chhattisgarh Land Revenue Code (1959). The Land Revenue Code of 1959 provides for alternative/replacement land in the case of acquisition for district and rural roads. The primary objective of the RP is to mitigate various losses and impact of the subprojects. Based on the inventory of losses, an entitlement matrix has been developed, which recognizes the type of losses. The matrix identifies the affected households/persons, their losses and defines compensation and entitlements (Table 3). 2 In terms of Rupee value, the poverty line is defined as an income of Rs. 311/per person per month (rural) and Rs. 482 for urban. Government of India, Poverty Estimates for 1999-2000, New Delhi, February 2001.

Table 3: Entitlement Matrix

Type of Loss Identification of Affected Household

Entitlement Organizations/ Agencies

responsible

Results of Action

(i) Loss of agricultural land for shoulder and drainage

(i) Owner/operator of the affected plot

(i) Replacement land as per the Revenue code or cash compensation at replacement cost; plus refund of land registration costs, stamps, etc. incurred for replacement land

District Collector; EA/IA; SRC; ROs; and implementing NGO

(i) Replacement land or cash compensation for lost assets

(ii) Loss of crops and trees

(ii) Owner(s)/ sharecropper/ tenants

(ii) Market value as assessed by forest dept for timber, agricultural extension for crops, and horticulture for perennial trees

District Collector (assisted by forestry and agricultural extn); IA/ROs; implementing NGO

(ii) Cash compensation for lost assets

(iii) Loss of frontage /structure due to road improvement through the village

(iii) Owner(s) of structures affected due to road improvement/upgrading

(iii) Reconstruction cost (without depreciation) for lost frontage or structure; affected persons will be allowed to take salvageable at no costs

District Collector (assisted by PWD); EA/IA, ROs; NGO

(iii) Restoration of structure

(iv) Loss of assets by vulnerable groups

(iv) Affected female-headed households, STs/SC, disabled/elderly

(iv) Lump sum assistance Rs. 2,000 per household; this is in addition to eligible compensation.

EA/IA; ROs; and implementing NGO

(iv) Additional assistance due to vulnerability

(v) Loss of Community Structure

vi) Affected community

(v) Cash compensation/ reconstruction of the community structure with community consultation

EA/IA; ROs; NGO (v) Restoration of structure

EA: Executing Agency; IA: Implementing Agency; SRC: Social and Resettlement Committee; NGO: Non-Government Organization RO: Resettlement Officer 10. As per the Matrix, affected people will be entitled to compensation for loss of landand trees/crops; structure/immovable properties; and additional assistance for vulnerable people. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no costs. Income losses will be compensated, including additional assistance to vulnerable groups. The loss of community structure will be compensated by relocation/reconstruction of the structure in consultation with the affected community. The cut-off date for eligibility is the date of census and/or notification by district collector in the specific road stretches. Land replacement and compensation for structure will be paid at least three months prior to the commencement of construction work on the stretch. Stakeholder Participation, Disclosure of RP and Grievances 11. During the social assessment phase, the consultant’s team with IA staff conducted 6 consultative meetings along the stretches with various stakeholders. The meetings were attended by sarpanch, gram panchayat members, heads of households, and women’s groups. These meetings were used to get wider public input from both the primary and secondary stakeholders.

12. A summary RP for the subproject will be translated into the local language(s) and distributed to the affected households and other stakeholders prior to loan negotiation. The IA will conduct further public consultation during the implementation of the RP. The summary of RP will be disclosed on the ADB website. The consultation will continue throughout the project implementation period. Implementation Framework and Budget 13. MORD of GOI is the executing agency (EA) of the Project. In Chhattisgarh, the project will be implemented under the general supervision of PMGSY Office-Chhattisgarh. At the EA level a full time resettlement specialist will be appointed who monitor and coordinate the implementation of the RP by IA. A Social and Resettlement Committee (SRC) will be established within the implementation agency (IA) for LA and resettlement, and capacity building. At the subproject (district) level, the LA Plan will be implemented by the District Collector assisted by a Chhattisgarh PMGSY Office staff as a Resettlement Officer (RO). 14. A Resettlement Implementation Committee (RIC) for the subproject will be formed to coordinate and supervise the implementation of the LA Plan. The RIC will be headed by the Head of Zilla (District) Parishad and consist of representatives from the district administration, local government and affected persons, including women’s representatives. RIC will prepare verification reports on land compensation and/or status of cash compensation/allocation of replacement land, to those who claimed for such compensation, to be submitted to ADB prior to the award of civil work contracts. 15. A Grievance Redress Committee (GRC) will be established at the IA level to resolve any dispute regarding compensation and other resettlement benefits. The Head of the SRC will chair the GRC with members from District Land and Revenue Department, representatives of affected people, including women/vulnerable groups. GRC claims will be reviewed and resolved within three weeks from the date of submission to the committee. 16. The estimated resettlement budget for the subproject is Rs 19,86,000. The estimates include all costs related to compensation for structures and other benefits as per the entitlement benefits, plus the RP administration costs, and training/capacity building. Monitoring and Evaluation 17. The RP will have both internal and external monitoring. The Resettlement Officer at EA level will be responsible for internal monitoring. The SRC through the Resettlement Implementation Committee will prepare quarterly reports and submit to MORD. The reports will contain progress made in RP implementation with particular attention to compliance with the principles and matrix set out in the Plan. MORD will submit annual monitoring report to ADB. Independent monitoring agency/expert to be hired by the EA with ADB concurrence will carry out external monitoring for the entire project at the state level. The monitoring consultant will be selected within three months of loan approval. The external monitoring will be carried out every year during the RP implementation.

CHAPTER 1

THE PROJECT

1.1 Project Description The proposed Rural Road Sector Project (the Project) under the Ministry of Rural Development (MORD) of the Government of India (GOI) involves the improvement of rural roads in several states in the country. The project forms part of the GOI’s Pradhan Mantri Gram Sadak Yojana (PMGSY) - a national program launched in 2000 to provide all-weather road connectivity to all unconnected rural habitations with a population of more than 1,000 persons by the year 2003 and with a population of between 500-999 by the end of 2007. The fundamental objective of this program is to improve the accessibility of the inhabitants of the rural areas to education, health, employment, and trading opportunities and consequently alleviate poverty in the process. The state of Chhattisgarh (CG) has been selected as “core” subproject for preparation of sector loan for the Project for 2003. Two districts of Bastar and Mahasamund were identified for subproject preparation in Chhattisgarh. Each selected district is considered a subproject, which consists of 45 to 60 km of rural roads in about nine stretches (Table 1.1).

Table 1.1: District-wise Distribution of Stretches in Chhattisgarh

District Number of Stretches Total Length (in km) Bastar 4 44.57 km

Mahasamund 5 60.00 km Total 9 104.57 km

The two subprojects in Chhattisgarh were selected following the PMGSY criteria of 1,000 plus population without any all-weather road connection, which includes existing gravel roads and water bound macadam roads. The PMGSY Guidelines (enclosed as Annexure I) considers improvements and/or upgrading of existing roads only under the above criteria. Construction of new roads or alignments involving fresh acquisition of land and displacement of people are not eligible under the program. The Government of Chhattisgarh has entrusted the responsibility of planning and executing the construction work of rural roads in the state on the Chhattisgarh PMGSY Office, headed by the Chief Engineer (CE). The Ministry of Rural Development (MORD) will be the Executing Agency (EA) for the Project. 1.2 Project Impacts and Benefits The proposed rural road project will improve the accessibility of the inhabitants of the rural areas to education, health, employment, and trading opportunities and will consequently alleviate poverty in the process. The lack of all weather road access in the subproject areas constraints economic activities in these isolated areas, and prevents the communities from being fully integrated into the structure of the national economy and accessing essential services such as education, health and employment. Thus, the rural access roads are expected to provide critical support and development links,

including personal mobility, access to services, and growth of non-farm employment in the previously unserved areas. The project impact/beneficiary areas include indigenous peoples. Chapter 2 presents profiles of the indigenous people separately. The expected positive impacts of the Project, as derived from the consultations held with the people are enumerated below. The foremost benefit of the Project is that it will provide improved transport services, thus, reducing the travel time considerably. The subproject regions are currently isolated for up to four months during the monsoon season, due to poor or minimal road connectivity to district and state networks. As a result, improved roads will help people to have better & improved access to health, education & other social services. Furthermore, it will increase new economic & employment opportunities by providing improved linkages to new markets, production centers & other areas of economic opportunities. As a result, people will have wider options in buying and selling their commodities. The villagers would be able to transport their produce faster and get more profit margins instead of depending solely on local ‘haats’ and middlemen. Fourth, improved connectivity will facilitate travel to Block Development Office and other local government/development agencies. Women will especially benefit, since their mobility will be augmented both in terms of access to social services, as well as access to higher levels of schooling. Women’s access to higher levels of health care outside the village particularly during the time of childbearing will also improve considerably. Hence, the proposed Project will bring in economic and social changes in the area, which in turn would bring economic prosperity and would lead to poverty alleviation. The negative impact of the project is in terms of land and loss of structures since the construction of the subprojects will require acquisition of land for adjustment of shoulder and drainage. Based on the initial social assessment (ISA), it is estimated that about 0.50 acre of land/km of road will be required affecting an average of two families. This means an estimated 192 households will experience loss of land in nine road stretches with an average of 0.28 acre per household (Table 1.2). Of the total 192 affected households, an estimated 32 households will experience 10–15% loss of frontage and structure, as a result of the project construction. In addition, the social assessment report indicates that one temple (community structure) will be affected by the project.

Table 1.2:Project Impacts in Chhattisgarh

District Number of Stretches

Total Length (km) Number of Households

Total Loss in Subprojects (acre)

Bastar 4 44.57 km 57 21 Mahasamund 5 60.00 km 135 33

Total 9 104.57 km 192 54 1.3 Measures to Minimize Impact To minimize impact and to reduce disruption of livelihood, efforts were undertaken during the initial design by keeping the ROW within the existing alignments. In keeping with PMGSY guidelines, technical design was adjusted to avoid or minimize loss of structures, by construction within the ROW particularly when the road runs through an intermediate village. Further, field visits and public consultations helped in developing the measures towards minimizing negative social impacts. During the course of the ISA it was found that out of the 9 proposed stretches, bypass would be required in only one

particular stretch in Bastar (Sonabal to Matapadar stretch), where a weekly ‘haat’ is falling on the proposed alignment. The construction of the proposed road would completely disrupt the haat and would require its relocation. To minimize the adverse impact on this weekly haat, a bypass would be constructed on an existing alternative alignment available. In case of construction of this bypass, there would be loss of revenue land to the amount of 1.50 acres. 1.4 Objective of the Resettlement Plan (RP) The Resettlement Plan (RP) is guided by the ADB policy on Involuntary Resettlement (1995), Land Acquisition Act (1894), and Chhattisgarh Land Revenue Code (1959). The primary objective of the RP is to mitigate various losses and impacts of the project. The RP is based on the general findings of the socioeconomic survey, field visits, and meetings with various project-affected persons in the two sub-project area. The RP presents (i) type and extent of loss of assets, including land and houses; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.

CHAPTER 2

INDIGENOUS PEOPLE

This Chapter presents an overview of the Indigenous People (IP) in the two sub-project regions of Bastar and Mahasamund. The objective of this chapter is to present the socio-economic status and cultural practices of the IPs in the project region and examine the various tribal development plans and schemes in the state for their welfare and development. 2.1 Indigenous People By definition, Indigenous People refers to a population group with social, cultural, economic and political traditions and institutions distinct from the mainstream or dominant society and culture. Indigenous people with similar cultural characteristics are known as ‘Adivasi’ in Hindi and are recognized as Scheduled Tribes (STs) according to the Indian Constitution. The STs constitute roughly 8 percent of the India’s total population, i.e. nearly 68 million people according to the 1991 Census of India. The Constitution has recognized about 573 communities as STs, which confers entitlements to affirmative action programs including reserved seats in legislatures, various subsidies and separate educational facilities. 2.2 Indigenous People in Chhattisgarh The newly constituted state of Chhattisgarh is home to a large tribal population, which is diverse in location, origin, socio-cultural history, language, livelihood and level of development. The state has a tribal population of 32.45%3, the highest proportion of any state in India. The ST population is concentrated over nearly 65% of the state area, covering seven districts entirely and six districts partly. A large proportion of the ST population, particularly girls, remains outside the scope and reach of formal schooling in the state. The 1991 Census of India indicated that the overall literacy rate among STs was 26.7%, with male-female literacy of 39.7% and 13.9% respectively. Table 2.1 gives the district wise distribution of ST population in the state.

Table 2.1: Details of ST population in the District of Chhattisgarh

District Total Population

of the District

Population of ST

STs as % of Total

Population

Major Tribes Other Tribes

Bilaspur 1694883

347216 20

Korba 825891 356222 43

Gond, Kawar Dhanwar, Bhinjwar, Sawar, Bhaina, Oraon,

Majhwar Janjgir-Champa

1110200 135641 12 Bharia, Agaria

Surguja 1581872 897217 57

Gond, Kawar, Oraon

Nagasia.

3 Source: Census of India, 1991.

Koria 500758 220360 44 Khairwar, Dhanwar,

Konya Raigarh 1065939 392385 37

Gond, Oraon, Kawar, Sawar

Bharia, Bhinjwar. Jashpur 656352 429092 65 Dhanwar, Kharia,

Korwa, Ma'hi, Naasia

Raipur 2529166 331554 13 Bhinjwar, Saur, Sawar,

Mahasamund 791197 222298 28

Gond, Kawar

Halba, Bhunjia Kamar

Dhamtari 587679 160175 27 Gond, Halba Kawar Durg 2397134 298059 12

Rajnangaon 1089047 293071 27 Kawardha 513496 103946 20

Gond, Kawar Halba

Baiga

Bastar 1116896 742799 67 Gond, Bhatra Kanker 532151 296584 56

Dantewada 622267 490505 79 Gond, Halba

Pardhi

TOTAL 17614928 5717124 32 Source: Chhattisgarh Tribal Development Strategy Census 1991 & Chhattisgarh - A State is Born. There are 42 Scheduled Tribes in Chhattisgarh, including seven groups classified as “primitive tribes” 4. The areas of tribal concentration in Chhattisgarh can be classified as under: North Eastern Zone comprises of the districts of Surguja, Raigarh, Bilaspur and

areas and other adjoining districts. The primary hilly northeastern zone is abode to the Oranos, Kawar, Majhi, Bharia, Agaria, Nagasia, Khairwar, and Dhanwar. The area has a number of “primitive tribes” such as Korwas and Baiga.

Southern Zone comprises of Bastar and other districts carved out of Bastar. Various

tribes like Gond, Bhatra, Halba, Maria and Pardhi populate this area. Numerically, Gond is the largest tribe of Chhattisgarh.

2.3 Socio-Economic Profile of the STs in Chhattisgarh: An Overview The ST population of Chhattisgarh has its own indigenous culture of spirits, deities, dialects, customs and food habits. With the exception of some isolated tribes, which continue to be in the food gathering stage, settled cultivation is the dominant mode of occupation for most of the STs in the state. However, forests continue to be a significant source of livelihood. The ST population in the state is thus, mainly engaged in the primary sector – agriculture and forestry. In addition, wage labor is a major component of their livelihood. A large source of wage labor for STs is in agriculture operations, with a large number of the STs in the state working as agricultural labor. AGRICULTURE: Agriculture is the major occupation of the STs in the region, however the level of economic security provided by it is very limited. The poor quality of land, 4 Four categories have been laid down by the Government of India for notification as ‘Primitive Tribes’ – economy based on extremely backward agricultural technology, very low literacy rate, isolated from the mainstream lifestyle due to geographical situation and low growth rate of population than expected for a long period. These seven primitive tribes are – Abujhmariya, Baiga, Phadi Korwa, Bhariya (Patalkot), Sahriya, Kamar and Bihor.

practice of mono cropping and the lack of proper farm development practices are the main contributing factors for the poor agricultural production. ST farmers mainly practice subsistence cultivation, as they do not have surplus crop they can sell, although small amounts are bartered. There poor potential to invest in the improvement of land productivity further adds to their situation. In most of the districts of Chhattisgarh, very few ST families own land. The size of these land holdings is smaller when compared to those of the general population, with the majority of STs owning marginal land holdings of less than 5 acres. The proportion of tribal land holdings is also lower than their proportion in the total population. Further, their share of cultivated land is smaller than their share in population in nearly all the districts. FORESTRY: The Tribal economy and life in the state is also largely dependent on forests and its produce. These include firewood and other minor forest produce that is used by them for personal consumption and for sales, for nutritional purposes, for cultural and lifestyle usages, for medicinal purposes and other myriad uses. Apart from this, the most important employment generation takes place through collection and sale of Non Timber Forest Produces (NTFP), which are collected by STs across the state. The most important among these NTFPs are nationalized and include tendu patta, sal seeds and harra. The non-nationalized NTFPs collected by the STs include awla, imli, chironji, mahua and lac. EMPLOYMENT PATTERN: Table 2.2 draws attention to the district wise employment pattern of the ST population in the state of Chhattisgarh. The ST participation rate in rural areas is higher in comparison to the participation rate in urban areas, signifying their higher concentration in the rural areas. According to the 1991 Census, the rural-urban distribution of the ST population in the state is 96% and 4% respectively.

Table 2.2: District wise ST worker’s participation rate in Chhattisgarh

Worker Participation Rate District Total Male Female Rural Urban

Sarguja Koria 52% 60% 44% 53% 29%

Bilaspur Korba Janjgir-Champa

51% 57% 45% 52% 35%

Raigarh Jashpur 53% 60% 47% 54% 34%

Rajnandgaon Kawardha 58% 58% 59% 59% 39%

Durg 52% 53% 50% 55% 35% Raipur Dhamtari Mahasamund

55% 58% 51% 55% 38%

Bastar Kanker Dantewada

57% 61% 54% 58% 34%

Chhattisgarh 54% 59% 49% 55% 35%

The participation rate of STs in the state is 54%, with a statewide male-female participation rate of 59% and 49% respectively. So, active economic participation of tribal women in labour and agriculture is an important attribute of the ST population in the state, which reflects the fact that the tribal society is unhindered by caste taboos that place restrictions on women’s mobility. Mostly it is tribal women who gather fuel wood and other forests produces and brings it to local ‘haats’ for sale. MIGRATION: Their low asset base in terms of land, livestock and few options of self-employment, makes it imperative for the ST families to migrate to urban centers and industrial areas in large towns and other states, in search of wage labor/employment. The employment is usually available in areas of agriculture, public works, brick kilns and construction. The migration is usually for a period of three to six months, to the neighboring towns like Raipur (Chhattisgarh), and also to the neighboring states of Bhopal (M.P), Sambalpur (Orissa), Calcutta (West Bengal), Udhampur, Mathura, Ferozabad (Uttar Pradesh). 2.4 Indigenous People in the sub-projects The two sub-projects areas have a significant proportion of ST population. In the sub-project district of Bastar and Mahasamund, ST population constitutes 66.5% and 28.09% of the total population respectively. The main tribes in the sub-project districts are Gonds such as Marias, Murias, Abhujmarias, Dhurwa and Dorla, and non-Gond groups like Bhatras, Halba, Kawar and Bhunjia. Of the total estimated 192 APs in the two sub-projects, who will experience some loss of land or structure as a consequence of the Project, 90 are STs. However, these impacts are limited in nature and will not have any real impact on the livelihoods of the affected ST households. Table 2.3 represents the estimated number and names of the affected Scheduled Tribes in the two sub-projects covered during the SES. Furthermore, the proposed Project will not have any adverse impact either on their socio-economic and cultural integrity or their customary rights of use and access to land and natural resources. The Project will enhance the access of the STs to market, employment and social services, including health and education. The Project would also further improve the access of STs to various developmental schemes and plans running in the state for their welfare, thus contributing to their socio-economic well-being and development.

Table 2.3: District wise number of ST APs covered during SES

Name of the Tribe District Gond Bhatra Bhinjwar Saurya Bharia Total

Bastar 1 7 - - - 8 Mahasamund 9 - 6 2 1 18

TOTAL 10 7 6 2 1 26 Source: SES 2.5 State Government Programs for Tribal Development Several programs in the state are dedicated primarily for the welfare and socio-economic development of the tribal/indigenous population. A brief description of the programs is in order.

2.5.1. Department of Tribal and Scheduled Caste Welfare (DTSCW) Department of Tribal and Scheduled Caste Welfare (DTSCW) is responsible for the development of tribal areas and communities in the state. The main function of the department is to promote and protect the rights of the tribal communities, in accordance with the Constitution. The department is mainly responsible for implementing programs for the educational and economic development of the STs of the state. The department is headed by Minister of Tribal Welfare, who is assisted by a Secretary. The Commissioner of Tribal Welfare is the State-level executive in-charge of the department. The DTSCW has district level offices in all 16 districts of the state. Tribal education is separate from the State’s Department of Education. Provision of educational infrastructure and services in tribal areas is the major function of the DTSCW, including construction of school buildings, recruitment and administration of teachers, management of hostels, scholarships and other incentives for improving access to schooling in tribal areas. Nearly 8,545 primary schools, 1,914 middle schools, 332 High Schools, 293 Higher Secondary Schools, 1,030 Pre-Matriculation Schools, 5 model schools, 3 Girls Education Complexes, 11 Sports Schools, 76 Post-Matriculation Hostels, 597 Boarding Schools are run directly by the Department in 85 tribal blocks all over the state5. The list of schemes and programs running in the state for the welfare and development of STs are enclosed as Annexure II In addition, DTSCW is the principal planning and coordination body for the Tribal Sub Plan (TSP)6 through the Integrated Tribal Development Plan (ITDP) and MADA7 projects in tribal areas and clusters. Through its district level offices, the department monitors the flow and utilization of TSP/ MADA funds that are allocated to the various line departments. Under these arrangements, Chhattisgarh now has:

• 18 ITDPs (Integrated Tribal development Plan), • 9 MADA pockets, • 6 Special Most Backward Tribal Development Authorities • 2 Clusters.

Each of these has a specific project and fund allocation handled and coordinated by the department of Tribal Development and SC welfare. 2.5.2. Chhattisgarh Scheduled Tribe Commission The ST Commission was set up by the Government to monitor the application of the state policy for STs. The Commission acts as a "watchdog" mechanism protecting legal, development and human rights of tribal communities. Its principal functions include monitoring and vigilance of development programs for STs and providing feedback for their improved implementation. Further, it can also make recommendations on reservation policy for public services and educational institutions. The Commission has

5 Department of Education; Department of Tribal Welfare, 2001-2002 6 Tribal Sub Plan areas include Scheduled areas and those tehsils in which tribal population exceeds 50% of the total population. 7 Modified Area Development Approach (MADA) was introduced in the sixth plan (1980-85). And it includes clusters with an aggregate population of 10,000 and where 50% of the population belongs to tribal communities.

been accorded judicial powers of a civil court and it can initiate legal action accordingly through summons, investigations, and demand for documentation. 2.5.3. Chhattisgarh State Minor Forest Produce Cooperative Federation The Federation was set up with the aim of freeing STs from the exploitative practices of middlemen in the trade of Non Timber Forest Produce (NTFP) [particularly the most valuable product tendu patta] and to ensure that the tribal collectors get a fair price. It is the apex body with a three tier structure, comprising of Primary Societies and District Unions that undertake the procurement of tendu patta and other minor forest produce such as Sal seeds, harra and gum. The Federation is also diversifying to other high-value forest based produce such as honey. 2.6 Summary The state has recognized the socio-economic vulnerabilities of the STs and has made numerous efforts to address their developmental needs. It has been the primary focus of the state agencies to develop the STs both economically and socially without adversely affecting their cultural integrity and practices. The state run tribal development program has contributed significantly in improving the status of STs in the state. The educational programs run by the state have been successful in providing quality education to the ST population to a large extent. These programs have increased access to educational services and consequently also increased the number of school-going ST boys and girls. Furthermore, provision of hostel for girls has helped to check the drop out rate of ST girls. The state is also providing economic assistance to the ST households at times of need, which has reduced the dependence of STs on moneylenders, thus lessening their indebt ness. In addition, the grant for education and vocational training provided by the state to the STs has enabled the economic mainstreaming of the ST population. Since the Project will provide improved access to various socio-economic services, it will in turn further boost the progress made by these developmental programs. The primary objective of Rural Roads Project is economic growth and poverty reduction in the rural areas through enhanced access to market, employment and social services, including health and education. So this Project will further supplement the efforts of the state in achieving its goal of overall development of ST population. Since the IP constitutes a significant proportion of the population in the two sub-projects, the Project also ensures that they do not suffer adversely as a result of the project construction. The adverse impact of the Project on the Indigenous People in the two sub-projects will be limited in terms of loss of land and structures and the project will not have any real impact on their livelihoods. The Resettlement Plan provides for adequate compensation measures and assistance to the affected ST households, and taking into consideration their socio-economic vulnerability, also makes provisions for additional assistance for vulnerable groups. The RP is hence, sufficient to address the limited impacts to be experienced by IPs. In addition, a separate IPDP has been prepared aimed at overall social and economic development of the tribal/indigenous peoples.

CHAPTER 3

REVIEW AND ANALYSIS OF SOCIO-ECONOMIC SURVEY

This Chapter presents an overview of the Project area and an analysis of the project impacts based on the initial social assessment findings. The purpose of this analysis is to develop profiles of the people and communities getting affected by the project and to identify the nature and types of losses. 3.1 The Project Area The State of Chhattisgarh has a total population of 20,795,956. The sex ratio is 990 females per 1000 males. The rural-urban distribution of population is 79.92% and 20.07%, respectively8. The statewide literacy rate is 65.12%, with male-female literacy rate of 77.86% and 52.28%, respectively. According to the 1991 Census of India, the schedule caste (SC) and schedule tribes (ST) constitute 12.20 % and 32.40% of the total population of the state. Table 3.1 presents some of the socio-demographic data of the state and the two sub-project regions. The literacy rate and the density of population in is higher in the district of Mahasamund in comparison to Bastar. There is a preponderance of the Scheduled Tribes population in the district of Bastar.

Table 3.1:Socio-Demographic Profiles of the Project Area

District Population

Density Literacy Rate SC* ST*

Year 2001

Total Male Female Total

Male Female % %

Bastar

1302253

648068

654185

87

37.54%

47.14%

28.02%

6.4

66.5

Mahasamund

860176

426011

434165

180

57.18%

34.06%

23.12%

11.6

28.0

Chhattisgarh

20,795,956

10,452,426

10,343,530

154

65.12%

77.86%

52.28%

12.2

32.4

* District-wise % of SC & ST population is according to the Census of India, 1991. Source: Chhattisgarh at a Glance 2002, Directorate of Economics & Statistics, Chhattisgarh. With 57.03% of the total workforce of the state comprising of cultivators and 23.05% engaged in agricultural labor, agriculture is the mainstay of the people of Chattisgarh and forms the backbone of it’s economy. The project area is predominantly rural and agriculture is the mainstay of the people of the sub-project regions. Mono cropping is the predominant practice and covers almost 80% of the state area. 3.2 Description of Sub-projects The Project will cover 34 settlements on the nine proposed stretches in the two sub-project districts of Chhattisgarh namely Bastar and Mahasamund. The Project will benefit 32,865 people living on these proposed roads. The proposed Rural Road Network in each sub-project is based on a district rural roads plan, which is prepared in each district (based on Block level maps), indicating the existing road network, the unconnected habitations and the most cost-efficient roads to connect the habitations.

8 Source: Chhattisgarh at a Glance 2002, Directorate of Economics and Statistics, Chhattisgarh.

This network of all weather roads (AWR) will join these hitherto unconnected villages to their respective Development Blocks and Tehsil (sub-district) headquarters. The district wise list of proposed road stretches is appended as Annexure III. A. SUB-PROJECT I: Bastar

The first sub-project covers two blocks, namely Bastar & Kondagaon in the district of Bastar. The sub-project consists of four (4) stretches covering sixteen (16) villages. Out of these, seven (7) villages are in Bastar Block and nine (9) in Kondagaon Block. The map of project area is enclosed as Annexure IV. The district of Bastar occupies an area of 1702 thousand hectares & has a population of 1,302,253. The rural-urban population of the district is 1,172,265 and 129,988 respectively. The sex ratio of Bastar is 1009 females per thousand males. The total literate population of the district is 488887, with male-female literacy rate of 47.14%and 28.02% respectively9. The sub project area is largely agricultural with the total employment of 88.2% in the agriculture sector. Agricultural labor constitutes 17.3% of the total work force. There is a preponderance of STs in the district and they comprise 66.5% of the total population. The major tribes in the district are Gonds such as Marias, Murias, Abhujmarias, Dhurwa and Dorla, and non-Gond groups like Bhatras, Halba, Kawar and Bhunjia. B: SUB-PROJECT II: MAHASAMUND The second sub-project covers one block, namely Pithora in the district of Mahasamund. The sub-project consists of five (5) stretches covering eighteen (18) villages in Pithora Block.

The district of Mahasamund occupies an area of 496 thousand hectares and has a population of 860,176. The rural-urban population of the district is 762,410 and 97,776 respectively. The sex ratio of Mahasamund is 1019 females per thousand males. The total literate population of the district is 491886. The male and female literacy rate of the district is 34.06% and 23.12% respectively.10 Agriculture is the primary source of occupation with 87.6% of the total employment concentrated in this sector. 34.5% of the population is working as agricultural labor to substantiate their income. The ST population comprises 28% of the total population of the district and the major tribes are Gonds, Bhatras, Halba and Pardhi. 3.3 Socio-Economic Survey (SES) The socio-economic survey (SES) was conducted in the month of December 2002 on the nine proposed road alignments, covering a total of 104.57 kilometers, in the two sub-project/districts of Bastar and Mahasamund. The team comprised of 6 trained social scientists. The objective of the SES was to generate information on the magnitude of loss (land acquisition), extent to which groups will lose assets partially or totally and the 9 Source: Chhattisgarh at a Glance 2002, Directorate of Economics and Statistics, Chhattisgarh. 10 Source: Chhattisgarh at a Glance 2002, Directorate of Economics and Statistics, Chhattisgarh.

response of people towards the project. The SES identified an estimated 192 affected households which will experience some loss of land or structure as a consequence of the project in the two sub-project regions. About 70% of the total affected population resides in sub-project II Mahasamund. The rest 30% of the AP population is located in sub-project I Bastar. The SES covered 66 households (34% of the total 192 affected households) in the two sub-project regions. Table 3.3 illustrates the district-wise total number of affected households covered during the course of the SES.

Table 3.3 - Project Affected Households

Sub-Project

Total number of Affected Households

Number of Affected Households covered

during the SES Bastar 57 19

Mahasamund 135 47 Total 192 66

Source: SES During the course of the ISA, the team used several techniques like discussions with schoolteachers, health workers etc., focus group discussions (FGDs), and individual survey for collection of field-based data. The survey collected a wide range of data including demography, religion, social stratification, loss of assets, present usage of structures, education, occupation, income, expenditure patterns, tenure/ownership, access to public amenities, preference for compensation etc. The database provides a detailed picture of the social and economic conditions and the likely impact that the people may have to sustain due to the project. A selected set of socioeconomic information is presented in the following sections to establish a profile of the affected people and communities. 3.4 Social Profile of the APs 3.4.1 Social Category of the APs Table 3.4.1 presents information on the social status of the project-affected persons in each of the sub-project regions. Socially vulnerable groups like Schedule Caste, (SC), Schedule Tribe (ST) and Other Backward Classes (OBC) constitute a sizeable number of the project-affected population. The ST population is mainly concentrated in the district of Bastar, while the proportion of the OBC population is higher in the district of Mahasamund. Out of the total APs interviewed, during the course of SES, 5 APs belonged to the general category and 4 APs belonged to the Schedule Caste (SC) group.

Table 3.4.1: Social Category of the APs

District General SC ST OBC Total Bastar - 3 7 9 19

Mahasamund 5 1 19 22 47 Total 5 4 26 31 66

Source: SES

3.4.2: Educational Levels of the APs Table 3.4.2 illustrates that out of the two sub-project regions, the proportion of illiterates is highest in the district of Bastar. Out of the 66 APs interviewed during the SES, 21 APs are illiterates, while 13 have studied up to the primary level. The remaining comprise of those with functional literacy and those who have studied till the middle school and higher secondary level.

Table 3.4.2: Educational Levels of APs

District Functional Literacy

Primary Middle Higher Secondary

Senior secondary

Illiterate Total

Bastar 6 2 2 1 - 8 19 Mahasamun

d 6 11 10 5 2 13 47

Total 12 13 12 6 2 21 66 Source: SES

3.5 Economic Profile 3.5.1 Occupational Background of the Affected Households The SES findings revealed that most of the APs were involved in more than one activity for earning their livelihood. This can be largely attributed to the small size of land holdings and the prevalent practice of mono cropping in the area. To earn their livelihood, the majority of the affected households are involved in more than one occupation namely agriculture, agricultural labour and sale of non-timber forest produces. Agriculture is the primary source of occupation with more than 90% of APs either engaged in agriculture or working as agricultural labour to substantiate their income. A very small proportion of the population is engaged in trade, private service and other occupation like pottery and handicrafts in the two sub-project districts. 3.5.2 Landholding Patterns The SES findings show that over 47% of the landholders are small and marginal farmers with land holding size of less than 5 acres. According to the SES findings, the majority of the APs own 2- 5 acres of land, followed by the APs with the landholding size of less than 2 acres. The majority of the APs, thus, comprises of marginal farmers, by and large involved in subsistence farming. Out of the total APs interviewed, 14 own 6-9 acres of land, while 3 are landless.

Table 3.5.2: District wise Landholding Pattern

Units of land owned (in acres) District Less

than 2 acres

2-5 acres

6-9 acres

10-15 acres

16-20 acres

Above 20

acres

Landless

Total

Bastar 5 4 4 3 2 1 - 19 Mahasamund 7 15 10 9 2 1 3 47

Total 12 19 14 12 4 2 3 66 Source: SES

3.5.3 Ownership Status of the APs 3.5.3.A: Residential Ownership Status Table 3.5.3.A represents the ownership pattern of the residential units of the APs in the two sub-projects. The SES findings highlighted that more than 97% of the APs interviewed are legal titleholders of their residential units.

Table 3.5.3.A: Residential Ownership Status of APs

District Legal holder Encroacher Total Bastar 18 1 19

Mahasamund 47 - 47 Total 65 1 66

Source: SES 3.5.3.B: Land Ownership Status of APs According to the SES data, legal titleholders form the largest group of APs in the two sub-project areas. Out of the 66 APs interviewed during the SES, 56 are legal titleholders of the land they are cultivating. Encroachers constitute only 7 of the total APs interviewed, with the remaining 3 APs being landless.

Table 3.5.3.B: Land Ownership Status of APs

District Legal holder Encroacher Landless Total Bastar 12 7 - 19

Mahasamund 44 - 3 47 Total 56 7 3 66

Source: SES 3.6 Types of Project Impacts 3.6.1 Negative Impact Of the 66 APs, 21 were of the opinion that the project will not have any adverse impact on them. On the other hand, the remaining 45 APs came up with a range of negative impacts of the proposed project. Table 3.5.1 represents the types of negative impacts of the project as voiced by the APs. Fourteen APs regarded the loss of agricultural land due to the Project construction as the only adverse impact of the Project, while 12 voiced loss of structure that they would undergo, as a negative impact of the project. A small proportion of APs considered loss of livelihood and income as a detrimental impact of the Project.

The social assessment report indicates that one temple will be affected by the project in sub-project district of Mahasamund. This was perceived as a negative impact by one of the APs.

Table 3.6.1: Negative Impacts of the Project

Negative Impact Distri

ct Loss of livelihood

Loss of Income

Structural Loss

Disruption of social/ cultural/economic/ religious sites

Loss of agricultural Land

Multiple Impact11

None Total

Bastar 2 1 2 - 9 1 4 19 Mahasamund

2 3 10 1 5 9 17 47

Total 2 4 12 1 14 10 21 66 Source: SES 3.6.2 Positive Impact According to the SES data, improvement in transportation and improved accessibility to various social and economic facilities is the most positive impact of the proposed rural road construction in the two sub-project regions. Twenty-nine APs voiced multiple positive impacts, which included a combination of increased accessibility to facilities, improvement in transportation, increase in value of property and increase in employment as the positive impacts of the proposed Project. On the other hand, 19 APs did not perceive any significant advantage of the project.

Table 3.6.2: Positive Impacts of the Project

Positive Impact District Increase in

Income Increased

accessibility to facilities

Increase In value of Property

Improvement in

transportation

Multiple Impact12

None Total

Bastar 1 2 - 2 8 6 19 Mahasamund - 2 1 10 21 13 47

Total 1 4 1 12 29 19 66 Source: SES 3.6.3 Impact on Vulnerable Groups It is noted that the ST population forms the majority population in the two sub-project districts. Out of the total APs in the two sub-project areas, 46.8% comprises of the ST population. The proposed Project will not have any adverse impacts either on their socio-economic and cultural integrity or their customary rights of use and access to land and natural resources. Further the STs living on the proposed stretches are considered to be culturally integrated with non-STs. Based on estimated incomes, about 47% of the affected households covered during the SES are under the nationally defined poverty line.13 The proposed rural road project will not have any adverse impact on the BPL 11 Multiple Negative Impacts included a combination of Loss of income, structural losses and agricultural land loss. 12 Multiple Positive Impacts included a combination of increased accessibility to facilities and improvement in transportation, increase in value of property and increase in employment. 13 In terms of Rupee value, the poverty line is defined as an income of Rs. 311/per person per month (rural) and Rs. 482 /per person per month for urban. Government of India, Poverty Estimates for 1999-2000, New Delhi, February 2001.

households. The construction of the proposed roads is expected to increase socio-economic services and employment opportunities in the area, which would in turn lead to alleviation of poverty, thereby benefiting the BPL households. The Project will boost the weekly haat network by increasing the number of buyers and sellers. As a result, the communities will have wider options in buying and selling their commodities. The Project will offer special benefits to women by increasing the opportunity among girls to access middle level and higher education, and by augmenting access of women to improved local services and higher levels of health care outside the village particularly during the time of child-bearing. Furthermore, elderly and disabled also will not suffer from any detrimental impact of the Project. The road connectivity will enormously boost their mobility by improving access to social and medical services, consequently improving their quality of life. 3.7 Summary of SES Findings and Response to the Project The proposed rural road project is expected to bring in economic and social changes in the area, which in turn would bring economic prosperity and would lead to poverty alleviation. The expected positive impacts of the Project are derived from the consultations held with the people. The foremost benefit of the project will be in terms of improvement in the means of transportation. The project will reduce travel time significantly by improving transport services. The improved roads will further help people to have better access to health, education and other social services. In addition, new economic and employment opportunities are also expected to increase, as the Project will augment linkages to new markets, production centers and other areas of economic opportunities. Lastly, people would be able to transport their produce faster to the markets instead of depending solely on the local ‘haats’ and middlemen. Although local communities will benefit from the construction of the rural roads, they are not willing to contribute voluntarily any additional land required for the improvement of the rural roads as in the case of MP. This can be largely attributed to the high significance attached to the land owing to the small size of landholdings and the practice of mono cropping in the area. The adverse impacts of the project largely comprise of loss of structures and loss of agricultural land since the construction of road would require some acquisition. To minimize this impact, measures/policies for mitigation have been adopted and discussed in the Chapter - 4.

CHAPTER 4

RESETTLEMENT PRINCIPLES AND ENTITLEMENT MATRIX The objective of this chapter is to discuss the key national, state and project-specific resettlement policies and legal issues involved in the process of land acquisition and compensation. This chapter further seeks to provide an outline of the policy and procedure for land acquisition and compensation payments. 4.1 Policy Framework – Review of National/State Policy and ADB Requirements In India, compensation for land acquisition (LA) and resettlement assistance for project-affected people is generally governed by the Land Acquisition Act (1894), which has been amended from time to time. However, the LA Act does not cover project-affected persons without titles or ownership records such as encroachers nor requires to minimize project impacts through alternative options .The ADB policy requires to (i) avoid or minimize impacts where possible; (ii) consultation with the affected people in project planning and implementation; (iii) payments of compensation for acquired assets at the market/replacement value; (iv) resettlement assistance to affected persons, including non-titled persons; and (iv) special attention to vulnerable people/groups. The Chhattisgarh Land Revenue Code (1959) provides for alternative/replacement land in case of land acquisition for district and rural roads. Therefore, the resettlement policy/principles adopted in this project are derived from the Chhattisgarh Revenue Code (1959), LA Act (1894) and ADB’s Involuntary Resettlement Policy. 4.2 Resettlement Principles and Assistance In accordance with the policy framework for the project, all affected persons (AP) will be entitled to a combination of compensation measures and assistance, depending on the nature of ownership rights of lost assets and scope of impact, including social and economic vulnerability of the affected persons. The project will adopt the following principles with regard to land acquisition and compensation: (i) replacement land; and (iii) cash compensation for lost assets. Based on the adopted principles, APs in this project will be eligible for the following compensation and assistance:

(i) In cases where land is acquired for road improvements, affected households will be eligible for replacement land or cash compensation based on market/replacement value;

(ii) APs will be paid cash compensation for loss of crops or trees; (iii) Compensation for loss of structures and/or frontage (both residential and

commercial) and other immovable assets will be paid cash (without deduction of depreciated value);

(iv) APs will be paid cash allowance for loss of income/workdays, if applicable;

(v) Additional cash assistance will be given to vulnerable groups;

(vi) Cash compensation or reconstruction of the community structures affected by

road widening and improvements. Further, the compensation measures and assistance will be guided by principles such as (i) minimize land acquisition where required; (ii) avoid and/or minimize displacement and disruption during the construction of the road project; (iii) disclosure and consultation with affected people and other stakeholders; (iv) special attention to disadvantaged and vulnerable people/groups; and (v) appropriate grievance redressal and monitoring of the implementation by suitably qualified independent agency. 4.3 The Entitlement Matrix An entitlement matrix has been developed based on the categories of project-affected persons according to their losses and their entitlement benefits. The matrix (Table 4.1) lists various types of losses, identification/eligibility, entitlement and results of action. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits. Table 4.1-Detailed Entitlement Matrix Type of Loss Identification

of Affected Household

Entitlement Organizations/ Agencies

responsible

Results of Action

(i) Loss of agricultural land for shoulder and drainage

(i) Owner /operator of the affected plot

(i) Replacement land as per the Revenue code or cash compensation at replacement cost; plus refund of land registration costs, stamps, etc. incurred for replacement land

District Collector; EA/IA; SRC; ROs; and implementing NGO

(i) Replacement land or cash compensation for lost assets

(ii) Loss of crops and trees

(ii) Owner(s)/ sharecropper/ tenants

(ii) Market value as assessed by forest dept for timber, agricultural extension for crops, and horticulture for perennial trees

District Collector (assisted by forestry and agricultural extension); IA/ROs; implementing NGO

(ii) Cash compensation for lost assets

(iii) Loss of frontage /structure due to road improvement through the village

(iii) Owner(s) of structures affected due to road improvement/upgrading

(iii) Reconstruction cost (without depreciation) for lost frontage or structure; affected persons will be allowed to take salvageable at no costs

District Collector (assisted by PWD); EA/IA, ROs; NGO

(iii) Restoration of structure

(iv) Loss of assets by vulnerable groups

(iv) Affected female-headed households, STs/SC, disabled/elderly

(iv) Lump sum assistance Rs. 2,000 per household; this is in addition to eligible compensation.

EA/IA; ROs; and implementing NGO

(iv) Additional assistance due to vulnerability

(v) Loss of Community Structure

vi) Affected community

(v) Cash compensation/ reconstruction of the community structure with community consultation

EA/IA; ROs; NGO (v) Restoration of structure

EA: Executing Agency, IA: Implementing Agency, SRC: Social and Resettlement Committee, NGO: Non-Government Organization, RO: Resettlement Officer

As per the Matrix, affected people will be entitled to compensation for loss of land and trees/crops; structure/immovable properties; and additional assistance for vulnerable people. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no extra costs. Income losses will be compensated, including additional assistance to vulnerable groups. The loss of community structure will be compensated by relocation/reconstruction of the structure in consultation with the affected community. The cut-off date for eligibility is the date of census and/or notification by district collector in the specific road stretches. Land replacement and compensation for structure will be paid at least three months prior to the commencement of construction work on the stretch. 4.4 Adequacy of the Mitigation Measures In accordance with the above-mentioned policies, all affected persons (AP) will be entitled to a combination of compensation measures and assistance, depending on the nature of ownership rights of lost assets and scope of impact, including social and economic vulnerability of the affected persons. Further, since the adverse impacts of the project are limited in nature, and will not have any real impact on the livelihoods of the affected households, the measures adopted are considered adequate to mitigate the losses. The vulnerable APs comprising of female-headed households, STs, SCs, disabled and elderly, will be given additional assistance to cope with the impacts, in context of their limited resources and socio-economic vulnerability. 4.5 LA Procedures and payments of Compensation The land acquisition will be carried out according to the Land Acquisition Act (1894). The process of land acquisition according to the LA Act is enumerated below: - First Phase The government makes a public announcement that land will be acquired or may be

acquired in the region for public purpose or for a private company. In order to examine whether the land is suitable for the purpose for which it is to be

acquired, government officers conduct a primary survey. (Section 4) People whose land is to be acquired submit applications to the District Collector,

who examines them. (Section 5-K) Second Phase The government declares its intention to acquire particular areas. (Section 4) According to the provisions of the LA Act, the announcement is made and

published in the gazette. (Section 6) The District Collector commences further proceedings (e.g. measurement of land,

delineation of boundaries, mapping, etc.) after obtaining the final order from the government.

Third Phase The Collector issues orders to concerned individuals and to the public to make

applications for compensation (Section 9). The Collector examines these applications (Section 11).

Those who are not satisfied with the award can appeal to the Collector, who forwards the appeals to District Court for further decision (Section 18-28).

Fourth Phase The Collector takes the land into his possession (Section 16). The compensation is paid before collector takes possession of land (Section 31 to

34). 4.6 RP Implementation – Outstanding activities The IA will initiate processes leading to social preparation and implementation of the RP. Table 4.2 identifies key points in RP preparation and implementation.

Table 4.2: Key Action Points for RP Planning and Implementation

TASK STATUS TIMELINE RESPONSIBILITY Project Preparation Phase

1. Establishment of SRC for resettlement management

By June 2003 Chhattisgarh - PMGSY Office

2. Review & approval of the RP

March 2003 MORD

3. Disclosure of RP to the APs

August 2003 Chhattisgarh - PMGSY Office

4. Staff Training on RP implementation

August 2003 Chhattisgarh - PMGSY Office

5. PIU and Field Office for RP implementation

Functional Already functional Chhattisgarh - PMGSY Office

6. Hiring of NGOs for RP implementation

June 2003 Chhattisgarh - PMGSY Office

7. Formation of RIC and GRCs

June 2003 Chhattisgarh - PMGSY Office

RP Implementation Phase 8. Preparation and distribution of IDs for APs

September 2003 Chhattisgarh - PMGSY Office

9. Payment of compensation and other RP related Assistance

September 2003 – December 2003

Chhattisgarh - PMGSY Office

10. Selection of independent Monitoring and Evaluation agency for RP monitoring

June 2003 MORD

CHAPTER 5

STAKEHOLDER PARTICIPATION AND CONSULTATION

5.1 Consultation during Project Preparation Involvement of the affected people is vital in planning and implementing an action plan, to get their views and to ensure their acceptance of the actions planned under the project. During the social assessment phase, six consultative meetings were held along the stretches with the affected families and other stakeholders including, village sarpanch, gram panchayat members, heads of households, and women’s groups. These meetings were used to get wider public input from both the primary and secondary stakeholders. Whereas the consultation methods followed to elicit their views and opinions are detailed below, the details of consultation including the number of meetings held, number and profile of the participants, issues raised have been presented in Annexure V Table 5.1: Methods employed during the course of Consultations

Stakeholders Method Affected People Individual interviews, field level

observations, transect walk Village sarpanch (local

elected representatives)

Discussion/ (individual interview) Women’s groups Focus group discussions

Other vulnerable groups (SC, ST, OBC, Disabled and

Children)

Focus group discussions

Education & Health Institutions

Consultations

5.2 Feedback from Consultation Meetings During the course of consultation, it was found that the villagers in the two sub-project districts of Bastar and Mahasamund were largely unaware of the Project, since minimal efforts were made by the Chhattisgarh PMGSY Office (IA) to inform the various stakeholders about the road improvement scheme, and the positive and possible negative impacts of the Project. Some of the specific issues that were discussed and the feedback received from the villagers during the course of the consultations are summarized below: -

In case of loss of agricultural land due to road improvement, the affected people

demanded compensation in the form of replacement land. In case of loss of frontage/structure especially residential structure getting affected

due to road improvement through the village, the affected people demanded some amount of compensation for reconstruction.

Villagers regarded road connectivity as essential for livelihood enhancement and as an important means to avail social and medical services. However, the villagers were largely unaware of the proposed rural road Project.

5.3 Disclosure of RP The draft/summary RP will be disclosed by the EA and project implementation agencies to the affected households and other stakeholders for review and comments on the policy in general and adequacy of the mitigation measures in particular. The RP will be translated into the local language(s) and will be placed at various public offices, places such as tehsil and district offices, schools, panchayat office and concerned officials and local dignitaries. The IA will do the distribution of RP prior to the loan negotiation. The summary of RP will be disclosed on the ADB website. The collection of comments will take place after one month of the disclosure of the RP, followed by the compilation of the comments and responses received. Subsequently, the IA will organize further public consultation meetings and workshop of all the stakeholders to share the views of public on the Plan for all possible clarifications. The IA will be responsible for at least one workshop at each subproject level. The feedback from the workshop and recommendations will be reviewed and incorporated in the revised and final RP. The consultation process will continue throughout the project implementation period. This is further discussed in Section 5.4. 5.4 Plan for further Consultation and Community Participation during Project Implementation The effectiveness of the action-plan (RP) 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. A local NGO will be entrusted with the task of conducting these consultations. Consultations during LA Plan implementation will involve agreements on land acquisition, compensation and assistance for land acquisition.The consultation process will continue through out the project implementation. The following set of activities will be undertaken for effective implementation of the Plan:

• Together with the NGO, the IA will conduct information dissemination sessions in the project area, solicit the help of the local community/ leaders, and encourage the participation of the AP’s in the Plan implementation.

• Consultation and focus group discussions will be conducted with the vulnerable

groups like women, SC, ST, and OBC’s to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

• The NGOs involved in the implementation of RP will organize public meetings,

and will appraise the communities about the progress in the implementation of project works, including awareness regarding safety issues, particularly in villages to be affected by road construction.

• The NGO will organize public meetings to inform the community about the payment and assistance paid to the community. Regular update of the program of resettlement component of the project will be placed for public display at the Project offices.

Finally, IA and field offices will maintain an ongoing interaction with APs to identify problems and undertake remedial measures. The EA/IA will also ensure that APs are involved in various local committees such as Resettlement Implementation Committee (RIC), and Grievance Redress Committee (GRC). These committees are discussed further in Chapter 6.

CHAPTER 6

IMPLEMENTATION FRAMEWORK AND BUDGET 6.1 Executing Agency The Ministry of Rural Development (MORD) of Government of India is the executing agency of the Project. MORD will be responsible for the overall execution, monitoring and policy enforcement of the RP. To ensure proper coordination and execution of the RP, the MORD will appoint a full-time Resettlement Specialist, who will be responsible for monitoring the progress of the implementation of the RP and will ensure coordination with the IA. The Resettlement Specialist will prepare quarterly progress report on RP implementation. The in-house Resettlement Specialist will also be responsible for preparing annual monitoring and evaluation report for MORD. The monitoring report will contain review of RP implementation in the light of target, budget and duration that had been laid down in the plan. In addition, an independent Monitoring and Evaluation (M&E) Specialist will be hired by the MORD to monitor the implementation of the various provisions and activities planned in the RP. The independent M&E Specialist will review the Plan implementation in light of the targets, budget and duration that had been laid down in the plan. The MORD will report to ADB regarding the progress made on the LA Plan implementation. 6.2 Implementing Agency In the state of Chhattisgarh, the office of the Secretary- Rural Development, supported by the Chhattisgarh-PMGSY Office, headed by a Chief Engineer (CE), has been designated as the Implementing Agency (IA) for the Project. The CE of PMGSY Office - Chhattisgarh will be in charge of the overall project activities and will facilitate land acquisition, capacity building and implementation of the RP. The PMGSY Office will be accountable to the MORD (i.e. the EA) for the implementation of the RP. At the State level, the following institutional framework will be responsible for the implementation of the Project: 6.3 Social and Resettlement Committee (SRC) A Social and Resettlement Committee (SRC) will be established for the implementation of the project at the IA level. The Secretary, Ministry of Rural Development–Chhattisgarh, will be the head of the SRC. The SRC will be in charge of the overall project activities and will primarily facilitate - land acquisition, resettlement and capacity building. The Committee shall ensure that all land acquisition work is handled according to the LA policy/guidelines as laid down in the RP. It will also monitor that all the procedural and legal issues involved in land acquisition are fulfilled. Furthermore, it will also monitor the progress of land acquisition.

Moreover, the SRC will co-ordinate the implementation of R&R activities at the district/sub-project level with the field staff. It will also monitor the resettlement process, the entitlement benefits as well as the performance of the Resettlement Implementation Committee (RIC). Since the IA has no resettlement experience, the SRC will plan for short orientation and training of field staff for RP implementation and management. The training will be conducted by/with the help of NGO/partner agencies. The SRC will also appoint an experienced NGO/partner agency to assist the IA in the implementation of the RP in the two subprojects. 6.4 NGO Selection Criteria, TOR and Functions It is extremely important for the success of the Plan to select an NGO capable, genuine and committed to the tasks assigned. Key quality criteria include:

Experience in direct implementation of programs in local, similar and/or neighboring

districts; Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal

reports, and audited accounts; and Integrity to represent vulnerable groups against abuses; experience in representing

vulnerable groups, demonstrable mandate to represent local groups. The Terms of Reference for the NGO are appended as Annexure – VI. The implementing NGO will be principally responsible for the day-to-day implementation work. The selected NGO shall-

• Develop rapport with the APs; • Survey and verification of the APs due to land acquisition • Prepare micro-plan for RP implementation; • Co-ordinate with the District Resettlement Officer (DRO) to implement R&R

activities; • Assist to issue identity cards to the APs; • Valuation of properties/assets for finalization of replacement value; • Undertake public information campaign at the commencement of the project; • Distribute the pamphlets of RP to the APs; • Assist the APs in receiving the compensation; • Ensure the APs have received their entitlements; • Participate in the meetings organized by the PIU; • Submit monthly progress reports; • Coordinate the meeting of District Level Committees; • Conduct community awareness campaigns.

6.5 Project Implementation Unit (PIU) The Project Implementation Unit (PIU), headed by a Superintendent Engineer (SE), established at the district level, will be responsible for the overall execution of the project. An assistant engineer, designated as Resettlement Officer (RO), will be

responsible for the subproject RP implementation and will report to the Superintendent Engineer (SE) on the day-to-day activities of resettlement implementation. The RO, with guidance and supervision from SE-PIU, will be responsible to carry the following task concerning resettlement of the project:

• Overall responsibility of implementation of R&R activities of LA Plan; • Responsible for land acquisition and R&R activities in the field; • Ensure availability of budget for R&R activities; • Liaison with district administration for support for land acquisition and

implementation of R&R; and • Participate in the district level committees.

6.6 Resettlement Implementation Committee (RIC) A Resettlement Implementation Committee will be formed for the subprojects to coordinate and supervise the implementation of the RP. The RIC will be headed by the head of Zila (District) Parishad and consist of representatives from the district administration, local government and affected persons, including women’s representatives. The RIC will prepare verification reports of the status of cash compensation/allocation of replacement land to be submitted to ADB prior to the award of civil work contracts. 6.7 Resettlement Field Offices And Staff Training PIU will open Resettlement Field Offices with full-time Resettlement Officers (RO’s) for RP implementation. The ROs will undergo a weeklong orientation and training in resettlement management. The training activities will focus on issues concerning (i) principles and procedures of land acquisition; (ii) public consultation and participation; (iii) entitlements and compensation disbursement mechanisms; (iv) Grievance redressal and (v) monitoring of resettlement operation. The ROs will work closely with the District Collector to expedite the payments of compensation for land acquisition and assistance to APs. The ROs will form Local Resettlement Committees in each Block consisting of local representatives and other stakeholders, including APs/women to assist in the implementation of RP activities within the Block. 6.8 Grievance Redress Committee The RP will not just ensure that the benefits are effectively transferred to the beneficiaries but will also ensure that proper disclosure and public consultation with the affected population is undertaken. However, need also exists for an efficient grievance redress mechanism which will assist the APs in resolving their queries and complaints. A Grievance Redress Committee (GRC) will be established at the IA level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The Head of SRC will chair the GRC with members

from District Land and Revenue Department, representatives of affected people, including women/vulnerable groups. 6.8.1 Functions of GRC The functions of the GRC will be:

• To provide support for the APs on problems arising out of LA/property acquisition;

• To record the grievances of the APs, categorize and prioritize the grievances that needs to be resolved by the Committee;

• To inform PIU of serious cases within an appropriate time frame; and • To report to the aggrieved parties about the development regarding their

grievance and decisions of the Project authorities. 6.8.2 Operational Mechanisms of GRC

It is proposed that GRC will meet regularly (at least once a month) on a pre-fixed date. The committee will look into the grievances of the people and will assign the responsibilities to implement the decisions of the committee. The claims will be reviewed and resolved within three weeks from the date of submission to the committee. The mechanism will be based on existing laws. The Grievance Redress Committees (GRC) will be set up at each district. Grievance not resolved amicably at the Panchayat Level Committees (PLCs) will be routed through the NGO to the GRC. Arbitrator may also be appointed for unresolved cases. Minimizing litigation will be the prime effort and going to judiciary will be avoided as far as possible. The various queries, complaints and problems that are likely to be generated among the APs and that might require mitigation, include the following: -

(i) APs not enlisted; (ii) Losses not identified correctly; (iii) Compensation/assistance inadequate or not as per entitlement matrix; (iv) Dispute about ownership; (v) Delay in disbursement of compensation/assistance; and (vi) Improper distribution of compensation/ assistance in case of joint ownership.

Through public consultations, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC .The NGO will act as an in-built grievance redress body. 6.8.3 Grievance Redressal Steps The successive grievance redressal stages are enumerated below: - Panchayat Level Committees: The first stage will be Panchayat level Committees (PLCs) and the NGO. The APs will be encouraged to form PLCs, which will comprise of: Representatives of affected persons;

Panchayat members of the affected villages; and NGO field worker

The participation of vulnerable groups – SCs, STs and OBCs will also be encouraged. The PLCs (and the NGO/S) will meet at regular intervals as decided by the community, specifically for grievance redressing purposes at a pre-decided date, time and place. The APs can be formally present in these meetings and discuss their queries and grievances. At the community level, the committee will have the power to resolve matters either by providing information or agreeing on a follow-up action. It may also reject some grievances for not being legitimate. However, it will have to explain to the AP the premise for not recording the grievance. Legitimate grievances, which the PLC is unable to resolve, will be taken to the GRC, which will then take the necessary action after reviewing the finding of a thorough investigation. The PLC will maintain a register of all queries and grievances, and the subsequent action taken. The APs will present their grievance, concerning compensation for structures / land and R&R assistance to the PLC / NGO. The PLC and NGO will examine the grievance, and will do utmost to reach an amicable settlement to the satisfaction of the APs. Role of PIU: The APs, who would not be satisfied with the decision of the GRC, will have the right to take the grievance to the PIU Head Office for its redress. Failing the redressal of grievance at PIU, the APs will take the case to Arbitration. The Arbitrator (s) will be independent. Taking grievances to arbitration and Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the PLC Level or GRC. Figure 6.1 on the following page illustrates the institutional arrangement for the RP Implementation.

Figure 6.1: Institutional Chart for RP Implementation Resettlement specialist & Independent M&E Grievance redress mechanism Capacity Building for LA & Implementation monitoring EA = Executing Agency IA = Implementing Agency (At State level) SRC = Social & Resettlement Committee NGO = Non Government Organization RIC = Resettlement Implementation Committee GRC = Grievance Redress Committee

MORD EA

IA SRC

RIC SUB PROJECT

District Level

LOCAL NGO

ADB

GRC

Resettlement specialist Independent M&E specialist

Affected People/community

6.9 RP Implementation Schedule MORD will initiate the following activities to commence and implement the RP: - Establishment of the Social and Resettlement Committee (SRC) – by June 2003

Establishment of Resettlement Implementation Committee (RIC) – by June 2003

Setting up of PIU and field offices – already functional

Setting up of Grievance Redress Committees (GRC) – by June 2003

Selection of NGO by June 2003, with a proven track record for the smooth

implementation of R&R activities as stated; Orientation and awareness seminars for project implementation Unit (PIU), NGO and

R&R officers – By August 2003

Table 6.2: RP Implementation Schedule

6.10 Budget The following table (Table 6.3) comprises of the cost estimate for RP implementation. The total estimated project budget for subprojects is Rs 19,86,000 ($ 41375). The estimate includes all the costs related to land acquisition, compensation, resettlement assistance, transport, staff training, monitoring and evaluation, and administrative costs. The budget costs are based on field-level information and past experience in resettlement management.

2002 2003 2004 Activity Q

3 Q4

Q1

Q2

Q3

Q4

Q1

Q2

Q3

Q4

I. LA and Resettlement Planning Census/surveys of the project

Draft RP Review and approval of RP Establishment of SRC for RP implementation Hiring of NGO for resettlement-related work Disclosure of RP Information campaign and community consultation II. Preparation for RP Implementation Resettlement Field Offices & staff training RP completed and preparation of award Final list of APs and Distribution of ID cards Valuation of structures for compensation LA payments by competent authority Formation of RIC and GRC Payments of all other eligible assistance III. Monitoring and Evaluation Appointment of Panel of experts Internal monitoring External Monitoring

Table 6.3: Resettlement Budget and Cost Estimates

Item Unit Rates Quantity Compensation (in Rs. 100,000)

R&R Costs (in Rs.

100,000) *A: Compensation for Acquisition of Private Properties 1 Agriculture Land for adjustment for

shoulders & drains Table 2 54 acres 10.80

3 Variation on value 15% of 1+2 1.62 Sub Total 12.42 R&R costs B: Assistance

Residential structure @Rs.2000 per HH 32 .64

Assistance to vulnerable groups @Rs 2000 per HH 90 1.8

Community Structure 1 .50 Sub Total 2.94

C: Training Training to EA/IA 2

Training to RIC/GC for Rehabilitation .50

Sub Total 2.5 D: Support Implementation of RP RO at MORD (already budgeted under MP

project) -

Social and Resettlement Committee (SRC) at PIU -

PD PIU R&R Cell (on deputation) -

RO at R&R cells (on deputation) -

NGO/Partner agency for LARP implementation 1

Independent Monitoring and Evaluation Agency 1

Vehicle and transport (From the Authority) - Sub-Total 2.0

Total 19.86 Rs 49= US$ 1 The summary of the detailed Resettlement Budget is mentioned below: -

Summary of R&R Budget Compensation

√ Acquisition of land and Structures : Rs.12,42,000 ($ 25347) R&R Costs

Assistance Community Infrastructure Replacement & Improvement including Agency Charge : Rs. 2,94,000 ($ 6000) √ Training : Rs. 250,000 ($ 5102) √ Support Implementation of RP : Rs. 200,000 ($ 4082)

_________________ TOTAL : Rs. 19,86,000 ($ 40531)

CHAPTER 7

MONITORING AND EVALUATION 7.1 Monitoring at the EA Level The monitoring mechanism will have a two-tier system at the EA level – Internal Monitoring and External Monitoring. 7.1.1 Internal Monitoring A full-time Resettlement Specialist appointed by the MORD will be responsible for the internal monitoring of the Project. The Resettlement Specialist shall monitor and review the progress of RP implementation at the IA level and will prepare annual reports, which will be submitted, to the ADB. The Resettlement Specialist will review the status of the RP implementation in the light of targets, budget and duration that had been laid down in the plan. The vital tasks during monitoring will include: Review and verification of the monitoring reports prepared by the SRC Status of land acquisition and payments on land compensation Assessment of the disbursement of compensation procedure Appraisal of the grievance procedure APs reaction/ satisfaction with the entitlements, compensation etc. Assessment of the resettlement efficiency, effectiveness, impact and sustainability,

drawing lessons for future policy implementation, formulation and planning. Reporting Requirement: The Resettlement Specialist will review the RP implementation and the quarterly report submitted by the SRC and will prepare bi annual report that will be submitted to the ADB. 7.1.2 External or Independent Monitoring An independent monitoring agency/expert will be hired to provide an independent periodic assessment of RP implementation and impacts to verify internal monitoring and to suggest adjustment of delivery mechanisms and procedures as required. The external monitoring will be carried out for the entire project and will be responsible for the overall monitoring of the EA as well as the IA. The team of experts will be selected by the EA with ADB concurrence. Further, the monitoring consultant will be selected within three months of loan approval. The monitoring will be carried out every year during the RP implementation. A sample Terms of Reference (TORS) to hire an external monitor is enclosed as Annexure VII. The key tasks during external monitoring will include: • Review and verify the internal monitoring reports prepared by RIC; • 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; • Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing

lessons for future resettlement policy formulation and planning. The following should be considered as the basis for indicators in monitoring and evaluation of the project: (i) socio-economic conditions of the APs in the post-resettlement period; (ii) communication and reactions from APs on entitlements, compensation, options, alternative developments and relocation timetables etc.; (iii) changes in housing and income levels; (iv) rehabilitation of informal settlers; (v) valuation of property; (vi) grievance procedures; (vii) disbursement of compensation; and (viii) level of satisfaction of APs in the post resettlement period. Reporting Requirement: The independent monitoring agency/expert, responsible for overall monitoring of both the EA and the IA, will submit an annual review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/enhanced and suggest suitable recommendations for improvement.

ANNEXURE I

PMGSY GUIDELINES

ANNEXURE II

LIST OF SCHEMES AND PROGRAMS RUNNING IN CHHATTISGARH FOR THE SCHEDULED TRIBES

The Department of Tribal and Scheduled Caste Welfare (DTSCW) is administering a number of educational and other welfare schemes for the development of ST population in the state. Some of the important schemes are enumerated below: - Education:

1. State Scholarships- Pre-Metric and Post metric Scholarships are given to the ST students to continue their education. Scholarships are also provided to pursue higher education in the field of engineering, medicines etc.

2. Students Welfare Scheme, under which students are paid a grant of Rs 50 to

500, for availing health facilities in case of any emergency, for school uniforms, and for admission in vocational institutions.

3. Promoting education of girl-child by giving an annual incentive of Rs 500 to the

parent/ guardian of the girl child.

4. Free of cost distribution of books among the ST students of 1 and 2 standard.

5. Exemption of examination fee for ST students at 10+2 level.

6. Students hostel scheme: Under this, hostel facilities are provided to ST students studying in middle, secondary and senior secondary levels. Separate hostel facilities are provided to girls and boys.

7. Ashrams for ST students, which have provision for providing education as well

as accommodation up till the middle school level.

8. Book bank scheme: This scheme provides a set of books to students of medicines, engineering, veterinary, etc. for a period of 3 years.

Other Schemes:

9. Prevention of Atrocities (SC/ST) Act, which stipulates strict punishment to those who commit atrocities against the tribals.

10. ST relief scheme that provides immediate economic assistance to the ST

families in need of finances.

11. ST Community marriage programs, which aims to ease the financial burden of the ST families by organizing community marriages and giving Rs 1000 as assistance to the brides family.

12. Rajiv Gandhi Food Security Mission (Grain Bank scheme): Under this scheme,

member farmers can store their grains in Grain Banks and on requirement they receive grains from Bank on subsidized rates.

ANNEXURE III

DISTRICT WISE LIST OF PROPOSED STRETCHES SUB-PROJECT I: Bastar S.no Block Stretch

From to Length

(In kilometers) 1 Bastar Sonarpal to Narayanpal 23.10 2 Kondagaon Sonabal to Matapadar (Karanpur) 10.50 3 Kondagaon Bamahani to Madanar 3.22 4 Kondagaon Dahikonga Badekanera road to Garkapal 7.75 TOTAL 44.57

SUB-PROJECT II: Mahasamund S.no Block Stretch

From to Length

(In kilometers) 1 Pithora Sankara to Jhagarandih 16.00 2 Pithora Godmarra to Cergadhoda 5.00 3 Pithora Jankhora to Girna via Chikhali 23.00 4 Pithora Janghora to Mohoda via Khuteri 9.00 5 Pithora Devri to Saldih 7.00 TOTAL 60.00

ANNEXURE IV

MAP OF THE PROJECT AREA

ANNEXURE V

CONSULTATION WITH AFFECTED COMMUNITY AND OTHER STAKEHOLDERS

Name of the Village Number and

profile of participants

Issues Discussed

Feedback from community consultations

1.Bhatkhunda District: Mahasamund

15 men from the Scheduled Caste and Other Backward Classes.

The socio economic profile of the village and the Project impacts.

Project construction seen as a positive development. The major benefits of the project according to the participants would be in terms of increased accessibility to health and educational facilities.

2. Sukhi Palli, District: Mahasamund

12 men and women belonging to the Scheduled Tribe.

The social, economic and cultural life of the STs and the probable impact of the Project.

Participants considered that the coming road would lead to increase in employment opportunities and would also boost access to health services.

3. Khuteri, District: Mahasamund

8 ST men and women

Labor and Migration issues among the tribal and their views on the Project.

The participants were largely unaware of the project. However, they deemed it to improve the transportation network and in turn their access to neighboring towns for employment.

4. Mungapadar, District: Bastar

12 men belonging to the general, SC, ST and OBC groups.

The socio-economic impact of the road especially on the haat network.

Major benefits of the Project: Improved transportation

network Improved access to health,

education, markets, haats and govt. departments. Increase in employment

options.

5. Patel Para District: Bastar

8 women from the community, belonging to the ST, SC and OBC groups.

Women issues related to mobility, health, education, their economic profile and their views on the Project.

Participants were unaware of the Project, but held the opinion that roads will boost up access to health and educational services considerably, thereby especially benefiting women (during child bearing) and increasing the number of

school going girls.

6. Deora, District: Bastar

10 men from all caste communities.

Socio- economic profile of the villagers, particularly the tribal and their opinion on proposed road construction.

Considered the project beneficial in terms of socio-economic benefits. However, they were unwilling to voluntarily contribute land for the Project construction and demanded compensation.

ANNEXURE VI

Rural Roads Project Draft Terms of Reference for Non-Governmental Organizations (NGOs)

I. Background The government of India has formulated the Pradhan Mantri Gram Sadak Yojana (PMGSY) - a national program launched in 2000 to provide all-weather road connectivity to all unconnected rural habitations with a population of more than 1,000 persons by the year 2003 and with a population of between 500-999 by the end of 2007. The fundamental objective of this program is to improve the accessibility of the inhabitants of the rural areas to education, health, employment, and trading opportunities and consequently alleviate poverty in the process. The proposed Rural Road Sector Project (the Project) under the Ministry of Rural Development (MORD) of the Government of India (GOI) involves the improvement of rural roads in several states in the country. The state of Chhattisgarh (CG) has been selected as “core” subprojects for preparation of sector loan for the Project for 2003. Rural road stretches totaling 104.57 km in two districts have been identified as “core” subprojects, which will be used as “model” for project preparation for the remainder of the alignments. It is in this background that MORD carried out a social assessment of the Project Affected persons on the 104.57 km of the project roads and prepared a Resettlement Plan (RP). Broadly stated, mitigation of losses and restoration of socio-economic status of the APs are the prime objectives of the RP. The core component of the RP is to provide institutional and financial assistance to the APs to replace their lost resources such as land, residential structures, and other losses. The Project has approved a policy to pay compensation as appropriate to all affected persons, irrespective of ownership rights. Both the resettlement policy and its implementation are discussed in detail in the RP. The estimated number of affected persons is 192 in the two subprojects. The Project intends to engage an experienced NGO to assist with the implementation of the RP for the project-affected persons.

II. Scope of Work In general, the implementing NGO will be responsible to the Social and Resettlement Committee (SRC), who will select and hire the NGO to assist the Implementing Agency (IA) and the PIU for the effective, timely and efficient execution of the RP. Specifically, the selected NGO will carry out its work in the following areas: -

(i) Information Campaign:

The NGO will design, plan and implement an information campaign in the affected areas primarily to inform the APs about the entitlement policy and how to avail their respective entitlements. The campaign would include measures such as distribution of information booklets, leaflets, notices and other materials among the APs, community meetings,

public announcements, and any other measures necessary to provide information to all the APs.

The NGO will undertake a public information campaign at the project areas to inform the affected persons of:

The need for Land Acquisition (LA); The likely consequences of the project on the communities; The R&R policy and entitlements; Assist APs in getting the compensation for their land and properties acquired for

the project; Ensure proper utilization of by the APs of various grants available under the R&R

package. The NGO will be responsible for advising the APs on how best use any cash that may be provided under the RP. Emphasis should be placed on using such funds in sustainable way e.g. purchasing replacement land for that acquired.

(ii) Identification of APs and Issuance of ID Cards:

The NGO will identify and verify APs, on the basis of the census survey carried out and will facilitate the distribution of ID cards. This work will include identification of APs based on a census survey, preparation of ID cards, taking photograph of APs in the field, issuance of ID cards to APs and updating of ID cards, if required. An identity card should include a photograph of the AP, the extent of loss suffered due to the project, and the choice AP with regard to the mode of compensation and assistance (if applies, as per the RP). The NGO shall prepare a list of APs, enlisting the losses and the entitlements as per the RP, after verification. During the identification and verification of the eligible APs, NGO shall ensure that each of the APs are contacted and consulted either in groups or individually. The NGO shall specially ensure consultation with the women from the affected households especially female-headed households. (iii) Creation/Computerization of Database and AP Files: A database containing the data on land, structure, trees and other properties lost by the APs have to be computerized to prepare AP files and entitlements cards (EC). The database will contain information from land records and census data. The AP and EC files will be used for making payments of entitlements to the APs and monitoring the progress of resettlement work.

(iv) Participation in Grievance Redress: The NGO will act as an in-built grievance redress body and shall assist in finding solutions to any dispute over resettlement benefits through the Panchayat Level Committees (PLCS). Grievance not resolved amicably at the Panchayat Level Committees (PLCs) will be routed through the NGO to the Grievance Redress Committee (GRC). The APs can call upon the support of NGOs to assist them in presenting their grievances or queries to the GRC.

III. Time Frame The work is scheduled to start in June 2003 and will continue till the end of the Project i.e. December 2004. The NGO should be fully prepared in terms of all logistics support to tackle and carry out the resettlement activities and tasks laid down above. IV. Selection Criteria, Staffing, Implementation Plan

The NGO to be selected for the tasks must have proven experience in resettlement planning and implementation. Specifically, key quality criteria include: - Experience in direct implementation of programs in local, similar and/or neighboring

districts; Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal

reports, and audited accounts; and Integrity to represent vulnerable groups against abuses; experience in representing

vulnerable groups, demonstrable mandate to represent local groups. Demonstrated experience in computerizing resettlement-related database, Experience in resettlement survey, planning, monitoring and evaluation.

The NGO chosen will have to agree to the terms and conditions under the RP. The following staffing provision may be necessary for smooth and effective implementation of the RP within the time frame:

Team Leader (1); Field coordinator (1); Resettlement Implementation Worker (5);

Interested NGOs should submit proposal for the work with a brief statement of the approach, methodology, and field plan to carry out the tasks. The proposal should include: -

(i) Relevant information concerning previous experience on resettlement implementation and preparation of reports.

(ii) The proposal should also include samples of ID cards, information brochures, AP files etc. to be used during the implementation phase.

(iii) The field plan must address training and mobilization of resettlement workers. Full CVs (2-3 pages) of key personnel (for e.g. the Team Leader, Field Co-coordinator) must be submitted along with the proposal. The Team Leader must have degree in social science (preferably economics, sociology, anthropology, development studies). The Field coordinator must have prior experience in resettlement operation and management. The NGO must be an established organization registered with the Government of India.

V. Budget and Logistics:

Three copies of the proposal - both technical and financial - should be submitted. The budget should include all expenses such as staff salary, training, computer/database, transport, field and any other logistics necessary for resettlement implementation. Additional expense claims whatsoever outside the budget will not be entertained.

ANNEXURE: VII

Rural Roads Project Draft Terms of Reference for External Monitoring and Evaluation I. Background

The government of India has formulated the Pradhan Mantri Gram Sadak Yojana (PMGSY) - a national program launched in 2000 to provide all-weather road connectivity to all unconnected rural habitations with a population of more than 1,000 persons by the year 2003 and with a population of between 500-999 by the end of 2007. The fundamental objective of this program is to improve the accessibility of the inhabitants of the rural areas to education, health, employment, and trading opportunities and consequently alleviate poverty in the process. The proposed Rural Road Sector Project (the Project) under the Ministry of Rural Development (MORD) of the Government of India (GOI) involves the improvement of rural roads in several states in the country. The state Chhattisgarh (CG) has been selected as “core” subprojects for preparation of sector loan for the Project for 2003. Rural road stretches totaling 104.57 km in two districts have been identified as “core” subprojects, which will be used as “model” for project preparation for the remainder of the alignments. It is in this background that MORD carried out a social assessment of the Project Affected persons on the 104.57 km of the project roads and prepared a Resettlement Plan (RP). Broadly stated, mitigation of losses and restoration of socio-economic status of the APs are the prime objectives of the RP. The core component of the RP is to provide institutional and financial assistance to the APs to replace their lost resources such as land, residential structures and other losses. The Project has approved a policy to pay compensation as appropriate to all affected persons, irrespective of ownership rights. Both the resettlement policy and its implementation are discussed in detail in the RP. The estimated number of affected persons is 192 in the two subprojects. The RP includes a provision for monitoring and evaluation of the implementation of the plan by an external monitor. Therefore, the Ministry of Rural Development (MORD), which is the Executing Agency (EA) for this project, requires services of a reputed individual/consultancy firm for monitoring and evaluation of RP implementation.

II. Scope of work- General

To review and verify the progress in resettlement implementation as outlined in the RP;

To assess whether resettlement objectives, particularly livelihoods and living standards of the Affected Persons (APs) have been restored or enhanced;

To assess resettlement efficiency, effectiveness, impact and sustainability, drawing both on policies and practices and to suggest any corrective measures, if necessary.

III. Scope of work- Specific An Independent monitoring agency will be involved in ongoing monitoring of the resettlement efforts by the EA. The major tasks expected from the external monitor are: 1. Review results of internal monitoring and verify claims through random checking at the field level to assess whether land acquisition/resettlement objectives have been generally met. Involve the affected people and community groups in assessing the impact of land acquisition for monitoring and evaluation purposes. 2. Identify the strengths and weaknesses of the land acquisition/resettlement objectives and approaches, implementation strategies and provide suggestions for future rural road projects in India. 3. To review and verify the progress in land acquisition/resettlement implementation of subprojects on a sample basis and prepare bi-annual reports for MORD and ADB. IV. Time Frame and Reporting The independent monitoring agency/expert will be responsible for overall monitoring of both the Executing Agency (EA) and the Implementing Agency (IA) and will submit an annual review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. V. Qualifications The individual consultant/consultancy firm will have significant experience in resettlement policy analysis. Further, work experience and familiarity with all aspects of resettlement operations would be desirable. Candidates with degrees in anthropology, sociology, and development studies will be preferred.