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NATIONAL RURAL ROADS DEVELOPMENT AGENCY MINISTRY OF RURAL DEVELOPMENT

GOVERNMENT OF INDIA

Pradhan Mantri Gram Sadak Yojana (PMGSY) - Social Assessment of World Bank Funded

Second Rural Road Project

Volume II Social Management Framework - Handbook for

Implementation of Safeguard Instruments

February 2008

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet i of i Document: F2006040 February 2008 Revised Draft Final Report \ Contents Revision: R2

CONTENTS

1 .O SOCIAL MANAGEMENT FRAMEWORKS 1.1 Institutional Mechanism and process for implementation of SMFs 1.2 Roles and Responsibilities of People's Representatives Within Grass-Root Democracy 1.3 Roles and Responsibilities of Contractors towards Social Safeguards

2.0 RESETTLEMENT POLICY FRAMEWORK 2.1 Entitlement Matrix 2.2 Resettlement Action Plan

3.0 TRIBAL DEVELOPMENT FRAMEWORK

4.0 SCREENING AND CONSULTATION FRAMEWORK

5.0 INFORMATION PACKAGE FOR DISSEMINATION

STATE-WISE SMFS (In vernacular language):

A. ARUNACHAL PRADESH

C. JAMMU AND KASHMIR Not uploaded

ANN EXES Annex la - MoU Annex Ib - Affidavit Annex II - Format for lnformation on Core Network Annex Ill - Format for Screening & Identification of APs & Types of Land to be Acquired Annex IV - Format for Monitoring of Social Issues Annex V - lnformation Brochure

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 1 of 5 Document: F2006040 February 2008 Draft Final Report \ Vol. 11 \ Chapter 1 Revision: R3

1.0 SOCIAL MANAGEMENT FRAMEWORKS

The Prime Minister's Rural Road Programme or Pradhan Mantri Gram Sadak Yojana (PMGSY) has played strategic role in improvement of many under developed, disadvantaged rural pockets in many states. The central concept of the scheme points out that "Road Connectivity is not the goal - it is the means to ensure that public services of health, education, employment, income etc. are available to all citizens". In other words, the PMGSY roads are meant to improve the quality of life of people living in rural, remote areas.

At the same time, for construction of new PMGSY roads acquisition of land is a basic requirement, which in many instances cause sufferings to people by dislocation and displacement. Many of these affected Persons (PAPS) or families (PAFs) belong to vulnerable/disadvantaged sections of the society. In addition to land owners, there are non titleholders (encroachers - squatters), who often belong to vulnerable communities (SC, ST, OBC, BPL Families, Women headed households etc.) who suffer in the process by losing their livelihood. In some cases land acquisition poses challenges associated with clarifying land titles and ensuring adequate and timely compensation. Many a time, lack of proper communication results in information gap, which at time results in subsequent conflicts, resistance, etc. from the communities/affected persons. Other challenges include hill cutting- resulting in deposition of debris on the side of the road - as a result the land remains buried and converts the fertile agricultural land into wasteland.

All such critical issues have to be addressed by authorities both administrators and implementers of PMGSY projects by adopting "Human Oriented Development Approach" to minimise people's sufferings. Though there are guidelines at the planning and implementation stages of PMGSY roads to conduct Social Analysis, asses people's view pointlneeds through participatory process for dealing with R & R issues, Information sharing etc., many a time they are over looked/skipped.

The safeguard instruments were prepared and are under implementation for World Bank funded Rural Roads Project - I. The Safeguard Instruments are:

i) Environment and Social Management Framework, which induded frameworks for information dissemination and consultation.

ii) Resettlement and Participatory Framework;

Based on social assessment and post review of the existing safeguard instruments this volume presents the required actions, for the following:

1.1 Review of Institutional Mechanism and process for implementation of SMFs 1.2 Roles and Responsibilities of People's Representatives Within Grass-Root Democracy 1.3 Roles and Responsibilities of Contractors towards Social Safeguards 2.0 Resettlement Framework 3.0 Tribal Development Framework 4.0 Screening and Consultation Framework 5.0 Information Package for Dissemination

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Roject: Soaal Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet 2 of 5 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 1 Revision: R3

1.1 R M E W OF INSTrllJTIONAL MECHANISM FOR IMPLEMENTATION OF SMFs TIME FRAME - IMMEDIATE

Level Organization Revision of DPR Format. To include - Steps taken for Information Sharing and Community Participation as

also Feed Back of PAPS - Estimated cost of R&R activities and provision of budget by state

Govt. - RAP with time frame - A copy of IEC material developed for community & PAPS

Revision of OM & SOM in consonance with SMFs Revision of Monitoring Format. To include - SMFs - Action taken and achievements - Communication material developedladopted and action taken Instructions to SRRDAs on R & R issues - Social units at State, District level (DPIU) and PIU level - Set upluse District Level Standing Committeeor Block Level

Standing Canmittee (if in place) under the Chairmanship of ADMIBDO for monitoring of social measures and

- Not to award construction work before finalisation of plan for R & R activities

affected persons and vulnerables t level Commrttees wlth member of other other member as requlred

I Set up separate cell - Soclal Unlt wlthln ~ t s own organlsatlon. I SRRDA Eistr~ctlBlock level and at PIU level

Work as per lnstructlon of NRRDA for SMF related measures Expand SLSC to Include other Llne Departments of the state llke WCD.

I SW, TD, Legal, Revenue, etc - Developladopt ( ~ n ex~stence ~n other states) - IEC mater~al I lnclus~on of R & R Plan and Cost In DPR Completion report of R & R Actlon Plan on completion of Project

, AMed Respons~blldy on R 8 R lssue - Progress of ongotng work (Monltorlng) - Coordlnatlon and Llason wlth other Llne Departments, WCD, SW,

TD, Legal, Land Revenue, Planning, PR, RD for thew lnputslconvergence

- Progress of RAP (Monltonng) & reporting of R & R to SRRDA - ldentrficatlon of NGOICBO for thew support In dlssemlnatlon of

~nformatlon, other SMFs & support~ng PAPIPAFs

I Proiect Level I

- Regular monitoring of all RBR related issues - Spot check & investigations of case. under their jurisdiction. - Districtlblock specific information and Action taken - Coordination, Liason with DistricffBlock level officials of other

relevant State Departments - Inclusion (Priority of PAPslPAFs) in Schemes/Projects of other Line

Departments and Grievance Redressal

DPlU Responsibility of all Human Aspects within the project area

(Social Unit) Suppat to PAPIPAF and community in grievance redressal, mitigation measures Coordination and Liason with other relevant State Department - Monitoring and support in SMFs in projects of the district

. ....... .......... PIU All Social Safety Measures

(Social Unit)

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Roject: Soaal Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet 3 of 5 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 1 Revision: I73

1.2 ROLES AND RESPONSIBIUTIES OF PEOPLE'S REPRESENTATIVES WITHIN GRASS-ROOT DEMOCRACY

The Prime Minister's Rural Road Programme - Pradhan Mantri Gram Sadak Yojana (PMGSY) is perhaps the most critical step the country has taken so far for fulfilling the obligation of Democracy. The great Rural - Urban divide with pockets of under development in the midst of prosperity and affluence may be checked and development can reach those who need them most. The most positive point of this Human Oriented Development approach is people's participation through grass root democracy i.e. Panchayat Raj Institutions (PRIs), Village Council (VC), Hill Development Councils etc. The implementation measures demands active participation of community at the critical stages of planning and implementation involving information sharing, finalisation of alignments through sensitisation, counselling and support for project affected persons/families (PAPS / PAFs), in delivery of justice.

The three (3) tier system of Panchayat as also Hill Development Council, and their members, are the kingpins in the process of planning and implementation of PMGSY projects and sub- projects. The PRIs need to play critical roles and share responsibilities. The organisation chart as well as the Roles and Responsibilities are presented below in diagrammatic form.

ORGANISATIONAL CHART

STATE LEVEL

DISTRICT LEVEL

RURAL DEVELOPMENT DEPT. 1 PANCHAYAT DEPT.

-- State Dept of PWD

8 SRRDA

BLOCK LEVEL

b

VILLAGE LEVEL

I " Information

COMMLlNlTY LEVEL

HILL DEV. COUNCIL I ZILA PARISHAD 8 its Chairman

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BLOCK COUNCIL I PANCHAYAT SAMITY

VILLAGE COUNCIL I GRAM PANCHAYAT

-

PIU

COMMUNITY & PAP I PAFS

" mnfOrmation

and lnouts

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMOY) Sheet 4 of 5 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Ulapter 1 Revision: R3

ROLES AND RESPONSIBILITIES AT DIFFERENT LEVELS OF GRASS-ROOT DEMOCRACY

Hill Development Council / Zila Parishad

Head/Chairperson, on receiving the first information about the scheme may call a meeting of Zilla Parishad / Hill Development Council to first understand all aspects of the scheme. The DPIU Technical Staff along with Social Unit person may be invited for briefing the members, clarification of doubts regarding the scheme and its process of planning, implementation and possible impacts. The information/IEC material developed by the state may be shown,

Block Council / Panchayat Samiti

BLOCKLEVEL responsible for particular blocks are to brief their Block Council / Panchayat Samiti members who in turn will Brief, Sensitise and Counsel the Village Council / Gram Panchayat members. The PIU members wherever require may be called in these consultation meet for their inputs.

explained and handed over (required amount) to the Chairperson of Zila Parishad / Hill Development Council for onward transmission to Gram Panchayat / Village Council members for their use in the community. The individual Zila Parishad / Hill Development Council members

- I members, they are also to be involved in:

Village Level

Village Council / Gram Panchayat

Following the Briefing cum Sensitisation and Counselling of the Mukhiya / Pradhan / Head Councillor of Gram Panchayat / Village Council and other

P Information Dissemination Help in identification of sites of display, installation of display board of PMGSY

I = Meetings of Gram Sabha / Village Council and Informal meetings with community members regarding: - Information of PMGSY project / sub-project (as

required), - Discussion on specific roads, including starting and end

I point of the road - Finalisation of alignment - Voluntary land donation - Impact of projects - Likely effect on certain members of community - Mitigation measures - Mend support for assistance / compensation etc.

available for the PAPs / PAFs - Role of Panchayat / Council and the procedures in

extending support, follow up and delivery of justice to project affected persons/families (PAPs / PAFs)

P Take part in sensitisation of community in services of meetings arranged by PIU.

P Take part in identification of land for the link road takng full care of the mmmunitfs interest especially the vulnerable groups (SC, ST, Women headed household, Household with disable member, BPL families, etc.

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 5 of 5 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 1 Revision: R3

9 Provide support to PAPS / PAFs by coordinating with PIU & Land Revenue Dept. Officials in matters related to transfer of land, loss of crop, loss of livelihood, acquiring of legal documents, receipt of compensation/ assistance1 support - according to the entitlement.

9 Follow up of pending cases of PAPs/PAFs with the existing authorities for delivery of justice.

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1.3 ROLES & RESPONSIBILITIES OF CONTRACTORS TOWARDS SOCIAL SAFEGUARDS

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9 Take part in transect walk - finalisation of alignment

The Contractor and his sub-Contractors shall take all reasonable steps to abide with the social safeguards as per PMGSY Guidelines relating to Environmental & Social Management Framework for the Project affected persons of nearby habitations1 villages. He will take up the execution of work in such a manner to avoid damages or nuisance to persons, properties, farmlands, crops, grazing lands, water sources and other local resources etc.

Before taking up execution, necessary information, disclosure & consultation with PIU, Sarpanch / Village Council Head & other Panchayati Raj / Village Council Members must be made for Construction procedures, time schedules, location of labour camp, arrangement of water for construction purpose & temporary impact to society during construction periods. Land required temporarily for labour camp, storage of material, machinery & T&P yard, site office etc. would be obtained in consultation with the community with written permission of

the landowners. I n tribal areas the Contractor and his workers should get accustomed with the local tribal customs and should take up the execution of the works in such a manner so as to avoid any confrontation with the sentiments of the community.

I n labour camps, information should be displayed in the shape of posters and banners for the prevention of HIVIAIDS and other diseases like Malaria, Diarrhoea, TB etc.

During the course of execution, if any direct or indirect damage to the public properties

crops etc. has occurred, the same should be compensated by the Contactor, at the current market value, as agreed with the affected persons.

After the completion of work, the Contractor should remove all their equipment, machinery, surplus building materials, labour camps, debris etc. from the site, and its surrounding agricultural / non-agricultural lands, side-walks, pathways, water channels, drains, side- drains etc. The final payment will be made only after getting the requisite certificate from the PIU for clearance of the site.

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Project: Soaal Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 1 of 10 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 2 Revision: R3

2.0 RESElTLEMENT FRAMEWORK

2.1 Background on Resettlement and Rehabilitation Issues

The PMGSY is a well thought of scheme, which has proved its beneficial effects; and people werwhelmingly welcome the construction of PMGSY roads. However, there have been a few concerns, by those who have been adversely affected by the construction of the PMGSY roads. Resettlement and Rehabilitation of Project Affected Persons is a vital part of PMGSY projects. For construction of new roads, acquisition of land is a basic requirement. The land may be Government-owned or privately owned by persons who may belong to the disadvantaged/vulnerable category. Acquisition of private land or damage to houses / shelter, other useful assets (trees, stores, and cattle-shed etc.) can sometimes lead to various problems owing to loss of livelihood, hassles of displacement etc. In addition to these, there are other hazards faced by people which are side-effects of construction work like blocking use of space with heavy machinery or accumulation of debris on agricultural land and grazing land, obstruction of village paths to schools, health centres, safety of animals etc. Further, a large part of the vulnerable population may be non-titleholders, who do not have any legal rights for compensation / resettlement and rehabilitation, who should not be left out of the process. I t is necessary to address all these issues in totality, from the start of projects until the very end. All grievances and concerns by the PAPs / PAFs should be addressed in an organised manner, and an overall monitoring of activities should be done to ensure that all operations are being carried out as per the guidelines.

Resettlement in India is governed by general or project-specific local government policy directives issued from time to time. The Resettlement Plan need to - (i) assess the situation of PAPs/PAFS, their numbers and the extent of their losses; (ii) the policies and legal framework applicable; (iii) arrangements made for asset valuation, compensation, relocation, rehabilitation, and environmental protection; (iv) responsibilities in delivering and monitoring entitlements including time frame; (v) costs; (vi) time frame for land acquisition and resettlement measures; and (vii) consultation and grievance redressal mechanisms for affected people.

2.2 Critical Issues in Resettlement

The PMGSY scheme needs to adopt a human-oriented development approach to plan and execute the projects in such a way that people do not face harsh adverse consequences due to the project. To address the various problems faced by PAPs / PAFs, related to their resettlement and rehabilitation, nine (9) issueslareas have been broadly identified as follows:

i) Land acquisition, and related issues ii) Socio-economic survey & PAPs issues iii) Legal process provisions and safeguards iv) Entitlement and its delivery v) Implementation of Resettlement activities vi) Grievance Redressal vii) Community participation and Information Sharing

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Project: Soaal Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet 2 of 10 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 2 Revision: R3

viii) CodFinance for resettlement ix) Monitoring

All above issues have to be addressed by the authorities to reduce the negative impact on the people for whom these all-weather roads are being constructed.

2.3 Resefflement Framework

Based on the understanding of critical issues of resettlement as also the existing situations in the five states covered under the social assessment study, vis-a-vis the Guidelines provided by the authorities in their documents, a multi-pronged strategy, involving community participation is proposed, as follows:

i) The Resettlement Framework for the respective states, which spells out the actions / tasks required to involve the community, and reduce adverse impacts on PAPsIPAFs at various stages of project along with the agency (agencies) responsible for these actions / tasks and their time frame.

ii) The state specific entitlement matrices, which highlight the types of losses expected, their current mitigation measures and the recommendations made at the state-level workshops.

iii) A diagrammatic overview of the Resettlement Action Plan, based on the Resettlement Framework.

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Project: Social Assessment o f Pradhan Mantr i Gram Sadak Yojana (PMGSY) Sheet 1 o f 1 0 Document: F2006040 February 2008 Draf t Final Report \ Vol. I1 \ Chapter 2 Revision: R3

2.4 Resettlement Framework Tasks

a. Display core network & priority list at Panchayat I Wage Council offices, AWC, PHCISC

b. Publ~c Announcements c. ConsultationlMeetings d. Distribution of leaflets

2. SENSITISATION OF COMMUNITY a. Series of meetings at block level b. Information sharing at AWClPHCl SC c. Explore alternate alignment if needed, in

Project consultation with communit

Planning and 3. FlNALlSlNG ALIGNMENT! TRANSECT WALK Design a. Display tentative alignment of proposed

road superimposed on revenue map b. Prior intimation regarding date I time of

transect walk c. Information about final alignment along with

list of PAPS I PAFs I at Gram Sabha, AWC, PHCISC in local language

d, ldentify sites for land width accretion

4. CENSUS of PAPsl PAFs - Conduct soci@economic Survey at

household level - ldentify vulnerable PAPs.

(Social Unit) i PIU

(AENE, Social Unit)

Remarks

DPR preparation PIU (EEISEIAE)

Monitoring By

DPlU (Social Cell)

GP I VC members Month of Community DPlU (Social LRD I District SW, WCD DPR preparation cell) PHED and Forest

Target Group

Community, Villagers, PAPS

I PAFs

PIU (AEIJE)

Time Frame

After selection of core network

Nodal Agency

PI U (AEIJE, social

Unit)

Obtain feedback especially from women and vulnerable com munities

List should have exact amount of land to be acquired. structures likely to be damaged, etc.

Involvement I Support GP I VC mem bers District SW I WCD Official I DPO PMGSY officials' I PIU (EEISE)

PI U (Social Unit)

* G P I V C Distt. SW and WCD NGOs

After Alignment is finalised

Site Preparation

PAPS I PAFs

5. Preparation of mitigation plan a. Hold meetings with PAPS for inputs on

mitigation measures b. Consultation meetings for awareness

generation I clarification of land acquisition processes

c. Calculate cost of land I other structure (incl. standing crops on private land)'

d. Calculate cost of individual PAF's package as per entitlement Framework.

e. Display l~sts of PAPs with types of losses and entitlements I support

DLSC I BLSC

(Social Unit), G P l V C

LRD & Legal Department PWD District SW I WCD officers

Second Month of DPR preparation

Community. PAPs I PAFs

DLSC I BLSC

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Stage

Construction and Post

Construction

Tasks

6. TRANSFER OF LAND I LEGAL PROCESSES a. Finalise Land Transfer for PAPS/ PAFs,

Prepare Affidavits b. Start legal process for Land transfer c. Relocate structures I common property d. Deliver Entitlement & Provide Suppwt in

Resettlement and government schemes.

7. GRIEVANCE REDRESSAL I MITIGATION MEASURES

a. Investigation of unforeseen impacts I complaints

b. Provide on the spot assessment and documentation

c. Communicate decisions

8. MONITORING a. Monitor actions related to Tasks 1-6

b. DLSC to inform the SLSC & SRRDA of all oroceedinas I

Nodal Agency

PI U (Social Unit),

LRD

lnvolvementl Support

Legal Dept. GP I VC members A W , MM District SWMlCD official

PI U (Social Un~t)

- G P I V C LRD . DLSC SRRDA Other Line departments

GPIVC PIU (Social Unit) . NGOs

Time Frame

ARer DPR approval.

Implementation of Project

Throughout the project Cycle

Project Cycle at regular interval

Target Group

PAPs 1 PAFs

Community, PAPslPAFs

Monitoring By DLSC

DPI U (Social Cell) I SRRDA

Remarks

- Include amount of land acquired & structural damage

- DSLC to hold meetings on R & R of PAPs, report to SSLC

- Consider non-title holders incurring land loss

- Action needed report to District Panchayat & DLSC (within 7 days)

- Reoort bv DLSC to SRRDA (within 5 days)

- Initially weekly & fortnightly, then monthly. Report

SRRDA 1 NRRDA

'ln Jammu and Kashmir, PMGSY department works independently from PWD 'Taking private land should be avoided as far as possible. Where there is no other option is available, but to acquire private land, owners should be notified as per Land Acquisition Act. Compensation may be given for loss of standing crops on private land.

c. huartedy keport

9. FEEDBACK Hold meetings with community especially PAPS for Feed Back

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Abbreviations: AWW (Anganwadi worker), BLSC (Block Level Standing Committee), DLSC (District Level Standing Committee), DPR (Detailed Project Report), DPIU (District Programme Implementation Unit), LRD (Land and Revenue Department), MM (Mahila Mandals). MoU (Memorandum of Understanding), NRRDA (National Rural Road Development Agency), OM (Operations Manual), PD (Project Director). PAF (Project Affected Families), PAP (Project Affected persons). PIU (Programme Implementation Units), PMGSY (Pradhan Mantri Gram Sadak Yojana), PRls (Panchayat Raj Inst~tutions). RAP (Resettlement Action Plan) RD (Rural Development), SW (Social Welfare), SLSC (State Level Standing Committee), SOM (Supplementary Operations Manual), SRRDA (State Rural and Road Development Agency), SW (Social Welfare). VC (Village Council), VCP (Village Council Pradhan). WCD (Women & Child Development).

PIU (Social U"t) I BLSC

. GP I VC LRD PMGSY officials

Every 41h month

To be decided by SRRDA

SRRDA


I. TITLEHOLDER a) Loss of private land

(agricultural I residential I commercial)

2.5.1 ENTnLEMENT MATRIX - Anrnachal Pradesh

b) LOSS of private structures 1 :z;gt I C) Trees

Recommendations identified in the State workshop

1- Individual

Any changes (yes I no)

Type of Loss I Impact Category of Affected Persons

I I Panchavat I Owner - Fwmal I informal

Any current mitigation measures

What are these current mitigation

entitlements?

Ill. COMMON PROPERW a) Loss of Common Property

Resources (religious st~ctures/water bodieslsprings, etc)

measures I entitlements?

II. VULNERABLE PERSONS a) Additional assistance to

vulnerable persons incurring above losses.

20% land

Community

Women headed households I physically handicapped) BPL households losing more than 10% land; PAPS I PAFs losing more than

NIA Yes

NIA Yes

Adoption of LAA' up to consent award Sharing of loss by community as a whde Sesvch for alternative alignment Additional cost to be included in DPR. Vi l la~e Council to search for alternative land and take care of houses, consult with community PAPlPAFs houses under lndira Awas Yojana Scheme, supported by State Govt. (MoRD may incorporate BPL group)

No

NIA

No

NIA

NIA

Yes

NIA

Yes

Yes

Search for alternative alignment As per legal practice (forest and horticulture law) Forest Deptt. to process claims in each case as

Yes

Ill. ANY OTHER IMPACT OR UNFORESEEN IMPACT NO7 COVERED UNDER THE PROJECT

per edsting practice Adopt LAA for compensation as per market value to be paid before award of contract

II. NON TITLE HOLDER Loss of livelihood

NIA 1 No

Priority in extending existing Government programmes (both central 8 state) The viability of left out land has to be decided on case to case basis Consult with community for alternative alignments

Labour1 tenant I crop cultivators, small business encroachers

School, Aganwadi Centre, Health Centre, Community Hall etc. - to be replaced Religious Structure - consult respective cunmunity and replace Water-body I Spring - Consult with community esp. women's groups

Anv other im~act to be documented and

No

miGgated in kcordance with the principles and 1 nhiective nf t h ~ State Gnvt

' There is no Land Acquisition Act in Arunachal Pradesh

N /A

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Yes

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 4 of 10 Document: ROO6040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 2 Revision: R3

b) Loss of private st~ctures '

2.5.2 ENTllLEMENT MATRIX - Bihar

d) Loss of damages to crop' F II. VULNERABLE PERSONS a) Additional assistance to


d;ies (yes I n o l

Yes

Ill. COMMON PROPERTY a) Loss of Common Property

Resources (rellg~ous st~ctures/water bodieslsprings, etc)

what are these current mitigation measures I entitlements?

NIA

Owner Individual Panchayat

Any current mitigation measures I entitlements?

No

Type of Loss I Impact


(agricultural I residential I comm ercial)'

Owner lndividual

Category of Affected Persons


I Panchayat I Owner - Formal I informal

tenants on ivate land Vulnerable (SC I ST I BPL I Women headed households I physically handicapped) BPL households losing more than 10% land; PAPS I PAFs losing more than 20% land .

Community

Yes

Yes

Yes

Yes

Yes

- Recommendations identified in the State workshop

Adoption of LAA up to consent award Sharing of loss by comrnunity as a whde Search for alternative alignment Additional cost to be included in DPR. Gram Panchvat to search for alternative land and take care of houses, consult with community PAPlPAFs houses under lndira Awas Yojana Scheme, supported by State Govt. (MoRD may incorporate BPL group) Search for alternative alignment As per legal practice (forest and horticulture law) Forest Deptt. to process claims in each case as per existing practice Compensation under LAA as per market value to be paid before award of contract

Priority in exlending existing Government programmes (both central &state) The viability of left out land has to be decided on case to case basis Consult with community for alternative alignments

School, Aganwadi Centre. Health Centre, Community Hall etc. - to be replaced Religious Structure - consult respective community and replace Water-body I Spring - Consult with community esp. women's groups

Not applicable for Bihar in the current Phase. Need to consider when new link roads are constructed.

- II. NON TITLE HOLDER Loss of livelihood

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Labour1 tenant I crop cultivators. small business encroachers

Ill. ANY OTHER IMPACT OR UNFORESEEN IMPACT NOT COVERED UNDER THE PROJECT

No

No

NIA

NIA

Yes

Search for alternative - alignment Priaitise link up with welfare and development schemes of Central and State Govts.

No Any other impad to be documented and mitigated in accordance with the principles and obiective of the State Govt.

Project: Social Assessment o f Pradhan Mantr i Gram Sadak Yojana (PMGSY) Sheet 5 o f 1 0 Document: F2006040 February 2008 Draf t Final Report \ Vol. I1 \ Chapter 2 Revision: R3

2.5.3 ENTrrLEMENT MATRIX - Jammu and Kashmir

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Adoption of LAA up to consent award Sharing of loss by community as a whole Search for alternative alignment Additional cost to be included in DPR. Village Panchyat I Council to search for alternative land and take care of houses, consult with community PAPlPAFs houses under lndira Awas Yojana Scheme, supported by State Govt. (MoRD may incorporate BPL group) Search for alternative alignment As per legal practice (forest and horticulture law) Forest Deptt. to process claims in each case as per existing practice Compensation under LAA as per market value to be paid before award of contract

Priwity in extending existing Government programmes (both central 8 state) The viability of left out land has to be decided on case to case basis Consult with community for alternative alignments

School, Aganwadi Centre, Health Centre, Community Hall etc. - to be replaced Religious Structure - consult respective community and replace Water-body I Spring -Consult with community esp. women's groups Search for altemative - alignment Priwitise link up with welfare and development schemes of Central and State Govts. Any other impact to be documented and mitigated in accordance with the principles and objective of the State Govt.


Yes

Yes

Yes

Yes

Yes

Yes

Yes

No




b) Loss of private structures

C) Trees

d) Loss of damages to crop




Resources (religious stnrctureslwater bodieslsprings, etc)


Ill. ANY OTHER IMPACT OR



Owner l ndividual Panchayat

Owner Individual Panchayat Owner - Formal I informal tenants on prrvate land

Vulnerable (SC I ST I BPL I Women headed households I physically handicapped) BPL households losing more than 10% land; PAPS I PAFs losing more than 20% land

Community


UNFORESEEN IMPACT NOT COVERED UNDER THE PROJECT

Any current mitigation measures I entitlements?

Yes

Yes

Yes

Yes

No

No

No

What are these current mitigation measures I

Compensation under Land Acquisition Act (L.A.A) can be claimed and paid in advance after approval of rates


Compensation under L.A.A as per forest rules for cost of trees cut.

Mitigation Affidavit for land donation

NIA

NIA

NIA

No N IA

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 6 of 10 Document: ROO6040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 2 Revision: R3

2.5.4 ENTITLEMENT MATRIX - Mizoram

Type of Loss 1 Impact

a) Loss of private land (agricultural I residential I

b) Loss of private structures'

d) Loss of dam ages to crop' r II. VULNERABLE PERSONS a) Additional assistance to



Resources (religious structureslwater bodieslsprings, etc)



Owner lndividual Panchayat

Owner lndividual Panchayat Owner - Formal I informal tenants on pr~vate land


Community


1 entitlements?

What are these current mitigation measures I entitlements?

NIA


Yes

Yes

Yes

Yes

Yes

Yes


Adoption of LAA up to consent award Sharing of loss by community as a whde Search for alternative alignment Additional cost to be included in DPR. Village Panchyat I Council to search for alternative land and take care of houses, consult with community PAPlPAFs houses under lndira Awas Yojana Scheme, supported by State Govt. (MoRD may incorporate BPL group) Search for alternative alignment As per legal practice (forest and horticulture law) Forest Deptt. to process claims in each case as per existing practice Compensation under LAA as per market value to be paid before award of contract

Priority in extending existing Government programmes (both central & state) The viability of lefl out land has to be decided on case to case basis Consult with community for alternative alignments

School, Aganwadi Centre, Health Centre, Community Hall etc. - to be replaced Religious Structure - consult respective community and replace Water-body I Spring - Consult with community esp. women's groups

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Ill. ANY OTHER IMPACT OR UNFORESEEN IMPACT NOT COVERED UNDER THE PROJECT

No

No

NIA

NIA

Yes

Search for alternative - alignment Prioritise link up with welfare and development schemes of Central and State Govts.

No Any other impact to be documented and mitigated in accordance with the principles and objective of the State Govt.


2.5.5 ENTITLEMENT MATRIX - Uttarakhand

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b) Loss of private structures

c) Trees

d) Loss of damages to crop'




Resources (religious structureslwater bodieslsprings, etc)


Ill. ANY OTHER IMPACT OR

cht;;es (yes I no)

Adoption of LAA up to consent award Sharing of loss by canmunity as a whde

Yes . Search for alternative alignment Additional cost to be included in DPR. Village Panchyat I Council to search for alternative land and take care of houses, consult with community

Yes PAPlPAFs houses under lndira Awas Yojana Scheme, supported by State Govt. (MoRD may incorpwate BPL group) Search for alternative alignment As per legal practice (forest and horticulture law)





Owner - Formal I informal tenants on private land


Community

Labour1 tenant I crop cultivators. small business encroachers

UNFORESEEN IMPACT NOT

Yes

Aii!R+t: UK - NO

Yes

Yes

Yes

No COVERED UNDER THE PROJECT

Forest Deptt. to process claims in each case as per existing practice . Compensation under LAA as per market value to be paid before award of contract

Priority in extending existing Government programmes (both central & state) The viability of left out land has to be decided on case to case basis Consult with community for alternative alignments

School, Aganwadi Centre, Health Centre, Community Hall etc. - to be replaced Religious Structure - consult respective canmunity and replace Water-body I Spring -Consult with community esp. women's groups Search for alternative - alignment Priwitise link up with welfare and development schemes of Central and State Govts. Any other impact to be documented and mitigated in accordance with the principles and objective of the State Govt.


entitlements?

Yes

Yes

Yes

Yes

No

No

No

What are these Current mitigation measures I entitlements?

Compensat~on under Land Acquisition Act (L.A.A) can be claimed and paid in advance after approval of rates


Compensation under L.A.A as per forest rules for cost of trees cut.

Compensation of loss

NIA

NIA

NIA

No NIA

1 f AITH Project: Soaial Assessment of Pradhan Mantri Gmm Sadak Yojana (PMGSY) Sheet 8 of 10 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 2 Revision: R3

2.6 RESElTLEMENT ACTION PLAN - DIAGRAMMATIC OVERVIEW

Nodal Agency Supported by Tasks Stage

GP / VC members Dstr~ct SW / WCD PMGSY Offic~als / PIU (EEISE)

Information Dissemination I PIU (AE I JE, Social Unit)

GP / VC members AWW, MM, NGOs PIU (EEISEIAE)

PIU (Social Unit)

L .- GP / VC members C Dstr~ct LRD / SW / C

W CD Transect Walk 1 Flnalwton of Alignment - m : PIU (AEIJE) L

C,

PIU (AE I JE, Social Unit)

*GP IVC Gist. SW and WCD Officials NGOs

Census (Profiling) of PAPs I PAFs Identification of vulnerable PAPs I PAFs

I

PIU (Social Unit)

LRD & Legal Dept. . PWD District SW I WCD officers

PIU (Social Unit), GP I VC I Preparation of Mitigation Measures I

Follow up action on Mitigation Measures \

Legal Process on Transfer of Land Disbursal of Compensation

Relocation of land and other structures Registration of Complaints, if any

Legal Dept GP / VC members

*AWW, MM District SWNVCD officials

PIU (Social Unit), LRD

Follow up actlon on Complaints and Grievances I

eGPIVC LRD DLSC SRRDA Other Line dept

PIU (Social Unit)

Assessment. Plann~ng of Mitigation Measures

I

4 I

Implementation of Redressal (Decision)

Monitoring of Mitigation measures Targets and Achievements 1 *GP /VC

PIU (Social Unit) NGOs

PIU (Social Unit), BLSC I DLSC

PIU (Social Unit) I BLSC

*GP/VC LRD PMGSY officials

Reguhr Feedback I

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Roject: Social Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet 1 of 3 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 3 Revision: R3

TRIBAL DEVELOPMENT FRAMEWORK

The guiding principles enshrined in the constitution of independent India as also various plans and policies for safeguarding the interests of scheduled tribes notwithstanding, the benefits of development of free and shining India have by and large by-passed the scheduled tribes. This issue is source of anxiety and worry for the administrators, implementers and researchers of the country. This anxiety and worry has to be understood in the context of all kinds of development projects that have beenlare being carried out across the country, including PMGSY.

The PMGSY involves the possibility of displacement of ST populations, or their land being acquired, therefore rendering it necessary to introduce / suggest measures to improve the processes for these populations. The Go1 has, from time to time, issued advice/instructions to the State governments and also enacted enabling legislations and amendments to relevant existing laws to help the latter to deal very sensitively with ST populations and the problems they are faced with an account of development projects (even when planned for their own benefit). The State governments have also been strongly encouraged to pass suitable legislations, wherever possible, to help them make necessary legal and administrative arrangements to help the STs in specific situations.

Overall, the PMGSY roads are being welcomed by all communities, including tribal communities that are gaining new connectivity, and the road construction work is making fairly good progress in most of these five states. However, the whole process of micro- planning, implementation, the provision of legal safeguards (wherever required), proper compensation as (per World Bank norms and the relevant Constitutional provisions of paying special attention to the needs / sensitivities of the STs in any development effort) have suffered from delays etc. This deficiency can be and should be removed at the earliest.

In our opinion, there are sufficient provisions and scope in the existing laws to meet all our needs of meeting the objectives of 'Development with a Human Face', with regard to the Scheduled Tribes. However, in order to tie these in with the PMGSY activities at different project stages a Tribal Development Framework has been created to ensure that there is sufficient planning and implementation towards safeguarding the interests of the tribals with regards to the PMGSY.

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Project Stage Tasks

Advance notice to Relocation/Shifting of structures/ Common Property Resources

Provide compensatory package like land for land Prioritv in enrolment into Rural and Tribal

Remarks

DO

Random Checking may be done by SRRDA / SLSC

deve~d~ment projects / schemes Assessment of temporary Impacts during construction:

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Monitoring by

DPIU

DLSC

Construction Stage

Post Construction

Target Groups

Tribal Community/P AP Eligible Tribal PAPS

Nodal Agency

PIU (Social unit)

PIU (Social unit)

PIU (Social unit)

Abbreviations: AWW (Anganwad~ worker), BLSC (Block Level Standlng Committee), DLSC (District Level Standing Committee). DPR (Detailed Project Repwt), DPIU (District Programme lmplementation Unit), LRD (Land and Revenue Department). MM (Mahila Mandals), MoU (Memorandum of Understanding), NRRDA (National Rural Road Development Agency), OM (Operations Manual), PD (Project Director), PAF (Project Affected Families), PAP (Project Affected persons), PIU (Programme lmplementation Units), PMGSY (Pradhan Mantri Gram Sadak Yojana), PRls (Panchayat Raj Institutions), RAP (Resettlement Action Plan) RD (Rural Development). SW (Social Welfare), SLSC (State Level Standing Committee), SOM (Supplementary Operations Manual), SRRDA (State Rural and Road Development Agency), SW (Social Welfare), VC (Village Counc~l). VCP (Village Council Pradhan), WCD (Women & Child Development)

- Socio-economic - Health impacts including HIV/AIDS - Others Monitor the actions undertaken for tribal PAPS

and promptly redress grievances, if any

Check the receipt of compensation by tribal PAPS Check whether names of tribal PAP are included for priority in government scheme Follow up R&R action plan in tribal areas

Involvement/Support

PIU (AEIJE), Tribal panchyat IeadertMember, Revenue Deptt. (Patwari) PIU (AE/JE), Tribal panchyatt Member DRDS, DoSW. DoTW

Tribal Panchayat Member, Contractors PHC, SACS '

Time Frame

By the 2"* month of Implementation after approval During project Implementation

after approval of . .

Implementation FFm p m j e c i w t - till community/P

PIU (Social unit)

PIU (Social unit)

PIU ,Tribal leader, Revenue Dept. (Patwari)

PIU along with DLSC

completion of construction work

Throughout Project cycle

Through out project cycle

AP

Tribal community/P AP Tribal community/P AP

DPIU(Social Unit)

SRRD A

Ref. Annex 3 of Screening & Consultation for documentation NRRDA / State TD Department may conduct sample checks

Project: Sodal Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 1 of 6 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 4 Revision: R3

SCREENING AND CONSULTATION FRAMEWORK

The underlying concept of PGMSY is to help / support people in their efforts of improvement of quality of their life through connectivity between their places of residence with places of interest / livelihood opportunities etc. Today, the paradigm shift in development planning / efforts directs intervention measures to be people-centric or participation of people in the development process. Under the circumstances, sueening and consultation (with communities) are two very strong pillars of support for implementers of development projects including PMGSY Screening provides guidance on the approach to be taken during implementation for the selection and design of roads, and the planning of mitigation measures, assisting the project implementing agencies (in screening all the projects for their likely social impads, identifying documentation and preparation of requirements. The screening exercise is a useful tool to identify the factors for assessment during DRP preparation in order to minimize impacts. Considering the social issues, PMGSf projects are reviewed, screened to identify and then finalised. The screening exercise is essentially to be carried out by the PIUs before DPR activities begin and it should be followed by subsequent monitoring of the project implementation.

I n general, PMGSY road construction and up-gradation projects are designed and implemented to connect existing main roads with unconnected villages. As a result, the level of associated social risks is likely to be limited. However, it is important for planning processes, including prioritization of road needs, to reflect community needs and specifically those of vulnerable groups (such as indigenous people, women and economically weaker sections in society). Social factors in the screening process include:

Demand for the road from communities,

Land availability and extent of land acquisition, Extent of Damage on agriculture and houses due to construction of road, Approximate number of structures and families likely to be affected, Approximate number of families losing source of earning, Impacts on vulnerable and indigenous population, Impacts on common property resources such as existence of religious structures, educational and health facilities on project road, and, Accessibility to educational and health facilities.

Appropriate consultations on the implementation plan and participation of affected population in decision making will improve the understanding of their needs, resources and preferences. This will also help in reducing the reluctance and thereby increase the acceptance of the programme. Affected persons should be consulted and have opportunities to participate in planning and implementation of the project during the course of the project cycle. PAPs should be consulted at least thrice: once conducting transect walk, then after conducting transect walk, and then for the finalisation of entitlements. I n addition, consultations should take place throughout the implementation of the project which will help in understanding their preferences for income generation activities, type of training required, identification of relocation sites, and timely disbursement of resettlement and rehabilitation measures. However, consultations with other persons / agency will be conducted at different levels of the project. The consultations will help in dissemination of information and identification of various issues at the village level and of the PAPs such as common

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1 f AITH Project: Sodal Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet 2 of 6 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Ulapter 4 Revision: R3

properties, dependence on forest, acquisition of land under agriculture / horticulture, restoration of livelihood, etc. Incorporating all these concerns, the framework for screening and consultation has been prepared as shown below.

The positive impact of the project should be identified and noted. I t would include: Diversification of agriculture (crops) Increase in marketing of agriculture produce Increase in mobility / access to market Increase in income in agriculture, roadside shops and setting up of garage / repair shops Jobs in construction of road as skilled, semi-skilled and unskilled labour Involvement of community in road improvement and maintenance

However, in certain cases it becomes inevitable. In such case; the people who lose their livelihood should be identified during project preparation.

After the identification of the positive and the negative impacts of the project, it is essential to identify the restoration of the livelihood made by the project implementation units.

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4.1 SCREENING AND CONSULTATION FRAMEWORK

Project Stage Tasks/Actions i Nodal 1 A g a o l

-

Involvement/Support Time Frame Target Groups Remarks 2 CORE NETWORK

Road Selection Stage (Prioritization)

Dissemination of information about PMGSY road, under Core network

Selection of Roads

Document information on formats (Annex I11 & IV)

PIU (Social Unit, EE/

1 SYAE)

GP/ZP/ Chairman of Council/ Council Secretary

After approval of Core Network

Communrty DPIU (Social Unit)

Annex I1 & I11 Formats / details to be filled and attached with DPR

DPR PREPARATION

Project Planning and Designing

DPIU (Social Unit)

Dissemination of Information through

- MAPS, Brochure, Pamphlets, Posters,

- Focus Group Discussions with PAPS & community

s Document details of PAFs losses, , compensation measures, expected expenditure and sources of fund

Document Meetings with time, date, participants, etc. along with copies of IEC material used in office

PIU (EE/AE, Social Unit)

PIU (social unit), Sarpanch, other Panchayat member / Village Councillor / Key members of the village, other council members, community members and villagers

After selection of road

Villagers/ Community and Project Affected Persons

Villagers/ Annex IV to be attached with Community and DPR Project Affected Persons

DPIU (P.D.) PIU (Social Unit), Representatives of Line Depth., WCD, SW, TD, RD, Revenue etc.

Sensitization of community PIU (Social Unit)

GP (Sarpanch), Panchayat member, PIC

DPIU (PD) Material used, process, date 1 First week of 1 Community 1 1 DPR preparation participants are to be documented and kept in office for checkina (if needed)

Organization of Transect Walk with prior information about time, date and route of walk.

Walk with community noting all modifications/ revision required on the design

Finalisation of the Alignment

PIU (A€/]€), GP

PIU (Social Unit), GP (Sarpanch), Panchayat Members, Revenue Deptt. (Patwari), Other Dept. Officials (if required), PIC

First month of DPR Preparation

1 Preparation of socio - economic 1 PIU (Social I GP, Functionaries of Deptt. Of After finalisation PAFs 1 DLSC / BEC 1 To include Survey Report in I profile of PAPS Unit) WCD, SW, Revenue etc. of Alignment DP R

Community, PAFs

I Information dissemination on I PIU (Sodal I Deptts. Of Line, ~evenue,cgal , I After finalisation I PAFs I DLSC/BLSC 1 Material used & procedures to I

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DPIU (PD) Documentation of Transed Walk with time, date, participants, modification on design note etc.

Project: Social Assessment o f Pradhan Mantr i Gram Sadak Yojana (PMGSY) Sheet 4 o f 6 Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 4 Revision: R3

Project Stage TasksJActions

process of land transfer and finalisation of entitlements

Consultations with Community/ PAPS

Identification of specially vulnerable PAFs

Listing of specially vulnerable PAFs with concerned details special attention for women headed households/women in difficult circumstances

Target Groups

Vulnerable PAPIPAFs

Nodal Agency

Unit)

PIU (Social Unit)

PIU (JE), GP & Socialunit

DPIU (Social Unit)

Monitoring bv

and DPIU , PD

Documentation of consultation process and out come which can be checked by SLSC (if needed)

suppkt plan to be attached with DPR

Involvement/Support

SW, WCD

PIU (AEJJE), GP (Sarpanch), Panchayat member, PIC

PIU (AEJJE), GP (Sarpanch), Panchayat member, PIC, Line Deptts. Of SW, RD, WCD

Remarks

be documented for checking

DPIU (Social Unit)

Dissemination of process of voluntary donation, support/ assistance options and grievance redressal, procedures

Time Frame

of Alignment

Within 5"' week of DPR preparation, alignment finalization

within 6" week of DPR preparation

Lkt of specially vulnerable PAFs including gender concern abno with intervention1

PIU (Social Unit), GP

PIU (AEJJE), GP (Sarpanch), Panchayat member, PIC

I Finalization of support/ assistance I PIU (Social I PIU (AEIJE), GP (Sarpanch), 1 8m week of DPR 1 Vulnerable I SLSC I

7" week of DPR preparation

DPIU, Social Unit, DLSC/

BLSC

Exact actions taken in this regard, are to be documented and kept in office for future check; (if needed)

Marking of Alignment PIU (AEJJE), GP (Sarpanch), Panchayat Member, Revenue

measures in DPR Unit), GP Panchayat Member, Revenue Dept. (Patwari), PIC

. .

Information dissemination on the ZP I I ~ancha~a t member, deptts:of

issue to concerned persons PIC, DRDA, DoSW, DoTW, Revenue, Legal

lzth week of DPR Preparation

--

End of fourth month of DPR preparation

DPIU I ~s per OMISOM

preparation PAPsJPAFs

Scrutiny and approval of DPR 1:~;nical /

DPIU (PD) SRRDA

As per PMGSY revised Guideline

Sample checks may be done by SRRDA

NRRDA to check all information on social issues incorporated in DPR for future monitorino 1

SlTE PREPARATION

Implementation Post DPR Stage Collection of memorandum of

understanding (MOU) or other documentation acceptable to

PIU (AEJJE), GP

PIU (AEJJE), GP (Sarpanch), Panchayat Member, Revenue Dept. (Patwari)

DLSC / BLSC

FAITH Healthcare Private Lirnled IbndsOWsw F o l k (3JlVOL INailhlCh 4 . d ~

Project: Social Assessment o f Pradhan Mantr i Gram Sadak Yojana (PMGSY) Sheet 5 of 6 Document: F2006040 February 2008 Draf t Final Report \ Vol. I1 \ Chapter 4 Revision: R3

Project Stage Tasks/Actions Nodal 1 Involvement lSupport Time Frame Target Groups Remarks 1 Funding Agency, Line Deptts.

Advance notice to farmers with standing crops

Consultation with affected persons/families


DPR

First month of Implemen-tation after approval of DPR

PIU (AE/JE), GP (Sarpanch), Panchayat Member, Opinion Leaders

DPIU (PD) and

DLSC/BLSC

Copy of notice, process of information, time, date, etc. to be preserved in DPIU

Relocation/Shifting of structures/ Common Property Resources

Consultation with community leaden for suggestions

DPIU (PD)

Provision of assistance

PIU (AEIJE), GP

1 To be documented

To be informed to DLSV SLSC

I


DPIU (Social PIU (AE/JE, Social Unit), GP (Sarpanch), Panchayat Member, Revenue and Legal Deptts.

PIU (AEIJE), GP (Sarpanch), Panchayat Member, Revenue Deptt. (Pahuari)

To be documented Between 3d - 6m month of Implementation

Eligible PAPS / PAFs

Priority of specially vulnerable PAFs

By the znd month of Implementation after approval

Community/ PAPS

Interaction with recipient for clarification of doubts etc.

Unit)

after approval of DP R

To be informed to DLSClSLSC

Consultation with communities and coordination with other line departments representatives for Enrolment into Govt. schemes

Physical possession of land by PIU

Advance notice and discussion before taking the possession


PIU (AEIJE), GP (Sarpanch), Panchayat Member, DRDS, Deptts. of DoSW, DoTD, WCD, RD, Education etc.

GP (Sarpanch), Panchayat Member, Revenue Dept. (Patwari)

From 3* month of Implemen- tation after approval of DPR

From 3* month of Implementation after approval of DPR

PIU (AE/JE), GP

DPIU (Social DLSC/

BLSC

Assessment of Temporaw Impacts PIU (Social GP (Sarpanch), Panchayat during construction Unit Member, Contractors

To be documented

To be informed to DLSCISLSC

From 4'h month of project Implementation till completion of construction work

Community

. Assessment of Health Impacts including HIVIAIDS

DPIU (PD)

CONSTRUCTION S A G E

Periodic review and report to SLSC/ DLSC copy in office for future check ups

Action/Support for Redressal of grievances


PIU (AE/JE), Sarpanch, Panchayat Throughout Member, Revenue Dept. (Patwari) Project cycle

Community/ DPIU (Social PAPs

Periodic review and Action taken report to SLSY DLSC

. Interaction with community/PAPs at regular interval for assessment of Unforeseen Impacts

PIU (Social Unit), AE/JE, GP

Sarpanch, Panchayat Member, From 4th month Revenue Dept. (Pahuari) of project

Implementation till com letion of I To be documented and

reported to SLSC, SRRDA Community

FAITH Healthcare Private Limited IlnndafJWw F o l l k (3)lVOL I W a i l h l O l 4 . d ~ ~

DPIU (PD)


Project Stage Tasks/Actions Involvement/Support Time Frame Target Groups Monitoring Remarks I 1

POST CONSTRUCTION

MOU for local resources

Reclamation of temporarily un- used land, buried area, water body, etc.

Point to be incorporated in the contract form before tendering work

Take up the matter with contractor whenever required

DPIU (PD)

GP

PIU (Social Unit, SE, JE), Contractor as per contract conditions

Immediately after con&uction is over

Contractor, Sarpanch

Community SRRDA

construction work

From 4th month of project Implementation till completion of construction work

Abbreviations: A W (Anganwadi worker). BLSC (Block Level Standing Committee), DLSC (District Level Standing Committee), DPR (Detailed Project Report). DPIU (District Programme Implementation Unit), LRD (Land and Revenue Department). MM (Mahlla Mandals), MoU (Memorandum of Understanding), NRRDA (National Rural Road Development Agency), OM (Operations Manual), PD (Project Director), PAF (Project Affected Families), PAP (Project Affected persons), PIU (Programme Implementation Units). PMGSY (Pradhan Mantri Gram Sadak Yojana). PRls (Panchayat Raj Institutions), RAP (Resettlement Action Plan) RD (Rural Development). SW (Social Welfare), SLSC (State Level Stand~ng Committee), SOM (Supplementary Operations Manual), SRRDA (State Rural and Road Development Agency). SW (Social Welfare), VC (Village Council). VCP (Village Council Pradhan), WCD (Women & Child Development)

FAITH Healthcare Private Limited l L n n d s f 3 W . w F o l ~ (3JlVOL 1WalU~lCh 4.dos

Community DPIU To be documented and reported to SLSC, SRRDA

f A ~ T H Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMWY) Sheet 1 of 6 Document: F2006040 February ZOOS Draft Final Report \ Vol. I1 \ Chapter 5 Revision: R3

INFORMATION PACKAGE FOR DISSEMINATION*

A social consideration is needed in order to take the affected people or sub-groups in confidence. I t reflects the involuntary resettlement, affected indigenous population or other vulnerable categories that need to be addressed under the project. Based on social assessment along draft road alignment, the PIU in consultation with local people tries to minimize the impact on vulnerable sub-populations. A collective attempt to minimize adverse impacts on dwellings, forest, land, water, and flora and fauna is needed at this stage. Peoples participation, particularly the PAPs, at the stage of finalization of alignment through transect walk or other means of public consultations will minimize the impact on vulnerable people. I t is also necessary to minimize public grievance and resistance. In cases of unavoidable circumstances of land acquisition, a proper and transparent resettlement plan and compensation package should be in place w~th definite time-bound frame. All temporary as well as permanent land acquisition is to be chalked out and disseminated well in advance. Compensation package should needlessly consider monetary as well as livelihood loss.

All these public consultation, finalization of alignment with reasons for re-alignment, transect walk needs to be properly documented. A good documentation will reflect the consideration of social dimension. Document also should reflect how the R&R issues have taken care at different stages of project implementation. DPR should contain a time frame and implementation schedule for land acquisition and resettlement. At the same time, it should reflect the consideration of agricultural seasons etc to protect seasonal loss.

Resettlement is not a one time issue and it needs to be considered thoroughly throughout the implementation. In this context, the capacity building of PIU members is essential to sensitize them on social issues.

The main objectives of information dissemination are: To increase awareness the PMGSY road construction in the community To take opinion of the key community representatives and PAPs To sensitize local people for possible impacts

Keeping all this in mind, an Information Dissemination Framework has been prepared, and is given below.

\Wda13Y*wFo la r p)IWL IlFaithlOl Ldoo FAITH Healthcare Private Limited

Project: Soaal Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) -

Sheet 2 of 6 . .

Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 5 Revision: R3

Monitoring Mechanism and Flow of Information

(Monthly)

w DLSC

(Quarterly)

w

SRRDA

(Quarterly)

v NRRDA

Agencies to be involved at the Various Stages of the Project

I Sr. No1 Process I Agency Involved 1 I 1. Dissemination of Information

1 about the Core Network 2. I Dissemination of Information at

villa e level

I PIU (EEISEIAE), Village Council I

4.

5.

PIU (AEIJE), Wllage Council

Identification of the existing land width, checking of land records and identification of ownership of land Consultation of PAPS for land donation

PIU (AEIJE), Village Council, revenue department, forest department, BDOIDLSC, Bamboo Development Agency

forest department, BDOIDLSC, Bamboo Development Agency

PIU (AEIJE), Village Council, revenue department, BDOIDLSC, other key persons of the village

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6. Land Donation PI U (EE/SE/AE/JE), Village Council, BDO/DLSC, revenue department, other key persons of the villaae

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet 3 of 6 Document: F2006040 February 2008 Draft Final Report \ Vol. 11 \ Chapter 5 Revision: R3

Information Package for Dissemination

1 Project 1 Responsible 1 Responsible p e r s o n / ~ ~ e n o / T StageIActivities PRIORITIZATION After finalization ofp Core Network

PIU, Zilla Parishad and Gram Village Council

I PLANNING I

of alignment Parishad and Gram Village Council

Transect Walk

Consultation with Affected Persons

, Affected Persons

PIU, Gram Village Council, and Revenue Official(CO/EAC)

Council

PIU, and Village I Council

Disseminate information on Core Network to Community - List and maps of Core Network roads will be posted at District and Gram Village Council offices

Distribute Project information - Brochures with key project information at Village, Market Place, Local Newspaper, etc,

Announce the date, time and route of Transect Walk one week before the Walk. Explain how the Walk and subsequent consultation will be conducted. Walk with the community people along the proposed alignment and listen to the issues and concerns raised Identify the locations requiring additional land, environmentally sensitive areas, vulnerable groups of people, etc. Identify modifications to be made to the design.

Hold public meetings to be participated by persons likely to be affected by the project. Inform the final alignment and how the concerns raised by the community during the Transect Walk havelhave not been addressed in the project design.

Dispatch survey enumerators to individual affected persons/households to identify (i)extent of impacts, (ii) vulnerability

Community is expected to:

A Provide opinions on the Project roads to GP and PIU or later provide such feedback during Transect Walk

Understand the purpose of the Project, nature of road improvement envisaged, and responsibility of the community in project preparation and implementation Provide concerns related to Proposed road improvement such as extent of land take, impacts on vulnerable people and common properties, land with traditional rights, etc. Provide suggestions to be incorporated in the road design such as issues relating to drainage lines, irrigation water courses, road safety, etc.

Raise further concerns, if any, to the final design and alignment Proceedings of the consultation will be duly recorded and signed by all the affected persons, PRI representatives and PIU officials.

enumerators in gathering data on socio-economic profiles of individual

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Project: Social Assessment of Radhan Mantri Gram Sadak Yoiana (PMGSY) Sheet 4 of 6 - - ~o&ment: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Chapter 5 Revision: R3

Project L a s e / Activities

Responsible Person/Agency

Finalization of Su pportjAssistance

-

Prior to initiating construction works

Responsible Person/Agency will:

PIU, and Village Counci I

Community is expected to:

- .

Consult individually with vulnerable affected persons/households to agree on supportjassistance Announce community-wise the finalized support/assistance as a public notice at the Gram Village Council office

State preferred modality of support/assistance Raise concerns, if any, about su pportjassistance proposed

of affected persons, and (iii) extent of support required

affected persons/ households

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PIU, Village Council, and Revenue Official(EAC)

Collect MOU or other documentation for transfer of land required for implementing road improvement as per finalized alignment

Sign MOU or other documentation for willing transfer of required land.

Project: Social Assessment of Ptadhan Mantri Gram SadakYojana (PMGSY) Sheet 5 of 6 Document: F2006040 February 2008 Draft Final Report \ Vol. I 1 \ Chapter 5 Revision: R3

5.1 Framework for Information Dissemination Project Stage 1 TasksJActions 1 Nodal I Involvement/Support

PHASE - I Development of Information materials in local languages Preparation of brochures, pamphlets, posters, flipcharts, cassettes, CDs on relevant information Distribution of information material to all DPIUs Identification of media experts and organizations (songs, dance, drama groups) involved in dissemination of information's of developmental projects Translate materials in prevailing dialects with help of knowledgably persons from the communities (If,

Agency SRRDA SRRDA (Social Unit), Line Deptts.,

I&B, TD, Culture and Media Specialist

Time ~ram;

Immediate

Target Groups

Communities including Tribal groups (Wherever applicable)

-- Monitoring

by SLSC

Remarks

Information Package to include: What is PMGSY and its salient features? What does "all-weather road" mean'? Who will construdimprove the road? Which agency is involved? How are the Project roads selected? How will the Community partidpate in the Project? How to get further information about , the projects?

I PHASE- I 1 1 I I I I I I I I

Road Selection 1 %i.Kle

Dissemination of Information through - MAPS, Brochure, Pamphlets,

Posters - Songs, drama, dance, puppetry,

etc. - Focus Group Discussions with PAPS

& community Sensitization of community Display of information's Distribution of brochures, maps, pamphlets Consultations/inter personal with community Intimation about PAFs survey and its purposes

PIU (Social Unit)

PIU specially (Social Unit)

PIU (AE/JE), GP (Sarpanch), Panchayat Member, PIC, Line Deptt., I&B, Group/ Organization identified

GP, ZP, Panchayat Member, Opinion Leaders, Teachers, Land Revenue, Legal Deptt. Representation

I I

1st week of Community DPIU DPR Tribal Groups

After approval of care network

Information Package to include: Voluntary Land Donation Process of Land Transfer Compensations and other support measures Entitlements Processing of claims - Times/Dates - Agency/Person involved - address

Communities DPIU including Tribal groups (Wherever

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applicable)

r h e sample of the information brochure (adopted from "Environment and Social Management Framework, Final Report, July 2004" by LEA Associates South Asia) to be disseminated is provided in Annex V.

Project: Social Assessment o f Pradhan Mantr i Gram SadakYojana (PMGSY) Sheet 6 o f 6 Document: F2006040 February 2008 Draf t Final Report \ Vol. I1 \ Chapter 5 Revision: R3

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Project Stage

s m PREPARATION STAGE (Post DPR Stage)

CONSTRUCIION STAGE

PHASE I V

Post Construction Stage

Abbreviations: Unit), LRD (Land and Revenue Department), MM (Mahila Mandals), MoU (Memorandum of Understanding), NRRDA (National Rural Road Development Agency), OM (Operations Manual), PD (Project Director), PAF (Project Affected Families), PAP (Project Affected persons), PIU (Programme Implementation Units), PMGSY (Pradhan Mantri Gram Sadak Yojana). PRls (Panchayat Raj Institutions), RAP (Resettlement Action Plan) RD (Rural Development), SW (Social Welfare), SLSC (State Level Standing Committee), SOM (Supplementary Operations Manual), SRRDA (State Rural and Road Development Agency), SW (Social Welfare). VC (Village Council). VCP (Village Council Pradhan). WCD (Wanen 8 Child Development)

Tasks/ Actions

Display of information Consultation/inter personal Communication

m Information Dissemination - Inter Personal Communication FGD

- do -

A W (Anganwadi worker). BLSC (Block Level

Nodal Agency

- do -

- do -

- do -

Standing

Remarks

In fo rmat ion Package t o include: Grievance Redressal/Mitigation measures - Processing of cases - Times/Dates - Agency/Person involved - Address

In fo rmat ion Package t o include: Registration of complaints Person/Agency involved - Processing of complaints - Tmes/Dates - Agency/Person involved - Address

Informat ion Package t o include:

Monitoring b y

DLSC/BLSE

- do -

Target

- do -

- do -

- do -

Committee), DLSC (District Level Standing

After approval of DPR

During Site preparation and construction

After completion of construction

Committee),

Groups

- do -

- do -

-do- SLSC As above and Higher/supervisory officials details (Agency/Persons involved and address) for cases with no action till that date

DPR (Detailed Project Report), DPlU (District Programme Implementation

Project: Soaal Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet i of ii Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Annex I a Revision: R3

ANNEX - Ia

AFFIDAVIT

........................ ............ I, ..................... Sfo Shri aged years resident of village .............................................. P.O. ........................... Sub-Tehsil ...................... District .................., Sate of .............................. The above named deponents do hereby solely affirm and declare on oath as

under:

1. That the deponent is the exclusive owner in possession of land situated over khasra No. ......................... Khata Khatoni No. ..................... Muza ............... Tehsil ............................... District ...................... State of ........................ measuring .................. Bighasfbiswasfhect. Kanal/Marlas .............. 1

2. That the deponent is the owner as Co-Sharer of the land but this land is situated over Khasra No. .............................. Khata-Khatoni No. ........................ Mauza No. ..................... Tehsil ......................

................ ..................... District .................. State of measuring bighas/biswas/hectare/Kanal/Marlas which is equivalent to less than my share is in exclusive possession of the deponent.

That the deponent is the owner as Co-Sharer of .................. share along with other Co-Sharers of this land situated over Kharsa No. ..................... Khata Khatoni No. .................. Mauza No. ............................. Tehsil ............................... Distt ............., State of ....................... Measuring ......................... Bighas/biswas/hect./Kanal/Marlas) the share of deponent come to ........................... but for the last more than 12 years the possession of deponent is continuous hostile to the knowledge of other Co-Sharers without payment of any cash or kind of which is such has resulted into owner by way of adverse possession upon the said excess share of this land.

3. That the State of ............... Public Works Deptt. is constructing road namely ....................... (Name of the road) for public expenses.

4. That the deponent has no objection if the said road is constructed through my land as described above .

5. That the deponent shall not claim any compensation in cash or in kind in lieu of the said land so used by the State of .............. Public Works Department for the construction of said road if in future any claim is filed by me or by my successor in that event all of us shall be liable for appropriate Criminal action as per the provision of Law.

6. That the deponent further under takes that in future no judicial proceedings revenue proceedings shall be initiatedffiled in any court of Law for acquisition of said land under the Land Acquisition Act 1894ffor 3 & K State Land Acquisition Act, 1990.

7. That since the said road is being constructed for public purpose therefore for all time to come the said road, being a public road, road shall be allowed to be transferred in the name of Public Works

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Roject: Social Assessment of Radhan Mantri Gram Sadak Vojana (PMGSV) Sheet i of ii Document: F2006040 February 2008 Draft Final Report \ Vol. I1 \ Annex I a Revision: R3

................. Department, Govt. of The Deponent or his nominee shall have No Objection in ................... attestation of mutation in favour of Public Works Department, Govt. of

DEPONENT

VERIFICATION

I, the above named deponent, do hereby solemnly affirm and declare on oath and verify that the contents of the above affidavit from para 1 to 6 are true and correct to the best of my personal knowledge. No part of this Affidavit is wrong and nothing material has been concealed therein, declare

............................. today, the

DEPONENT

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet i of iv Document: F2006040 February ZOOS Draft Final Report \ Vol. I 1 \ Annex I b Revision: R3

ANNEX - I b

MEMORANDUM OF UNDERSTANDING

M I S MEMORANDUM OF UNDERSTANDING (MOU) IS MADE ON 'THIS ........ DAY, OF M E MONM

OF , TWO THOUSAND BETWEEN

THE gATE RLlRAL ROAD DEVELOPMENT AGENCY (HEREINAFTER REFERRED AS "SRRDA") OF THE FIRST PART;

AND

9ATE LEVEL DEPARTMENTS VIZ. WOMEN & CHILD DEVELOPMENT(WCD), SOCIAL WELFARE (SW), TRIBAL DEVELOPMENT (TD), LEGAL DEPARTMENT (LD), LAND REVENUE (LR), PLANNING DEPARTMENT (PD), RLlRAL DEVELOPMENT (RD), (HEREINAFTER REFERRED AS "LINE DEPARTMENT" OF M E SECOND PART;

WHEREAS

(1) The Prime Minister's Rural Road Program - Pradhan Mantri Gram Sadak Yojana (PMGSY) - is an intervention undertaken by the Ministry of Rural Development (MORD) as a poverty alleviation strategy, which aimed specifically at connection of rural habitations with the construction of all weather roads;

(2) PMGSY is a means of increasing agriculture and other income by improving economic and social services in rural areas;

(3) Studies undertaken by MORD and Planning Commission have pointed out many negative instances like: (i) land transfer mechanism overlooking the provision in the existing Acts, (ii) no verification of ownership of land impacted or likely to be impacted unless the landowner has raised an objection during land width accretion, (iii) existing customary and traditional rights of the tribal community not accounted during finalization of alignment, (iv) no assessment of dependence of tribal community on existing natural resources etc.;

(4) For construction of new PMGSY roads, acquisition of land is a basic requirement, which in many instances cause sufferings to people by dislocation and displacement;

(5) I n some cases land acquisition poses challenges associated with clarifying land titles and ensuring adequate and timely compensation;

(6) Many a time, lack of proper communication results in information gap which at time results in subsequent conflicts, resistance, etc. from the communities/affected persons;

(7) Other challenges include hill cutting - resulting in deposition of debris on the side of the road - as a result the land remains buried and converts the fertile agricultural land into waste land.

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Roject: Social Assessment of Radhan Mantri Gram Sadak Yojana (PMGSY) Sheet ii of iv Document: F2006040 February 2008 Draft Final Report \ Vol. I 1 \ Annex I b Revision: R3

(8) A recent study entitled "Social Assessment of PMGSY" has assessed the social concerns in five PMGSY project states viz. Arunachal Pradesh, Bihar, Jammu and Kashmir, Mizoram and Uttarakhand, and developed Social Management Frameworks (SMFs), namely: (i) Resettlement Policy Framework, (ii) Tribal Development Framework, (iii) Screening and Consultation Framework and (iv) Information Package for Dissemination;

(9) PAPIF has taken part in the transect walk conducted under the requirements of the PMGSY and has been made to understand the benefits of obtaining a rural road for the village under PMGSY.

NOW, 'THEREFORE, lT IS HEREBY MUTUALLY AGREED AND DECLARED M A T FOR THE STRENGTHENING OF REVISED INSTITUTIONAL MECHANISM, INFORMATICS IN M E DISTRICT OFFICES AND LINE DEPARTMENTS (HEREINAFTER REFERRED TO AS PROJECT), THE FOLLOWING SHALL BE THE RESPONS:[BILITIES OF SRRDA, AND LINE DEPARTMENTS, TO SUCCESSFLILLY IMPLEMENT THE PROJECT.

The MoU expressing the responsibilities of SRRDA, and LINE DEPARTMENTS - the executing agency, has been serial numbered as A to G.

Responsibility of SRRDA confines to A, C [Assignment clause], F [Consequential damage (Workmen's Compensation Act)], E [Force Majeure]

Responsibility of LINE DEPARTMENTS confines to B.

Common Responsibility D (1 to 5), F [Arbitration Clause]

A. Responsibilities of SRRDA: -

To set up separate cell - Social Unit within its own organization, District/Block level and at Program Implementation Unit (PIU) level To work as per instruction of National Rural Road Development Agency (NRRDA) for Social Management Framework (SMF) related measures Expand State Level Standing Committee (SLSC) to include tine Departments of the project states To coordinate and liaison with Line Departments Construct and develop the PMGSY road and take all possible precautions to avoid damage

to land adjaent to PMGSY

B. Responsibilities of LINE DEPARTMENTS

Responsibility of all human aspects within the project area (specific line department to take up actions as reflected in the Social Matrix Framework (SMFs) - Annexed herewith Identification of reputed Non-government organization (NGO), Community Based Organization (CBO) for their support in dissemination of information and other Social Management Framework (SMF) Coordination and liaison with other relevant state departments.

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet iii of iv Document: F2006040 February ZOO8 Draft Final Report \ Vol. I1 \ Annex I b Revision: R3

C. Assignment Clause :

I n view of Field Unitsfoffices of UNE DEPARTMENTS located through out the Project States, SRRDA may at its cost utilize the servies of LINE DEPARTMENTS. The obligations regarding above said LINE DEPAR-TMENTS will be taken up by SRRDA who shall be fully responsible and liable for timely completion of the project.

D. Terms and Conditions:

1. The MOU will be effective from date i t is executed by or on behalf of the respective parties and would remain in force for maximum duration of two years initially;

2. I f the circumstances warrant discontinuance of support and facilities from SRRDAfUNE DEPARTMENTS for the project or if SRRDNLINE DEPARTMENTS decides to discontinue its services for the project during two years period, the decision in this regard will be jointly taken. Such a decision would be implemented from date to date mutually agreed upon.

3. Minimum time required to execute the project is months, which will start from the date of award of the job.

4. Timely implementation of the Project will mean the implementation of the Project with necessary support of SRRDAILINE DEPARTMENTS during the period.

5. All the Parties hereto agree that the PMGSY road so constructedfdeveloped shall be public premises.

E. Force Majeure:

1. Neither SRRDA nor LINE DEPARTMENTS shall be liable for failure to meet contractual obligations due to Force Majeure.

2. Force Majeure impediment is taken to mean unforeseen events, which occur after signing of this agreement including but not limited to strikes, blockade, war, mobilization, revolution or riots, natural disaster, acts of God, refusal of license by Statelcentral Government authorities, in so far as such as event prevents or delays the contractual party from fulfilling its obligations.

3. I n case the Force Majeure conditions continue for more than 60 days, all parties shall discuss the effect of such conditions on the agreement and mutually decide the course of action to be followed.

4. This MOU will come into effect from the date of its signing by SRRDA, AND LINE DEPARTMENTS.

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Project: Social Assessment of Pradhan Mantri Gtam Sadak Yojana (PMCSY) Sheet iv of iv Document: F200604Q February 2008 DtaR Final Report \ Vol. I1 \ Annex I b Revision: R3

F. Arbitration Clause:

On the aspects where the Articles of this MOU are silent or for cases relating to deviation from these articles, efforts would be made to resolve the issues through mutual dialogues and consultations between SRRDA and LINE DEPARTMENTS. I f such a resolution is not possible then the unresolved disputes and differences shall be referred to the Cabinet Secretary, Government of India. The decision of the Cabinet Secretary, who will act as an Arbitrator, will be final and binding on the both the parties.

THE PARTIES HAVE EXECUTED THIS MEMORANDUM OF UNDERSTANDING (MOU) I N DUPLICATE ON THIS DAY OF I N 'THE PRESENCE OF WrrNESS INDICATED.

For and on behalf of SRRDA For and on behalf of LINE DEPARTMENTS

Signature: Signature:

Name: Name:

Date: Date:

Place: Place:

I n the Presence of I n the Presence of

1. Signature: 1. Signature:

Name: Name:

2. Signature: 2. Signature:

Name: Name:

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Project Social Assessment of Ptadhan Mantri Gtam Sadak Yojana (PMGSY) Document: FZ006WO Draft Final Report \ Vol. I1 \ Annex I1

Sheet i of i February 2008

Revision: R3

ANNEX - I1

INFORMATION ON CORE NETWORK

Format for Displaying Information of Selected Roads on Core ~etwork*

State:

District:

Block Name & Code:

Name of Road:

Through Route or Link Route:

Code in Core Network:

Length (km):

Population served: - Total - SC

Names and Populations of Habitations (Villages) to be connected:

For Further details Contact at:

Agency Name:

Address:

Contact Person Name:

Phone No.:

* This should be displayed along with colour MAP of core network indicating selected road super imposed on Revenue Mao

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Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet i of i Document: F2006WO February 2008 D r a f t m e \ Vol. I1 \ Annex I11 Revision: R3

ANNEX - I11

SCREENING FOR IDENTIFICAllON OF TYPES OF LAND TO BE ACQUIRED AND AFFECTED PERSON

Section A

Section B

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- Hutment and its Extension

14. 15.

- Animal shelter - Farming / Horticulture - Shop / Vendor - Anyother

Squatting Different types of PAPs

- Owner - Individual - Panchayat - Formal/ informal tenants on private land - Vulnerable (SC/ST/BPlJwomen headed

households / Physically handicapped) - BPL households losing more than 10 O/O

land - PAPs / PAFs losing more than 20% land

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet i of ii Document: F2006040 February 2008 Draft Final Report \ Vol. I 1 \ Annex I V Revision: R3

ANNEX - IV FORMAT FOR MONTTORING OF SOCIAL ISSUES:

DETAILS OF LOSSES, PAFs VIS-A-VIS SUPPORT MEASURES *

Name of State Name of Block Name of District Name of Road Number of Road Code in Core Network Names of Villages Affected by the Road

Date of Monitoring :

SECnON B

I project implementation 13 PAFs engaged in petty contractual

A Acquired in

Current Month1 Quarter

SECTION Target (Total)

Sr. No.

1 2

3

4

5

6

7 8

9

10

Sr. No.

11 12

* For Monthly or Quarterly Monitoring of Work FAITH Healthcare Private Limited

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Items

Extent of land acquired Expected cost of compensation to landowners Expected cost of compensation for burial of land Expected cost of compensation for damage of standing crops Replacement cost of structure to PAFs Extent of government land identified for house sites No. of PAFs for issue of Identity card PAFs for resettlement grant i. Pasture land ii. Religious structure iii. Health

1 iv. Education 1 v. Cremation 1 burial ground 1 vi. Water bodies

Expected expenditure on R&R activities Source of Fund Identified for R&R activities within State budget

Total Land Acquired

Items

PAFs received assistance PAFs allotted house under the

Remarks

I

Monthlquarter

Target Achievements Current Total

Remarks

Project: Social Assessment of Pradhan Mantri Gram Sadak Yojana (PMGSY) Sheet ii of ii Document: F2006WO February 2008 Draft Final Report \ Vol. I 1 \ Annex IV Revision: R3

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What is PMGSY

Why are all weather roads being built?

What is PMGSY? PMGSY or Pradhan Mantri Gram Sadak Yojana is a Central Government project to provide road connectivity to villages with population of 500 persons or more in the rural areas by 2007. In desert, hill and tribal areas, the villages with population 250 or more will be connected.

Why are all weather roads being built? Rural road connectivity plays a key role in securing poverty alleviation by providing easy access to marketing centers for agricultural produce at lower transportation cost resulting in higher price realization and consequently ihcreasing rural income. It further increases access to education, healthcare, employment opportunities and improving standard of living of the rural population.

Where are these roads being built?

Who will build these roads?

What is the meaning of PIU?

Where are these roads being built? In the state, the Gol would finance the proposed PMGSY works through the World Bank in .......... districts. The villages with population of 500 or more will be connected through roads. In desert, hill and tribal areas, the villages with population 250 or more will be connected.

Who will build these roads ? In the state, the ............................. (Department) is implementing PMGSY. The ............. (Department) has set up a Project Implementing Unit (PIU) for this purpose at the district level.

What is the meaning of PIU? PIU is the short name of "Programme Implementing Unit". This includes Senior officers from ........... (Department), other officers, engineers etc. PIU will work in consultation with PRI (Panchayati Raj Institutions).

Who will finance this project?

What is World Bank?

The Gol would finace the proposed PMGSY works through the World

Bank. In the . . . .. . districts of state the project is being implemented

with loan from World Bank.

What is World Bank?

World Bank is an international organization, which gives loan for

development purpose to the governments all across the world.

How are the project roads selected?

How to get the core network map?

How are the project roads selected? The selection of roads for new construction/ up gradation shall be from the core network. A Core Network is the minimal network of roads essential to provide basic access to essential social economic services to all eligible habitations in the selected areas through at least single all-weather road connectivity.

How to get the core network map? Copies of the Core Network are available for the public at the Zila Panchayat offices. Salient features of the finalized core network will be displayed at the notice boards of the District Panchayat and the concerned Gram Panchayats.

What are the prerequisites for building the roads?

Donation of Land

What are the prerequisites for building the roads? It is necessary to have sufficient land for building the road. In case of sharp curves extra land may be required to ensure the safety of the road users.

Donation of Land In case the land is required, the villagers will have to donate part of their land for the project.

Which land will be required?

What are the possible types of impact?

Which land will be required? The land required for the project will be nominal. Wherever the revenue tracks already exist, it will be converted into all weather road. Thus the impact on land, houses, shops etc will be minimal. Extra land will be required where the existing revenue track is narrow or there is need to improve the curve.

What are the possible types of impact?

Land may be required for road building or widening,

Farming, shops etc may be required to shift away at the place where the road is to be built, If house is located at the place where road is to be built, it may

have to be shifted.

You are eligible for assistance i f !

You are eligible for assistance if:

You belong to :- BPL households (with a valid proof), as per the State poverty line for rural areas; Other eligible catagories;

1. Women headed households with women as sole earner 2. Scheduled CastelScheduled Tr be and 3. Handicapped person,

and you are subjected to any of the following impacts: o Loses considerable amount of land (more than 10%120% of the o total land holding), o Loses shelter and, o Loses source of livelihood.

Suggested Measures for Addressing various Impact Categories

Suggested Measures for Addressing Various Impact Categories Land: AssistanceISupport by the community only for vulnerable groups through: (i) Alternate land sites provided by GPIcommunity (ii) Assistance or support by community and Panchayat and (iii) Inclusion as beneficiaries in Rural Development (RD) programs if eligible. Structures: AssistanceISupport for asset creation by community and Panchayat (or) Inclusion of PAPS losing shelter as beneficiaries in RD programs if eligible.

Livelihood: Inclusion as beneficiaries in RD programs if eligible. Common Property Resources: GPIcommunity with technical inputs from PIU either relocate or construct assets; Consultations with the concerned sections of the community in case of grazing land etc. Non-titleholders: Advance notice to removal of assetststanding crops and subsequent clearance; Involvement of GP/community in sensitisation and clearance of encroachments

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What happens when there is resentment from the communities?

PMGSY and Conservation of environment

What happens when there is resentment from the communities? The roads under PMGSY will be built to connect villages where the communities need them. The PIU shall not take up those roads (in that particular year) where the local population is apprehensive to the implementation of the Resettlement Framework. Such projects will be taken up at a later stage, only after the communities/PRls work out suitable mechanisms at the village level to resolve issues pertaining to land take.

PMGSY and Conservation of Environment PMGSY aims for rural roads construction with a minimum impact on the environment. To avoid adverse environmental impacts, issues have been considered at each project implementation stage to guide planning, design, construction and maintenance of PMGSY roads. Detailed guidelines named ECoP are prepared forthis purpose. The information on this could be obtained from the PIU.

Addressal of Public Grievances

Addressal of Public Grievances

During the Planning stage a group of people will conduct Transect Walk.

During the walk, the members of PIU will talk to the villagers, give them

information, receive information from them and will try to understand their

problems. Besides this they will aiso take suggestions for solutions to above

problems.

The PIU to intimate the PRI at least a week prior to the transect walk. The

intimation to the public shall be in the form of a formal notice at the Village

Panchayat building. The information will include the date, time and place of

the transect walk.

What will happen if there are grievances even after the Transect Walk?

What wil l happen if there are grievances even after the Transact Walk? The Land Management Committee shall act as the village level Grievance Committee, and will meet once in a month till DPR preparation and quarterly after initiation of the construction work for addressing grievances till the construction is completed. Residual grievances will be addressed through a Grievance Redressal Committee at the district level, comprising (i) Executive Engineer of the PIU, (ii) Sub-Divisional Magistrate (iii) Member of Zila Parishad, and (iv) Member of Land Management Committee of the GP. Representative of PAPS will be invited to be present during the proceedings of grievance redressal. This committee will solve the grievances, which could not be solved at the village level.

Who to get information about the project

How to get information about the project The PIU will give information at every stage of the project. The information about the plan of road could be obtained from the Gram Panchayat. The Gram Panchayat will maintain a list of all the documents related to the project. Copy of which could be obtained from the panchayat office. After the finalisation of alignment the information could be obtained from both Village Panchayat and District Panchayat.

The official web site of the PMGSY www.pmgsy.nic.in provides the detailed project information at the national, state and district levels.

Format 3 Public Announcements (Prior to finalization of alignmentltransect walk)

What is the Project and its salient features Benefits Which Agencies are involved What if resentment from community Need for additional land through Voluntary Land Donation Likely Impact and Entitlements Date of Transect Walk Alignment Details along with map of alignment displayed Contact Person and Address (PIU and PRI)

Responsible AgencyIPerson: PIU (AEIJE), Gram Panchayat (Sarpanch and other members), Community Development Officer

Format 5: Guidance Note for Transect Walk (During finalization of alignmentltransect walk)

Sensitising the community about the sub-project and design compulsions

Route Alternatives

lnventorisation of Environmental and Social Features (Trees, Water bodies, Grazing lands etc.)

lnventorisation of Utilities (Electric Pole, Hand-pump, Wells etc.)

Requirement of LandIAvailability of sufficient Land

Locations where extra land will be required

Land OwnershipILand Categories

9 Private Land

9 Government Land

9 Encroachments and Squatters

Design Modifications

9 Road Safety

9 Protection of Cultural Properties

9 Slope for vehicles to enter and exit the road

> Slope for cattle Crossing

9 Induced Development

9 Lay - by

Plantation

Process of Land Transfer

Profile of Project Affected Persons (PAPS)

Assessment of Social Impact (Land Structures, Cultural Properties etc.)

Issues and suggestions of the local people

Responsible AgencylPerson: PIU (AEIJE), Gram Panchayat (Sarpanch and other members), Community Development Officer

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