Short Resettlement Plan for Geruka Harinmari Irrigation Sub-project – Mahottari District

Supplementary Appendix to the Report and Recommendation of the President to the Board of Directors

on the

Community Managed Irrigated Agriculture Sector

in

NEPAL

Ministry of Water Resources

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

October 2003

2 ACRONYMS

ADB Asian Development Bank AO Association Organizer BS Bikram Sambat (Nepali Calendar) CBO Community Based Organization CDO Chief District Officer CMIASP Community Managed Irrigated Agriculture Sector Project CPMO Central Project Management Office DADO District Agriculture Development Office DDC District Development Committee DOA Department of Agriculture DOI Department of Irrigation EA Executing Agency FMIS Farmer Managed Irrigation Systems ha Hectare HH Households HMGN His Majesty’s Government of Nepal IDD/IDSD Irrigation Development Division/ Irrigation Development Subdivision IPP Indigenous Peoples Plan ISP Irrigation Sector Project M&E Monitoring and Evaluation MIS Management Information System MOA Memorandum of Agreement MPMU Mobile /Local Project Management Units NGO Non-government Organization O&M Operation and Maintenance PAP Project Affected Person/People RPSU Regional Project Support Unit SMU Subproject Management Unit SPAP Significantly Project Affected Person RF Resettlement Framework RP Resettlement Plan Rs Rupees VDC Village Development Committee WUA Water User’s Association

3

EXECUTIVE SUMMARY i. Geruka Harinmari Irrigation Sub-project in Mahottair District is an old irrigation system. At this Sub-project, there are 145 project households comprising 1,061 persons affected from the improvements and expansions in the existing main and branch canals. The total additional land needed for improvements is 12,371 m2 out of their total land holding of 1,793,090 m2, which stands at 0.69 percent. ii. There are no significantly affected people and number of vulnerable (women-headed) households among the affected people are 5 with a total population of 32 persons. These vulnerable households will loose 1.47 percent of their total land holding, so, they will have minor impacts from the proposed project. Thus, there is no significant resettlement impact and no full Resettlement Plan required for this sub-project. The minor impacts will be taken care by the WUA and DOI as stated in this short Resettlement Plan. iii. Out of the 145 PAP households, a socio-economic sample survey was done at 34 PAP households. The survey shows that the status of women in terms of property ownership is quite low, and their literacy rate is also low. In occupational category, the majority of the households are agriculturists with some supporting income from other side like: trade, service and so on by some members of the family. Similarly, all farms are cultivated by farmers themselves, so, there are no tenants. The average loss of income from the affected land comes out to be Rs. 342.99 per household per annum. This loss in income will be off-set by reduction in the labour and/or cash contribution as well as water fee charges at the ratio of the land loss. In addition, this loss in income will be off-set by increase in crop productivities as well as increase in cropping intensity from multiple cropping due to availability of irrigation water. Hence, The PAPs have agreed to provide the land voluntarily to WUA, supported by a written agreement between the PAP and the WUA. A short Resettlement Plan has been designed to deal with the resettlement impacts. The resettlement plan will ensure that the PAPs are able to maintain or develop their pre-project living standards within a shortest possible time. iv. The entitlement principles for the Sub-project is as follows:

Entitlement Matrix

Identification of Type of Loss Entitlement Affected HHs 1. Loss of land and Landowner and PAPs will get compensation at replacement cost as assets for the tenant determined through agreement between PAP and the WUA.. irrigation canals 2. Voluntary donation Landowner Internal agreement between the landowner and the WUA with of land by owner ‘no coercion’ clause witnessed by a neutral party i.e. NGO or without any VDC chairperson. compensation 3. Loss of standing Crop owners PAPs will get compensation at replacement cost/value as crops, trees, and and tenants determined through agreement between PAP and the WUA. perennial crops 4. Temporary impact Property owner Extreme care will be taken by the EA or the contractor to avoid or damages during and others damaging property. If damage will occur, the EA or the construction contractor will be required to pay compensation to the PAPs or communities

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SHORT RESETTLEMENT PLAN FOR INGLA KHOLA SUB-PROJECT

A. Introduction

1. The Short Resettlement Plan (RP) has been prepared for Geruka Harinmari Irrigation Sub-project (ISP). The RP outlines the resettlement policy, entitlements, and rehabilitation measures. This RP has been prepared in consultation with the Project Affected Persons (PAPs). A brochure on the entitlement principles was also prepared in Nepali language and provided to the PAFs (Appendix 1).

B. Definitions

2. The definitions of the key terminologies or concepts are as follows:

a) Land Acquisition means the process whereby land and properties are acquired for the purpose of the project construction. b) Compensation means payment in cash or in kind of the replacement value of the acquired property. c) Grievances Resolution Committee means the committee established under each sub- project to resolve the local grievances. e) Project Affected Person (PAP) the affected person includes any people including encroachers/ squatters, households, or firms who, on account of changes that result from the project will have their (i) standard of living adversely affected; and/or (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adverse affected, in full or in part, permanently or temporarily. f) Significantly Project Affected Person (SPAP) means those PAPs who lose 10 percent or more of their total land or income. g) Replacement Cost means the method of valuing assets to replace the loss at market value before the project or dispossession, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs. h) Resettlement means all the measures taken to mitigate all or any adverse impacts of the project on the PAPs property and/or livelihoods including compensation, relocation (where relevant), and rehabilitation. i) Relocation means the physical relocation of PAPs from their pre-project place of residence. j) Rehabilitation means the measures provided under the resettlement plan other than payment of the compensation of acquired property. k) Baseline Surveys mean two types of surveys that are conducted early in the resettlement planning process: (a) a census of all affected persons and assets, and (b) a survey of the socio-economic conditions of the affected persons.

C. Background and Scope of Land Acquisition

3. One of the sample Sub-project under the Community Managed Irrigated Agriculture Sector Project (CMIASP) is Geruka Harinmari Irrigation Sub-project is located at Hariharpur VDC in Mahottari District of the Eastern Development Region. It is an old irrigation system serving a total command area of 185 ha. with benefits to a total population of 1,901. There are

5 303 plots of agricultural land – totaling 1,128,427 m2 along the existing canal system (Refer cadastral map: Annex 1). Out of which, the canal has occupied 23,212 m2.

4. The proposed improvement will extend the irrigation facility in another 70 ha. land. For such improvement, the existing canals require 12,371 m2 of additional land since improvements are done through deepening the existing canal and/or minor extension on either side of the canal. After these improvements the existing canal will occupy a total of 35,583 m2 land corresponding to 3.15 percent of the land in 303 plots along the canal as shown in Table 1.

Table 1: Total Land to be Occupied by Canal in the Existing System Ward No./ No. of Total Land to be Total Area of Plot Percent of Map Index Plots Occupied by Canal m2 m2 Canal Area 6 'Ga' Main Canal 22 2362.45 102467.58 2.31 6 'Ga' Branch Canal 53 4796.24 128198.89 3.74 5 'Ka' Branch Canal 9 678.17 56869.75 1.19 6 "Kha' Main Canal 23 2912.73 42450.89 6.86 6 'Kha' Branch Canal 89 11370.82 348710.70 3.26 5 ‘Kha’ Main Canal 25 3795.76 124215.03 3.06 5 ‘Kha’ Branch Canal 31 3855.99 154093.43 2.50 4 ‘Kha’ Main Canal 24 3829.96 92261.98 4.15 4 ‘Kha’ Branch Canal 27 1980.99 79158.92 2.50 Total 303 35583.11 1128427.16 3.15

5. Along the canal, there are 303 plots owned by 170 farmers out of which additional land needed for improvements of the existing canal is from 257 plots owned by 145 farmers. Therefore, a total of 145 PAPs have been identified. The total land needed from them is 2,629 m2 for main canals and 9,742 m2 for branch canals. This additional land corresponds to 0.69 percent of the total land possessed by the 145 PAPs. All of those lands are agricultural land.

6. Along the canal expansion lines there are no permanent structures, temples or monuments on either side of each core sub-projects. Thus, the likely resettlement impact is limited to the land parcels required for the improvements of the existing system and for the extension of new canals.

7. A census of the PAPs was undertaken in the third week of September 2003. As per the census, there are total 145 affected households totaling 1,061 persons (For details see Annex 2). These PAPs will lose total 12,371 m2 (0.69 percent) land out of their total land holding of 1,793,090 m2. The loss of income from this land is calculated to be worth of Rs. 49,731.42 (Sample survey of the PAPs shows that the income loss per Sq. m. of land is Rs. 4.02). The number of vulnerable (women-headed) households among the PAP is 5 with a total population of 32 persons. These vulnerable households will loose 1.47 percent of their total land, so, they will have minor impacts from the proposed project. Thus, there is no significant resettlement impact and no full Resettlement Plan required for this sub-project. The minor impacts will be taken care by the WUA and DOI as stated in this short Resettlement Plan.

D. Summary of the Socio-economic Survey of Sample Households and Likely Resettlement Impact (Details in Annex 3)

8. Out of the 145 total households, the sample survey was done at 34 (about 23.4 percent) households. Out of the sample households, only five households are headed by female. Of the total population of the sampled households 47.3 percent are male and 52.7 percent are female. 9. In the educational status of the persons above 5 years of age, 90.4 percent male and 67.0 percent females are literate. The status of women in education seems to be poor as compared to men. In occupational category, the majority of the households are agriculturists

6 with some supporting income from other side business and/or service by some members of the family.

10. In the sampled households, 38.2 percent households have land size below 1.0 ha. while 32.4 percent households have land size between 1.0 to 2.0 ha; 17.6 percent have 2.0 to 3.0 ha; and 11.8 percent have more than 3.0 ha. of land. So, the majority of farmers are medium and small sized farmers.

11. The survey shows that all the farms are cultivated by the farmers themselves and there is no issue of tenancy. Among the sample households, the average loss of income from affected land comes out to be Rs. 342.99 per household per annum. This loss in income will be off-set by reduction in the labour and/or cash contribution to be given to the WUA at the ratio of land loss. In addition, this loss in income will be off-set by reduction in water fee charges to be paid to WUA every year at the ratio of land loss. Above all, the respondents also indicated that the availability of irrigation water is expected to reach their farm income to an average of Rs. 5.62 per m2 (or Rs. 1,873.43 per Katha) per annum due to increase in crop productivities as well as increase in cropping intensity from the possibilities of multiple cropping. Thus, the loss in income will be off-set by the net increase in income.

12. About the mode of compensation for the portion of land loss in the proposed canal, all sampled households are ready to provide their land, but expect the compensation in terms of lowering their labor contribution and reduction in the water fee charges every year according to the ratio of the loss. The respondents also viewed that the loss in income from the affected land will be off-set by the increase in income due to increase in land productivity as well as multiple cropping.

E. Existing Policy and Legal Frameworks

13. According to the Land Acquisition Act of 1977, HMGN can acquire land and other property when there is land needed for any public purposes and there is provision of compensation to the affected persons. At present, Nepal’s Irrigation Policy of 2003 requires that it is WUA’s responsibility to acquire the land required for the construction of canal and drainage network system; the value of the land is adjusted to their contribution amount as per the Government’s subsidy policy under FMIS.1 Therefore, the Land Acquisition Act 1977 does not apply for the CMIASP; the WUA should get such land from the concerned landowners on a “voluntary” basis, and provide compensation to the concerned landowner, if one declines to donate his/her land.

14. The existing policy or legal provisions of the HMG are found to be inadequate to meet the ADB’s Resettlement Policy requirements to (i) make payment or compensation for acquired assets at the market/replacement value; and (iv) provide resettlement/rehabilitation assistance to the affected persons (For details see Resettlement Framework for CMIASP). Hence, the DOI has developed a Resettlement Framework (RF) for CMIASP to fill-in this gap. The Geruka Harinmari Sub-project will also follow the resettlement principles and entitlement policies stated in the RF. These policies/principles are:

i) The principal objective of this Resettlement Plan (RP) is to ensure that the PAPs are at least as well off, if not better off than they would have been without the Sub-project. So, the PAPs are able to maintain and preferably improve their standard of living and quality of life. ii) The populations affected by the Sub-project are defined as those who may stand to lose, as a consequence of the Sub-project, part of the physical assets like: productive lands.

1 As per the Irrigation Policy of 2003, the users have to contribute 3 to15 percent of the cost according to average size of irrigated area and types of irrigation canal.

7 iii) All PAPs will be entitled for compensation for their lost assets like land at replacement cost, as agreed between the PAPs and the concerned WUAs. The compensation rate is based on replacement cost determined through negotiations between the PAPs and the WUA, witnessed by third party NGO or VDC Chairperson. iv) Implementation of the (RP) will be carried out with the participation and consultation of the PAPs and construction activities will not be commenced until the required lands have been fully compensated to the PAPs by the concerned WUA. v) If the land is contributed voluntarily or rented to the WUA for use throughout the life of the Sub-project and the PAPs will sign an agreement including “no coercion” clause witnessed by a neutral third party acceptable e.g. NGO or VDC Chairperson. The right of use by the irrigation canal will not be cancelled or lost by the transfer of land from the original PAP to a new owner/farmer. vi) The affected households will be classified into two groups according to the proportion of the loss of land, income or house. Those who lose 10 percent or more of their total land or income will be classified as Significantly Project Affected People (SPAPs), and those who lose less than 10 percent of their total land or income will be classified as Project Affected Peoples (PAPs). Households who lose residential or business house will also be classified as SPAPs. If affected land/house is under tenancy, both the landowners and tenants will be included in the list of SPAPs or PAPs for entitlements and compensation or rehabilitation purposes. Due attention will be given to restore the livelihood of the SPAPs from the rehabilitation measures. vii) Those SPAPs and PAPs who provide land will also be given priority support under the project in terms of employment in construction works, and agricultural extension and social development programs. viii) The Project Resettlement Framework and the detailed Resettlement Plan for the Sub-project will be translated into Nepali and placed with the WUA and the local Project Office for the reference of all WUA members, and will be given to Community Organizers for discussion with participating farmers at the time of need

F. Entitlement and Compensation

15. For Geruka Harinmari ISP, following entitlement principles have been developed in order to retain the PAPs pre-project living standards within a shortest possible time:

Matrix 1: Entitlement Matrix

Identification of Type of Loss Entitlement Affected HHs 1. Loss of land and assets Landowner PAPs will get compensation at replacement cost as for the irrigation canals determined through agreement between PAP and the WUA.. 2. Voluntary donation of Landowner Internal agreement between the landowner and the WUA land by owner without with ‘no coercion’ clause witnessed by a neutral party i.e. any compensation NGO or VDC chairperson. 3. Loss of standing crops, Crop owners PAPs will get compensation at replacement cost/value as trees, & perennial crops and tenants determined through agreement between PAP and the WUA. 4. Temporary impact or Property owner Extreme care will be taken by the EA or the contractor to damages during and others avoid damaging property. If damage will occur, the EA or the construction contractor will be required to pay compensation to the PAPs or communities G. Income Restoration and Rehabilitation Measures

16. Apart from the provision of compensation as outlined in the previous paragraph, the rehabilitation of PAPs and vulnerable groups such as: women-headed household and ethnic minority will be supported through the following measures:

8 a) Counseling regarding project impact, compensation alternatives and risks and resettlement options (where required); b) Counseling on saving/credit schemes and management of compensation money; c) The Project will coordinate with the Department of Agriculture for agricultural extension services to the agricultural PAPs in order to increase production on their remaining agricultural land. The PAPs will be among the first beneficiaries of the income generation program to be implemented under the CMIASP. d) PAPs and vulnerable groups, such as female headed households, poor people below the poverty line2, Dalits and ethnic minorities, will be given preferential access to project construction employment opportunities to the extent possible. e) The PAPs will be given priority in skills development training conducted in the respective CMIASP sub-project. f) General information dissemination and counseling will be provided to all persons within the project areas to inform on project impacts, construction schedules and acquisition dates, valuation, compensation and grievance resolution mechanisms, and procedures for employment in the project construction works.

H. Consultation and Grievance Redress Participation

17. This RP has been prepared in close consultation with the PAPs. A brochure summarizing entitlement principles/matrix was prepared in Nepali language and was distributed among the PAPs (Appendix 1). Furthermore, an agreement has been signed between the PAPs and WUA members, which states that they will settle their land issues within themselves and the PAPs will donate their land for canal voluntarily and will not obstruct construction of the canal in their respective lands (Appendix 2). This agreement will be verified by NGO or third party before award of civil works contract for this sub-project.

18. The RP will be publicly available in Project Information Center, which will be set up at both central and regional/district level project offices. Further, summary resettlement plan in Nepali language will be made available in the WUA office in the sub-project site. Copies of these documents will be provided to any requester, including PAPs and NGOs, with charging them with minimum photocopying cost.

19. For grievance redress, a Grievance Resolution Committee will be established under the chairmanship of VDC Chairperson; other members of the committee will be two representatives of PAPs (one man and one woman), WUA chairperson, NGO representative, and representative from the Project. The PAPs may submit their concerns or grievances verbally or in writing to this Committee. All complaints/grievances will be documented properly by the Committee. The Committee shall make field-based assessment to verify/examine the grievances, if necessary. After proper examination/verification of the grievances the Committee shall facilitate the Project/IDD, WUA, PAPs and other concerned parties to agree on a time-bound action plan to resolve the grievance that found to be genuine. Attempts will be made to settle the issues at the sub-project level through involvement of social and resettlement experts, NGOs, mediators and facilitators as required.

I. Institutional Responsibilities

20. The Project Director (PD) of CMISP, placed in the Central Project Management Office (CPMO) in DOI, has overall institutional responsibility for coordination, planning, implementation and financial responsibilities. The PD will guide, supervise and report on the progress in the project and will handle land acquisition issues requiring and coordination at the Central level. Under the guidance of CPMO, Regional Project Support Unit (RPSU) will be placed in each

2 Nepal (the Government) has officially adopted a definition of poverty expressed in terms of consumption expenditure. The poverty line is defined in terms of the value of an annual per capita consumption level considered just sufficient to assure 2,124 calories per person/day, plus non-essential non-food items.

9 development region, with the head of the Regional Irrigation Directorate as Project Manager (PM), who will supervise the activities undertaken at the level of the Irrigation Development Division/ Irrigation Development Subdivision (IDD/IDSD). A Resettlement Specialist (with prior experience in resettlement planning and management) will be hired for each region under the team of consultants working for institutional strengthening and project management, and work under the PM to supervise the process of finalizing and implementing the resettlement plan.

21. A multi-disciplinary Sub-project Management Unit (SMU) will be assigned to implement the subproject under supervision of the head of Irrigation Development Division who will work as Sub-project Manager (SM). A NGO in each SMU will be assigned for that task of resettlement- related activities, with the supervision of Resettlement Specialist.

22. NGOs will involve in updating and finalizing resettlement pan and its implementation at sub-project level. NGOs will also facilitate compensation and rehabilitation process/programs to make sure that the affected people are not adversely impacted, and their well-being is maintained or developed with the sub-project implementation as without it.

J. Implementation Schedule

23. The schedule for RP preparation and implementation is shown in the table below. The civil works contract will not be awarded unless the agreement has been verified by third party or NGO, and land compensation has been adjusted as agreed between the PAPs and WUA. However, income rehabilitation measures may continue and be completed even after civil works has begun. Upon the final selection of the sub-projects and completion of detailed design, the following activities will be followed for the revision of RP:

Schedule for RP Preparation/Implementation SN Activities Time/Period 1 Appoint resettlement specialist and NGOs First month of project implementation. 2 Undertake consultation and participation programs and To be carried out through the duration of the Project. grievance redresses 3 Agreements between PAPs and WUa Already done. It will be verified by third parry or NGO before award of civil work contract. 4 Disclose RF and RPs Already done. 5 Update RP and obtain ADB concurrence Before approval of the civil works contract. 6 Implement the RP During the implementation phase 7 Submit RP implementation report confirming completion Before issuance of notice to proceed. of RP activities with respect to compensation 8 Implement monitoring and post-evaluation programs Internal monitoring to be carried out throughout the duration of the Project. External monitoring will be engaged as early as resettlement implementation.

K. Monitoring and Evaluation

24. As a part of the resettlement management system, CPMO will set up appropriate reporting, monitoring and evaluation system disaggregated by gender and ethnicity/caste. The AO, with the assistance of the NGO and support by Resettlement Specialist in RPSU will report every month on resettlement transactions to the CPMO. SMU will maintain a record of all transactions in their MIS. Internal monitoring will be carried out every month to: (i) verify that there are no outstanding or unresolved land acquisition issues with the project and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the plan; (ii) oversee that all economic rehabilitation measures are implemented, as approved; and (iii) verify that funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the plan. The Project will prepare quarterly and annual reports on resettlement and submit to ADB. At the end of the Project, a final inspection report will be prepared and submitted to

10 ADB. The scope and format of such inspection report will be agreed between the Government and ADB.

25. In addition to verifying the reports generated by internal monitoring, an external monitoring and evaluation agency, preferably NGO, having sufficient skills and capacity in monitoring resettlement and social development activities will also be assigned to carry out external monitoring and evaluation works as: (i) evaluating the social and economic impact of land acquisition and economic rehabilitation of the PAPs; (ii) verifying that the objective of enhancement or at least restoration of income levels and standard of living of the PAPs have been met; and (iii) suggesting modifications to the land acquisition and economic rehabilitation, where necessary, to achieve the principles and objectives as set before. Such external monitoring will be carried out on an annual basis throughout the Project period, and the external agency will directly report their findings both to the DOI and the ADB.

L. Resettlement Cost

26. The cost of land compensation will be borne by the WUA as a part of agreement between the PAPs and the WUA. Since the total additional land needed for the proposed sub- project is 12,371 m2 (i.e. 37.1 Kathas) the total cost of this land is Rs. 742,000.00 only (Based on the average sale price of Rs. 20,000.00 per Katha). The PAPs have agreed to provide their land on condition that the WUA will bear this compensation cost by adjusting the amount of labour and/or cash contribution that the PAPs has to share in the Sub-project cost as its irrigation beneficiaries. However, APs will also be entitled to obtain cash compensation from the WUA in accordance with the Resettlement Framework, if they do not agree adjusting value of the affected land to the cash/labor contribution.

27. Cost for staff and NGOs assigned for preparation, implementation and monitoring of resettlement plans will be covered under the Consultancy Services.

28. Skills training and income generation activities will be covered under the Project under the Social Mobilization package.

Annex 1 11

Annex 1 12

Annex 1 13

Annex 1 14

Annex 2: List of Project Affected Families at Geruka Harinmari

SN Name of the Farmer Ethnicity Sex of No. of In Katha Total land Total no. Additional land Percent of Location of household families in Sq. m. of plots required for additional land land loss head canal Sq. m. for canal to in canal total land 1 Ram Brishya Singh Danuwar Male 4 17 5667 2 14 0.24 Main 2 Ganeshi Sah Teli Male 4 16 5334 5 67 1.26 Main 3 Ram Charan Singh Danuwar Male 8 30 10001 1 25 0.25 Main 4 Chauthi Sah Teli Male 6 10 3334 2 31 0.94 Main 5 Bhubaneshwori Sah Teli Male 18 60 20001 3 95 0.48 Main 6 Kailu Sah Teli Male 4 12 4000 1 45 1.13 Main 7 Kedar Sah Teli Male 6 40 13334 2 104 0.78 Main 8 Mohan Singh Danuwar Male 16 85 28335 6 220 0.78 Main 9 Bhuban Singh Danuwar Male 5 74 24668 5 236 0.96 Main 15 10 Rudra Narayan Chaudhary Tharu Male 7 16 5334 3 173 3.25 Main 11 Ram Chandra Sada Musahar Male 4 20 6667 2 56 0.84 Main 12 Uchit Sada Musahar Male 5 1 333 1 32 9.59 Main 13 Ram Sworup Sah Teli Male 6 3 1000 1 27 2.66 Main 14 Jugeswore Sah Teli Male 4 10 3334 1 118 3.55 Main 15 Shoshil Sah Teli Female 9 4 1333 2 88 6.62 Main 16 Bhutan Sah Teli Male 8 70 23335 3 100 0.43 Main 17 Gunesh Yadav Yadav Male 8 10 3334 2 52 1.57 Main 18 Pachhu Sah Teli Male 4 15 5000 2 139 2.77 Main 19 Ram Autar Sah Teli Male 8 17 5667 2 130 2.29 Main 20 Biltu Yadav Yadav Male 6 64 21334 3 226 1.06 Main 21 Sukh Chandra Singh Danuwar Male 9 30 10001 2 57 0.57 Main 22 Pahal Man Singh Tharu Tharu Male 10 16 5334 4 115 2.15 Main 23 Ram Narayan Sah Teli Male 5 5 1667 2 83 4.99 Main 24 Saurabi Sah Teli Male 7 5 1667 2 11 0.64 Main 25 Tej Narayan Sah Teli Male 4 16 5334 3 164 3.08 Main

26 Biseswore Bachhad Tharu Male 5 15 5000 2 45 0.90 Main A 27 Ram Bilas Sah Teli Male 6 12 4000 3 101 2.52 Main nnex 2 28 Bijay Sah Teli Male 5 15 5000 2 41 0.82 Main 29 Dukhi Singh Danuwar Male 5 2 667 1 34 5.04 Main

2629 30 Ram Babu Singh Danuwar Male 4 2 667 1 33 4.96 Branch 31 Ram Dhyan Singh Danuwar Male 11 4 1333 1 21 1.56 Branch 32 Ram Sewak Panjiyar Teli Male 5 10 3334 3 125 3.74 Branch 33 Ram Tej Sah Teli Male 8 15 5000 2 53 1.06 Branch 34 Sanischhar Sah Teli Male 4 6 2000 1 20 1.01 Branch 35 Ram Lochhan Yadav Yadav Male 6 6 2000 2 64 3.22 Branch 36 Ramo Yadav Yadav Male 7 7 2333 2 22 0.96 Branch 37 Bimal Singh Danuwar Male 5 10 3334 3 34 1.01 Branch 38 Lataiya Yadav Yadav Male 5 50 16668 4 84 0.51 Branch 39 Rameswore Dass Tatma Male 2 7 2333 2 26 1.10 Branch 40 Ram Pukar Singh Danuwar Male 7 20 6667 2 78 1.17 Branch 41 Arbinda Yadav Yadav Male 9 87 29001 3 167 0.58 Branch 42 Rama Jiban Singh Danuwar Male 5 5 1667 4 5 0.32 Branch 43 Ram Khelawan Roy Yadav Male 11 16 5334 2 49 0.92 Branch 16 44 Surya Narayan Yadav Yadav Male 9 9 3000 2 77 2.56 Branch 45 Ram Khelawan Mahara Chamar Male 6 16 5334 3 14 0.26 Branch 46 Mateshi Yadav Yadav Male 5 20 6667 1 29 0.44 Branch 47 Lali Yadav Yadav Male 9 30 10001 2 38 0.38 Branch 48 Ram Pukar Yadav Yadav Male 6 45 15001 3 33 0.22 Branch 49 Raj Kishore Yadav Yadav Male 5 27 9000 3 64 0.72 Branch 50 Ram Narayan Yadav Yadav Male 5 43 14334 2 49 0.34 Branch 51 Mosalim Miya Muslim Male 8 6 2000 1 46 2.32 Branch 52 Ganesh Bhandari Brahman Male 6 8 2667 2 60 2.24 Branch 53 Yog Kumar Yadav Yadav Male 8 50 16668 3 24 0.14 Branch 54 Ramashish Singh Danuwar Male 4 4 1333 3 69 5.20 Branch 55 Jibachha Yadav Yadav Male 8 100 33335 14 203 0.61 Branch 56 Rup Lal Singh Tharu Male 21 20 6667 2 59 0.88 Branch 57 Rajkumar Sardar Tharu Male 7 6 2000 2 42 2.08 Branch 58 Sushil Sah Teli Male 7 18 6000 2 30 0.50 Branch 59 Bindeswore Sah Teli Male 11 65 21668 4 22 0.10 Branch

60 Ram Rup Sah Teli Male 9 15 5000 3 121 2.42 Branch A 61 Mukhi Mahara Chamar Male 6 14 4667 3 135 2.89 Branch nnex 2 62 Islam Kawadi Muslim Male 6 5 1667 2 25 1.50 Branch 63 Sainy Mahara Chamar Male 5 6 2000 1 50 2.48 Branch

64 Muneswore Dhami Dalit Male 10 2 667 1 45 6.72 Branch 65 Magani Tharu Tharu Male 5 16 5334 2 48 0.90 Branch 66 Bilas Yadav Yadav Male 4 8 2667 2 71 2.66 Branch 67 Jugal Mahara Chamar Male 10 20 6667 1 14 0.22 Branch 68 Geneshi Sah Teli Male 12 16 5334 6 39 0.73 Branch 69 Mahindra Roy Yadav Male 5 3 1000 1 64 6.45 Branch 70 Nathuni Yadav Yadav Female 6 16 5334 2 281 5.27 Branch 71 Ganga Roy Yadav Male 9 25 8334 3 108 1.30 Branch 72 Ramkaran Roy Yadav Male 4 6 2000 2 49 2.43 Branch 73 Ganga Ram Chamar Chamar Male 8 24 8000 4 21 0.26 Branch 74 Prayas Sah Teli Male 6 16 5334 2 41 0.76 Branch 75 Ram Jivan Singh Danuwar Male 5 30 10001 4 38 0.38 Branch 76 Ram Lochan Singh Danuwar Male 7 30 10001 2 102 1.02 Branch 77 Ram Ashish Singh Danuwar Male 8 40 13334 3 30 0.23 Branch 78 Sulajit Singh Danuwar Male 6 6 2000 1 22 1.09 Branch 17 79 Raiji Sah Teli Male 5 80 26668 4 113 0.42 Branch 80 Tapeswore Mandal Dhanuk Male 6 30 10001 3 66 0.66 Branch 81 Ramananda Mahato Koiri Male 6 30 10001 2 10 0.10 Branch 82 Ram Ashish Mandal Dhanuk Male 8 20 6667 2 55 0.83 Branch 83 Niranjan Yadav Yadav Male 2 10 3334 2 20 0.59 Branch 84 Jhagad Yadav Yadav Male 9 60 20001 10 352 1.76 Branch 85 Parsuram Yadav Yadav Male 17 50 16668 2 66 0.40 Branch 86 Ratan Yadav Yadav Male 6 80 26668 4 152 0.57 Branch 87 Raj Kumar Yadav Yadav Male 14 116 38669 5 125 0.32 Branch 88 Ram Prit Yadav Yadav Male 8 12 4000 2 76 1.91 Branch 89 Gandi Yadav Yadav Male 5 50 16668 9 506 3.04 Branch 90 Ram Aapil Dass Tatma Male 6 20 6667 2 35 0.53 Branch 91 Binda Mandal Dhanuk Male 4 30 10001 1 5 0.05 Branch 92 Naresh Yadav Yadav Male 5 10 3334 3 69 2.08 Branch 93 Laxman Thakur Thakur Male 4 50 16668 2 76 0.46 Branch 94 Ramdulari Saran Malaha Male 15 130 43336 5 104 0.24 Branch

95 Ramesh Yadav Yadav Male 4 40 13334 2 97 0.73 Branch A 96 Chandashor Yadav Yadav Male 5 40 13334 2 61 0.46 Branch nnex 2 97 Narendrar Yadav Yadav Male 7 20 6667 2 68 1.02 Branch 98 Parasuram Dass Tatma Male 8 120 40002 5 62 0.15 Branch

99 Basudev Sah Teli Male 12 50 16668 3 155 0.93 Branch 100 Gudari Yadav Yadav Male 10 16 5334 2 50 0.93 Branch 101 Ram Jatan Yadav Yadav Male 8 70 23335 4 146 0.62 Branch 102 Rameswore Dass Tatma Male 15 86 28668 6 248 0.87 Branch 103 Gauri Sah Teli Female 7 47 15667 2 39 0.25 Branch 104 Lalbabu Yadav Yadav Male 8 180 60003 7 184 0.31 Branch 105 Kodaii Yadav Yadav Male 10 40 13334 1 13 0.10 Branch 106 Arun Yadav Yadav Male 3 50 16668 2 247 1.48 Branch 107 Shivsaran Yadav Yadav Male 5 80 26668 3 36 0.13 Branch 108 Rambhajan Dass Tatma Male 6 16 5334 2 194 3.64 Branch 109 Ramchandra Yadav Yadav Male 8 30 10001 6 73 0.73 Branch 110 Ramu Yadav Yadav Male 9 25 8334 7 208 2.50 Branch 111 Madan Sah Teli Male 13 20 6667 2 77 1.16 Branch 112 Rambabu Yadav Yadav Male 16 160 53336 4 271 0.51 Branch 113 Rajbir Yadav Yadav Male 9 22 7334 12 367 5.01 Branch 18 114 Bikau Mandal Dhanuk Male 7 40 13334 2 21 0.16 Branch 115 Acchhe Lal Mahato Koiri Male 16 50 16668 1 12 0.07 Branch 116 Jauya Kumar Yadav Yadav Male 15 140 46669 5 16 0.03 Branch 117 Ramananda Mahato Koiri Male 5 35 11667 3 18 0.16 Branch 118 Deepa Mandal Dhanuk Female 5 5 1667 2 14 0.86 Branch 119 Hem Narayan Sah Teli Male 8 60 20001 4 80 0.40 Branch 120 Lattu Sah Teli Male 4 20 6667 1 15 0.23 Branch 121 Nawal Kishore Sah Teli Male 5 60 20001 2 52 0.26 Branch 122 Ramsebak Yadav Yadav Male 8 106 35335 8 403 1.14 Branch 123 Ram Akabbal Singh Danuwar Male 6 160 53336 10 353 0.66 Branch 124 Abadual Kawadi Muslim Male 12 80 26668 3 54 0.20 Branch 125 Shyam Sunder Yadav Yadav Male 5 40 13334 2 67 0.50 Branch 126 Lattu Yadav Yadav Male 3 10 3334 4 141 4.22 Branch 127 Mahabir Yadav Yadav Male 8 40 13334 3 8 0.06 Branch 128 Mahabir Saran Yadav Yadav Male 4 100 33335 6 61 0.18 Branch 129 Surendar Singh Danuwar Male 4 12 4000 3 52 1.29 Branch

130 Abadha Bihari Yadav Yadav Male 4 100 33335 6 53 0.16 Branch A 131 Radha Saran Baisanab Giri Male 11 17 5667 1 78 1.37 Branch nnex 2 132 Kishori Yadav Yadav Male 6 40 13334 6 48 0.36 Branch 133 Sitesh Singh Danuwar Male 9 50 16668 2 107 0.64 Branch

134 Surendra Yadav Yadav Male 6 60 20001 3 30 0.15 Branch 135 Laxmi Dass Tatma Male 3 12 4000 2 42 1.04 Branch 136 SatyaNarayan Sah Teli Male 7 80 26668 4 53 0.20 Branch 137 Biro Yadav Yadav Male 7 30 10001 4 51 0.51 Branch 138 Siddeswore Dass Tatma Male 9 60 20001 3 82 0.41 Branch 139 Badari Dass Tatma Male 6 15 5000 2 60 1.19 Branch 140 Sitaie Sah Teli Female 5 17 5667 1 15 0.26 Branch 141 Paltan Thakur Thakur Male 8 80 26668 4 41 0.15 Branch 142 Ramautar Sah Teli Male 5 60 20001 7 208 1.04 Branch 143 Ram Babu Yadav Yadav Male 8 30 10001 4 38 0.38 Branch 144 Karichan Yadav Yadav Male 13 80 26668 5 53 0.20 Branch 145 Chhotakan Kawadi Muslim Male 15 100 33335 6 45 0.13 Branch Total 1061 5379 1793090 447 9742 0.69 12371 19 A nnex 2

20 Annex 3

Socio-economic Survey of Sampled Households

At the time of Technical Detail design, a census of the PAPs at Geruka Harinmari Irrigation Sub- project was carried out in the third week of September 2003 in order to find out the name, caste and ethnicity of the household heads, total land size, number of plots, type of cultivation, family size, and land to be acquired for the proposed canal. The information is presented in Annex 2.

A. Survey and Information of the Project Affected Households

1. At Geruka Harinmari Sub-project, the total number of the project affected households is 145. Among them, 140 households are headed by male and 5 by females. The total number of family members is 1,061. Therefore, the average number of persons per household is 7.3.

2. The total land of the project affected households is 5,379 Katha (1,793,090 m2), so, the average land per household is 37.1 Katha or 12,366 m2 spread in an average of 3.1 plots. The total land to be occupied by the proposed canal is 35,583 m2 (or 106.74 Kathas or 3.56 hectare). Out of them, the existing canal is occupying 23,212 m2, so, the additional land needed for re-construction and extension of the existing canals is 12,371 m2 which is 0.69 percent of the total land belonged to all PAPs (Refer Annex 2). Thus, the average additional land per PAP household needed for the proposed project improvement and canal extension is 85.32 m2. By the ethnicity of the Project Affected Persons (PAPs), there are 53 Yadav families followed by 34 Teli, 19 Danuwar, 8 Tatma, 6 Tharu, 5 each Chamar and Dhanuk, 4 Muslim, 3 Koiri, 2 each Thakur and Musahar and one each Brahmin, Giri, Malaha, and Dalit families.

B. Socio-economic Survey Findings of the Sample Households

3. After completion of the PAP census, a sample survey of the PAPs was carried out by the help of a structured questionnaire. Out of 145 total households, the sample survey was done with a total of 34 project affected households. The sampling was done in a systematic random sample by taking every 4 alternate house. So, the socio-economic survey covered 23.5 percent of the total households. a. Population Characteristics

4. By the nationality of the 34 sampled households, all are found to be Nepalese. By caste and ethnicity, there were 44.1 percent (15 households) belonging to Yadav followed by 23.5 percent (8 households) of Teli, 14.7 percent (5 households) of Danuwar, 8.8 percent (3 households) Tharu and so on as presented in Table 1 below:

Table 1: Caste of the Sampled Household Caste No. of Sample Percent Yadav 15 44.1 Teli 8 23.5 Danuwar 5 14.7 Tharu 3 8.8 Tatma 1 2.9 Dhanuk 1 2.9 Musahar 1 2.9 Total 34 100.0

5. Out of 34 sampled households, 32 houses are headed by male and only two houses by female. Therefore, the status female in property ownership is quite low. By religion and language of the sampled household, the result shows that all of them are Hindus and they

21 Annex 3 speak their own local ‘Maithali’ as well as Nepali languages. The type of the family in the sampled household shows that 58.8 percent have own family while 41.2 percent have joint family system. There was no sample household with single person.

6. The total population of the sampled households is 237. Out of them 112 (47.3 percent) are male and 125 (52.7 Percent) are female. The average size of family per household is 7.0 persons. The population by the age-group is presented in Table 2. The table shows that there are more than 22 percent of the people above 55 years of age. In the younger age-group there are male females than male counterparts. The marital status shows that there are 172 persons married while 57 persons are unmarried and 8 persons are widow/widower.

Table 2: Family Members of the Sampled Household by Age-groups Age-group (In years) Male Female Total Percent 1 – 5 8 7 15 6.3 6 – 14 16 17 33 13.9 15 – 24 14 18 32 13.5 25 – 34 13 17 30 12.7 35 – 44 16 18 34 14.4 45 – 54 19 20 39 16.5 55 – 64 15 15 30 12.7 Over 64 11 13 24 10.1 Total 112 125 237 100.0

7. In the educational status of the persons above 5 years of age shows that there are 10 male and 37 females are illiterate and 23 male and 31 females are literate i.e. they can read and write but no formal education. Others have certain level of education as shown in Table 3. The table shows that 71 male and 48 females have certain level of formal education. Out of them, 28 male and 10 females have passed SLC and above. Thus, the status of women in education seems to be poor as compared to men.

Table 3: Level of Education of the Sampled Household Level of Education Male Female Total Percent Literate only 23 31 54 31.2 Class 1 to 5 16 26 42 24.3 Class 6 to 10 27 12 39 22.5 SLC Pass 13 6 19 11.0 Intermediate 7 3 10 5.8 Bachelor Degree 6 1 7 4.1 Master Degree 2 0 2 1.2 Total 94 79 173 100.0

8. By excluding the children below the age of 5 from the major occupational analysis, the sample household shows that 25 persons (12 boys and 13 girls) are students and 9 females are engaged in household works. Among others, the population with major occupational category shows that 23 persons (10 male and 13 females) are in engaged in the agriculture sector followed by 7 (4 male and 3 females) in trade, 4 (3 male and 1 female) in service, and one male pensioners as presented in Table 4. In the sampled households, the female employment in the modern sector is comparatively less and about 22 percent of the females are engaged in household activities.

22 Annex 3 Table 4: Major Occupation of the Sampled Household Major Occupation Male Female Total Percent Agriculture 46 59 105 47.3 Trade 11 5 16 7.2 Service 6 2 8 3.6 Industry 3 0 3 1.4 Laborer 8 0 8 3.6 Student 27 22 49 22.1 Household work 2 30 32 14.4 Pensioners 1 0 1 0.5 Total 104 118 222 100.0 b. Land Ownership and Acquisition Ratio

9. Out of 34 sampled household, 38.2 percent (13 households) have land size of less than 1.0 hectare while 32.4 percent (11 households) have 1.0 to 2.0 hectares, 17.6 percent (6 households) have 2.0 – 3.0 hectares and 11.8 percent (4 households) more than 3.0 hectares of land as shown by Table 5. So, the majority of farmers are medium and small sized farmers. The average number of plots per household is 3.1.

Table 5: Size of Land Ownership SN Land ownership size No. of household Percent of total 1 Less than 1.0 ha. (30.0 Kathas) 13 38.2 2 1.0 – < 2.0 ha. (30.0 – 60.0 Kathas) 11 32.4 3 2.0 - < 3.0 ha. (60.0 – 90.0 Kathas) 6 17.6 4 More than 3.0 ha. (90.0 Kathas) 4 11.8 Total 34 100.0

10. The total land to be occupied by the proposed canal is 7,933 m2 from the sampled 34 households. The existing canal is occupying 5,280 m2 from them, so, the additional land needed is 2,653 Sq. m. only for the expansion of the canal. Therefore, the additional land to be given for the canal per households is 78.03 m2. Since the sample households have a total land of 404,673 m2, the land to be occupied by the canal comes out to be 0.87 percent only. Besides this, along the canal expansion lines there are no permanent structures, temples or monuments on either side of each core sub-projects. Thus, it can be anticipated that there will no problem of resettlement cases in this core project. c. Farming Practices and Income

11. All farmers are cultivating their by own farm, so, there is no tenants. Majority of the sampled farmers are cultivating crops like: paddy, wheat, oilseed, potatoes, vegetables, etc. Despite these, most of the farms are cropped for 9 months in an average. Out of the 34 sampled household, the average income per annum from one m2 of land revealed is Rs. 4.02 (or one Kathas is Rs. 1,340.00 or Rs. 40,200.00 per hectare). Since the loss of land for the proposed project per household is 85.32 m2, the loss of income per the sampled household per annum comes out to be Rs. 342.99. This loss in income will be off-set by reduction in the labour and/or cash contribution to be given to the Water Users’ Association at the ratio of land loss. In addition, this loss in income will be off-set by reduction in water fee charges to be paid to WUA every year at the ration of land loss. Above all, the respondents also indicated that the availability of irrigation water many increase their farm income to about Rs. 5.62 per m2 (Rs. 1,873.43 per Katha) per annum due to increase in crop productivities as well as cropping intensities. Thus, the loss in income will be off-set by the net increase in income.

23 Annex 3 12. At present, the PAPs’ had given land for use by the canal voluntarily from a long time back and that portion of the land has not been transferred to the WUA. For the additional land also, they are ready to give land for use by the canal and that portion of land too will not be transferred to WUA. Therefore, the PAPs have to pay the Land Tax for that portion of land also at the rate fixed by the District which is according to the class of land as: A for ‘Abal’ for irrigated flat land; B as ‘Doyam’ for un-irrigated flat land; C as ‘Seem’ for sloppy land; and D as ‘Chahar’ for unfertile land. So, the Land Tax rate per Katha of land is different as per the class and land size and the current rate for the Terai is as follows:

Land Tax Rate for the Terai Districts (Rs. Per Katha) Size/Class of land A B C D Rate in Rupees for land size up to 1.0 ha. (i.e. less than 30 Kathas of land) 10.20 9.00 7.20 5.40 Rate in Rupees for land size up to 2.0 ha. (i.e. less than 60 Kathas of land) 12.75 10.20 7.50 6.00 Rate in Rupees for land size more than 2.0 ha. (i.e. more than 60 Kathas of land) 105.00 93.00 75.00 45.00 Source: Nepal Gazettee, HMG (2056-9-19 B.S.).

13. At Geruka Harinmari, all of the land will be irrigated due to the Sub-project, so, the class of all land is ‘A’ and the rate differs as per the land size. Among the 34 sampled households, 13 PAPs have land below 30 Kathas while 11 have 30- 60 Kathas and 10 have more than 60 Kathas of land. Since the average land loss per the sampled household is 85.32 m2, the weighted average of the Land Tax to be paid per the sampled household comes out to be Rs. 9.96 only. So, the tax burden for the land loss is nominal and that can be off-set by the increase in the land productivities as well as cropping patterns and intensities.

14. The average sale price of their farm land along the canal ranges from Rs. 15,000.00 to 25,000.00 per Katha (that is, Rs. 450,000.00 to 750,000.00 per hectare). There is no building or structures along the main and branch canals.

15. About the sufficiency of farm income to meet the household expenses, 20 households indicated sufficiency while 11 households indicated sufficiency for 9 months and four households for 5 months only. For the insufficient months, the concerned households are meeting their expenses from trade and/or service and/or laboring (wage-income), vegetable sale, and so on. d. Current Irrigation System

16. The current irrigation system is in operation but there is need of regular maintenance due to frequent damages along the canals. After the proposed canal project, the sampled farmers indicated that there will be permanent irrigation system in their farm, so, there will be regular flow of water with less maintenance needed. The respondents indicated that the benefits from the proposed irrigation system will go more to the middle-sized as well as small farmers since most of the land along the canals are owned and cultivated by them. However, the respondents indicated that availability of irrigation water is expected to increase their land productivities and cropping intensities may help increase their income to a great extent. e. Compensation Options

17. About the mode of compensation for the portion of land loss in the proposed canal, opinions collected from the PAPs and the sample survey, found that all sampled households are ready for voluntary contribution of their land as before and opted for compensation through lowering labor contribution and reduction in the water fee charges in the ratio of loss. Besides

24 Annex 3 this, the respondents also viewed that the loss in income from land to be contributed for the canal will be off-set by the increase in income due to increase in land productivity as well as cropping intensities. In addition, the farmers preferred work for wages during the construction of the proposed canals.

25 Appendix 1

26 Appendix 1

27 Appendix 1

28 Appendix 1

29 Appendix 2

30 Appendix 2

31 Appendix 2

32 Appendix 2

33 Appendix 2

34 Appendix 2

35 Appendix 2

36 Appendix 2

37 Appendix 2

Appendix 2 38 Appendix 2