Resettlement Plan

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

BAN: Natural Gas Access Improvement Project

Southwest Area Integrated Water Resources Planning and Management

Prepared by Bangladesh Gas Fields Company Limited (BGFCL) for the People’s Republic of Bangladesh and the Asian Development Bank.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

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

BANGLADESH GAS FIELDS COMPANY LIMITED (A Company of Petrobangla ) Birashar, Brahmanbaria-3400.

Resettlement Plan (RP) Gas Seepage Control and Appraisal & Development of Titas Gas Field

PREPARED BY ENVIRO CONSULTANTS LTD 35/A, 2 nd Floor, Monipuripara, Tejgaon Dhaka-1215, Bangladesh. Tel: 880-2-8141439, Fax: 880-2-8141439 Cell: 01713117822, 01715327465 E-mail: [email protected] Web: www.enviroconsultant.org

September 2013

Abbreviation

ADB Asian Development Bank AH Affected Household APs Affected Persons BGFCL Bangladesh Gas Fields Company Ltd CCL Cash Compensation under Law DC Deputy Commissioner EA Executing Agency EPs Effected People FHHs Female Headed Households GRC Grievance Redress Committee GOB Government of Bangladesh HHs Affected households IOL Inventory of Loss IR Involuntary resettlement LA Land Acquisition LAP Land Acquisition Proposal LAO Land Acquisition Officer M&E Monitoring and Evaluation MOL Ministry of lands MOPEMR Ministry of Power, Energy and Mineral Resources PCC Public Consultative Committee PD Project Director PIC Project Implementation Committee PIU Project Implementation Unit PVAT Property Valuation Advisory Team RAC Resettlement Advisory Committee RAP Resettlement Action Plan RP Resettlement Plan R&R Resettlement & Rehabilitation RV Replacement Value SES Socio-economic Survey UP Union Parishad RU Resettlement Unit

Table of Contents

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

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

1.1 Project Background ...... 6 1.2 Project Description ...... 6 1.3 Project Location ...... 6 1.4 Measures to Minimize Impact ...... 8 1.5 Objectives of the Resettlement Plan (RP) ...... 8 2.0 SOCIO ECONOMIC INFORMATION OF THE PROJECT AREA ...... 10 2.1 Project Scope and Location ...... 10 2.2 Socio-Economic Scenario ...... 10 2.2.1 Socio-Economic Survey (SES) ...... 10 2.2.2 Economic and Social Conditions of Affected People ...... 10 3.0 FINDINGS OF RESETTLEMENT CENSUS SURVEY ...... 16 3.1 Resettlement Census Survey ...... 16 3.2 Findings of Resettlement Census Survey ...... 16 3.2.1 Type of Project Impacts ...... 16 3.2.2 Impact on Agricultural Land ...... 17 3.2.3 Ownership Pattern ...... 17 3.3 Impact on Income and Livelihood ...... 17 3.4 Project Impact on Poor, Indigenous People, Ethnic Minorities and Other Vulnerable Groups Including Women ...... 18 3.4.1 Socially Vulnerable Groups ...... 18 3.4.2 Gender Impacts of the Project ...... 18 4.0 RESETTLEMENT POLICY FRAMEWORK & ENTITLEMENT MATRIX.19 4.1 Review of Relevant Legislation...... 19 4.1.1 Acquisition and Requisition of Immovable Property Ordinance II, 1982 ...... 19 4.1.2 Land Acquisition/Requisition Procedures ...... 20 4.1.3 Objection Against Requisition ...... 22 4.1.4 Compensation for Requisitioned Property ...... 22 4.1.5 Matters to be considered in Determining Compensation ...... 23 4.1.6 Problems of Valuation and Compensation ...... 23

iii

4.1.7 Time Frame ...... 24 4.2 LA Act and GOB Draft National Policy ...... 24 4.3 ADB Policy on Involuntary Resettlement ...... 26 4.3.1 Compatibility of GOB Provision and Asian Development Bank (ADB) Policy ...... 27 4.3.2 Comparison of ADB Policy on Involuntary Resettlement and National Policies ...... 28 4.4 Eligibility Policy and Entitlement Matrix ...... 29 4.4.1 Eligibility Criteria ...... 29 4.4.2 Compensation and Entitlement Policy ...... 29 4.5 Valuation of Affected Properties ...... 31 4.6 Disposal of Acquired Properties ...... 31 5.0 CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 32 5.1 Consultation Process ...... 32 5.2 Consultation Scope and Issues ...... 32 5.3 Identification of Key Stakeholders ...... 33 5.4 Feedback from Community Consultation ...... 33 5.5 Disclosure of the RP ...... 35 5.6 Plans for Further Consultation and Community Participation ...... 35 6.0 INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION SCHEDULE 37 6.1 Introduction ...... 37 6.2 BGFCL ...... 37 6.3 Other Agencies Involved in the Process ...... 38 6.3.1 Deputy Commissioners (DCs) ...... 38 6.4 Grievance Redress Mechanism...... 38 7.0 RESETTLEMENT COST ESTIMATE AND BUDGET ...... 42 7.1 Cost Estimates ...... 42 7.1.1 Land Cost ...... 42 7.1.2 Compensation for Tenant Farmers ...... 43 7.1.3 Training for income generating activities ...... 43 7.1.4 Training for income restoration of wage labour ...... 43 7.1.5 Assistance to Vulnerable Group ...... 44 7.1.6 Compensation for Loss of Agricultural Income from Trees and Crops ...... 44 7.2 Budget ...... 44

8.0 IMPLEMENTATION SCHEDULE ...... 46 8.1 RP Implementation Schedule ...... 46 8.2 Implementation Schedule ...... 46 8.3. Pre-requisites of a Successful Implementation of RP ...... 48 8.4. Temporal Parameters of the RP ...... 48 8.4.1 Date of Start of Implementation ...... 48 8.4.2 Date of Vacating the Work Site ...... 48 8.4.3 Date of Completion of the Acquisition and compensation Process ...... 48 9.0 IMPLEMENTATION SCHEDULE ...... 49 9.1 Need for Monitoring ...... 49 9.2 Monitoring at EA Level ...... 50 9.3 Reporting Requirements ...... 50 9.3.1 Plan for Internal Monitoring ...... 50 9.3.2 Plan for External Monitoring ...... 51 9.4 Time Frame and Reporting Requirements ...... 52

Map 1 Brahmanbaria District Map Showing Project Location

List of Table

Table 1 Project Scope & Location Table 2 Distribution of land ownership of the Affected Persons Table 3 Owner, Tenant, Labor Holdings and others Household Table 4 Occupation of head of households Table 5 Literacy Rate Table 6 Land ownership characteristics of Female headed households Table 7 Distribution of Households income Table 8 Sanitation System of the Project Area Table 9 Arsenic contamination of ground water Table 10 Households with Physically Retarded/ Crippled Persons Table 11 Residential status of the AP households Table 12 People Response the Disease Table 13 Types of losses experienced by the Affected Households (HHs) Table 14 Affected for Share Cropper Table 15 Affected for Wage Labour Table 16 Vulnerability Status of Affected Households Table 17 Comparison of ADB Resettlement Policy with National Policies Table 18 Compensation and Entitlements Table 19 Summary of the Public Consultations

Table 20 Value of land of Chhatian, Malihata, Jangilsar, Suhilpur and Sarail Mouza According to Market Rate, Brahmanbaria based on Rate of LA Department Table 21 Compensation of tenant Farmer Table 22 Training for Share Cropper Table 23 Training for Wage labour Table 24 Financial Assistance to Vulnerable Group Table25 Summary Resettlement Budget Table 26 Monthly Progress Report Format for Resettlement Monitoring Table 27 Monthly Progress Report Format for Resettlement Monitoring

List of Photo

Photo 1Socio-economic Survey with stakeholder at Malihata village Photo 2Socio-economic Survey with stakeholder at Malihata Photo 3 Consultation with stakeholder at Budhol Union Parishad Photo 4Consultation with stakeholder at Budhol Union Parishad

List of Figure

Figure 1 Location of the Sarail Project Area Well No 23 and 24 Figure 2 Organogram of Bangladesh Gas Fields Company Ltd. (BGFCL) Figure 3 Organogram of the Office of the Deputy Commissioner (DC)

ANNEX

Annex-I Survey Questionnaire Annex-II Mouza Map of Titas well no 23 and 24 Annex-III Mouza Map of Titas well no 25 and 26 Annex-IV List of Lan d Owner Annex-V List of Participant in the Consultation Meeting

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

Executive Summary

Background of the Project Bangladesh Gas Fields Company Limited (BGFCL) is a company of Bangladesh Oil, Gas & Mineral Corporation (Petrobangla). The Company is the largest gas producer in the country in national sector. To increase gas production BGFCL has planned to carry out drilling of 4 new wells (well nos. 23-26) and installation of 2 nos. process plants with associated facilities in two different locations at Titas gas field under financial assistance of ADB. One of them (well # 25 & 26 and one process plant) located at mauza Chhatian, Jangilsar, Malihata & Suhilpur under Sadar upazila and other (well # 23 & 24 and one process plant) is located at mauza Sarail, upazila Sarail both are under district Brahmanbaria. For implementation of the project 15 acres of land need to be acquired, which are mainly agricultural land. A resettlement plan (RP) is required to submit to ADB for this project. Major works planned under the scope of the project are (i) Drilling of 4(four) appraisal cum-development wells (Titas #23, 24, 25, & 26) and (ii) Installation of two nos. process plants at Titas Gas Field under Sadar Upazila & Sarail Upazila, Brahmanbaria.

Land Acquisition Impact

For implementation of the project works will require 15 acres of land which cost around Tk. 196.5million and all the land is agricultural and 66 household will affected through land loss, income from sharecrops loss under the project intervention.

Measure to Minimized the Impact

Efforts have been made by BGFCL in order to minimize the impacts and disruption of livelihood. BGFCL has taken maximum possible extent and adequate measure to reduce the adverse impact and which has been incorporated in the planning design of the project to mitigate the unavoidable adverse impacts.

Objectives of the Resettlement Plan (RP)

The overall objectives of these work/services are to conduct detailed Resettlement Plan (RP) and to obtain clearance from ADB. Resettlement Plan to be carried out as per ADB’s Environmental policy (2009) and law/policy of Govt. of Peoples Republic of Bangladesh for implementation of the project.

Stakeholder Participation and Disclosure Plan

This draft ResettlementPlan (RP) will be disclosed to the affected persons and submitted to ADB for review and approval. Compensation and other assistances will have to be paid to APs prior to displacement or dispossession of assets or 6 months prior to commencement of construction activities whichever comes first. The RP will be summarized in an information booklet in Bangla and disclose to APs.

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

Matters to be Considered in Determining Compensation In determining the amount of compensation, the Deputy Commissioner will take into consideration the following factors: • Cost of standing crops or trees on the land/property at the time of taking its possession by the Deputy Commissioner. • Dislocation from his other properties, if any. • Injuries/adverse effect on his other properties or his income. • Reasonable income of the property in between the service of notice and possession of the property taken by the Deputy Commissioner.

Compensation and Entitlement An Entitlement Matrix has been prepared on the basis of census and socio-economic survey conducted in July 2013. It identifies the categories of impact based on the census and shows the entitlements for each type of loss. The matrix describes the units of entitlements for compensating the lost assets and various resettlement benefits. Cash Compensation under Law (CCL) for lost assets (land) will be accorded to the owners through the DC as per market value assessed through legal procedure. The resettlement benefit for indirect losses and difference between replacement value and the CCL will be paid by BGFCL directly to the APs. Table Compensation and Entitlements

Type of loss Entitled Persons(s) Entitlements 1. Loss of agricultural Legal owner(s) of Value of land at current market price of the land land as determined by equivalent replacement land. The DC office the DC, determines the compensation amount based and or determined by on yearly average of recorded sale value the court plus 50% additional cash compensation.

Refund of registration cost incurred for replacement land purchase at the replacement value.

Any difference between the awarded value and the replacement value at the cut-off- date (on the date of issuance of notice under section 3 of Acquisition Act, 1982) will be paid to APs as a cash grant. APs will be provided with all possible assistance to identify and purchase replacement land.

APs severely affected by loss of agricultural land (i.e., losing more than 20% of total land holding) will receive a cash grant of Tk.5000/- per family or Tk. 2000 per decimal of concerned land, whichever is

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

lower. Suitable candidates will also be provided with free training on income employment. 2. Lose of access by Farmers leasing in or No compensation f or land. tenants/sharecroppers share cropping the One –time cash grant of Tk.5000/- per to agricultural land land that is defined to family or Tk. 2000/-per decimal of for crops production. be acquired for the concerned land, whichever is lower. project at the time of Suitable candidates will also be provided the socio-economic free training on income generating activities survey. and a subsistence allowance during the training period. If necessary, access to credit facilities to start self-employment will be provided. 3. Loss of wages Persons engaged in One-time cash grant of Tk. 5000/-and income. wage labor in Wage employment with contractors and / or agriculture or non- training in income generating activities. If agriculture sectors in necessary, access to credit facilities will be the affected areas provided to start self-employment activities. whose means of A subsistence allowance will be provided livelihood have been during the training period. affected. 4. Loss of standing Compensation for one Advance notice to harvest crops. crops year’s crop value to Cash compensation equivalent to the market crop owner value of one year’s income from the crops. 5. Vulnerable groups Members of One-time cash grant of Tk.10000/- per vulnerable groups family such as the landless, very poor, female- Provision of a land purchase grant for headed households or landless households. households of the elderly, physically impaired or disabled 6. Unforeseen impact Concerned impacts Determined as per policy on unique Findings at detailed design stage Cut-off Date An entitlement matrix for different categories of people affected by the project has been prepared. People moving in the project area after the cut-off date will not be entitled to any assistance. After issuance of notice under section 3 by the DC and census cut-off date for non- titleholders or a similar designated date declared by BGFCL, joint verification of the acquired properties will be carried-out by the requiring and acquiring bodied. All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by the cut-off date. The cut-off date for compensation under law (Ordinance II of 1982 with amendments) is considered for those identified on the project

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

right of way land proposed for acquisition at the time of service of notice under Section 3 or joint verification by DC whichever is earlier. The cut-off date of eligibility for resettlement assistance under this RP is the commencement date of the census which is the 2 nd July 2013. The absence of legal title will not bar for APs from compensation and assistance. Grievance Redress Monitoring Mechanism Grievance Redress Committees (GRC) will be established for the subproject with representation from the Executing Agency (EA), APs (including vulnerable groups), Local Government Engineering Department (LGED) and private consultant. Other than disputes relating to ownership rights under the court of law, the GRC will review grievances involving all resettlement benefits, relocation, and other assistance forwarded by the Resettlement Unit (RU) or APs. Grievances will be redressed within 2-4 weeks from the date of lodging the complaints. The grievance redress activities will be monitored by the GRC to be formed similar to PCC. In effect, the GRC will work closely with the Affected Persons (APs) or group to identify the grievances and redress the same in consultation with other members of the committee as well as the APs. In this project land acquisition, crop damage, income losses etc. will be compensated paid to the APs. Grievances will be settled with their full representation in GRCs constitutes by BGFCL, local elected representative and AP representative. Grievance will be redress within a month from the date of lodging of complaint.

Budget Based on the above a budget provision has been made to cover all land acquisition, compensation, and rehabilitation costs for the project. The budget provision was made in the project Proforma in the amount of Tk. 196 million. In estimating land acquisition cost, last one year’s average sale rates of different types of land in the project jurisdiction were collected from the concerned sub-registry offices. These rates are sale value plus 50% as per GoB policy of involuntary resettlement (compulsory nature of acquisition).

Summary Resettlement Budget

Cost in Taka Loss of income of share croppers 60,000 Training cost of share croppers 168,000 Training for income restoration of wage labour 168,000 Compensation for Vulnerable 140,000 Crop Compensation for one year 60,000 Fees for External Monitoring 200,000 Tenant farmer 60,000 Land Acquisition (LA) Cost with Premium 189,009,450 Miscellaneous expenses for land acquisition @ 3% 5,670,284 195,5,35,734

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

Monitoring and Evaluation

The internal monitoring will be carried out by the project office in order to oversee the performance of the resettlement plan implementation. This is often based upon a card system kept in the monitoring office recording the entitlements due to and received by each affected household. The card system can be manual or computerized.

The EA will established an external M&E to ensure complete and objective information. Post-evaluation of resettlement committee is an integral part of the project cycle.

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

1.0 INTRODUCTION

1.1 Project Background Bangladesh Gas Fields Company Limited (BGFCL) is a company of Bangladesh Oil, Gas & Mineral Corporation (Petrobangla). The Company is the largest gas producer in the country in national sector. To increase gas production BGFCL has planned to carry out drilling of 4 new wells (well nos. 23-26) and installation of 2 nos. process plants with associated facilities in two different locations at Titas gas field under financial assistance of ADB. One of them (well # 25 & 26 and one process plant) located at mauza Chhatian, Jangilsar, Malihata & Suhilpur under Sadar upazila and other (well # 23 & 24 and one process plant) is located at mauza Sarail, upazila Sarail both are under district Brahmanbaria. For implementation of the project 15 acres of land need to be acquired, which are mainly agricultural land. A resettlement plan (RP) is required to submit to ADB for this project. Major works planned under the scope of the project are (i) Drilling of 4(four) appraisal cum- development wells (Titas #23, 24, 25, & 26) and (ii) Installation of two nos. process plants at Titas Gas Field under Sadar Upazila & Sarail Upazila, Brahmanbaria. 1.2 Project Description Implementation of the project comprises the following major components: (i) Drilling of 4 (four) appraisal cum-development wells (Titas # 23, 24,25 & 26) and (ii) Installation of two nos. process plants at Titas Gas field under Sadar Upazila & Sarail upazilla, Brahmanbaria. 1.3 Project Location Bangladesh Gas Fields Company Limited (BGFCL) has planned to carry out drilling of 4 new wells (well nos. 23-26) and installation of 2 nos. process plants with associated facilities in two different locations at Titas gas field under financial assistance of ADB. One of them (well # 25 & 26 and one process plant) located at mouza Chhatian, Jangilsar, Malihata & Suhilpur under Sadar upazila and other (well # 23 & 24 and one process plant) is located at mouza Sarail upazila Sarail both are under district Brahmanbaria. For implement this project 15 acres of land will be acquired, which are mainly agricultural land BGFCL need to submit Resettlement Plan (RP) to ADB for this project. Mouza maps shown in Annex II and III. All the four wells will produce total 120 MMSCFD natural gas and each well of the 4 wells (Well no 23-26) will produce 30 MMSCFDwhich will facilitate a total flow of additional natural gas supply to the national grid. Gas from the wells will be used for producing mainly electricity which in turn will drive industries contributing to national GDP. Implementation of the project will develop socio-economic environment of the area including poverty alleviation by creation opportunities through industrial development. Besides, many unskilled local people can be employed temporarily during project implementation period. This will lead to the enhancement of skill of the personnel engaged in physical execution of the project which in turn would help execution of similar projects in future. Since there are no structure in the propose location of the project hence, implementation of project physical works will not cause adverse involuntary resettlement impacts entailing acquisition of land, other assets and displacement. The census survey undertaken brought forth that the proposed project requires acquisition of about 15 acres of land –the all of which comprises of agricultural land and no homestead and commercial assets. A total of 66 households constituting of 322 persons would be affected as a result of the project.

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

Project area

Map 1 Brahmanbaria District Map Showing Project Location

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

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

1.4 Measures to Minimize Impact

Land is a vital component of the project for drilling of wells and installation of process plants. For the purpose of minimizing the impact on affected people (APs), BGFCL has put special attention in planning process to ensure minimum displacement or resettlement of people during the development of gas well drilling site and installation of process plants. BGFCL considered various options to decide on the most economical and effective alternative to stay within minimum disturbance and avoid homestead resettlement. The organization shared its knowledge and experience with local communities for minimizing impact. Following measures have been adopted in order to minimize the ensuing Project impact.

° Avoid archaelogical, religious structures and educational institution in determining the access road for the project. ° As far as practicable, the alignment has avoided houses (permanent or temporary). In particular, special care was taken to avoid any human settlement clusters. ° At all road crossing, prescribed clearance requirements will be strictly adhered to. ° The proposed alignments will be submitted to the Road & highway Department and Brahmanbaria Upazila Parishad.

1.5 Objectives of the Resettlement Plan (RP)

BGFCL will legally acquire the land by compensating owners for loss of land, and of other assets such as trees and loss of income, under the legislative framework for land acquisition in Bangladesh. The adverse social and resettlement impact will be mitigated in accordance with ADB safeguard policies. This Resettlement Plan (RP) has been formulated to assist the affected households (AHs) to restore their livelihoods and socio-economic conditions to their pre-project status. The RP addresses both land acquisition and resettlement issues within the legal framework of the Government of Bangladesh (GOB) and ADB`s policy on Involuntary Resettlement.

The objectives of this RP is to mitigate all unavoidable impacts caused due to drilling of wells, process plant, excess road and to provide guideline on people compensation and assistance as per the norms of ADB. The Plan has been prepared on the basis of survey finding of census survey on Involuntary Resettlement (2013). More particularly, the Plan aims to make sure that:

° Affected persons/squatter gets compensation for their loss. ° Rehabilitation are identified and relevant facilities and services are provided.

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

° Assistance is provided so that at least same level of wellbeing is achieved with the project without it.

This Resettlement Plan (RP) will be disclosed to the affected persons and submitted to ADB for review and approval. Compensation and other assistances will have to be paid to APs prior to displacement or dispossession of assets or 6 months prior to commencement of construction activities whichever comes first.

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

2.0 SOCIO ECONOMIC INFORMATION OF THE PROJECT AREA 2.1 Project Scope and Location

Major works planned under the scope of the project are (i) Drilling of 4 (four) appraisal cum- development wells (Titas # 23, 24,25 & 26) and (ii) Installation of two nos. process plants at Titas Gas field under Sadar Upazila & Sarail Upazilla, Brahmanbaria.Project Scope & Location Mouza, Upazilla, and District is shown in Table 1.

Table 1 Project Scope & Location

Project Components Mouza Upzila District Division Drilling of 4 New Wells Chhatian Sadar Brahmanbaria Chittagong and Installation of 2 nos. Malihata Sadar Brahmanbaria Chittagong process plant Jangilsar Sadar Brahmanbaria Chittagong Suhilpur Sadar Brahmanbaria Chittagong Sarail Sarail Brahmanbaria Chittagong Source: Field visit

2.2 Socio-Economic Scenario

2.2.1 Socio-Economic Survey (SES)

This section covers some selected but relevant socio-economic aspects of the project area relating to farm and non-farm households, tenancy, landless and agriculture labor holding and the tenure system. This section also highlights the agriculture pattern/ practices in the project affected area. The socio-economic scenario is derived from analysis of data collected from socio-economic survey (SES) carried out across the project area. he SES was conducted in the sample affected households using a household questionnaire. The activities of SES were carried out to:

° Obtain demographic and other data information about pre-project incomes, productive activities, and likely impacts of land acquisition on economy of the APs and the community, land ownership and tenural arrangements, land-use patterns, occupations, income and economic interdependency among the APs, and women’s economic activities and income, and ° Establish a baseline for subsequent monitoring and evaluation of the implementation of the RP and its impacts.

The findings obtained from SES are described in the following sections. The project area is mainly used for agricultural activities. Table 2 presents summary of the land holding type of the land owners or those who have interest in the land.

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

Table 2 Distribution of land ownership of the Affected Persons

Mouza Agricultural land Holding in percentage Virtually Merginal Small Medium(2.5- Large (5.5+ landless (%) (0.50-1.49 (1.5-2.45 5.49 Acre) Acre (0.05-0.49 Acre) Acre) Acre) Chhatian 25.00 33.34 25.00 8.33 8.33 Malihata 25.00 75.00 Jangilsar 27.27 36.36 9.09 27.28 Suhilpur 16.66 50.00 16.66 16.66 Sarail 30.76 38.48 15.38 7.69 7.69 Source: Field visit

The operation pattern of the households of the project area shown in Table 3. A little more than one third of the farmers cultivate their own land. The other owners excepting one or two operate the land themselves by engaging piecemeal labors on contract and no labor in engaged on wage terms.

Table 3 Owner, Tenant, Labor Holdings and others Household

Mouza Owner Holdings Others No. % No. % Chhatian 8 72.72 3 27.28 Malihata 7 63.63 4 36.37 Jangilsar 2 66.67 1 33.33 Suhilpur 8 66.67 4 33.33 Sarail 9 69.23 4 30.77

Tenant farmers are also going to be affected although the numbers are very small. The tenant farmers will receive compensation for their lost crops and will be provided with rehabilitation assistance to restore their income-earning capacity. There are three types of tenancy system in Bangladesh: ° 50% crop will be shared by the tenant if the tenant provides 50% of the total inputs in the land. ° 33% of the crops will be shared by the tenant if the land owner provides the inputs; and ° On a contract basis- the tenant provides a certain amount of money to the land owner for utilizing or cultivating the land and enjoys the total return. Tenancy is done sometimes on a seasonal basis.

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

2.2.2 Economic and Social Conditions of Affected People

2.2.2.1 Occupation

Occupation indicates sources of income from work as well as social status. Business and farming are the main occupation of the heads of households. Service has been appeared to be the most important occupation for the head of holds. The total situation is summarized in Table 4.

Table 4 Occupation of head of households Occupation Head of Households No of persons Percent Business 15 30 Construction Worker 1 2 Farmer 14 28 Foreign Labor 1 2 House wife 3 6 Labor 1 2 Service 7 14 Student 3 6 Unemployment 4 8 Thikader 1 2 Total 50 100

2.2.2.2 Literacy

The literacy rate of the head of households is 100 percenton total population excluding Children below 5years of age is 35%. The situtations of the two groups are shown in Table 5.

Table 5 Literacy Rate

Education level Head of Households No of persons Percent Primary 23 65.71 SSC 3 8.57 HSC 2 5.72 Degree 3 8.57 Masters 4 11.43 Total 35 100

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

2.2.2.3 Female Headed Households

During the survey it was found that the land ownership of the female households demonstrates that the women have significant land of their own and they will loss only a Medium fraction of their land. It appears that they are not in the vulnerable group. The female headed households in the acquisition area are shown in the Table 6 .

Table 6 Land ownership characteristics of Female headed households

Number of Total land ownership (dec) Land lost (dec) Percentage households 3 327 129 39.45

2.2.2.4 Household Income

There are five households which have low income at such a level that may be treated as vulnerable. They have no income source other than agriculture. Various level of income range is presented in Table 7 . Tk. 5000-10000/month income level people household about 40%.

Table 7 Distribution of Households income

Income range No. % Avg. Total Exp. ≤= 5,000 5 10 3800 19000 5,000 - 10,000 20 40 8350 167000 10,000 - 15,000 11 22 13909 153000 15,000 - 20,000 7 14 20000 140000 ≥= 20,000 7 14 30714 215000

2.2.2.5 Cropping Pattern

Most of the agricultural land of the project area are three cropping system. Their main crop is rice. In Sarail mouza some of the farmers cultivate jute and vegetables.

2.2.2.6 Sanitation System

The SES finding shows in Table 8 that all most the people are used hygienic latrine. 66 percent of the target population use sanitary system and 33 percent use ring slab system.

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

Table 8 Sanitation System of the Project Area

Sanitation No of persons Percent Sanitary 33 66 Ring Slab 16 32 Katcha 1 2 Total 50 100

2.2.2.7 Water Facilities for Household Use

100% of the population use tubewell water for drinking and cooking purpose. In Sarail Union are the most vulnerable for Arsenic contamination of ground water but Bodul and Suhilpur Union are not found Arsenic contamination and shown in Table 9. They use pond water for bathing and domestic uses. They have no facility of water supply system.

No 36 72 Not Tested 1 2 Yes 12 24 Not Known 1 2

2.2.2.8 Cooking Fuel

The women use straw, leaves of plant, wood, husk, and cow dung for their cooking. In Sarail few of households use supply gas but rest of the households use domestic fuel materials.

2.2.2.9 Households with Physically Retarded/ Crippled Persons

The proportion of physically or psychologically handicapped people is a significant around 18% of the project area. Table 10 shows the Households with Physically Retarded/ Crippled Persons in the project area.

Table 10 Households with Physically Retarded/ Crippled Persons

Households with physically No of persons Percent retarded/ crippled persons 9 18

2.2.2.10 Residential Characteristics

The survey finding shows that all of the land owners live in houses built on their homestead land. Their house type is given in the following Table 11 .

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

Table 11 Residential status of the AP households

Occupation Pacca Semi Pacca Tin Business 7 4 4 Construction Worker 1 Farmer 3 2 8 Foreign Labour 1 House wife 1 2 Labour 1 Service 5 2 Student 1 2 Unemployment 1 1 2 Thikader 1

2.2.2.11 Health Condition

Surrounding of the Project area Common cold and Influenza are the main diseases the APs suffer from. In Sarail Union almost all of the people first contacts with hospital, in other case most of the people are first contact with village doctors. Table 12 shows the People Response the Disease.

Table 12 People Response the Disease

Name of the Institutions/ person Hospital MBBS Quack Village Doctor Percentage 30 2 2 66

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

3.0 FINDINGS OF RESETTLEMENT CENSUS SURVEY

3.1 Resettlement Census Survey

The resettlement census survey is a comprehensive survey that covered 100% households getting affected by the project, irrespective of their entitlement or ownership status. This survey was undertaken along the project by the consultant and trained survey team in July 2013.

The objective of the census survey was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A questionnaire was prepared to collect detailed information on the socio-economic status of the affected persons and households.

The data gathered during the Inventory of Loss (IOL) has been entered onto an electronic database which identified each Affected Household (AH) and the way they are impacted and losses they will incur. The objective of the IOL was to establish a detailed inventory of the households and of physical assets likely to be affected by the project; develop a socioeconomic profile of the AHs and affected persons (APs) there in, through the participatory IOL and consultation meetings and obtain the views of AHs on likely benefits and adverse effects of the project as well as their views on what measures need to be included in the project to ensure mitigation of all adverse effects on them. The IOL also serves as a benchmark for monitoring and evaluation.

3.2 Findings of Resettlement Census Survey

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

3.2.1 Type of Project Impacts

The census survey brought forth that the project will necessitate acquisition of 15 acres of land- the majority of which is agricultural land. In total 66 households will be affected under the project intervention. The detailed list of affected households is enclosed as Annex II. Types of losses experienced by the Affected Households (HHs) is shown in Table 13.

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

Type of losses Total Number of Affected HHs Extent of loss

Agricultural land 66 15 acres Source: Resettlement Census Survey 2013

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

3.2.2 Impact on Agricultural Land

Land will be permanently acquired for drilling of gas well, laying of gathering line and installation of processing plant with access road. The census survey and interactions with the affected households brought forth that a total of 15 acres of agriculture land belonging to a total of 66 households would be affected as a result of the project. The analysis brought forth that all the affected (15 acres) comprised of irrigated land which is used for cultivation.

3.2.3 Ownership Pattern

All the affected 66 households incurring impact on their agriculture land comprise of titleholders and hold legal titles to the affected land.

3.3 Impact on Income and Livelihood

Loss of income from crops lost by farmers leasing in or share cropping lands will be compensated with one-time cash grants of Tk. 5000 per family or Tk. 2000 per decimal of affected land, whichever is lower. Suitable candidates will also provide free training on income generating activities and a subsistence allowance during the training period. If necessary, access to credit facilities to start self-employment will be provided. Landowner cultivators will cash compensation equivalent to the market value of one year’s income from the crops.

Person engaged in wage labor in agriculture or non-agricultural sectors whose means of livelihood have been affected by acquisition of the land or property are dependent on will be entitled to a onetime cash grant of Tk. 5000 and priority for wage employment with contractors and/ or training in income generating activities, as well as a subsistence allowance during the training period. If necessary, access to credit facilities to start a self-employment will be provided.Table 14 shows the Affected Share Cropper.Table 15 shows the affected wage labour.

Table 14 Affected for Share Cropper

Number of share cropper No. of Days 12 7

Table 15 Affected Wage Labor Number of wage labour No. of Days 12 7

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

3.4 Project Impact on Poor, Indigenous People, Ethnic Minorities and Other Vulnerable Groups Including Women 3.4.1 Socially Vulnerable Groups Certain groups of population by virtue of their socio-economic realities are considered socially vulnerable and thus in need of special consideration so that they can benefit from the development project. These groups include:

° Those who are below the poverty line ° Those who belong to tribal groups ° Female-headed households ° Elderly and ° Disabled persons

Of the above groups, except for indigenous peoples and ethnic minorities, all the other above enumerated vulnerable groups were identified in the project area during the course of the census survey amongst the 66 households. The census survey identified a total of 14 households as vulnerable households and shown in Table 16.

Table 16 Vulnerability Status of Affected Households

Type of Vulnerability No. of Affected Households (HHs) Below Poverty Line 5 Disabled Nil Elderly 6 Female Headed Households (HHs) 3 Scheduled Tribes (STs) Nil Grand Total 14 Vulnerable Affected HHs Taking into account the socio-economic vulnerabilities of the affected households, specific provisions will need to be incorporated in the RP to ensure that they are not marginalized in the process of development.

3.4.2 Gender Impacts of the Project Gender analysis was undertaken during the course of the resettlement census survey to look into the current status and needs of the women in the study area and the potential impact of the project. The Consultant team also interacted with Female Headed Households (FHHs) and other women to take their views and perceptions on the project impacts. The interaction and the resettlement survey did not bring forth any adverse gender impacts. The project is anticipated to have direct adverse impacts on a total of 3 FHHs. All these 3 FHHs comprise of housewives. Two households shall incur impact on their agriculture land. However, looking into their economic condition, they will now become vulnerable or impoverished as a result of that.

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

4.0 RESETTLEMENT POLICY FRAMEWORK & ENTITLEMENT MATRIX

4.1 Review of Relevant Legislation

4.1.1 Acquisition and Requisition of Immovable Property Ordinance II, 1982

Implementation of development projects involves acquisition and/or requisition of large tracts of land necessitating displacement of people as well as removal of crops and trees. This causes great hardship to the affected people economically, socially and environmentally. In most cases, the affected people are not the direct beneficiaries of the development projects. The acquisition and/or requisition of property laws has been considered to be harsh. In recent years this has attracted attention of planners and sociologists both within and outside the country. The result of this attention is that resettlement or income rehabilitation; provisions are being associated with all land requisition measures of this Project.

The first Land Acquisition Law was enacted in 1894 and was amended and expanded a number of times until the partition of British India in 1947. “The Acquisition and Requisition of Immovable Properties Ordinance” enacted in 1982 (with a few amendments) is the final version of the relevant legal framework for acquisition of land in Bangladesh.

Requisition of immovable property is made in Bangladesh under the Acquisition and Requisition of Immovable Property Ordinance 1982. This Ordinance replaced the Land Acquisition Act, 1894 and the East Bengal (Emergency) Requisition of Property Act of 1948. This Ordinance is (with a few exceptions, which will be discussed later) governing all cases of acquisition and requisition by the government of immovable property for any public purpose or in the public interest. It may be noted that contrary to the previous Act i.e. Act XIII of 1948 this Ordinance deals only with immovable property (Land Acquisition / Requisition Act I of 1894 also dealt with only immovable property i.e. land).

Notwithstanding the repeal of the 1894 and 1948 Land Acquisition Acts all proceedings and matters relating to the acquisition and requisition of property under these Acts (including applications and appeals pending before any Arbitrator or Court) continue to be heard or disposed of as if these Acts were still in force.

Below follows a review of the most important features of the 1982 Ordinance. Wherever necessary, references are also made to relevant administrative regulations and instructions. In accordance with the Ordinance, the legal process is initiated by an application from the requiring Body, which can be any governmental or non-governmental agency.

The Ordinance covers the case of temporary requisition (in part III) of property for a public purpose or in the public interest. With prior approval of the government the DC can decide on the requisition of any property for a period of two years. No prior approval will however be required in case of emergency requisition (Sec-18). But with prior approval of the GOB requisition period may extend more than two years.

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

The DC may take possession of the requisition after, serving the requisition order. The amount of compensation will be equal to the estimated rent which would have been payable for the use and occupation of the property if it had been taken on lease for that period plus compensation for estimated expenses for vacating and re-occupying the property (Sec-20). If a person is not satisfied with the amount of compensation, or there is a dispute over ownership, the DC may deposit the money in the Public Account (Sec-21).

A person who does not accept the award made by the DC may submit an application to the Arbitrator for revision of the award within 45 days from the date of notice of the award (Sec 28). The Arbitrator is a Government appointed Judicial Officer, not below the rank of Subordinate Judge (Sec. 27). A decision determined by the Arbitrator is higher than that decided by the DC. An additional compensation for delay at the rate of 10 percent per annual may be paid (Sec 32). As per amendment of 1994 the Arbitrator cannot defer the compensation amount more than 10 percent of the DC's Awards (Sec-31).

An appeal against the decision by the Arbitrator can be made to an Arbitration Appellate Tribunal, which consists of a member appointed by the government from among persons who are or have been District Judges. A decision of the said Tribunal shall be final (Sec- 34).

4.1.2 Land Acquisition/Requisition Procedures

Land acquisition/requisition requires interaction between, on the one hand, the Requiring Body (RB), which normally is a national infrastructure development government agency, such as the Water Development Board (BWDB), Bangladesh Power Development Board (BPDB), etc. in the present case the BGFCL. And, on the other hand, the Acquiring Body (AB) which normally is the Ministry of Land which delegates some of its authority to the Deputy Commissioner at the district level or the Commissioner at the divisional level.

The division of responsibility between the Requiring Body and the Acquiring Body is in broad terms that the Requiring Body provides the technical input and the Acquiring Body the legal input in the land acquisition/requisition process. It is the Requiring Body which must ensure that the project, which is the basis for the acquisition/requisition of land, is approved by the authorities and that funds are available. The Requiring Body must also justify the need for land and other property on the basis of field surveys including detailed engineering design and prepare all necessary documents required for decision making. At this stage the Acquiring Body processes the land acquisition/requisition cases including determination of the level of compensation and payment to the concerned people. When land acquisition/requisition is completed, the land is handed over to the requiring Body.

The legal aspects of the land acquisition/requisition process starts with the RB submitting an application to the Deputy Commissioner with a request to borrow land for a specific purpose. The procedures for dealing with land requisition matters are established in a Government Memo dated October 1985. The proposal must contain the following items:

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

° A Pro-forma indicating the amount of land required, a time-table for the requisition of land and the purpose for which the land is to be borrowed; ° A Layout Plan, which shows the location of the project on a map; ° A Site Plan, showing the alignment in red ink on a Mouza map; ° A Land Schedule showing classification of land and ownership of plots to be borrowed; ° Certificate of Minimum Requirement, issued by the Requiring Body stating that the quantity of land proposed for requisition is the absolute minimum for a proper implementation of the project; and ° Administrative Approval, comprising a copy of approved Project Pro-forma.

After receiving the proposal, the DC will arrange for field verification, jointly with the staff of the Requiring Body. This includes a classification of the land to be borrowed and an identification of trees and standing crops of value, which are involved.

The Requiring Body's application is then submitted to the District Land Allocation Committee (DLAC) or the Divisional Land Allocation Committee (depending on the amount of land required) for the allocation of land. The latter may in turn refer the proposal to the Central Land Acquisition Committee (CLAC) for a decision. After clearance by the relevant land Allocation Committee the DC issues the preliminary notice and, if required, hears objections against the proposed requisition. If there are no objections, the DC may give the formal approval for land requisition under the condition that the area to be borrowed covers less than ten standard bighas. However, if there are objections and/or the requisition is above ten standard bighas of land, the DC submits the application to the Commissioner or the Ministry of Land for the final approval. The DC's submission shall be accompanied by the DLAC's clearance, the DC's report on the objection petitions and information on the number of households likely to be affected. In respect of project executed by the Upazila Parishad. The government has authorized the Divisional Commissioner to make the final decision even if the land to be borrowed is above 10 bighas.

After the final approval by the DeputyCommissioner (as the case may be), the case is referred back to the DC for the assessment of compensation and the identification of the owner of the plots to be borrowed. With the final approval to borrow land, the requiring body must place required funds for payment of compensation with the DC. If the Requiring Body fails to do that within sixty days from the date of receipt of the estimate for DC, for no fault of the person interested all proceedings shall stand abated and a declaration to that effect by the DC will be published in the official Gazette (Sec. -12).

Compensation is paid by the DC's office. There are no specific rules on where or in which form compensation should be paid. Normally smaller amounts appear to be paid in cash whereas larger amounts are paid by cheques to persons who are identified by the Chairman or Members of the Union Parishad or by Gazetted Officers. In case the rightful owner of the plot of land cannot be identified or there is conflict over ownership or the distribution of compensation funds are deposited in the Public Account of the Republic.

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

In case the person does not accept the award of compensation the person can go for Arbitration according to the provisions of the land Acquisition Ordinance of 1982 or the Emergency Land Acquisition Act of 1989.After payment of compensation the temporary possession of the land is formally transferred to the Requiring Body.

4.1.3 Objection Against Requisition

An aggrieved party has the right to raise objection to the decision of the Deputy Commissioner to borrow his property. To exercise this right the party in question will have to refer his objection in writing within 15 days after the publication of the acquisition/requisition notice. The Deputy Commissioner will then give the objector the opportunity of being heard either in person or by an agent. After hearing the objection and making further inquiry, if necessary, the Deputy Commissioner will prepare a report in this connection within a period of the month. In case the land/property to be borrowed exceeds 50 standard bighas, the Deputy Commissioner will submit the record of the proceedings along with his report to the Government (in the Ministry of Land I Property Minister) for a decision. When it is not so, the recorded proceedings and the report will go to the Divisional Commissioner for a decision. The decision in either case will be final. Once decision has been made for borrowing any property the Deputy Commissioner will serve notice in the prescribed manner to the effect that the property in question is to be borrowed and that possession of the same will be taken and that claims to compensation by the concerned parties can be made to him (DC). Such notice and will give detailed particulars of the property in question and ask the concerned parties to appear before the Deputy Commissioner in person, not before 15 days after publication of the notice, to claim compensation according to rules. Such notice will also be served upon the occupier and all other sharers if any of the property in question.

4.1.4 Compensation for Requisitioned Property The Deputy Commissioner (DC), after examining the claims of compensation, will make an award of compensation for the property. He will also divide the compensation among all other sharers, if there is any. Award of Compensation by DC. (1) Where any property is requisitioned, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the principles set out in the section 20.

(2) The DC shall, after giving the persons interested an opportunity of being heard in respect of their respective interests in the property and the amount and particulars of their claims to compensation for such interests and having regard to the provisions of sub-section (5), make an award of: (a) the compensation in the manner as may be prescribed; and (b) the apportionment of the said compensation among all the persons known or believed to be interested in the property, of whom, or of whose claims, he has information.

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

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

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

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

(a) a recurring payment, in respect of the period of requisition, of sum equal to the rent which would have been payable for the use and occupation of the property if it had been taken on lease for that period, and (b) such sum, if any, as any be found necessary to compensate the persons interested for all or any of the following matters, namely:

° expenses on account of vacating the requisitioned property; ° expenses on account of re-occupying the property upon release from requisition; and ° damages, other than normal wear and tear, caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.

(6) Where any property is kept under requisition for more than two years, the DC shall revise his award regarding the amount payable as compensation under sub-section (5)(a)

4.1.5 Matters to be considered in Determining Compensation

In determining the amount of compensation, the Deputy Commissioner will take into consideration the following factors: • Cost of standing crops or trees on the land/property at the time of taking its possession by the Deputy Commissioner. • Dislocation from his other properties, if any. • Injuries/adverse effect on his other properties or his income. • Reasonable income of the property in between the service of notice and possession of the property taken by the Deputy Commissioner.

4.1.6 Problems of Valuation and Compensation The practice of not registering inherited land and property in the name of the present owner; in combination with an outdated and disorganized land record system means that the identification of the recipients of compensation becomes very time consuming. The imperfect land record system also provides scope for manipulations. In many reported cases, payment is not made in full, even if there is an agreement between the parties. A field survey reported that nearly 90 percent of the concerned households incurred extra legal expenses. In the assessment of land acquisition for the construction of Jamuna Multipurpose Bridge, it was reported that the recipients had to pay the officials around ten percent of the awarded compensation as a service charge.

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

Non-payment or delayed payment of compensation is, however, not only due to a slow functioning of the district administration. The policy of disbursing government funds for land acquisition in three or four installments, spread out over the year, means that the district administration may not have sufficient funds available when payment is due. The property owners incur high transaction expenses for travelling to and from the district office to claim the rights and to receive compensation. Objections against acquisition are often heard and payment of compensation is normally done in the district town.

4.1.7 Time Frame (a) Payment of compensation must be made before the authority takes possession of the property (Ordinance 1982). (b) Compensation must be paid or deposited within a period of one year from the date of decision of requisition. All proceedings shall stand abated on the expiry of that period (Ordinance 1982). (c) Persons with interest or right over the property to be acquired have 10 days in the 1989 Act and 15 days in the 1982 Ordinance to submit claims for compensation. The 1989 Act emphasizes quicker compensation by introducing the concept of provisional compensation" which is to be determined within 10 days of the order of requisition Land can be borrowed on payment of provisional compensation. However, the final compensation is to be determined within three months from the date of requisition. The administrative set up for land administration has two tiers under the Ministry of Land Administration and Land. At the Divisional level there is an Additional Commissioner dealing with land administration under the Commissioner. At the District level there is an Additional Deputy Commissioner in charge of land administration. Under him there is at least one land Acquisition Officer and several Assistant Land Acquisition Officers. The number of officers depends on the size of the District Dhaka, as an example, has five Land Acquisition Officers. Non-gazetted officers include Kanungos (normally two per district but more in larger districts), surveyors, etc.

4.2 LA Act and GOB Draft National Policy The legislative framework for the land acquisition in Bangladesh is the Acquisition and Requisition of Immovable Property Ordinance of 1982 (Ordinance II of 1982), and the subsequent amendments to the Ordinance. Under this Ordinance, the Government can acquire any land, building, crop, trees and other properties on the land for any public purpose or in the public interest. The philosophy underlying the Ordinance is that persons whose properties are compulsorily acquired should be compensated at market/ replacement price of land and property. Subsequent amendment in 1993 to the Ordinance increased the amount of compensation from 25% to 50% on the assessed value of the property to match its replacement value. Another significant amendment to the Ordinance was made in 1994 which provides for payment of compensation to share-croppers for loss of income. The Ordinance,

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

however, only recognized the titled owner(s) of the property but the non-titled users (for example, renters and illegal occupants/ squatters) are not eligible to any compensation. The Deputy Commissioner (DC) processes land acquisition under the Ordinance and pays compensation to the legal owners of the acquired land. The Ministry of lands (MOL) is authorized to deal with land acquisition through the DCs. Khas (government owned land) lands should be acquired first when a project acquires both khas and private land. If a project acquires only khas, the land will be transferred through an inter-ministerial meeting following the preparation of acquisition proposal submitted to DC/ MOL. The landowner has to establish ownership by producing a record-of-rights in order to be eligible for compensation under the law. The record of rights prepared under Section 143 to 144 of the State Acquisition and Tenancy Act 1950 (revised 1994) are not always updated and as a result legal land owners have faced difficulties trying to “prove” ownership. The APs must also produce rent receipt or receipt of land development tax, but this does not assist in some situations as a person is exempted from payment of rent if the area of land is less than 25 bighas (3.37 ha). The Government of Bangladesh has prepared a draft national policy on involuntary resettlement, which is consistent with the general policy of the Government that the rights of those displaced by development projects shall be fully respected, and persons being displaced shall be treated with dignity and assisted in such a way that safeguards their welfare and livelihoods irrespective of title, gender, and ethnicity. The policy on involuntary resettlement recognizes that: ▪ All those displaced involuntarily by either projects or non-project impacts like erosion and eviction must be resettled and rehabilitated in a productive and sustainable manner. ▪ People who are resettled must be able, through their own efforts and/ or with support as may be required, restoring or improving upon their level of living. ▪ Cash compensation shall be paid in development projects at replacement value to those displaced for land and other assets acquired based on established prior ownership and/ or user rights. In addition to cash compensation and resettlement, a benefit sharing will be considered where feasible. ▪ Cultural and customary rights of people affected by projects are to be protected, particularly those belonging to adivasis (indigenous people) and ethnic minorities. ▪ Gender equality and equity in all stages and processes of resettlement and rehabilitation will be fully respected. ▪ Affected persons will be informed and consulted in a transparent manner, including formal disclosure of project impacts and mitigation measures. ▪ Vulnerable groups, including landless, adivasis, poor women headed households, physically challenged people, elderly and falling below the nationally defined poverty line (by the government) displaced by project or non-project impacts, are entitled to

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

additional benefits and assistance in a manner that addresses their specific needs related to socio-economic vulnerability. ▪ Similarly, affected persons and/ or businesses on government/ leased in land will be eligible for compensation for loss of access to land and sites.

4.3 ADB Policy on Involuntary Resettlement The Asian Development Bank’s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2003) recognize the address the R&R impacts of all the affected persons irrespective of their titles and requires for the preparation of RP in every instance where involuntary resettlement occurs. These ADB policies are the guiding policies to identify impacts and to plan measures to mitigate various losses of the subproject. ADB policy guidelines are summarized below: ° Involuntary resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the project. ° Where IR is unavoidable, AP should be assisted to re-establish them and improve their quality of life. ° Gender equality and equity should be ensured and adhered to ° AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with AP, including disclosure of RP and project related information. ° Replacement land should be an option for compensation in the case of loss of land, in the absence of replacement land, cash-for-land compensation should be an option available each AP. ° Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs. ° All compensation payments and activities should be completed prior to the commencement of civil works. ° RP should be planned and implemented with full participation of local authorities. ° In the event of necessary relocation, APs should be assisted to integrate into host communities. ° Common property resources and community/ public services should be provided to AP. ° Resettlement should be planned as a development activity for the AP. ° AP who does not have documented title to land should receive fair and just treatment. ° Vulnerable groups (households below the recognized poverty line; disabled, elderly persons or female headed households) should be identified and given appropriate assistance to substantially improve their living standards.

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

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

A detailed review of the GOB Provisions and the ADB Policy on IR was undertaken wherein the two were compared. Following the various National land laws on land acquisition & requisition, the Draft National R&R Policy-2007, and incorporating ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the project will include the following elements: i. The land acquisition and resettlement impacts on persons affected by the projects would be avoided or minimized as much as possible through alternate design options. ii. Where the negative impacts are unavoidable, the persons affected by the project and vulnerable groups will be identified and assisted in improving or regaining their standard of living. iii. Information related to the preparation and implementation of resettlement action plan will be disclosed to all stakeholders and people’s participation will be ensured in planning and implementation. The resettlement action plan will be disclosed to the APs in local language. iv. Land acquisition for the project would be done as per the Acquisition and Requisition of Immovable Property Ordinance 1982 and subsequent amendments during 1993- 1994. Additional support would be extended for meeting the replacement value of the property. v. The affected persons who does not own land or other properties, but have economic interests or lose their livelihoods will be assisted as per the broad principles described in this document. vi. Before taking possession of the acquired lands and properties, compensation and Resettlement & Rehabilitation (R&R) assistance will be paid in accordance with the provisions described in this document. vii. An entitlement matrix for different categories of people affected by the project has been prepared. People moving in the project area after the cut-off date will not be entitled to any assistance. viii. Appropriate grievance redress mechanism will be established to ensure speedy resolution of disputes. ix. All activities related to resettlement planning, implementation, and monitoring would ensure the involvement of women and other vulnerable groups. x. Consultations with the APs will continue during the implementation of resettlement and rehabilitation works. xi. There should be a clause in the contract agreement that the construction contractor will compensate any loss or damage in connection with collection and transportation of borrow-materials.

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

4.3.2 Comparison of ADB Policy on Involuntary Resettlement and National Policies The comparison of ADB Resettlement Policy with National Policies is shown in Table 17.

Table17 Comparison of ADB Resettlement Policy with National Policies

ADB Policy Current National Policy and Reference to Document or Precedence

Involuntary resettlement should be avoided where The same feasible

Where population displacement is unavoidable, it Yes, alternative placement or should be minimized by exploring all viable project alignment preferred options

People u navoidably displaced should be compensated That is the National Policy in and assisted, so that their economic and social future Bangladesh. This has been strictly would be generally as favorable as it would have planned and being implemented in been in the absence of the project JMBP and JBRLP projects.

People affected should be informed fully and That is the view in Bangladesh consulted on resettlement and compensation options

The absence of a formal legal title to land by some It was not so before, but now this is affected groups should not be a bar to compensation. kept in view In particular compensation should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status

As far possible, involuntary resettlement should be It was not before, but now it is kept conceived and executed as a part of the project in view

The full costs or resettlement and compensation That is the feeling now in should be included in the presentation of project costs Bangladesh and benefits

Costs of resettlement and compensation may be Yes, it is felt that it should be done. considered for inclusion in Bank loan financing for the project

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

4.4 Eligibility Policy and Entitlement Matrix

4.4.1 Eligibility Criteria All APs will be entitled to compensation and resettlement assistance based on severity (significance) of impacts. Nevertheless, eligibility to receive compensation and other assistance will be limited by the cut-off date. The cut-off date for compensation under law (Ordinance II of 1982 with amendments) is considered for those identified on the project road land proposed for acquisition at the time of service of notice under Section 3 or joint verification by DC whichever is earlier. The cut-off date of eligibility for resettlement assistance under this RP is the commencement date of the census which is the 2 nd July 2013. The absence of legal title will not bar for APs from compensation and assistance.

4.4.2 Compensation and Entitlement Policy An Entitlement Matrix has been prepared on the basis of census and socioeconomic survey conducted in July 2013. It identifies the categories of impact based on the census and shows the entitlements for each type of loss. The matrix describes the units of entitlements for compensating the lost assets, and various resettlement benefits. Cash Compensation under Law (CCL) for lost assets (land) will be accorded to the owners through the DC as per market value assessed through legal procedure. The resettlement benefit for indirect losses and difference between replacement value and the CCL will be paid by BGFCL directly to the APs. The entitlement matrix detailing the entitlements for the losses is presented in Table 18 below. Table 18 Compensation and Entitlements

Type of loss Entitled Persons(s) Entitlements 1. Loss of agricultural Legal owner(s) of Value of land at current market price of the land equivalent replacement land. The DC office land asdetermined by determines the compensation amount based

the DC, on yearly average of recorded sale value plus 50% additional cash compensation. and or determined by Refund of registration cost incurred for the court replacement land purchase at the replacement value. Any difference between the awarded value and the replacement value at the cut-off- date (on the date of issuance of notice under section 3 of Acquisition Act, 1982) will be paid to APs as a cash grant. APs will be provided with all possible assistance to identify and purchase replacement land.

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

APs severely affected by loss of agricultural land (i.e., losing more than 20% of total land holding) will receive a cash grant of Tk.5000/- per decimal of concerned land, whichever is lower. Suitable candidates will also be provided with free training on income employment.

2. Lose of access by Farmers leasing in or No compensation for land. tenants/sharecropp share cropping the One –time cash grant of Tk.5000/- per ers to agricultural land that is defined to family or Tk. 2000/-per decimal of land for crops be acquired for the concerned land, whichever is lower. production. project at the time of the socio-economic Suitable candidates will also be provided survey. free training on income generating activities and a subsistence allowance during the training period. If necessary, access to credit facilities to star self-employment will be provided. 3. Loss of wags Persons engaged in One-time cash grant of Tk. 5000/-and income. wage labor in agriculture or non- Wage employment with contractors and / or agriculture sectors in training in income generating activities. If the affected areas necessary, access to credit facilities will be whose means of provided to start self-employment activities. livelihood have been A subsistence allowance will be provided affected. during the training period.

4. Loss of standing Compensation for one Advance notice to harvest crops. crops year’s crop value to crop owner Cash compensation equivalent to the market value of one year’s income from the crops. 5. Vulnerable groups Members of One-time cash grant of Tk.5000/- per family vulnerable groups such as the landless, very poor, female- Provision of a land purchase grant for headed households or landless households. households of the elderly, physically impaired or disabled 6. Unforeseen impact Concerned impacts Determined as per policy on unique Findings at detailed design stage

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

4.5 Valuation of Affected Properties

The District Land Acquisition office takes help of relevant departments for determination of price of land and other properties. Normally, the Public Works Department, the Forest Department, Sub-Registrar’s Office, etc. are consulted. Land price from the Sub-Registrar’s Offices for preceding one year from the date of serving notice under Section 3 is considered for valuation of land. But in most cases, the price remains below the market rate. To ensure that the APs can replace the lost property, the transacted price, recorded price, existing price and expected prices are averaged to reach at Replacement Value (RV). For valuation of affected property, a legal body called Property Valuation Advisory Team (PVAT), with representatives from acquiring body, and Local Government Engineering Department (LGED) will be formed by Ministry of Power, Energy and Mineral Resources (MOPEMR).

PVAT will representatives from the BGFCL as the Convener, and representatives from theLEGD as the member and representative from the DC as member.A land and property valuation survey based on the price recorded from formal and informal sources will determine the Replacement Value (RV) of land and structure and be recommended by PVAT to MOPEMR. BGFCL will pay the difference between RV and Cash Compensation under Law (CCL). Land purchase can’t be a bar in playing the difference. Stamp duty and land registration fees will be paid to the AP, if replacement land purchase is confirmed. Further, the teamwill assist in all possible ways, including finding land for purchasing replacement land etc. After issuance of notice under section 3 by the DC and census cut-off date for non-titleholders or a similar designated date declared by BGFCL, joint verification of the acquired properties will be carried-out by the requiring and acquiring bodied. The Joint Verification Team records the quality and quantity of the affected properties on the spot. A representative of the PVAT will also be present in the JVT as a member of the team. The PVAT will computerize the Joint Verification data to be used for payment of compensation/ resettlement benefits.

4.6 Disposal of Acquired Properties

After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and no charges will be levied upon them for the same. A notice to that effect will be issued by BGFCL intimating that APs can take away the materials. Payment of compensation will be made at least 1 month prior to the actual possession of the acquired land.Further, all compensation and assistance will be paid to all APs prior to commencement of civil works. The possession will be handed over to the contractor after payment of compensation/ assistance to the APs is completed.

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

5.0 CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1 Consultation Process

Experience indicates that involuntary resettlement generally gives rise to severe problems for the affected population and they are generally apprehensive that they will lose their livelihoods. These problems may be reduced. People are properly informed and consulted about the project, about their situation and preference, and are allowed to make meaningful choices. This serves to reduce the insecurity and opposition to the project which otherwise are likely to occur. The objectives of stakeholder consultation process are thus:

° To involve the affected people ° To avoid social litigation ° To make people aware of the benefits and risks to ensure acceptability of the project ° To identify stakeholders and to hold group meeting with the stakeholders ° The consultation will be done in phased manner.

5.2 Consultation Scope and Issues

BGFCL and the Consultant identified the concerned stakeholders depending on the land requirement for development of wells, and processing facilities along with access road. During the consultations, efforts were made by the survey team to:

• Ascertain the views of the APs, with reference to land acquisition and project impacts. • Understand views of the community on Resettlement and Rehabilitation (R&R) issues and rehabilitation options. • Obtain opinion of the community on issues related to the impacts on community property and relocation of the same • Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

Key stakeholders particularly affected persons and community, were asked for their views on the overall project overall as well as more specific discussion about their perception on land acquisition process, compensation process and views on alternative options. Table 19 below sums up the key outcomes of the public consultations.

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

Table 19 Summary of the Public Consultations

Participants Topics/ Issues Discussed Response/ Expectation/ Suggestions of Participants

UP ° Land acquisition All the participants expressed their Chairman,Member ° Positive and Negative willingness to contribute their land for and affected impact on environment successful implementation of the project. ° Lack of education people. institution They appealed for opportunity of using ° Employment opportunity project road to go into non-acquisition ° Gas Supply land.

5.3 Identification of Key Stakeholders

BGFCL and the Consultant will identify the potential stakeholders based on area. BGFCL follows the principle of minimum use of agricultural land. Furthermore, all measures will be taken to ensure no disturbance to the homestead, properties and other structures along the sensor lines. Attempts would be taken in such a way that no people will be affected due to socio-economic development of the gas field areas.

The detailed identity and list of APs for the gas fields will be done by BGFCL during project implementation. This list identifies the land owner list of APs and the specific entitlement under the provision of Land Acquisition Act of Bangladesh as well as Asian Development Bank guideline. On identification, the stakeholders will be consulted at different location. Based on the response of the APs, compensation would be paid, for which adequate budget provision exists.

5.4 Feedback from Community Consultation

Consultation with the affected community was undertaken on 02/07/2013 and the feedbacks obtained from these are summed up below: ° All the participants expressed their willingness to contribute land for successful implementation of the project. ° They demanded for supplying gas to all residents ° They requested for employment of un-employed persons in the area according their qualification. ° They also appealed for opportunity of using project road to go in non-acquisition land.

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

Photo 1 Socio-economic Survey with Photo 2 Socio-economic Survey with stakeholder at Malihata village stakeholder at Malihata village

Photo 3 Consultation with stakeholder Photo 4 Consultation with stakeholder at at Budhol Union Parishad Budhol Union Parishad

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

5.5 Disclosure of the RP

The process of public participation in the implementation of the RP will be assured through consultation procedures. Consultation will be made through a Public Consultative Committee (PCC). The PCC will be formed with the representation of relevant government agencies. The committee will address any grievance raised by the APs within the framework of the existing law of the country and the policies adopted by BGFCL and the guidelines of ADB.

A summary of this Resettlement Plan (RP) will be translated into Bangla and will be made available to the affected people by BGFCL for review and comments on the policy and mitigation measures by means of project-level Disclosure workshops prior to loan negotiation. Copies of summary RP will also be made available at the local level public offices to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. The summary of the final RP will also be disclosed on the ADB Website and BGFCL website.

Bangladesh Gas Fields Company Ltd. is the EA of the project and responsible for in implementing this RP, will update, publish and distribute the booklet explaining the impact of the project, compensation policies for APs, resettlement options/strategies for households, and tentative implementation schedule of the project. Further steps will be taken (i) to keep the affected persons informed about land acquisition plan, compensation policy and payments, and (ii) to ensure that APs will be involved in making decisions concerning relocation and implementation of the RP.

In case of change in project design thereby entailing change in resettlement impacts, are evaluation and updating of this RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as updated on the ADB website after ADB review and approval.

5.6 Plans for Further Consultation and Community Participation

The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the project. Several additional rounds of consultations with APs will form part of the project implementation. Executive agency will be conducting these consultations during RP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration. The consultation will continue throughout the project implementation. The following set of activities will be undertaken for effective implementation of the plan:

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

• The EA will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in plan implementation. • During the implementation of RP and concerned BGFCL officers will organize public meetings, and will appraise the communities about the progress in the implementation of project works. • Consultation and focus group discussions will be conducted with vulnerable groups like women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration. • In order to ensure participation of community a Public Consultative Committee (PCC) at Thana (Upazila) level would be formed to supervise the compensation payment to APs. The PCC would include representative of the Deputy Commissioner of Brahmanbaria District, the respective Upazila Nirbahi Officer, local elected public representative of BGFCL and representative of LGED in the area. Formation of such a PCC will be functionally equivalent to Resettlement Coordination and Monitoring Committee (RCMC) enunciated in the ADBs Resettlement guideline. Such committees are also vital for enunciated in the project monitoring and implementation take place effectively and that monitoring can provide feedback into project implementation. • The PCC will supervise payment to APs which will include membership of AP representatives. The PCC will visit points geographically close to APs for payments of compensation. • In addition, regular update of the program and resettlement component of the project will be placed for public display at the project offices. • Lastly, participation of APs will be further ensured through their involvement in the Grievance Redress cell.

Lastly, EA through project office will maintain ongoing interactions will APs to identify problem and undertake appropriate remedial measures

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

6.0 INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION SCHEDULE 6.1 Introduction This chapter deals with the main tasks and responsibilities of the institutions in planning, negotiating, consulting, approving, coordinating, implementing, financing, monitoring and evaluating land acquisition and resettlement. The responsible institutions are the Executing Agency, Deputy Commissioner’s Office, Donor Agency, etc. In fact, these institutions will be required to work jointly and in close cooperation with each other. Given the emphasis on this cooperation and integration, development of an effective institutional framework is a must.

BGFCL will be the Executing agency (EA) of this project, DC and LAO will constitute legal body who, on behalf of the Govt. will undertake the process of land acquisition and facilitate implementation of the RP.

6.2 BGFCL BGFCL will be the Executing Agency for the project, a Project Implementation Unit (PIU) headed by a Project Director, at the head office that will be responsible for the overall execution of the project. The task/ responsibilities of the Project Director of BGFCL will include the following:

° Project planning and making provision of RP budget ° Review of RP report and making comments on the report ° Maintaining liaison with the different concerned Govt. Officials, donor agency and the consultants ° Supervision of the tasks of the resettlement implementation committee ° Transfer of fund to the Deputy Commissioner (DC) in due time for meeting acquisition compensation cost ° Contribute to the works of Public Consultative Committee (PCC) ° Motivation of APs The Project Director would be in charge of the land acquisition and resettlement management. He/ she will work in close coordination with the respective field-based offices on day-to-day activities of the resettlement implementation. The PD through the field offices, LA Office will execute and the LA and RP implementation work. He/she will also ensure coordination between the relevant departments, the GRC, RAC, PVAT and the project affected people (APs).

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

6.3 Other Agencies Involved in the Process

6.3.1 Deputy Commissioners (DCs)

The DCs have the power to acquire land and to assess compensation of property thus acquired. The 1982 Ordinance provides the power to the DC, who conducts the acquisition through the Land Acquisition Officer (LAO) of concerned districts. The LAO (or his/her officers) along with BGFCL staff will conduct joint physical verification of property on the land in accordance with the Land Acquisition Proposal (LAP) to be submitted by BGFCL as soon as the detailed design and alignments for the projects interventions will be available.

The DC office is responsible for the entire acquisition process from notification to affected households to award of compensation to owners of property and payments of compensation. Upon fulfillment of criteria of the LA office (i.e. necessary documents to make payment) the LA officials will prepare cheque and disburse to the EPs. If possible the LAO will disburse cheque in the concern Union Parishad office in presence of the UP Chairman issuing prior notice to the concern EPs. BGFCL shall liaise with DC office to complete the land acquisition process in a timely fashion. However, the LAO will prepare estimates of LA and request placement of fund from the BGFCL. The LAO will also share the award and payment date with the BGFCL field office to facilitate processing of resettlement data.

6.4 Grievance Redress Mechanism

Grievance Redress Mechanism will be established to ensure stakeholders participation in the implementation process. Through public consultations, the APs will be informed that they have a right to grievance redress from the BGFCL. The APs can also call upon the support of the RP Implementing committee engaged to implement the RP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances will be redressed within a month from the date of lodging the complaints.

The GRC will be formed Union level for any grievances involving resettlement benefits, relocation, and other assistance. The GRC for each Union will comprise of the Project Director BGFCL, RP implementing committee, one Local Elite, one representative of APs and a legal Advisor as Observer to extent legal support to the committee.

The GRCs will be formed and activated during land acquisition process to allow APs sufficient time to lodge complaints and safeguard their recognized interests. Where land acquisition will not be involved but relocation of structures or vacating land from cultivation will be required, the GRCs will facilitate resolution of complaints regarding categorization of

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

vulnerable affected persons, types of structures and eligibility for compensation and assistance within the set guidelines and provisions of the resettlement plan. Any complaints of ownership or other suits, to be resolved by judiciaries system, will not be resolved in GRCs.

The Grievance Redress Committee (GRC) to be formed will be similar to Public Consultative Committee (PCC). In effect, the resettlement consulting organization will work closely with the APs to identify the grievances and redress the same in consultation with other members of the committee as well as the APs. The activities of grievance redress will be monitored by the organization monthly. While the detailed Organogram of the BGFCL is encloses herewith as Figure2the Organogram of the office of Deputy Commissioner is presented below as Figure3.

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

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

MANAGING DIRECTOR

GeneralGeneral Manager Manager (Planning (Planning & & Development)Development)

Project Director

Project Engineer Project Engineer Project Engineer Project Geologist

(Seepage &Work (Drilling) (Process) over)

Deputy Manager Deputy Manager Assistant Manager (Work over ) (Drilling)

Assistant Manager Assistant Manager

Manager (Coordinator) Project Accountant

1XComputer Operator Project Materials 1XClerk Coordinator 3XDriver

4XAttendant/Record keeper

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

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

Deputy Commissioner (DC)

Additional Deputy Additional Deputy Additional District Additional Commissioner Commissioner Magistrate (ADM) Deputy (ADC) General (ADC) Revenue Commissioner

(ADC) Revenue

Land Acquisition Officer (LAO) General

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

7.0 RESETTLEMENT COST ESTIMATE AND BUDGET

7.1 Cost Estimates The estimate for land acquisition by the DC will be prepared by his/her LA section and placed to BGFCL for transfer of the fund to the account of the DC. The additional benefits as per the policy will be paid directly by the EA. However, the Implementing Committeewill assist BGFCL to assess the quantity of losses and the eligible persons for resettlement benefits and prepare a resettlement budget. BGFCL will approve the budget and arrange payment of additional compensation and resettlement grants to EPs. The project office BGFCL will ensure that the land acquisition and resettlement budgets are delivered on time to the DC and the resettlement account of the field office of BGFCL. BGFCL will also ensure that the RP is submitted to ADB for concurrence, and that fund for compensation and entitlement under the RP are fully provided to APs prior to the award of the civil work contact. The methodology for assessing unit compensation values of different items is as follows: ° Land to be valued at replacement cost based on land sales survey during implementation of RP. Advanced tax will be deducted at time of paying compensation, applicable as per law. ° Annual crops will be valued at highest market rates. One round the year production from agricultural land will be considered for crop compensation. The valuation survey registered recent current crop sales at markets and was based on AP and community consultation (including relevant local government agencies). The conclusion of the survey is that in most cases the actual transaction values are higher than the values officially documented and registered.

7.1.1 Land Cost

The project will not involve relocation of any persons as the most of the land are agricultural lands. The rate of land by type is estimated based on last 12 months average. The compensation rate along with cost of compensation is given in the Table 20.

Table 20 Value of land of Chhatian, Malihata, Jangilsar, Suhilpur and Sarail Mouza According to Market Rate, based on Rate of LA Department, Brahmanbaria

Mouza Agricultural land (per Land Cost (per Amount Amount in decimal) rate as per decimal) with 50% of land (Tk.) market survey in Tk. premium in Tk. (decimal) Chhatian (Bodul) Tk.74,000 Tk.111,000 320.5 35575500 Malihata (Bodul) Tk.74,000 Tk.111,000 342.2 37,984,200 Jangilsar (Bodul) Tk.74,000 Tk.111,000 88.25 9,795,750 Suhilpur Tk.90,000 Tk. 135,000 132.4 17,874,000 (Suhilpur)

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

Sarail (Sarail) Tk.95,000 Tk. 142,500 616.0 87,780,000 Total land area in decimal proposed for 1,499.35 189,009,450 acquisition Total Cost in Tk. Eighteen c rore ninety lac nine thousand four hundred fifty only.

7.1.2 Compensation for Tenant Farmers

There are 12 households who are sharecropper need to be compensated. In keeping with the provisions entailed in the Entitlement Matrix, The tenant will be paid compensation at a rate of Tk. 5,000 per household or Tk. 2,000 per decimal whichever is lower. The Compensation for Tenant Farmers is shown in Table 21.

Table 21 Compensation for Tenant Farmers

Number of share cropper Assistance per household Amount (in Tk.) 12 5,000 60,000

7.1.3 Training for income generating activities

Trainings for undertaking income generation activities will also organize for the sharecropper tenants. Seven day training with daily allowance of Tk. 2000 will be organized for the 12 tenants. The cost of training of tenants is detailed in Table22 below.

Table 22 Training for Share Cropper Number of share No. of Days Rate (L.S) Amount (Tk.) cropper 12 7 2,000 168,000

7.1.4 Training for income restoration of wage labour

Trainings for undertaking income generation activities will also organize for the sharecropper tenants. Seven day training with daily allowance of Tk. 2,000 will be organized for the 12 tenants. The cost of training of tenants is detailed in Table 23 below.

Table 23 Training for Wage labour

Number of wage No. of Days Rate (L.S.) Amount (Tk.) labour 12 7 2,000 168,000

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

7.1.5 Assistance to Vulnerable Group

119. Additional financial assistance of Tk. 10,000 shall be extended to a 14 vulnerable affected households identified during the census survey and is shown in Table 24.

Table 24 Financial Assistance to Vulnerable Group

Number of Vulnerable Rates (L.S) Amount (Tk.) households 14 Vulnerable Affected HHs 10,000 140,000

7.1.6 Compensation for Loss of Agricultural Income from Trees and Crops

This category of impacts includes standing trees on affected private and public lands. In the case of privately owned land, the affected family will be the entitlement beneficiary and in the case of public land, the concerned Government agency or the socially recognized owners will be entitled to receive the compensation. In all cases the beneficiary will be entitled to cash compensation equivalent to one year's income for crops at the current market price. However, in the proposed project locations there are no trees so no compensation will require.

7.2 Budget

Based on the above costs, a budget provision has been made to cover all land acquisition, compensation, and rehabilitation costs for the project. The budget provision was made in the Project Proforma in the amount of Tk. 196 million. In estimating land acquisition cost, last one year’s average sale rates of different types of land in the project jurisdiction were collected from the concerned sub-registry offices. These rates are 50% as per GoB policy of involuntary resettlement (compulsory nature of acquisition) as detailed in the last column of the entitlement matrix. This is to mention here that cost of other items have also been estimated of the RP budget at per present rates is presented in Table25.

Table25 Summary Resettlement Budget

Resettlement Cost Items Cost in Taka Loss of income of share croppers 60,000 Training cost of share croppers 168,000 Training for income restoration 168,000 Compensation for Vulnerable 140,000 Crop Compensation for one year 60,000 Fees for External Monitoring 200,000 Tenant farmer 60,000

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

Land Acquisition (LA) Cost with Premium 189,009,450 Miscellaneous expenses for land acquisition @ 3% 5,670,284

Total in word in Tk. Nineteen crore fifty five lac thirty five 19,55,35,734 thousand seven hundred thirty four only

All types of compensation payment against land acquisition and others will be disbursed as soon as possible.

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

8.0 IMPLEMENTATION SCHEDULE

8.1 RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 Year Period commencing after loan approval. As part of advance actions following loan negotiations, the EA will establish the project office, appoint implementation committee for resettlement implementation and establish GRC.

Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances 1will be paid to all APs prior to commencement of civil works.

The implementation schedule will be finalized considering possible changes of events during the project implementation period after detailed design of the project.

8.2 Implementation Schedule

The itemized activities of the Resettlement Plan (RP) will be scheduled to meet the legal time frame and timely implementation of the Project work. Land acquisition or borrowing is an essential part of project implementation. A project having sufficient lead time between fixing project alignment and actual start of construction does not face any difficulty in borrowing land. The procedure of land acquisition as well as resettlement in Bangladesh is presented in this chapter.There are few pre-requisites to be completed before going into the process of land acquisition.

• Pre-requisites: • approval of project document like DPP/TAPP • approval of project plan • approval of land plan and land schedule • administrative approval of land requirement from the ministry, and • budget provision for land acquisition.

When these pre-requisites are fulfilled a step-wise of land acquisition process is followed:

• Step-wise land acquisition process • submission of land acquisition proposal by the requiring body to the Deputy Commissioner • holding District Land Acquisition Committee meeting and providing land allocation

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

• serving Notice under Section 3 to the affected persons • joint verification • serving notice under Section 6 to settle any dispute • estimation of jointly verified property for cost compensation and informing requiring body • acceptance of estimate of cost compensation placement of fund to the Deputy Commissioner by the requiring body • serving Notice 7 by the Deputy Commissioner to the affected land owners for disbursement of compensation • disbursement of compensation as per estimate to the affected persons. • giving possession of land to the requiring body.

This whole process takes about 12 months time. The steps of land acquisition process are given below: The joint verification will finalize: i) ownership of the plot; ii) area of the plot with classification, and iii) installations and vegetation on the plot a) housing with type, size, materials used etc. b) shops, business unit, rural industry etc. c) tube wells, latrines etc. d) standing crops with types and covered area, and e) standing trees with types and number and sizes.

Final approval of acquisition will then be obtained from the DC if the land requirement is equal or less than 50 bighas (1,650 decimal). On the other hand, if the requirement of land is over 50 bighas, the approval will be given by the office of the Prime Minister processed through the Ministry of Land. After obtaining approval of acquisition from the appropriate authority, notice under Section 6 will be issued and time allowed for final hearing of any dispute or objection is 30 days. Simultaneously, estimate of the cost of acquisition will be done as per set rules and approved rates of items and submitted by DC office to the requiring body. Upon receipt of the estimate from DC office, the requiring body will examine the estimate and get the estimate sanctioned by the appropriate authority. Notice under Section 7 is then issued after the acceptance of the assessment by the Requiring Body and time allowed for placing funds with DC office is 60 days. On receipt of the fund from the requiring body, DC office starts paying the affected land-owners as per estimate items and cost and give possession of the required land to the requiring body. After placement of fund compensation will be given to the project affected persons one month before the appraisal and the field development activities.

Enviro Consultants Ltd. (ECL) has been engaged to make a detailed assessment of the losses to property, crops, and prepare detailed RP. The team of experts consisting of an

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

Environmentalist, Sociologist, and other disciplines, along with BGFCL personnel were in the field to collect necessary data. Land acquisition including payment of compensation will be completed before taking possession of the land. Compensation for damages of crops due to acquisition of land will be paid as per Bangladesh law and ADB guidelines during the survey phase of the Project, which involve digging for placing of explosives. A committee will be form to facilitate in the implementation process of the RP.

8.3. Pre-requisites of a Successful Implementation of RP

A successful implementation of the Resettlement Plan (RP) has three main pre-requisites. First, there is a need of a clear understanding of the tasks involved, their sequencing in time and linkages with each other. Second, there has to do a well-conceived organization set up with well-learned and efficient staff to carry out various tasks. Third, there is a need for a carefully prepared time schedule (i.e. work plan) synchronizing resettlement/acquisition with civil works.

8.4. Temporal Parameters of the RP

There are three important dates that need to be kept in plan in developing the implementation schedule of the RP in order to achieve the objectives and synchronize it.

8.4.1 Date of Start of Implementation

The implementation process formally starts when the RP is agreed upon between the GoB and the Asian Development Bank. It is expected that this will happen sometime by the beginning of December 2013.

8.4.2 Date of Vacating the Work Site

The work site will need to be cleared off and handed over to the civil work contractors for digging of spot holes which is free from all encumbrances on and from January, 2014.

The nature of works are such that the land to be taken permanently. Access to the well sites and process plant areas will remain restricted. Only authorized person can access for operational purposes.

8.4.3 Date of Completion of the Acquisition and compensation Process

The process of acquisition, which in a broader sense, includes economic rehabilitation. The need for monitoring these impacts and undertaking appropriate corrective measures in terms of grievance redress will be felt more intensely during this period, which should last at least six months from the time of acquire. Assuming that the total process will completed at the end of June 2014.

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

9.0 MONITORING & EVALUATION

9.1 Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have actually achieved their intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring project performance and fulfillment of the project objectives.

Day-to-day monitoring of RP implementation and impacts shall be the responsibility of the Project Director. A committee may be established by BGFCL will conduct field level monitoring and assess and report on the daily operation of land acquisition and resettlement activities. The range of activities and issues that will be monitored will include:

° the process of information dissemination and consultation with APs ° number of persons affected by category of loss ° valuation of assets at replacement value ° delivery of compensation at replacement cost for lost assets and rehabilitation measures according to entitlement ° grievances made and settled ° clearance of project sites and coordination with civil works and ° identification of problems and corrective measures implemented or required

The benchmark for project level monitoring will come from the census and inventory of lost assets data and the baseline socio-economic survey. The mechanisms to be used in the field level monitoring include:

° Review of AP files and pre-project baseline data on APs ° Informal survey of APs ° Identification and selection of an appropriate set of indicators for gathering and analyzing information on resettlement impacts ° Key informant interviews ° In-depth case studies to investigate special issues, and community/public meetings

The monitoring will commence with commencement of the project implementation and shall continue throughout the implementation of the project. The Executing Agency (EA) for the project is responsible for organizing and resourcing monitoring and evaluation efforts.

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

9.2 Monitoring at EA Level

The EA usually has full responsibility for internal monitoring. Monitoring takes place against the activities, entitlement, time frame and budget set out in RP. The record system is supplemented by periodic survey designed to measure change against the baseline established during the initial and survey work. The periodic survey focuses on the receipt of entitlements by people affected based on benefits indicators.

Monitoring indicators will be selected to address specific contents of the activities and entitlement matrix. Sample monitoring indicators from which indicators can be developed and refined according to the circumstances. The indicators will relate to rehabilitation and compensation for land loss as no relocation will be needed may include:

° Have all the APs properly identified ° Have the resettlement officers received the scheduled fund ° Have the fund been distributed for RP ° Have all land have been given possession in time ° Have all social preparation has take place ° Have the APs used grievance redress procedure ° What was the outcomes of grievance redress ° How the grievances were resolved ° Have all APs received payment a per resettlement matrix on time; and ° Have income restoration activities being implemented.

9.3 Reporting Requirements

9.3.1 Plan for Internal Monitoring

The internal monitoring is often based upon a card system kept in the monitoring office recording the entitlements due to and received by each affected household. The card system can be manual or computerized.

During the implementation phase, the assigned person from the organization tighter with the project appointed organization, if needed, will prepare monthly reports on the progress of resettlement activities and forward copies of the reports to the Donor. A format for resettlement implementation monitoring has been devised (Table 26) for monthly monitoring and data collection by field officials. BGFCL will prepare a post-resettlement evaluation report at the end of the project activity. The report should provide evidence whether adverse effects of the project have been mitigated adequately or at least pre-project standard of living and income have been restored as a result of the RP.

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

Table 26 Monthly Progress Report Format for Resettlement Monitoring

Component Unit Completed Cumulative Progress During Status & Total % Achievement Reporting Month Remark 1. Resettlement Preparation: -Identification of APs

-Group meeting with

APs -Compensation for crop 2. Payment of Compensation

Land:(agriculture/home stead) Compensation for crop 3.Grievance resolution Grievance redress cases Grievance redress outcome Resolutions of GR 4. Income Restoration Activity Income restoration grant

9.3.2 Plan for External Monitoring

The EA will established a committee including local government and elected representative to ensure complete and objective information. Post-evaluation of resettlement is an integral part of the project cycle. Independent evaluation can be done by an outside research or consulting agency.

The key tasks during external monitoring will include:

° Review and verify the internal monitoring reports prepared PIC ° Review of socio-economic baseline census information of pre-displaced persons ° Identification and selection of impact indicators ° Impact assessment through formal and informal surveys with the affected persons ° Consultation with APs, officials, community leaders for preparing review report

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

° Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning

Post-Resettlement Evaluation: Six monthafter completion of all RP activities, the project appointed organization/ or the organization itself in case of small number of cases, Shall carry out an evaluation of resettlement to assess the effectiveness, impact and sustainability of entitlements, and to learn strategic lessons for future policy formulation and planning.

9.4 Time Frame and Reporting Requirements

During the implementation phase, the executive committee will prepare monthly reports on the progress of resettlement activities and forward copies of the reports to the Donor. A format for transfer of land implementation monitoring has been devised for monthly monitoring and data collection by field officials (Table No. 27). BGFCL will prepare a post- transfer of land evaluation report at the end of the Project activity.

Table27 Monthly Progress Report Format for Resettlement Monitoring

Component Unit Completed Cumulative Completed Progress During Status & Total % Achievement Reporting Remarks Month

1. Land Acquisiti on for RP

2. Payment of Compensation : for crops damage