38411-043: Orissa Integrated Irrigated

Resettlement Plan

June 2013

India: Orissa Integrated Irrigated Agriculture and Water Management Investment Program Tranche 2 —Machhagaon Subproject

Prepared by State Government of Orissa for the Asian Development Bank.

ADB Financed Machhagaon Resettlement Plan (RP)

ASIAN DEVELOPMENT BANK (ADB) FINANCED

MACHHAGAON SUB-PROJECT Resettlement Plan (RP)

for

Orissa Integrated Irrigated Agriculture and Water Management Improvement Programme (OIIAWMIP) - TRANCHE-II

FINAL REPORT

Submitted by: Orissa Integrated Irrigated Agriculture and Water Management Improvement Programme (OIIAWMIP)-Tranche-II PMU, 5th Floor, Rajeev Bhawan, Bhubaneswar Govt. Of Orissa

May 2013

ADB Financed Machhagaon Resettlement Plan (RP)

TABLE OF CONTENTS

List of Annex ...... ii List of Figures ...... ii Executive Summary ...... i Glossary ...... v List of Acronyms ...... vi Chapter 1 Project Description ...... 7 Chapter 2 The Project and Sub-project Location ...... 11 Chapter 3 Findings of Encroachment Enumeration Survey...... 13 Chapter 4 Resettlement Policy Framework and Entitlement Matrix ...... 32 Chapter 5 Stakeholder Participation and Consultation ...... 39 Chapter 6 Institutional Arrangements ...... 43 Chapter 7 Cost Estimate and Budget ...... 46 Chapter 8 Monitoring and Evaluation...... 48

List of Annex

Annexe Topic Annex-1 Encroachment Enumeration Survey Questionnaire Annex-2 Comparative Matrix of ADB Policy and India LA Act (1894) and NPRR (2007) Annex-3 Terms of Reference for the Civil Society Organisation (CSO) Annex-4 List of Selected Encroachment Photographs

List of Figures

Figures Topic Figure-1 Project Map Figure-6 A Organogram of RP Implementation

ii ADB Financed Machhagaon Resettlement Plan (RP)

Executive Summary

A. Project Background and Scope

1. The Orissa Integrated Irrigated Agriculture and Water Management Investment Program (OIIAWMIP), being funded by the Asian Development Bank (ADB) through sector lending approach over a span of eight years, aims to reduce rural poverty levels in the State by improving agriculture sector productivity and enhancing rural incomes.

2. It is estimated that the OIIAWMIP will cover to enhance productivity and sustainability of existing 6 major and 9 medium irrigation schemes covering 190,000 ha (NIA), and about 1,400 minor lift irrigation schemes covering up to 30,000 ha with PIM in four river basin i.e. Subernarekha, Burhabalang, Baitarani, and Brahmani basins, and a small part of the Mahanadi delta. Most of the subproject works will be limited to rehabilitation and improvement of the existing irrigation system and will not involve acquisition of private land and hence does not cause any resettlement impacts.

3. As all infrastructure works will be implemented within the right-of-way (RoW) of the canals (and drains), involuntary resettlement impacts will be limited to losses that may be incurred by squatters. Encroachment in the Right-of-Way (ROW) of canal was assessed using field inspections along the main canal, and discussions with selected affected persons (APs) and DOWR field staffs. Existing structures along the main canal included huts, shops, sheds built within the RoW of the main canal.

4. Major encroachment within the ROW is tabulated below, along with location, canal RD, and number and types of structures. In addition to those tabulated there are a few scattered, isolated, structures (Table-E-1).

B. Project Benefits and Impacts

5. The renovation work under the Machhagaon subproject involves strengthening and widening of the existing embankment of almost 239.82 kms as well as bank protection work and aims at addressing the key issues and challenges faced by the people of the region in terms of loss of life and property caused by the annual flooding.

6. However despite these anticipated benefits, the project would affect 900 households living on and adjacent to the Machhgaon main and distributary canal system. Machhagaon sub-project canal systems are existing at the moment. There is a proposal under Tranche-2 to strengthen and rehabilitate the canal systems. Right now about 900 units are standing on the canal embankment illegally. The land belongs to DoWR, GoO. But local people and some migrants are encroaching upon it and earning their livelihood through it. The total distance under Machhagaon sub-project covering a distance of 239 km administered by 4 sub-divisions will be strengthened to provide irrigation to 34,870 ha benefitting 342 villages. A detailed EES census survey was undertaken between October to December 2012 covering all the households getting affected in Machhgaon canal system. Of the 934 affected units, 34 households/units comprise of absentee, who were not present at the time of the EES census survey.

ADB Financed Machhagaon Resettlement Plan (RP)

7. The survey brought forth that the project would not entail land acquisition as the land on the canalside belongs to the Government and the Water Resources Department has sufficient right of way (ROW) on the countryside. Thus the design for the project did not necessitate land acquisition throughout the 239 kms of the embankment proposed under ADB assistance.

8. The project would entail loss of assets and livelihoods of people settled (non titleholders) on either side of the existing embankment. The asset loss to these Affected Units is mainly in terms of loss of residential, commercial as well as Common Property Resources. There is no agriculture land that would be affected by way of the project. The following table briefly summarizes the impacts of the project on the affected villages.

Table E-1: Sub division and Canal wise RD details and Type of Encroachment Reduced Distance (RD in Total Kms) Type of Encroachment (Nos) Encroac hment Residential Residen Comm (Nos) Name of the Total cum CPRs tial ercial Sl. Division/ Sub- Name of the Canal Lengt Commercial No division (Main/Distributary) From To h

Balikuda Sub 41.00 52.50 1 Division Machhagaon Main K.M. K.M. 11.50 0 91 0 2 93 7.69 Distributary - 15 00 KM K.M. 7.69 3 10 0 1 14 12.56 Distributary - 15 A 00 KM K.M. 12.56 0 7 0 3 10 5.242 Distributary - 16 00 KM K.M. 5.24 1 9 0 0 10

Alipingal Sub 31.905 2 Division Distributary - 19 00 KM K.M. 31.91 20 18 0 8 46 22.240 Distributary - 19 A 00 KM K.M. 22.24 21 60 0 15 96

Jagatsinghpur 26.00 41.00 3 Sub Division. Machhagaon Main K.M. K.M. 15.00 64 56 0 4 124 15.685 Distributary - 8 00 KM K.M. 15.69 9 38 0 4 51 15.00 Distributary - 10 00 KM K.M. 15.00 81 60 0 16 157 12.70 Distributary - 10 H 00 KM K.M. 12.70 27 29 0 8 64 12.10 Distributary - 13 00 KM K.M. 12.10 4 7 0 0 11 13.00 Distributary - 13 C 00 KM K.M. 13.00 2 4 0 3 9

Buluakhai Sub 12.10 4 Division Bagalpur Disty 00 KM K.M. 12.10 4 2 0 3 9 08.10 Disty No. 2 00 KM K.M. 8.10 16 19 0 4 39 19.00 Disty No. 7 00 KM K.M. 19.00 76 22 0 10 108 26.00 Machhagaon Main 00 K.M. K.M. 26.00 10 41 0 8 59 Total 239.82 338 473 0 89 900 Source: DSC EES Survey, 2012

C. Objective of the RP

9. The resettlement principles for the project are derived from ADB Safeguard Policy Statement (2009) as well as the Land Acquisition Act (1894) and

ADB Financed Machhagaon Resettlement Plan (RP)

National R&R Policy (Govt. of India, 2007). The principles adopted for the project comply with the social safeguard requirements of ADB.

10. The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. The RP is based on the general findings of the EES census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.

D. Stakeholder Participation and Disclosure of RP

11. In tune with ADB principles of community consultation, stakeholder consultations and participation was carried out involving the directly affected people, as well as local leaders. Consultations with the community especially women and members of vulnerable groups as well as other stakeholders which includes persons concerned for the maintenance of temples, revenue officials etc, were carried out in the sub project area. Community consultations would be simultaneously carried out by the EA during the implementation of the RP.

12. A summary of this RP will be translated into Oriya language and will be made available to the affected people by DoWR through local workshop. Copies of summary RP will also be made available at the local level public offices such as revenue offices, Municipal Offices and Gram Panchayat 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 DoWR and ADB websites.

E. Implementation Arrangements & Grievance Redressal Committee

13. The primary role of PMU will be to ensure that projects undertaken meets all social and environment safeguard policy requirement carry out internal monitoring during RP implementation etc. PMU will appoint/depute 1 key person as its staff to be the Social Safeguard Officer and Environment Safeguards Officer who will oversee and coordinate the safeguard aspects of the project.

14. In addition to PMU, at each subproject level there will be a Social and Environment Implementation unit (SEIU).The role of SEIU will be to handle RP implementation at subproject level.

15. The Grievance Redressal Committee will be constituted at SEIU level comprising of Project Director, Resettlement Officer, representative from local CSOs, members of the Municipal Corporation/Panchayat, representatives of affected persons including vulnerable groups and women in the committee. The GRC will continue to function, for the benefit of the APs, during the entire life of the project. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, and other assistance.

iii

ADB Financed Machhagaon Resettlement Plan (RP)

H. R&R Budget

16. Detailed budget estimates for the RP will be prepared by the PMU/SIO which will be included in the overall subproject financial estimates. The budget shall include: (i) detailed costs of acquisition of property, livelihood and income restoration and improvement; (ii) source of funding; (iii) administrative costs; (iv) monitoring and evaluation costs (v) cost of hiring CSO for RP implementation; (vi) arrangement for approval, and the flow of funds and contingency arrangements.

17. The total RP budget for the proposed subproject works out to Rs. 80,53,547.00 ($1.46,237).

18. As agreed upon, the RP implementation cost will be borne by the EA and the Livelihood Assistance cost will be borne out of the OIIAWMIP loan fund for RP implementation. The DoWR has agreed to implement the RP as per the funding provision made above.

I. Monitoring & Evaluation

19. For effective and efficient implementation of the RP, the project will have both internal and external monitoring. Internal Monitoring will be a key responsibility of the SEIU which will oversee the implementation of the RP. They would be assisted by other agents like CSO’s for the same. Apart from internal monitoring they would also be responsible for timely reporting on the progress of RP Implementation. External (or independent) monitoring will be done through an agency hired by PMU to provide an independent periodic assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required.

ADB Financed Machhagaon Resettlement Plan (RP)

Glossary

Encroacher The term “Encroacher” are those occupying land for agriculture purpose. Gram Gram Panchayat is the primary unit of Panchayati Raj Institutions Panchayat and is local government bodies at the village level in India. Pani Panchayat Pani Panchayat is a farmers’ association at the primary level consisting of all the water users, as constituted within a specified hydraulic boundary of a major, medium, minor (flow and lift-both surface and ground water) and creek irrigation projects funded by Government. Pradhan Village Headman Sarpanch A sarpanch is a democratically elected head of a village level statutory institution of local self-Government called the Gram (village) Panchayat in India.

Squatter The term “Squatter” is typically used for those occupying structures for residential/commercial purposes. Vulnerable The “Vulnerable Group” comprises (a) those who are below the Groups poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.. Zilla Parishad Zilla Parishad is a local government body at the district level in India. It looks after the administration of the rural area of the district and its office is located at the district headquarters. Members of the Zilla Parishad are elected from the district on the basis of adult franchise for a term of five years. The Chairmen of all the Panchayat Samitis are members of the Zilla Parishad. The Parishad is headed by the President and Vice-President.

ADB Financed Machhagaon Resettlement Plan (RP)

List of Acronyms

ADB- Asian Development Bank APs- Affected Persons ARO- Assistant Resettlement Officer AUs- Affected Units BPL- Below Poverty Line BSR- Basic Schedule of Rates CSO- Civil Society Organisation DC- District Collector DC- District Commissioner DOWR- Department of Water Resources EA- Executing Agency EES- Encroachment Enumeration Survey EIC- Engineer-in-Chief ERM- Extension Renovation and Modernization FGD- Focus Group Discussion GOI- Government of India GRC- Grievance Redress Committee ha- Hectare HH- Household IA- Implementing Agency IMEA- Independent Monitoring and Evaluation Agency IR- Involuntary Resettlement LAA- Land Acquisition Act MOU- Memorandum of Understanding NGO- Non-Government Organizations NIA- Net Irrigated Area NRRP- National Rehabilitation and Resettlement Policy, OBC- Other Backward Caste OIIAWMIP- Orissa Integrated Irrigated Agriculture and Water Management Investment Program ORRP- Orissa Resettlement and Rehabilitation Policy OWRCP- Orissa Water Resources Consolidation Project PD- Project Director PIM- Participatory Irrigation Management PMU- Project Management Unit PRO- Project Resettlement Officer RF- Resettlement Framework RP- Resettlement Plan RO- Resettlement Officer RS- Resettlement Specialist SBE- Small Business Establishments SC- Scheduled Caste SGO- State Government of Orissa SIA- Social Impact Assessment SIO- Subproject Implementation Office SPS- Safeguard Policy Statement SRO- Subproject Resettlement Officer ST- Scheduled Tribe ToR- Terms of Reference WB- World Bank WUA- Water Users Association

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 1 Project Description

1.1 Introduction

1. The Millennium Development Goals (MDGs) aim at enabling poor people to improve their livelihoods. In Asia about 70 percent of the MDGs’ target group live in rural areas, and for most of them agriculture is the main source of living, hence it is very important, both directly and indirectly, to improve quality of agriculture. In order to doing so, rehabilitation of irrigation systems has been planned in the State of Orissa with the financial assistance of Asian Development Bank (ADB).

1.2 Project Benefits and Impacts

2. The Machhagan irrigation Subproject is in the flat, low-lying delta region in the Lower Mahanadi river basin. Its offtakes from the Talandanda canal bifurcation structure at RD 11.75km, 20o 25’ 45”N, 85o 58’ 17”E. The Taladanda main canal off takes from the Mahanadi Barrage at Cuttack, 20o28’ 46”N, 85o54’76”E.

3. The 52.35km long Machhagan Main canal runs parallel to the Kathjori river for much of its length and inspection is facilitated by the Kandarpur-Balikuda road. The command area is bounded by the Kathjori (Biluakhai, Devi) rivers to the south and west, the Hansua nullah to the north, and the Saluan nallah to the east. Smaller natural drainage nullahs (Alaka, Gobari) within the command area facilitate drainage to the Bay of Bengal. The Talandanda scheme lies to the north and east of Machagaon.

4. The command area of the Machhagaon scheme, currently about 34,870ha, extends over seven blocks in two districts: (i) Cuttack Sadar block in Cuttack District, and (ii) Raghunathpur, Biridi, Nuagaon, Tirtol, Balikuda and Jagatsingpur blocks in Jagatsighpur District.

5. The delta region is densely populated and extends over 100 km from Cuttack to the Bay of Bengal. Over 300,000ha is irrigated through major canal systems (Puri, Taladanda, Machhagan, High Level Canal-1 and Kendrapara) which offtake at Mahanadi and the adjacent weir on the Birupa. The lower part of the delta is within the tidal influence zone with a tidal range of up to 2 m.

6. The Subproject is located within the upper delta, predominantly a freshwater zone. The Mahanadi contributes freshwater to Chilika Lake through tributaries of Kathjori river offtaking just downstream Naraj barrage. Flows downstream of the Mahanadi barrage contribute to environmental sustainability of the delta area. Although no comprehensive study has been undertaken to quantify requirements for these two areas, the Mahanadi River Basin Plan (2004) provides an indicative value of 150m3/s as the minimum environmental flow requirement downstream of Mahanadi barrage.

7. However despite these anticipated benefits, the project would affect 900 households living on and adjacent to the Machhagaon Canal system covering 4 sub-divisions and 102 villages. A detailed EES census survey was undertaken in November and December 2012covering all the households getting affected in Machhagaon sub-project.

ADB Financed Machhagaon Resettlement Plan (RP)

8. The survey brought forth that the project would not entail land acquisition as the land on the riverside belongs to the Government and the Water Resources Department has sufficient ROW on the countryside. Thus the design for the project did not necessitate land acquisition throughout the 239.83 kms of the embankment proposed under ADB assistance.

9. However the project would entail loss of assets and livelihoods of people settled (non titleholders) on either side of the existing embankment. The asset loss to these affected units is mainly in terms of loss of residential and commercial as well as Common Property Resources. There is no agriculture land that would be affected by way of the project. The following table (Table-1.1 briefly summarizes the impacts of the project on the affected Canals).

Table: 1.1- Impacts of Type of Loss Type of Loss Residential Commercial CPR Total Sl. No Name of Canal No % No % No % No % 1 Bhagalpur 4 44.4 2 22.2 3 33.3 9 100.0 2 Distibutary – 15 3 21.4 10 71.4 1 7.1 14 100.0 3 Distibutary - 15 A 0 0.0 7 70.0 3 30.0 10 100.0 4 Distibutary - 16 1 11.1 8 88.9 0 0.0 9 100.0 5 Distibutary- 19 A 21 21.6 61 62.9 15 15.5 97 100.0 6 Distibutary- 19 M 20 43.5 18 39.1 8 17.4 46 100.0 7 Distibutary- 10 81 51.6 60 38.2 16 10.2 157 100.0 8 Distibutary- 10 H 27 42.2 29 45.3 8 12.5 64 100.0 9 Distibutary- 13 4 36.4 7 63.6 0 0.0 11 100.0 10 Distibutary- 13 C 2 22.2 4 44.4 3 33.3 9 100.0 11 Distibutary- 2 16 41.0 19 48.7 4 10.3 39 100.0 12 Distibutary- 7 76 70.4 22 20.4 10 9.3 108 100.0 13 Distibutary- 8 9 17.6 38 74.5 4 7.8 51 100.0 Machhagaon Main Canal 14 (Biluakhai) 10 16.7 42 70.0 8 13.3 60 100.0 Machhagaon Main Canal 15 (Balikuda) 0 0.0 90 97.8 2 2.2 92 100.0 Machhagaon Main Canal 16 (Jagatsinghpur) 64 51.6 56 45.2 4 3.2 124 100.0 Total 338 37.6 473 52.6 89 9.9 900 100.0 Source: DSC EES Survey, 2012

1.3 Measures to Minimize the Impact

10. All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent, adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. Some of these measures include the following:-

ADB Financed Machhagaon Resettlement Plan (RP)

a. The technical design with innovative solution like sheet pile has been prepared to avoid land acquisition by using the existing ROW of Government on either side of the embankment. Thus the project would not entail land acquisition.

b. Further to minimise displacement of households especially on the countryside, the design was thus prepared to use the land on the riverside more than the land on the countryside.

1.4 Objectives of the Resettlement Plan (RP)

11. The Orissa Integrated Irrigated Agriculture and Water Management Investment Programme (OIIAWMIP), being funded by ADB through MFF over a span of eight years, aims to reduce rural poverty levels in the State by improving agriculture sector productivity and enhancing rural incomes. The subproject in Tranche-2 (T-2) comprises of 5 major and 3 medium irrigation schemes. There are potential resettlement (encroachment) impacts in two of the major subprojects of Tr- 2, namely Machhagaon and Pattamundai for which safeguard clearance will be required prior to approval of the tranche. In this respect the last ADB Mission has suggested a more prudent approach which could be achieved through re-scheduling the existing T-2 subprojects (Machhagaon and Pattamundai) with potential encroachment impacts. In other subprojects there is no major encroachment in the canal embankment.

12. The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. The RP is based on the general findings of the EES census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses;(iii)entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation.

ADB Financed Machhagaon Resettlement Plan (RP)

Figure-1: Sub-project location

Machhagaon Subproject

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 2 The Project and Sub-project Location

2.1` Impact 13. The Orissa Integrated Irrigated Agriculture and Water Management Investment Program (the Investment Program or OIIAWMIP) aims to enhance the productivity and sustainability of the existing irrigation schemes in the four northern river basins and a part of the Mahanadi delta.1 This will involve renovating irrigation infrastructure, installing participatory irrigation management (PIM) systems with water user associations (WUAs), and empowering WUAs as a cohesive platform for irrigation operation and maintenance (O&M) and agriculture development. The OIIAWMIP will renovate six major and nine medium irrigation schemes (having designed net irrigated area [NIA] of 185,000 ha) and about 1,400 community-based minor lift irrigation schemes (having NIA of 30,000 ha). These schemes are suffering from low performance in irrigated agriculture due to inefficient operation, system deterioration, and limited integration with agriculture support services and marketing systems. The OIIAWMIP will also strengthen the institutional basis for PIM and integrated water resources management (IWRM) with management reforms and capacity strengthening of the relevant institutions.

14. The impact of the OIIAWMIP will be enhanced rural economic growth and reduced poverty in the concerned existing irrigation system areas, and institutionalization of PIM- based agricultural growth. The outcome will be enhanced productivity, water use efficiency, sustainability of irrigated agriculture, and improved performance of irrigation service delivery and water resources management with empowered WUAs progressively taking over O&M roles.

2.2 Economic Status

15. It is widely recognized that poverty is experienced through a variety of dimensions of which low income is one. Further, within the poor there are important differences in intensity of poverty, the ability of the poor households to graduate from poverty and relative vulnerability to different groups to withstand risks of livelihood such as unemployment, access to services, sickness, and so on.

2.3 Severity of Impacts

16. To gauge the severity of impacts on APs, data on total land holding and loss of structures and livelihood are analyzed. According to ADB policy major impacts are defined as involving affected people being physically displaced from housing and/or having 10 percent or more of their productive, income generating assets lost. The squatter households numbering 900 who have encroached the canal banks and creating problem in the rehabilitation of the system would be displaced. There is no displacement through evacuation of land and property owned by individuals or community.

17. There is not a single person who is losing any agricultural land to the project. People who have unlawfully settled themselves on the canal banks are being asked to vacate for rehabilitation of the canal system. They will not be compensated for land but will be compensated given for the loss of their structures and assisted with income restoration. Out of 900 units which are illegally standing on DoWR land 338 (37.6%) are residential in nature. 473 are commercial units (52.5%) with their residence remaining intact in the local

ADB Financed Machhagaon Resettlement Plan (RP)

village and 89 (9.9%) are in the form of temples, religious place, club etc. which has been categorized as Common Property resources (CPRs) . The relocation of these 900 units will be to the adjacent areas only mostly to their own land inside the village. (i) The women of the subproject area are subjected to gender bias. In the Indian context, the deep-rooted social discrimination has compelled women to lead a life of bare subsistence, both in terms of economic and social values. (ii) Vulnerable groups comprising landless Scheduled Caste families are tied to land owners for their livelihoods. (iii) Women are involved directly in agricultural and its allied activities, animal husbandry, poultry, and other related pursuits. (iv) In typical agricultural households, women participate in production and have sole responsibility for household activities.

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 3 Findings of Encroachment Enumeration Survey

18. The effective preparation and implementation of a Resettlement Plan largely depends to a large extent on appropriate and accurate socio-economic and EE census surveys of the affected units. The following chapter presents and discusses the findings of the resettlement census survey undertaken in the Machhagaon Subproject in December 2012.

3.1 Objective of the Encroachment Enumeration (EES) Census Survey

19. The EES survey is a comprehensive survey covering 100% households getting affected by the subproject, irrespective of their entitlement or ownership status. This survey was undertaken along the subproject by a trained survey team comprising of social researchers.

20. 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, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A schedule was prepared to collect detailed information on the socio-economic status of the affected persons and households. In addition, considering the type of loss namely – residential, residential- cum-commercial, land & trees etc, of the AP a loss-specific schedule was filled for that AP. A copy of the survey tools used during the census survey is annexed as Annexure 1.

21. The census survey identified a total of 900 affected units comprising of 2764 persons will be affected by the subproject in both main & distributary canal system.

3.2 Methodology

22. The key methods employed by the survey team during the course of the survey are in order:

• Marking of affected assets and structures as per the engineering design;

• One-to-one household interview with the affected units;

• Small group consultations, key informant interviews and focus group discussion were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials and property dealers during the survey.

3.3 Findings of the EES

23. The EES Census Survey carried forth in Machhagaon main and distributary canals would affect 900 households in 16 distributaries and 102 villages. It is pertinent to note that among the 934 affected units, there are 34 absentee landlords who were not present at the time of the census survey. Thus the analysis presented below is largely for 900

ADB Financed Machhagaon Resettlement Plan (RP)

affected units and the absentee landlords have been indicated as ‘Absent’ in the relevant tables.

24. As can be seen from the following table (Table 3.1), 90% of the affected units are squatters and rest 10% are CPRs.

Table 3.1: Canal wise Distribution of the Affected Units Affected Category Squatters CPR Total Sl. No Name of Canal No % No % No 1 Bhagalpur 6 66.7 3 33.3 9 2 Distibutary – 15 13 92.9 1 7.1 14 3 Distibutary - 15 A 7 70.0 3 30.0 10 4 Distibutary – 16 9 100.0 0 0.0 9 5 Distibutary- 19 A 82 84.5 15 15.5 97 6 Distibutary- 19 M 38 82.6 8 17.4 46 7 Distibutary- 10 141 89.8 16 10.2 157 8 Distibutary- 10 H 56 87.5 8 12.5 64 9 Distibutary- 13 11 100.0 0 0.0 11 10 Distibutary- 13 C 6 66.7 3 33.3 9 11 Distibutary- 2 35 89.7 4 10.3 39 12 Distibutary- 7 98 90.7 10 9.3 108 13 Distibutary- 8 47 92.2 4 7.8 51 14 Machhagaon Main Canal (Biluakhai) 52 86.7 8 13.3 60 15 Machhagaon Main Canal (Balikuda) 90 97.8 2 2.2 92 16 Machhagaon Main Canal (Jagatsinghpur) 120 96.8 4 3.2 124 Total 811 90.1 89 9.9 900 Source: DSC-EES Census Survey, 2012

3.4 Vulnerable Groups

25. 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 a development project. These groups include:

(a) Those who are below the poverty line (BPL); (b) Those who belong to tribal groups or scheduled tribes (ST) (c) Those who belong to scheduled castes (SC) (d) Female-headed households (FHH); (e) Elderly and (f) Disabled persons

26. In the subproject location, the EES census survey has brought forth that of the900 households that would be affected by way of the project, 21% (189 HH) of them suffer from any one of above said disabilities. Table 3.2 enumerates the same.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.2: Distribution of Vulnerable households by Canals and Categories Type of Vulnerability Female headed Marginal Disabled- Sl. No Name of Canal HH ST farmer BPL only adult SC Elderly Total 1 Bhagalpur 0 2 Distibutary – 15 2 2 2 6 3 Distibutary - 15 A 0 4 Distibutary – 16 1 5 6 5 Distibutary- 19 A 1 2 1 21 25 6 Distibutary- 19 M 1 1 17 19 7 Distibutary- 10 1 21 6 1 29 8 Distibutary- 10 H 1 1 9 Distibutary- 13 0 10 Distibutary- 13 C 1 1 11 Distibutary- 2 0 12 Distibutary- 7 1 5 6 13 Distibutary- 8 4 4 Machhagaon Main 14 Canal (Biluakhai) 1 1 2 Machhagaon Main 15 Canal (Balikuda) 2 1 7 1 16 5 32 Machhagaon Main 16 Canal (Jagatsinghpur) 12 18 10 14 4 58 Total 20 39 4 9 12 93 12 189 Source: DSC Census Survey, 2012 Note:- BPL-BelowPoverty Line, FHH-Female Headed Household, SC- Scheduled Castes, ST-Scheduled Tribe.

27. As seen in the above table (Table 3.2), of the 189 HHs who suffer from vulnerabilities, it is pertinent to note that 29% of them suffer from multiple types of vulnerabilities while 49% of them belong to the SC group of population. Only 39 HH of the 189 affected units ST households and belong to local Tribe. Further, 11% of the total households who belong to the vulnerable groups are headed by women and thus classified as Female Headed Households.

28. Both Machhagaon Main Canal (Jagatsinghpur) and Balikuda) account for 58 and 32 HH each of the 189 HH belonging to the vulnerable groups while Bhagalpur, Distibutary- 15 A, 13 and 2 accounts for no affected units. The rest of the canal and distributary, account for less than 10 HH each who suffer from any of the said vulnerabilities.

3.5 Type of Family

29. In the sub project location of Machhagaon, it has been seen that the inhabitants on the embankment or on either side of it are largely migrant population from different parts of the district as well as nearby districts who migrated in search of employment opportunities. Thus majority of the affected units are nuclear type of families as seen by the data brought forth by the EES census survey.

30. As seen in Table 3.3, 84% of the 787 affected units (excluding 89 CPR and 24 absentee households) live in the nuclear family system while only 15% of them live in joint family

ADB Financed Machhagaon Resettlement Plan (RP)

system. Joint family system is a traditional type of family wherein parents and their children's families often live under a single roof. Only 1% of the households affected by way of the project live in extended families wherein 10 or more members live together. It has been seen that the average family size is 4.5.

Table 3.3: Distribution of Family Types by Canal Family type Sl. No Name of Canal Joint Nuclear Extended Total 1 Bhagalpur 33.3 66.7 6 2 Distibutary - 15 35.7 57.1 7.1 14 3 Distibutary - 15 A 10.0 60.0 30.0 10 4 Distibutary - 16 25.0 75.0 8 5 Distibutary- 19 A 9.0 91.0 78 6 Distibutary- 19 M 5.3 94.7 38 7 Distibutary- 10 15.8 82.7 1.4 139 8 Distibutary- 10 H 4.0 94.0 2.0 50 9 Distibutary- 13 18.2 81.8 11 10 Distibutary- 13 C 100.0 6 11 Distibutary- 2 17.1 82.9 35 12 Distibutary- 7 12.4 86.6 1.0 97 13 Distibutary- 8 8.5 91.5 47 Machhagaon Main Canal 14 (Biluakhai) 21.2 78.8 52 15 Machhagaon Main Canal (Balikuda) 44.8 55.2 87 Machhagaon Main Canal 16 (Jagatsinghpur) 3.7 95.4 0.9 109 Total 121 657 9 787 % age 15.4 83.5 1.1 100.0 Source: DSC EES Survey, 2012

3.6. Primary Source of Income

31. Machhagaon an urban town in Jagatsinghpur and the main economic activities in the district are dominated by small business and trade. As aforementioned, the large parts of the population affected by the project are migrant workers whose main source of income has been found to be non agriculture labour during the EES census survey. They earn their primary source of income as daily wage earners employed in the numerous local industries and as rickshaw pullers. 15% of the total affected unitsdepend on agriculture and non agriculture labour for primary source of income.

32. 58% of the affected units are engaged in trade or business practices like grocery shops, dhabas etc and depend on the same for earning their primary source of income. Other major sources of income include allied agriculture (like fishing), dairy, professional services rendered like teaching which have been the primary source of income for the affected units.

33. Table 3.4 enumerates the different primary sources of income of the 786 affected units Canal/distributary wise. It is pertinent to note that none of the affected unitsdepends

ADB Financed Machhagaon Resettlement Plan (RP)

on trade and business and non-agricultural activity for earning their primary source of income as the subproject location is an urban town and mostly inhabited by migrant workers largely engaged as non agriculture labourers.

Table 3.4: Distribution of Income Source by Canals/Distributary Primary source income Gov Agrl Non HH Trade t. Pvt. lab agrl Don Sl. Agricu Allied indu /busin Profes serv serv our labour atio Beg No Name of Canal lture Agrl Diary stry ess sion ice ice er er n ging Total 1 Bhagalpur 16.7 16.7 16.7 50.0 6 2 Distibutary – 15 7.1 78.6 7.1 7.1 14 3 Distibutary - 15 A 70.0 30.0 10 4 Distibutary – 16 87.5 12.5 8 5 Distibutary- 19 A 32.1 1.3 2.6 62.8 1.3 78 6 Distibutary- 19 M 28.9 5.3 39.5 23.7 2.6 38 7 Distibutary- 10 2.2 0.7 70.3 6.5 1.4 18.8 138 8 Distibutary- 10 H 48.0 46.0 4.0 2.0 50 9 Distibutary- 13 36.4 63.6 11 10 Distibutary- 13 C 33.3 66.7 6 11 Distibutary- 2 28.6 2.9 45.7 11.4 11.4 35 12 Distibutary- 7 52.6 1.0 20.6 3.1 1.0 21.6 97 13 Distibutary- 8 14.9 80.9 2.1 2.1 47 Machhagaon Main 14 Canal (Biluakhai) 13.5 5.8 75.0 5.8 52 Machhagaon Main 15 Canal (Balikuda) 98.9 1.1 87 Machhagaon Main 16 Canal (Jagatsinghpur) 35.8 11.0 0.9 0.9 45.0 6.4 109 Total 18.6 0.3 1.1 0.1 58.4 4.5 0.1 0.1 5.5 9.3 0.1 1.9 786 Source: DSC EES Survey, 2012

3.7. Total Annual Income

34. Following from the above (Table 3.4), wherein it has been found that the 10% HH of the 786 affected units depend on non agriculture labour for earning their primary source of income, the EES census survey has brought forth that the annual income of 63% of the total affected units is less than Rs 25000 (The average wage earned by a daily wage earner is approximately Rs 120). Another 24% of the affected units earn an annual income in the slab of Rs 25001 -45000. Only 4% of the 786 affected units earn more than Rs 1 lakh annually in the subproject location. Table 3.5 illustrates the distribution of annual income of the units affected by way of the project.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.5 Distribution of Total Income by Canals Annual Income (Rs.) Sl. 25001- 45001- 65001- 85001- No Name of Canal <25000 45000 65000 85000 1 lakh >1 lakh Total 1 Bhagalpur 66.7 33.3 6 2 Distibutary - 15 42.9 42.9 14.3 14 3 Distibutary - 15 A 70.0 30.0 10 4 Distibutary – 16 25.0 62.5 12.5 8 5 Distibutary- 19 A 67.9 28.2 2.6 1.3 78 6 Distibutary- 19 M 92.1 7.9 38 7 Distibutary- 10 34.1 21.0 23.9 3.6 1.4 15.9 138 8 Distibutary- 10 H 90.0 8.0 2.0 50 9 Distibutary- 13 81.8 18.2 11 10 Distibutary- 13 C 100.0 6 11 Distibutary- 2 65.7 25.7 5.7 2.9 35 12 Distibutary- 7 84.5 13.4 2.1 97 13 Distibutary- 8 76.6 19.1 4.3 47 Machhagaon Main 14 Canal (Biluakhai) 71.2 23.1 3.8 1.9 52 Machhagaon Main 15 Canal (Balikuda) 5.7 62.1 23.0 5.7 3.4 87 Machhagaon Main 16 Canal (Jagatsinghpur) 88.1 11.9 109 Total 62.7 23.7 8.1 1.5 0.4 3.6 786 Source: DSC EES Census Survey, 2012

3.8 Categorisation of affected units

35. In Machhagaon subproject location, the data from the resettlement census survey conducted in December 2012 has brought forth that 38% of the 900 affected units stand to bear a direct impact on their residential assets by way of the project. Commercial assets of 53% of the affected units would be impacted while for 10% of the total affected units were CPRs would be impacted. There is no impact on agriculture land in Machhagaon canal system.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.6 Type of Losses

Type of Loss Residential Commercial CPR Total Sl. No Name of Canal No % No % No % No % 1 Bhagalpur 4 44.4 2 22.2 3 33.3 9 100.0 2 Distibutary - 15 3 21.4 10 71.4 1 7.1 14 100.0 3 Distibutary - 15 A 0 0.0 7 70.0 3 30.0 10 100.0 4 Distibutary - 16 1 11.1 8 88.9 0 0.0 9 100.0 5 Distibutary- 19 A 21 21.6 61 62.9 15 15.5 97 100.0 6 Distibutary- 19 M 20 43.5 18 39.1 8 17.4 46 100.0 7 Distibutary- 10 81 51.6 60 38.2 16 10.2 157 100.0 8 Distibutary- 10 H 27 42.2 29 45.3 8 12.5 64 100.0 9 Distibutary- 13 4 36.4 7 63.6 0 0.0 11 100.0 10 Distibutary- 13 C 2 22.2 4 44.4 3 33.3 9 100.0 11 Distibutary- 2 16 41.0 19 48.7 4 10.3 39 100.0 12 Distibutary- 7 76 70.4 22 20.4 10 9.3 108 100.0 13 Distibutary- 8 9 17.6 38 74.5 4 7.8 51 100.0 Machhagaon Main 14 Canal (Biluakhai) 10 16.7 42 70.0 8 13.3 60 100.0 Machhagaon Main 15 Canal (Balikuda) 0 0.0 90 97.8 2 2.2 92 100.0 Machhagaon Main Canal 16 (Jagatsinghpur) 64 51.6 56 45.2 4 3.2 124 100.0 Total 338 37.6 473 52.6 89 9.9 900 100.0 Source: DSC EES Survey, 2012

3.9. Ownership Pattern of the Assets

36. The EES census survey carried forth in December 2012 in Machhagaon has identified 900 households who would bear a direct impact on their assets. However it is significant to note that none of the affected assets belong to titleholders. This is primarily because; the land on the canal side belongs to the Government and the Water Resources Department.

37. As seen in table 3.7, there are 900 affected units. 338 (37.6%) units are residential holdings, 473 (52.6%) units are commercial holdings and 89 (9.9%) units are commonly used properties (CPRs). These units belong to non titleholders who are mainly squatters settled on either side of the embankment on the Government ROW. The CPRs are in the form of temples, religious place, club etc.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.7:Distribution of Ownership Pattern of Assets by Canal/Distributary

Affected Category Squatters CPR Total Sl. No Name of Canal No % No % No 1 Bhagalpur 6 66.7 3 33.3 9 2 Distibutary - 15 13 92.9 1 7.1 14 3 Distibutary - 15 A 7 70.0 3 30.0 10 4 Distibutary - 16 9 100.0 0 0.0 9 5 Distibutary- 19 A 82 84.5 15 15.5 97 6 Distibutary- 19 M 38 82.6 8 17.4 46 7 Distibutary- 10 141 89.8 16 10.2 157 8 Distibutary- 10 H 56 87.5 8 12.5 64 9 Distibutary- 13 11 100.0 0 0.0 11 10 Distibutary- 13 C 6 66.7 3 33.3 9 11 Distibutary- 2 35 89.7 4 10.3 39 12 Distibutary- 7 98 90.7 10 9.3 108 13 Distibutary- 8 47 92.2 4 7.8 51 14 Machhagaon Main Canal (Biluakhai) 52 86.7 8 13.3 60 15 Machhagaon Main Canal (Balikuda) 90 97.8 2 2.2 92 16 Machhagaon Main Canal (Jagatsinghpur) 120 96.8 4 3.2 124 Total 811 90.1 89 9.9 900 Source: DSC EES Survey, 2012

3.10. Impact on Residential Assets

38. The project would affect 338 residential assets belonging to non titleholders (mainly squatters) in Machhagaon across the 4 sub-divisions of main and distributary canal system. As seen in the following table (Table 3.8), 70% of the affected residential assets are in Distributary 7 while Distributary 10 accounts for 52% of them. 45% of theaffected residential assets are in Bhagalpur canal while rest of the distributary account between 10-30 percent of the affected residential assets each.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.8: Canal/Distributarywise Distribution of theAffected Residential HHs

Type of Loss Residential Sl. No Name of Canal No 1 Bhagalpur 4 2 Distibutary – 15 3 3 Distibutary - 15 A 0 4 Distibutary – 16 1 5 Distibutary- 19 A 21 6 Distibutary- 19 M 20 7 Distibutary- 10 81 8 Distibutary- 10 H 27 9 Distibutary- 13 4 10 Distibutary- 13 C 2 11 Distibutary- 2 16 12 Distibutary- 7 76 13 Distibutary- 8 9 14 Machhagaon Main Canal (Biluakhai) 10 15 Machhagaon Main Canal (Balikuda) 0 16 Machhagaon Main Canal (Jagatsinghpur) 64 Total 338 Source: DSC Census Survey, 2012

3.11 Type of Construction

39. As seen in table 3.9, majority of the affected residential assets are of the kutcha type of construction which is basically thatched houses. The census survey has identified that 77% of the 338 affected residential assets are of the kutcha type. 77 affected residential assets are of the Semi Pucca type i.e. these houses have mud plastered walls usually with a tin/abstors roof. Further 1 of the residential assets are of the Pucca (1 Floor) type implying that they have bricked walls but not necessarily having a cemented or concrete roof.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.9 Type of Affected Houses by Construction Materials

Construction Type of affected Structure Sl. Pucca-1st No Name of Canal Kutcha Semi-pucca floor Total 1 Bhagalpur No 3 1 0 4 % 75.0 25.0 0 100.0 2 Distibutary - 15 No 2 1 0 3 % 66.7 33.3 0 100.0 Distibutary - 15-A No 0.0 0.0 0 0.0 % 0.0 0.0 0.0 0.0 3 Distibutary - 16 No 1 0 0 1 % 100.0 0 0 100.0 4 Distibutary- 19 A No 21 0 0 21 % 100.0 0 0 100.0 5 Distibutary- 19 M No 19 1 0 20 % 95.0 5.0 0 100.0 6 Distibutary- 10 No 35 46 0 81 % 43.2 56.8 0 100.0 7 Distibutary- 10 H No 23 4 0 27 % 85.2 14.8 0 100.0 8 Distibutary- 13 No 1 3 0 4 % 25.0 75.0 0 100.0 9 Distibutary- 13 C No 2 0 0 2 % 100.0 0 0 100.0 10 Distibutary- 2 No 11 5 0 16 % 68.8 31.3 0 100.0 11 Distibutary- 7 No 67 8 1 76 % 88.2 10.5 1.3 100.0 12 Distibutary- 8 No 2 7 0 9 % 22.2 77.8 0 100.0 Machhagaon Main 13 Canal (Biluakhai) No 9 1 0 10 % 90.0 10.0 0 100.0 Machhagaon Main 14 Canal (Balikuda) No 0 0 0 0 % 0.0 0 0 0.0 Machhagaon Main 15 Canal (Jagatsinghpur) No 64 0 0 64 % 100.0 0 0 100.0 Total (N) No 260 77 1 338 % % 77.1 22.6 0.3 100.0 Source: DSC EES Census Survey, 2012

ADB Financed Machhagaon Resettlement Plan (RP)

3.12 Extent of Loss and Severity of Impact

40. All sub-projects under Tranche-2 has been categorized as A for the IR safeguard.EES census survey carried forth in Machhagaon canal system has brought forth that all the 811 affected units are owned by people who have their own ancestralproperty (house and cultivable land in their respective villages irrigated by Machhagaon canal system). The units thatcater to the urban consumers and provide ready access to labour market in the nearby city.There are approximately 338 affected dwelling units of total 900 units having mud houses (kutchha) illegally constructed (squatting and encroaching) in the canal embankment and RoW. Out of which 23 units (97 affected persons) appears to be economically vulnerable (equivalent to BPL category) and physically displaced from housing and mayface significant impact when asked to relocate. Rest of the units can easily shift to their own land or other suitable land with some form of financial assistance. The provision has been made in the Entitlement Matrix for compensation. (Table-4.1)

41. The number of affected dwelling units numbering 900 APs which will not be salvable is some 75% of the residential assets as enumerated. The affected persons will be provided with some form of financial assistance to reconstruct or re-locate (shift) the dwellings and income generation. Table 3.10 Presents the severity of impact on the affected residential assets.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.10 Severity of Impact on Affected Houses Severity of loss Liveable Non-liveable Total Sl. No. Name of Canal No % No % No % 1 Bhagalpur 3 75.0 1 25.0 4 100.0 2 Distibutary – 15 1 33.3 2 66.7 3 100.0 3 Distibutary - 15 A 0 0.0 0 0.0 0 0.0 4 Distibutary – 16 0 0.0 1 100.0 1 100.0 5 Distibutary- 19 A 6 28.6 15 71.4 21 100.0 6 Distibutary- 19 M 1 5.0 19 95.0 20 100.0 7 Distibutary- 10 40 49.4 41 50.6 81 100.0 8 Distibutary- 10 H 3 11.1 24 88.9 27 100.0 9 Distibutary- 13 4 100.0 0 0.0 4 100.0 10 Distibutary- 13 C 0 0.0 2 100.0 2 100.0 11 Distibutary- 2 11 68.8 5 31.3 16 100.0 12 Distibutary- 7 9 11.8 67 88.2 76 100.0 13 Distibutary- 8 7 77.8 2 22.2 9 100.0 14 Machhagaon Main Canal (Biluakhai) 0 0.0 10 100.0 10 100.0 15 Machhagaon Main Canal (Balikuda) 0 0.0 0 0.0 0 0.0 16 Machhagaon Main Canal (Jagatsinghpur) 1 1.6 63 98.4 64 100.0 Total 86 25.4 252 74.6 338 100.0 Source: DSC EES Census Survey, 2012

3.13 Impact on Commercial Asset

42. Apart from the impact on the residential assets of the affected units in Machhagaon, the project would also have a direct bearing on 473 commercial assets operational across the embankment. All these commercial enterprises belong to non titleholders mainly squatters using the Government land for operating the same.

43. As can be seen from Table 3.12 below, 19% of the affected commercial enterprises are operational in Main Canal (Balikuda) while 13% of them are in Distributary 19-A.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.12: Canal/Distributary wise Distribution of the Affected Units Commercial Sl. No Name of Canal No % 1 Bhagalpur 2 0.4 2 Distibutary – 15 10 2.1 3 Distibutary - 15 A 7 1.5 4 Distibutary – 16 8 1.7 5 Distibutary- 19 A 61 12.9 6 Distibutary- 19 M 18 3.8 7 Distibutary- 10 60 12.7 8 Distibutary- 10 H 29 6.1 9 Distibutary- 13 7 1.5 10 Distibutary- 13 C 4 0.8 11 Distibutary- 2 19 4.0 12 Distibutary- 7 22 4.7 13 Distibutary- 8 38 8.0 14 Machhagaon Main Canal (Biluakhai) 42 8.9 15 Machhagaon Main Canal (Balikuda) 90 19.0 16 Machhagaon Main Canal (Jagatsinghpur) 56 11.8 Total 473 100.0 Source: Census Survey, 2012

3.14. Usage of the Commercial Enterprises

44. It has been brought forth in the data from the EES census survey that more than 90% of the affected commercial enterprises are run as shops selling grocery goods and general household items. Further 10% of them are Gumti’s or kiosks which are small shops selling confectionaries. Table 3.13 details out the usage of the affected commercial enterprises canal/distributary wise.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.13: Canal/Distributary wise Distribution of the Affected Commercial Enterprises Usage

Sweet Grocery meat Gumti/ Worksh Milk Cow Dairy Sl. No Name of Canal shop stall Dhaba Kiosk op Shop booth Hotel shed farm Total (N) 1 Bhagalpur 100.0 2 2 Distibutary – 15 100.0 10 3 Distibutary - 15 A 100.0 7 4 Distibutary – 16 100.0 8 5 Distibutary- 19 A 1.8 1.8 94.6 1.8 61 6 Distibutary- 19 M 5.6 83.2 5.6 5.6 18 7 Distibutary- 10 1.7 1.7 1.7 10.0 76.5 1.7 6.7 60 8 Distibutary- 10 H 3.4 3.4 89.8 3.4 29 9 Distibutary- 13 100.0 7 10 Distibutary- 13 C 100.0 4 11 Distibutary- 2 5.3 5.3 89.4 19 12 Distibutary- 7 13.6 4.5 72.7 9.2 22 13 Distibutary- 8 2.6 97.4 38 Machhagaon Main Canal 14 (Biluakhai) 2.4 97.6 42 Machhagaon Main Canal 15 (Balikuda) 1.2 1.2 95.2 1.2 1.2 90 Machhagaon Main Canal 16 (Jagatsinghpur) 3.6 1.8 92.8 1.8 56 Total 2.6 0.9 0.2 0.4 2.2 90.7 1.1 1.3 0.4 0.2 473 Source: DSC EES Survey, 2012

3.15 Type of Construction

45. As can be seen below (Table 3.14), majority of the affected commercial assets are made of the kutcha type of construction i.e. they are thatched structures. 62 of the 70 affected commercial assets have been found to be of the kutcha type while 5 are of the Semi Pucca construction type (structures which have mud plastered walls usually with a tin roof). Only 1 commercial enterprise is of the Pucca (1 Floor) type which is made of bricked walls but not necessarily with a cemented or concrete roof.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.14 Type of Affected Commercial Enterprises by Construction Materials Construction type Sl. No Name of Canal Kuttacha Semi-pucca Pucca-1st floor Total 1 Bhagalpur 100.0 2 2 Distibutary - 15 100.0 10 3 Distibutary - 15 A 100.0 7 4 Distibutary - 16 85.7 14.3 8 5 Distibutary- 19 A 94.7 5.3 61 6 Distibutary- 19 M 89.0 5.5 5.5 18 7 Distibutary- 10 78.3 21.7 60 8 Distibutary- 10 H 96.5 3.5 29 9 Distibutary- 13 71.4 28.6 7 10 Distibutary- 13 C 100.0 4 11 Distibutary- 2 73.5 10.6 15.9 19 12 Distibutary- 7 72.7 22.7 4.6 22 13 Distibutary- 8 84.2 15.8 38 14 Machhagaon Main Canal (Biluakhai) 83.3 16.7 42 15 Machhagaon Main Canal (Balikuda) 76.7 18.6 4.7 90 16 Machhagaon Main Canal (Jagatsinghpur) 96.2 3.8 56 Total (N) 386 69 9 473 % age 83.2 14.9 1.9 100.0 Source: DSC EES Survey, 2012

3.16 Extent of Loss and Severity of Impact

46. Among the 473 affected commercial enterprises in Machhagaon, the EES census survey has brought forth that in 99% of them except one, the main structure would be affected by the Project. Only in 1% of the commercial enterprise, the project would impact its boundary wall.

47. Further, 99% of the affected commercial enterprises would be rendered non functional due to the Project as they would be severely impacted.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.15 Severity of Impact on Affected Commercial Enterprises Severity of loss Sl. No Name of Canal Functional Non-Functional Total (N) 1 Bhagalpur 100.0 2 2 Distibutary – 15 100.0 10 3 Distibutary - 15 A 100.0 7 4 Distibutary – 16 100.0 8 5 Distibutary- 19 A 100.0 61 6 Distibutary- 19 M 100.0 18 7 Distibutary- 10 6.7 93.3 60 8 Distibutary- 10 H 100.0 29 9 Distibutary- 13 100.0 7 10 Distibutary- 13 C 100.0 4 11 Distibutary- 2 5.2 94.7 19 12 Distibutary- 7 100.0 22 13 Distibutary- 8 100.0 38 14 Machhagaon Main Canal (Biluakhai) 100.0 42 15 Machhagaon Main Canal (Balikuda) 100.0 90 16 Machhagaon Main Canal (Jagatsinghpur) 100.0 56 Total (N) 5 459 473 % age 1.1 98.9 100.0 Source: DSC EES Survey, 2012

3.17 Presence of Employees

48. During the EES census survey it was found that in 24 of the affected commercial asset, there were employees. Provisions have been incorporated for them in the RP (Table- 3.16).

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.16: Presence of Employees Employees (in %) Sl. No Name of Canal Yes No NA Total (N) 1 Bhagalpur 100.0 2 2 Distibutary – 15 100.0 10 3 Distibutary - 15 A 100.0 7 4 Distibutary – 16 100.0 8 5 Distibutary- 19 A 98.2 1.8 61 6 Distibutary- 19 M 100.0 18 7 Distibutary- 10 15.0 80.0 5.0 60 8 Distibutary- 10 H 96.5 3.5 29 9 Distibutary- 13 100.0 7 10 Distibutary- 13 C 100.0 4 11 Distibutary- 2 100.0 19 12 Distibutary- 7 4.5 95.4 22 13 Distibutary- 8 2.6 97.4 38 14 Machhagaon Main Canal (Biluakhai) 2.4 97.6 42 15 Machhagaon Main Canal (Balikuda) 14.0 84.9 1.1 90 16 Machhagaon Main Canal (Jagatsinghpur) 87.5 12.5 56 Total (N) 24 427 13 473 % age 5.1 90.3 2.7 100 Source: DSC EES Survey, 2012

3.18 Loss of Common Property Resources (CPRs)

49. In every village there are some resources which belong to the community as a whole and are classified as Common Property Resources (CPRs). In the project area, 89 such CPRs would be affected as a result of the Project. These 89 CPR’s are spread across in all main and distributary canals except Distributary 13 & 16. It is pertinent to note of the 89 CPR’s affected, 40 temples, 35 community center and club, 2 HT line, 9 power transformer, 4 public roads.

50. According to the trustees and other concerned persons of the temples, they have opined that the project should relocate the affected temples. Table 3.17 enumerates the canal/distributary wise distribution of the CPR’s.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.17: Loss of Other Assets

Common Property Resources (CPRs) Sl. No Name of Canal Nos % 1 Bhagalpur 3 3.4 2 Distibutary – 15 1 1.1 3 Distibutary - 15 A 3 3.4 4 Distibutary – 16 0 0.0 5 Distibutary- 19 A 15 16.9 6 Distibutary- 19 M 8 9.0 7 Distibutary- 10 16 18.0 8 Distibutary- 10 H 8 9.0 9 Distibutary- 13 0 0.0 10 Distibutary- 13 C 3 3.4 11 Distibutary- 2 4 4.5 12 Distibutary- 7 10 11.2 13 Distibutary- 8 4 4.5 14 Machhagaon Main Canal (Biluakhai) 8 9.0 15 Machhagaon Main Canal (Balikuda) 2 2.2 16 Machhagaon Main Canal (Jagatsinghpur) 4 4.5 Total 89 100.0 Source: DSC EES Survey, 2012

3.19 Perceived Impacts of the Project

51. During the EES census survey, it was found that the affected community perceived the project as beneficial to the entire community in terms of protection from floods and increased mobility. However they also asserted that the project would mean loss of assets for many. Considering that all the affected persons were non titleholders or tenants, loss of assets meant further deprivation and marginalization.

3.20 Alternate Income Restoration Support

52. The data from the census survey has brought forth that 79%HH opted for business activity as alternate income restoration support as they stand to lose a significant part of their productive assets. Of these 811 HH, more than half are from Distributary-10, 7 and Main canal. Table 3.18 enumerates the number of affected units eligible for income restoration support canal/distributary wise.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 3.18: Alternate Income Restoration Support Alternate Livelihood options Place Shifted Agricult for to other A shop in Residen ure Non-agril Busines worksh Flower nearby a same tial plot Sl. No Name of Canal based based s op shop location locality of land Dairy Total 1 Bhagalpur 83.3 16.7 6 2 Distibutary - 15 76.9 23.1 23.1 13 3 Distibutary - 15 A 100.0 7 4 Distibutary - 16 77.8 22.2 22.2 9 5 Distibutary- 19 A 3.6 3.6 89.0 3.6 82 6 Distibutary- 19 M 7.9 78.9 38 7 Distibutary- 10 2.8 5.6 80.1 1.4 1.4 5.7 5.8 141 8 Distibutary- 10 H 3.5 85.7 10.7 10.7 56 9 Distibutary- 13 90.9 9.1 9.1 11 10 Distibutary- 13 C 83.3 16.7 16.7 6 11 Distibutary- 2 80.0 35 12 Distibutary- 7 8.2 81.6 2.1 2.1 8.2 98 13 Distibutary- 8 4.3 89.3 47 Machhagaon Main 14 Canal (Biluakhai) 9.6 84.6 5.8 52 Machhagaon Main 15 Canal (Balikuda) 62.2 8.9 1.1 1.1 7.8 7.8 6.7 90 Machhagaon Main 16 Canal (Jagatsinghpur) 6.7 72.5 7.5 5.0 2.5 120 811 Total (%age) 1.2 5.3 79.5 2.6 0.6 1.7 4.2 2.5 2.3 (100.0) Source: DSC EES Survey, 2012

53. According to these 811 HH who would bear a significant impact on their productive assets and thereby are eligible for income restoration support, they have voiced their need for timely and adequate compensation along with other assistances so as to relocate their assets as soon as possible and restore their incomes and livelihoods.

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 4 Resettlement Policy Framework and Entitlement Matrix

54. This chapter describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The principles are derived from ADB Policy on Involuntary Resettlement (1995), Operations Manual F2 (2006) as well as the Land Acquisition Act (1894) and National R&R Policy (Govt. of India, 2007). The principles adopted for the project comply with the social safeguard requirements of ADB. .

4.1. LA Act and GOI National R&R Policy

55. In India, compensation for land acquisition and resettlement assistance for project- affected people is generally governed by the Land Acquisition Act (1894), which has been amended from time to time. The Act has no provision for resettlement assistance and benefits particularly for people without titles or ownership records such informal settlers. The revised NPRR (2007) covers gaps not addressed in the LA Act and aims to minimize displacement and promote, as far as possible, non-displacing or least displacing alternatives. The policy also aims to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of those affected and recognizes the need for protecting the weaker sections of the society especially members of the Scheduled Castes and Scheduled Tribes.

56. The policy also recognizes non-titleholders such as any agricultural or non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years as affected families. The policy further makes provisions for public disclosures of draft R&R Plans to the community, grievance redress procedures and monitoring & evaluation.

4.2. Gaps and Project-specific Actions

57. The revised NPRR (2007) meets the ADB policy requirements. The RP for the Subproject has adopted the following measures (i) RP requires to minimize impacts through alternative design/choices of subproject; (ii) RP requires both compensation and resettlement assistance/benefits, including replacement cost for acquired assets; (iii) RP based on full census of affected units (both titled and non-titled); (iv) RP has provisions for income restoration and livelihood programs, particularly for vulnerable households, in post- resettlement period; (v) RP contains an inclusive entitlement matrix; (vi) RP is based on consultation with affected communities and also has specific provisions for further consultation,disclosure of RP and involvement of APs during RP implementation; and (vii) RP lays down provisions for both internal and external monitoring by specialists.

4.3. LA & Resettlement – Policy Framework

58. Based on the review of both ADB and GOI policies, the policy framework for the Project includes the following elements:

a) As a matter of policy, land acquisition, and other involuntary resettlement impacts would be minimized as much as possible;

ADB Financed Machhagaon Resettlement Plan (RP)

b) Any land acquisition and/or resettlement will be carried out and compensation provided in order to improve or at least restore the pre-project income and living standards of the affected people;

c) All information related to resettlement preparation and implementation will be disclosed to all concerned, and people’s participation will be ensured in planning and implementation of the project;

d) All land acquisition would be as per the Land Acquisition Act, 1894 which provides for compensation for properties to be acquired. The persons affected by the project who do not own land or other properties, but who have economic interest or lose their livelihoods will be assisted as per the broad principles brought out in this policy.

e) Payment of compensation for acquired assets at replacement cost;

f) Payment of compensation for lost land, housing, assets and resettlement allowances in full prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities;

g) All compensation and other assistances will be paid to all APs prior to commencement of civil works on the site acquired.

h) Broad entitlement framework of different categories of project-affected people has been assessed and is given in the Entitlement Matrix. Provisions will be kept in the budget for those who were not present at the time of the survey. However, anyone moving into the subproject area after the cut-off date will not be entitled to assistance.

i) Income restoration and rehabilitation; andWhile compensation is required prior to dispossession or displacement of affected people from their assets, the full RP implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

j) All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.

k) Appropriate grievances redress mechanism to ensure speedy resolution of disputes.

59. The above principles and resettlement procedural guidelines shall apply to this project under the loan in compliance with the GOI national and ADB policies so as to ensure that persons affected by land acquisition and/or involuntary resettlement will be eligible for appropriate compensation and rehabilitation assistance.

ADB Financed Machhagaon Resettlement Plan (RP)

4.4. Entitlement Matrix

60. In accordance with the policy framework adopted in this project, all affected units will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. In general terms, the affected persons in the project will be entitled to five types of compensation and assistance:

(i) compensation for loss of land, trees at replacement cost; (ii) compensation for structures (residential/residential cum commercial) and other immovable assets at replacement cost; (iii) assistance for loss of business/wage income; (iv) assistance for shifting; (v) rebuilding and/or restoration of community resources/facilities and (vi) special additional assistance for vulnerable16 households

61. The ADB Policy requires compensation for the lost assets at the current replacement cost to both titled and non-title holders and resettlement assistance for lost income and livelihoods. In this subproject, the absence of formal titles will not constitute a bar to resettlement assistance and rehabilitation. Based on the inventory of losses, an entitlement matrix has been developed, which recognizes and lists various types of losses resulting out of the subproject. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits.

62. As per the Entitlement Matrix (Table 4.1), the affected people will receive compensation for assets at the replacement cost. In case of loss of frontage/structure, the affected units will be allowed to take the salvageable at no extra costs. The entitlements have been decided in consultation with the community and the various stakeholders. The groups of population are considered socially ‘vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. However, no assistance will be paid to squatters, who are not socio-economically vulnerable and do not fall in the vulnerable category as defined under the RP. The shifting allowance has been fixed in consultation with the communities and local prevalent rates, which were found acceptable to the affected units.

ADB Financed Machhagaon Resettlement Plan (RP)

Table 4.1: Entitlement Matrix

Type of Loss Identification of Entitlement Details Affected Households

A:LOSSESOFNON-TITLEHOLDERS

1. Loss of structure Squatters No compensation a).Squatters will be notified and give one (immovable assets for land but month time to remove their assets. constructed by squatters assistance for and squatters) assets to b).Compensation for affected structures to the vulnerable groups vulnerable households

c).Right to salvage material from demolished structure at no cost.

Squatters and No compensation Squatters will be notified of a time in which informal settlers for land but to remove their assets that will be affected. compensation for Right to salvage material from demolished structure at structure at no cost. replacement cost Compensation for loss of structure at and other replacement cost to be paid by the Project. assistance A lump sum transfer grant of an amount of Rs.2,000 for shifting households’ assets and other belonging to the new area.

ADB Financed Machhagaon Resettlement Plan (RP)

Type of Loss Identification of Entitlement Details Affected Households

B: LOSS OFLIVELIHOOD SOURCE 2. Loss of primary Non-titleholders Training No provision source of income for the namely squatters Assistance for non-titleholders [wage and vulnerable income restoration earning employees, squatters losing Assistance @ Rs. 2000 to vulnerable groups and losing the source of income loosing agricultural labour, non- primary source of agricultural labour, significant income as result of the loss and squatters and vulnerable income Becoming vulnerable. Employment opportunity squatters] In the construction work If desired so by them.

Wage earning Transitional a).This is valid for persons indirectly affected employees indirectly assistance due to the employer having being displaced, affected due to onetime payment of 90 days (3 months)of displacement of minimum wages as fixed by the govt. commercial structure

C: LOSS OFCOMMON PROPERTY RESOURCES

3. Loss of Common Affected Cash a).Cash compensation at replacement cost or Property Resources community/Institution compensation/ reconstruction of the community structure in responsible reconstruction consultation with the community

D: ADDITIONAL SUPPORTTOVULNERABLE

4. Additional assistance Households One time Lump a). Additional one-time lump sum assistance of to vulnerable groups categorized as sum assistance Rs. 2,000 per household to vulnerable vulnerable (BPL households. This will be over and above the households, female- other assistance/s as per this framework. headed households, SC/STs, disabled/elderly)

E: OTHER UNANTICIPATED IMPACTS

5. Temporary impact Owner/ Titleholder/ Cash The contractor shall bear the cost of any during construction like traditional rights of compensation for impact on structure or land due to movement disruption of normal the affected plot loss of income of machinery during construction or traffic, damage to Community potential establishment of construction plant. adjacent parcel of land/assets due to Compensation for standing crops and trees as movement of machinery per the market rate and plant site for Restoration of land to its previous or better quality

ADB Financed Machhagaon Resettlement Plan (RP)

Type of Loss Identification of Entitlement Details Affected Households contractor etc The contractor will negotiate a rental rate with the owner for all temporary use of land outside proposed RoW.

6. Any unanticipated Anyunanticipatedconsequenceoftheprojectwillbedocumentedandmitigatedbasedon adverse impact due to the spirit of the principles agreed upon in this policy framework. project intervention

4.5. Cut-off date

63. The cut off date for those who have legal titles of their land/asset is the date of notification of acquisition under the Land Acquisition Act and for those without titles the cut-off will be the date of the EES survey as undertaken from Oct to Dec 2012. People moving into the subproject area after this date will not be entitled for support. During the census survey all the affected assets were covered with the respective Affected Units. In case of absent households, the affected assets too were listed into the database. The census database hence shall act as an instrument to check fresh arrivals and influx, if any, into the affected area. All further claims being made (apart from those listed in census database) shall be verified by the SEIU with assistance from the RP implementing CSO.

4.6. Valuation of affected assets

64. The asset valuation of the acquired land and asset will be done based on the principle of compensation at the replacement cost of the affected asset.

65. Valuation of Structures: The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation. While considering the BSR rate, EA will ensure that it uses the latest BSR for the residential and commercial structures in the state. Compensation for properties belonging to the community or common places of worship will be provided to enable construction of the same at new places through the local self-governing bodies/appropriate authority in accordance with the modalities determined by such bodies / authority to ensure correct use of the amount of compensation.

4.7. Disposal of Acquired Properties

66. The acquired land and properties would vest in the Project paying compensation for such lands/properties. However, even after payment of compensation, APs would be allowed to take away the materials salvaged from their houses and shops etc. acquired by the project and no charges will be levied upon them for the same. A notice to that effect will be issued to take away the materials so salvaged within 48 hours of their demolition, if not taken then the same will be disposed by the project authority without giving any further notice.

ADB Financed Machhagaon Resettlement Plan (RP)

4.8 Income and Livelihood Restoration 67. The resettlement census survey has brought forth that 811affected units are eligible for income restoration support as they would bear a significant impact on their source of income. They all are non title holders who have set up their commercial enterprises like grocery stores, general stores and other basic services (tailoring etc) catering to the needs of the local community. The entitlement matrix has special provisions for income restoration for all these APs. The specific activities for income restoration includes assistance for setting up new commercial units with better inventories catering to local and neighboring communities. Further more than half of the affected units have opined that their eligible member of their families to be provided with vocational training on motor mechanics, driving and tailoring. The RP implementing CSO will devise specific business plans or micro plans for each affected units to set up shops and for imparting vocational skills based on the preference of the affected units. The CSO will be guided by the TOR included as Annex- 3.

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 5 Stakeholder Participation and Consultation

5.1. Consultation Processes

68. In keeping with GOI NPRR (2007) ADB’s Policy on IR (1995) and Public Communication Policy (2005) the affected people have been fully informed and closely consulted during the preparation of the project. The consultation started with social impact assessment phase and will continue throughout the implementation of the Subprojects. Indeed, local stakeholders will be involved with the implementation of the project, including project monitoring results and impacts.

69. During the social assessment, consultation and discussions were held in the major habitations and villages falling along the canal with the project beneficiary families and other stakeholders such as Sarpanch (Village headmen), panchayat members, women, socio economically disadvantaged groups – tribal, elderly, children etc. In addition to this, semi structured interviews and interactions were also undertaken with the local officials from DoWR, Block Development Officer (BDO), Medical and Health Officer and civil society leaders and local school teachers. The various methods employed during the consultation process are mentioned below in Table 5.1.

Table 5.1: Methods employed during the course of the Consultations

Stakeholders Method

Local communities Individual Interviews, field level observations, transect walk, PRA Exercises, communityconsultations & meetings

Sarpanch (local village Small discussions/ individual interview/Village Profiling headman)

Women’s andChildren groups Focus Group Discussionsand PRA Exercises

Other vulnerable groups (ST, Focus Group Discussions Poor)

Small and medium business Focus Group Discussions enterprises

BDO’s,SDO,CircleOfficer, Semi-structured interviews CMO’s,ANM’s

Education & HealthWorkers Semi-structured interviews

Elderly Semi-structured interviews Source: DSC EES Survey, 2012

ADB Financed Machhagaon Resettlement Plan (RP)

5.2. Consultation- Scope and Issues

70. The main objective of the survey team during community consultation was to (a) get a basic understanding of the affected villages in terms of its socio- economic profile; (b) ascertain the views of the APs, with reference to land acquisition and project impacts; (c) To ascertain the views of the affected persons on the project, its relevance in their lives, its benefits and adverse impacts; (d) understand views of the community on Resettlement and Rehabilitation (R&R) issues and rehabilitation options; and (e) to provide an overview and explain the project and the purpose of the assessment and survey.

5.3. Feedback from Community Consultations

71. The project has thus been welcomed by majority of the people of the Subproject area, who clearly see the benefit of these measures in their day to day life. Some of the major highlights of these consultations and discussions are as follows:

Sl. Major Issues discussed Suggestions received Remarks No 1 Relocation of Common Property Joint decision was taken in a Need to be Resources especially Temples/ common forum to relocate discussed Religious Place these temples/religious place with SIOs/ to available Government resolved lands though not very far from its current location for the convenience of the community members. 2 Consent for the strengthening and It would be beneficial for the Resolved widening of the existing entire community and embankment. Jagatsinghpur District as a whole. 3 Compensation and Assistance Unanimously all agreed that Resolved they had to be compensated fairly and on time for each of their asset loss so that they can reconstruct their residential and commercial structures and re-establish their incomes and livelihoods.

4 Vocational Training for Affected To provide financial Resolved persons assistance for enhancement of livelihood programme through conducting different Income Generation training programme. This has been communicated to the APs and budget provision has

ADB Financed Machhagaon Resettlement Plan (RP)

been made.

5.4. Disclosure of RP

72. A summary of this RP will be translated into Oriya language and will be made available to the affected people through local workshop. Copies of summary RP will also be made available at the local level public offices such as revenue offices, Municipal Corporation Offices/Panchayat 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 DoWR and ADB websites.

73. In case of change in subproject design thereby entailing change in resettlement impacts, this RP shall be updated, endorsed and disclosed to the APs and shall then 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 uploaded on the ADB website after ADB review and approval.

5.5. Plans for further Consultation

74. DoWR will undertake additional rounds of consultations with APs prior to and during implementation. A local CSO/agency will be entrusted with the task of 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:

 The SEIU, with CSO/agency assistance, will conduct information dissemination sessions in the subproject 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, a contracted CSO/agency and/or SEIU, Resettlement Officers (ROs) will organize public meetings, and will appraise the communities about the progress in the implementation of subproject works, particularly in areas to be affected by the Project improvement.

 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.

 The SEIU, RO and/or CSO/agency will organize public meetings to inform the community about the payment and assistance paid to the community.

 In addition, regular update of the program and resettlement component of the project will be placed for public display at the subproject offices.

 Lastly, participation of APs will be further ensured through their involvement in the Grievance Redress Committee.

ADB Financed Machhagaon Resettlement Plan (RP)

75. Lastly, EA through SEIU will maintain an ongoing interaction with APs to identify problems and undertake appropriate remedial measures.

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 6 Institutional Arrangements

6.1 Introduction

76. For resettlement planning and successful implementation of RP there will be a set of institutions involved at various levels and stages of the project. The Orissa Resettlement Policy-2006 has its own institutional mechanism for resettlement planning and implementation but the setup is not functional in its all aspects. In the present scenario the institutional mechanism suggested here will be followed for the proposed Project.

77. In addition to PMU, at each subproject level there will be a Social and Environment Implementation unit (SEIU). The role of SEIU in Machhagaon will be to implement the RP with assistance from CSO to ensure the status of Affected Units is either same or better both in social and economic terms.

6.1.1. Resettlement Implementation Officer: The Resettlement Implementation Officer’s will be responsible for:  Ensuring proper implementation of RP.  Preparation of social safeguard requirements for subprojects as per agreed framework and policies.  Identifying critical social issues, if any, in the subproject  Closely working with the CSO to ensure proactive engagement on social issue  Coordinating with sub-projects for assessment, monitoring, and review as required.  Checking the adequacy and effectiveness of safeguard measures taken, if any.

6.1.2. Civil Society Organisation (CSO) as Resettlement and Rehabilitation Implementing Agency : Under the supervision of the PMU R&R Officer and the SEIU's Resettlement Implementation Officer, an implementing CSO will be engaged by the EA of OIIAWMIP, which will play a key role in the RP implementation. Some of the key roles and responsibilities of the CSO will comprise of the following:

 Closely working with affected community and disseminate information to ensure correct and complete information is available to affected units.  To assist RIO in asset acquisition process and disbursement of compensation (making of ID cards etc)  To take lead responsibility in planning and implementing the livelihood activities under the RP  To ensure gender sensitivity and to safeguard interest of poor and marginalized.

ADB Financed Machhagaon Resettlement Plan (RP)

78. The detailed Terms of Reference for the CSO are enclosed as Annex 4.

6.1.3. Grievance Redressal Committee

79. The Grievance Redressal Committee will be constituted at SEIU level comprising of the Project Director, Resettlement Officer, representative from local CSOs, elected representative from Municipality / Panchayat , representatives of affected persons including vulnerable groups and women in the committee. It is proposed GRC will meet regularly (atleast once a month) on a prefixed date. All the grievances of the people will be reviewed and resolved within 6 weeks of the date of submission. Through public consultations and disclosure, the APs will be informed that they have a right to grievance redress. The APs can call upon the support of the CSO to assist them in presenting their grievances or queries to GRC. Figure 6 A illustrates the institutional arrangements with an organogram:-

PD, PMU

R&R In-charge, RS, PMU ISPMC

EE, Machhagaon Sub-project

CSO for RP Field level Affected Implementation worker Units

ADB Financed Machhagaon Resettlement Plan (RP)

6.2. Implementation Schedule

80. It is likely that the overall project will be implemented over a six to eight monthsperiod likely to commence soon after loan approval. As part of advance actions following loan negotiations, the EA will establish the SEIUs, appoint CSO/agency for RP implementation and establish GRC. Prior to implementation of RP and related activities an updation of AP list based on the final detailed design will be undertaken. All compensation and other assistances will be paid to all APs prior to commencement of civil works. Table 6.1below enumerates the RP implementation schedule.

Sl. Months No RP implementation Activities M1 M2 M3 M4 M5 M6 M7 M8 Final List of AP & distribution of ID 1 cards 2 CSO finalisation for RP implementation 3 Payment of compensation for structure 4 Payment of all other eligible assistance Consultation & Grievance redress 6 mechanism 7 Possession of land for civil work Monitoring & Evaluation

Appointment of ISPM R&R Specialist 8 to monitor activities 9 Internal Monitoring by PMU 10 External Monitoring (intermittent)

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 7 Cost Estimate and Budget

81. The following section comprises of the cost estimate for RP implementation. The cost estimate includes all the costs related to land acquisition, compensation, resettlement assistance, transport, monitoring and evaluation. The budget rates, as well as the costs, are based on field-level information and past experience in resettlement management. The cost estimates included in this plan also make adequate provision for contingencies to meet unforeseen expenses (Five per cent).

82. The rates for land, structures, and trees that have been used in the cost estimates prepared in this plan have been derived through rapid appraisal and consultation with local revenue authorities, Affected Units, and recent property sale/transfer to assist in the establishing of the market value for various types of land.The Head of the Household or eligible member in the family will get additional support to undertake any income generation activity in the district/locality under the Training and Exposure budget. Based on this, Table 7.1 lays down the total estimated project budget for the subproject, which is Rs. 8043047.00 ($ 146237).

ADB Financed Machhagaon Resettlement Plan (RP)

Table 7.1: Consolidated RP Implementation budget & Cost Estimates

Total Unit Rate Total No of Assistanc Descriptions Item (in Rs.) Quantity Unit Aus e (Rs.) A. Compensation for Property Kutcha 177.00 5053 sq. mtr. 260 894381 1. Residential Structure Semi-pucca 430.00 1545 sq. mtr. 77 664350 Pucca 1200.00 10 sq. mtr. 1 12000 Sub-Total-1 338 1570731 Kutcha 177.00 5320 sq. mtr. 395 941640 2. Commercial Structure Semi-pucca 430.00 1465 sq. mtr. 69 629950 Pucca 1200.00 140 sq. mtr. 9 168000 Sub-Total-2 473 1739590 Kutcha 177.00 562 sq. mtr. 30 99474 Semi-pucca 430.00 635 sq. mtr. 28 273050 3. Other Assets Pucca-1st floor 1200.00 611 sq. mtr. 30 733200 Pucca-2nd floor 1200.00 10 sq. mtr. 1 12000 Sub-Total-3 89 1117724 Total- A (Sub-total 1+2+3) 900 4428045 B. Livelihood Assistance 4. Assistance to Vulnerable households 2000.00 AUs 189 378000 5. Shifting Allowances 2000.00 AUs 811 1622000

6. Assistance to Employees ([onetime payment of 90 days (3 months) of minimum wages as fixed by the government) 200.00 AUs 24 432000 7. Assistance for Consultation & grievance redrssal 5000.00 Ditributary 16 80000 8. Hiring CSO for RP Implementation 800.00 900 AUs 720000 Total-B 3232000 C. Total (A+B) 7660045 D. Contingency @ 5% of Total C 383002 E. Grand Total (C+D) 8043047

ADB Financed Machhagaon Resettlement Plan (RP)

Chapter 8 Monitoring and Evaluation

8.1 Monitoring in the Project

83. RP implementation for the subproject will be closely monitored by the EA through and will be at the helm of all activities related to the RP implementation. The monitoring mechanism will have a two-tier system at the EA level i.e. Internal Monitoring and External Monitoring.

84. Internal project monitoring and evaluation will be carried out by PMU/SIO and the CSO, covering the implementation progress as well as any updates of the RPs with the progress of the detailed design. An Independent Monitoring and Evaluation Agency (IMEA) will be hired for the external monitoring and evaluation of the project. The internal monitoring by PMU/SIO will include:

 Administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual AP database maintenance, and progress reports;  Socio-economic monitoring: case studies, using baseline information for comparing AP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and  Impact evaluation monitoring: RPIn due course impact indicators will be identified based on which PMU will conduct Impact Evaluation Monitoring.

85. For external project monitoring and evaluation, the PMU will engage qualified and experienced external experts with previous experience in resettlement activities and familiarity with Government and ADB resettlement policy. A budget is already allocated for this vital task. The experts will be engaged with ADB concurrence within three months of the loan effectiveness. The experts will monitor and verify RP implementation to determine whether resettlement goals have been achieved, livelihood and living standards have been restored, and provide recommendations for improvement. They will undertake biannual monitoring and impact evaluation on a sample basis during mid-term and project completion. Monitoring will also ensure recording of AP’s views on resettlement issues such as; AP’s understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redress procedures; and staff competencies. Monitoring and evaluation reports documenting progress on resettlement implementation and RP completion will be provided to PMU who in turn will inform ADB.

8.2 Stages of Monitoring

86. Considering the importance of the various stage of project cycle, the EA will handle the monitoring at each stage as stated below:

8.2.1 Preparatory Stage

87. During the pre-relocation phase of resettlement operation, monitoring is concerned with administrative issues such as, establishment of resettlement unit, budget, land

ADB Financed Machhagaon Resettlement Plan (RP)

acquisition, consultation with APs in the preparation of RP, payments of entitlement due, grievance redressed, and so on. The key issue for monitoring will be: • Conduct of baseline survey • Consultations • Identification of AP and the numbers • Identification of different categories of APs and their entitlements • Collection of gender disaggregated data • Inventory and losses survey • Asset inventory • Entitlements • Valuation of different assets • Budgeting • Information dissemination • Institutional arrangements • Implementation schedule review, budgets and line items Expenditure

8.2.2 Rehabilitation Stage

88. Once APs have settled down at the new sites, the focus of monitoring will shift to issues of economic recovery programs including income restoration measures, acceptance of these schemes by APs, impact of income restoration measures on living standards, and the sustainability of the new livelihood patterns. The key issue for monitoring will be: • Initiation of income generation activities • Provision of basic civic amenities and essential facilities in the relocated area • Consultations • Assistance to enhance livelihood and quality of life

8.2.3 Monitoring Indicators

89. The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The RP contains indicators and benchmarks for achievement of the objectives under the resettlement program. These indicators and benchmarks are of three kinds: • Process indicators including project inputs, expenditures, staff deployment, etc. • Output indicators indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc and • Impact indicators related to the longer-term effect of the project on people's lives.

90. Input and output indicators related to physical progress of the work will include items as following: • Training of SIO staff completed • Public meetings held • Census, assets inventories, assessments and socio-economic studies completed • CSO recruited and trained • Meetings of GRC

ADB Financed Machhagaon Resettlement Plan (RP)

• Grievance redresses procedures in-place and functioning • Compensation payments disbursed • Relocation of APs completed • Employment provided to APs • Training of APs initiated • Income restoration activities initiated • Number of families physically displaced and resettled • Monitoring and evaluation reports submitted

8.2.4 Reporting Requirements

8.2.4.1 Internal Monitoring

91. SIO responsible for supervision and implementation of the RP will prepare monthly progress reports on resettlement activities and submit to EA. The agency will report its findings to the EA and the EA will consolidate all the monitoring reports - internal or external and report to ADB semi annually.

8.2.4.2 External Monitoring

92. The independent monitoring and evaluation agency (IMEA) is responsible for verification of EA (internal) monitoring of the Project. This person or agency will submit 6 monthly verification reports to the EA with any suggestions for omissions or areas for improvement in resettlement implementation. The EA will combine such recommendations and their actions to address any gaps with their semi-annual reports to ADB. The final verification report will determine whether resettlement goals have been achieved, more importantly whether livelihoods and standards of living have been restored/enhanced and suggest suitable recommendations for improvement.

ADB Financed Machhagaon Resettlement Plan (RP)

Annex-1 ORISSA INTEGRATED IRRIGATED AGRICULTURE AND WATER MANAGEMENT INVESTMENT PROGRAMME (OIIAWMIP) – TRANCHE-2 Encroachment Enumeration Survey Questionnaire

Unique Identification No______01. NameoftheProject: 02. State: 03. Category: a.Titleholder b.Squatter c.Tenant d.Lease e.User’sright 04. TypeofLoss: a.Residential b.Commercial d. a+b c. Others 05. Name of Village : 06. Name of Panchayat: 07. Name of Block: 08. Name of District: 09. Name of the Respondent: 10. Sex: a. Male b. Female 11. Caste: a. General b. SC c. ST d. OBC e. Others (specify) 12. Status of the Respondent in the family: a.Selfb.Husband c.Wife d.Son e.Daughter f.Son-in- Law g.Daughter-in-Law h.GrandSon i.GrandDaughter j.GrandFather k.GrandMother 13. LivingstatusoftheRegistrationHolder: a.Alive b.Dead 14. Is it a Female Headed Household: a. Yes b. No 15. Religiousgroup: a:Muslim b:Sikh c:Buddhists d:Hindu : e: Christian f:Others (…………………….) 16. Total members in the household (i.e. living and eating together): ………………… 17. Family Type: a:Joint b: Nuclear c: Extended

ADB Financed Machhagaon Resettlement Plan (RP)

18. Education Level of the HoH: a: Primary: Class I – V b: Middle: Class VI – VIII c: Secondary: Class IX-X d: HigherSecondary: Class XI –XII e: Graduate f: Post Graduate g: Illiterate h: Functional Literacy i: No response 19. Do you have a ration card? a. Yes b. No 20. If Yes, specify No:______21. Is your name included in the voter’s list? a. Yes b. No 22. Primary source of income: a. Agriculture b. Allied Agriculture c. Dairy d. Forestry e. HH Industry f. Trade/business g. Profession h. Govt. Service i. Pvt. Service j. Agri Labour K. Non Agri Labour l. other……………) 23. WhatistheAnnualIncomeearnedfromPrimarySource: a.Lessthan25000 b.25001- 45000 c.45001-65000 d.65001-85000 e.85001-1lakh f.Morethan1lakh 24. Is the Primary Source of Income getting affected: a. Yes b. No 25. Do you have another source of income: a. Yes b. No 26. If yes, then what is the income earned from the other sources:- a. Less than 25000 b. 25001-45000 c. 45001-65000 d. 65001-85000 e. 85001-1 lakh f. More than 1 lakh 27. Total annual income:- a. Less than 25000 b. 25001-45000 c. 45001-65000 d. 65001-85000 e. 85001-1 lakh f. More than 1 lakh 28. Do you have a bank account: a. Yes b. No c. No Response 29. Do you have any information regarding the proposed Project? a. Yes, I know about the Project b. Yes, somewhat c. No d. No response 30. If yes, from where did you hear about the Project? a. Govt. Deptt. b. Tech. Surveyors c. Newspapers d. Neighbours e. Any Other (specify) f. NA 31. What are Positive Impacts you anticipate in your Family and income: a. Education b. Health c. Access to resources/market d. Mobility e. Increase in the value of the assets f. No response g.Increaseinsales/production h.Reduceintransportationcost i.AnyOther………………………….

ADB Financed Machhagaon Resettlement Plan (RP)

32. What are the Negative Impacts you anticipate in your Family and income: a. Loss of Assets b. Accidents c. Relocation d. Shifting of assets & belongings e. Break in cultural & social ties f. No response g. Decrease in sales/productionh. Any Other…………………………. (specify). 33. Vulnerability: a. Female headed household b: ST c: Marginal Farmer d: Below Poverty Line e: Disabled (only adult) f: SC g.: Elderly h: Not Applicable 34. Eligibility for Livelihood Restoration: a. Yes b) No 35. Livelihood Option: Preferred _____

NAMEOF INVESTIGATOR______DATE______(Inblockletters)

RESIDENTIAL LOSS

36. Part’sofAssetgettingaffected: a.Plot/land b.boundaryWall c.GardenArea d. Main Structure e.Backyard f.AnyOther…………………….. 37. Total Residential Land: …………………………………………... (in Sq mtrs) 38. Total Affected Residential Land: ………………………………… (in Sq mtrs) 39. Percentage of Land Loss ………………………………………….. 40. Total Residential Structure: …………………………………………... (Nos/in Sq mtrs) 41. Total Affected Residential Structure: ………………………………… (Nos/in Sq mtrs) 42. Percentage of Structure Loss ………………………………………….. 43. Severity of Loss: a. Livable b. Non-Livable 44. Construction Type of Affected Structure a. Kutcha b. Semi-Pucca c. Pucca (1Floor) d. Pucca (2 Floor) 45. Isthereanytenantinthehouse? a.Yes b.No c.NA 46. If yes, number of tenants: …………………..

ADB Financed Machhagaon Resettlement Plan (RP)

47. In case of significant loss of the residential asset, thereby making it non- livable, what kind of relocation option would you prefer? a. Self-managed b. Project assisted c. No response d. Not Available e. Not Applicable 48. Incaseofself–managedrelocation,wherewouldyourelocate? a.Withinthecity b.Outsidethecity c.Can’tSay d:NotAvailable e.NotApplicable. 49. Incaseofprojectassistedrelocation,pleasesuggestanappropriate location inand around the area where you can be relocated?

COMMERCIALLOSS

50. Part’sofAssetgettingaffected: a.Plot/land b.BoundaryWall c.MainStructure d.AnyOther……………. 51. Usage: a.Shop/s b.Hotel c.Dhaba d.Gumti/kiosk/khokha e.Pvt. Clinic f.STDBooth g.Workshoph. OfficeComplex i.Factory j.Others (specify)…….………………) 52. Total Commercial Land: …………………………………………... (in Sq mtrs) 53. Total Affected Commercial Land: ………………………………… (in Sq mtrs) 54. Percentage of Land Loss ………………………………………….. 55. Total Commercial Structure: …………………………………………... (in Sqmtrs) 56. Total Affected Commercial Structure: ………………………………… (in Sq mtrs) 57. PercentageofStructureLoss………………………………………….. 58. Total Monthly Income ………………………………………. In Rs. 59. Total Income Loss ……………………………………………..In Rs. 60. Severity of Loss: a. Functional b. Non-Functional 61. Construction Type of Affected Structure a. Kutcha b. Semi-Pucca c. Pucca (1 Floor) d. Pucca (2 Floor) 62. Are there any tenant? a. Yes b. No c. NA 63. If yes, number of tenants: ………………….. 64. Are there any employees? a. Yes b. No c. NA 65. Monthly salary paid to the Employees ……………………………. (Average)

ADB Financed Machhagaon Resettlement Plan (RP)

66. IncaseofsignificantlossoftheCommercialasset,therebymakingitnon- livable, what kindofrelocationoptionwouldyouprefer? a. Self-managed b.Projectassisted c.Noresponse d.NotAvailable e.NotApplicable 67. In case of self –managed relocation, where would you relocate? a. Within the city b. Outside the city c. Can’t Say d: Not Available e. NA 68. Incaseofprojectassistedrelocation,pleasesuggestanappropriate location inand around the area where you can be relocated?

RESIDENTIALCUMCOMMERCIALLOSS 69. Part’s of Asset getting affected: a. Plot/land b. boundary Wall c. Garden Area d. Main Structure e. Backyard f. Any Other ………… 70. Usage: a. Shop/s b. Hotel c. Dhaba d. Gumti/kiosk/khokha e. Pvt. Clinic f. STD Booth g. Workshop h. Office Complex i. Factory j. Other…….………………) 71. Total Commercial Land: …………………………………………... (in Sq mtrs) 72. Total Affected Commercial Land: ………………………………… (in Sq mtrs) 73. PercentageofLandLoss………………………………………….. 74. Total Commercial Structure: …………………………………………... (Nos/in Sq mtrs) 75. Total Affected Commercial Structure: ………………………………… (Nos/in Sq mtrs) 76. Percentage of Structure Loss ………………………………………….. 77. Total Monthly Income ………………………………………. In Rs. 78. Total Income Loss ……………………………………………..In Rs. 79. Severity of Loss: a. Livable b. Non-Livable 80. Construction Type of Affected Structure a. Kutcha b. Semi-Pucca c. Pucca (1 Floor) d. Pucca (2 Floor) 81. Are there any tenant? a. Yes b. No c. NA 82. If yes, numberoftenants:……………………………………………………….. 83. Are there any employees? a. Yes b. No c. NA 84. Monthly salary paid to the Employees ……………………………. (Average)

ADB Financed Machhagaon Resettlement Plan (RP)

85. In case of significant loss of the Commercial asset, thereby making it non- livable, what kind of relocation option would you prefer? a. Self-managed b. Project assisted c. No response d. Not Available e. Not Applicable 86. In case of self –managed relocation, where would you relocate? a. Within the city b. Outside the city c. Can’t Sayd. Not Available e. Not Applicable 87. In case of project assisted relocation, please suggest an appropriate location in and around the area where you can be relocated (specify)?

OTHERASSETS 88. Total Land: …………………………………………... (in Sq mtrs) 89. Total Affected Land: ………………………………… (in Sq mtrs) 90. Percentage of Land Loss ………………………………………….. 91. Total Structure: …………………………………………... (Nos/in Sq mtrs) 92. Total Affected Structure: ………………………………… Nos/(in Sq mtrs) 93. Percentage of Structure Loss ………………………………………….. 94. Severity of Loss a. Livable b. Non-Livable 95. Type of Affected Structure a. Kutcha b.Semi-Pucca c.Pucca(1Floor) d.Pucca(2Floor)

ADB Financed Machhagaon Resettlement Plan (RP)

Annex-2

Comparative Matrix of ADB Policy and India LA Act (1894) and NPRR(2007)

Gap Mitigations Indian LA Act through ADB SPS NPRR (2007) Gaps (1894) RF and (2009) Entitlement Matrix (i) Avoid No provision in Chapter II, Clause 2.1(a) No gaps N/A involuntary the LA Act States the objectives of the between ADB resettlement NRRP is to minimize the and NPRR displacement and to policy promote, as far as possible, requirements non displacing or least displacing alternatives.

(ii) Minimize LA Act does The broad aim of the Policy Policy focus RF requires to involuntary not include any as given in the Preamble more on minimize resettlement provision for (1.4)is to minimize large Displacement impacts thru minimizing scale displacement as far and not explicit alternative impact as possible design /choices on IR of subprojects minimization (para 6)

(iii) Mitigate Provision for NPRR aims to restore and NPRR Policies RF contains adverse social cash improve livelihoods of are similar with similar impacts thru compensation persons with housing, ADB and aims objectives with appropriate only for agricultural land, at improving the regard to land, acquisition of employment and providing standards of the assistance and compensation, land and other necessary training facilities affected people. compensation, housing, and assets for development of including infrastructure entrepreneurship, technical provisions for amenities so and professional skills for replacement that APs social self employment. There cost for and economic are provisions of providing acquired assets conditions as comprehensive (para 9) favourable with infrastructural amenities the project as and facilities to the without it. affected units.

ADB Financed Machhagaon Resettlement Plan (RP)

Gap Mitigations Indian LA Act ADB SPS NPRR (2007) Gaps through RF (2009) (1894) and Entitlement Matrix (iv) Identify, Identification of Chapter VI spells out the The policy Provisions in assess and APs limited to ways and means to identify objectives are the RF (para8) address the titleholders of and assess at an early similar. provides potential social acquired stage of the project cycle Compensation specific and economic assets. A full the potential IR impacts and guidance for effects of a assessment of through a baseline survey resettlement impact project. social and and census. And it also assistance are identification; Resettlement economic looks into the direct and aimed to re- the entitlement should be impacts is not indirect effects due to the establish and matrix has conceived and required. project like loss of improve provision to executed asa livelihood of agricultural livelihoods assist APs development laborers, rural artisans, etc. those affected. restore their program through Social Impact livelihoods in Assessment post resettlement period.

(v) Affected LA Act has NPRR has provisions for FR (para 15- people should provision to Consultation with affected 16) has specific be fully notify persons/communities prior Very close to provisions for informed and acquisition to drafting the RP. R&R ADB consultation, closely Administrator is required to requirements disclosure and decisions only. consulted on hold consultations; also, involvement of resettlement No provision to set up a the APs.

and requirement for Grievance Redressal

compensation consultation. Mechanism called R and R options. Committee. Disclose RPs to RF (para 9) has the affected No specific mention of provision for people. support to socio-cultural Gaps with ADB social and organization of the Policy economic (vi) Support resettlers. support to APs existing social and integration and cultural with host institutions so communities. that APs are N/A integrated socially and

58 ADB Financed Machhagaon Resettlement Plan (RP)

economically with the host communities

Gap Mitigations Indian LA Act ADB SPS NPRR (2007) Gaps through (2009) (1894) RF and Entitlement Matrix (vii) Absence of Non-titled NPRR has provisions So specific Resettlement formal title is no persons are (Chapter IV) to consider all clausewith framework has bar to ineligible for impacts with particular regard to inclusive policy compensation any attention to any impacts on benefits of non- and clearly and compensation titled holders. the poor and vulnerable states in the resettlement benefits affected persons. matrix. ;;special attention to vulnerable groups

(viii) Full costs N/A NPRR (Chapter VI, clause No difference RF (para 19) Of resettlement 6.14.2)spells out the also requires included in the components of the RP. It preparation ofa project costs also includes the budgets full budget and and full costs(clause 6.16 cost for and 6.17). resettlement

(ix) Restoration No provision in NPRR (Clause 7.22 of No specific Resettlement of income in the LA Act Chapter VII) talks of the statement framework post- amenities and concerning addresses this resettlement infrastructural facilities to restoration of in para 8. period be provided at resettlement livelihood areas.

Supervision and No provision in NPRR (Chapter IX) clearly Monitoring RF (para 20) Monitoring to be the LA Act lays down the setting of a groups are requires both carried out National Monitoring mainly local internal and throughput the Committee, National officials – not external project period Monitoring Cell, Internal specialists; also monitoring by by persons with Oversight Committee, no procedures specialists.

expertise in External Oversight for regular monitoring resettlement Committee, its composition and responsibilities. However there is no clear view on the procedure or regularity of monitoring.

59 ADB Financed Machhagaon Resettlement Plan (RP)

Annex-3

TERMSOFREFERENCEFORTHECIVIL SOCIETY ORGANIZATION(CSO)

Project description

2. The renovation work under the Machhagaon subproject involves strengthening and widening of the existing embankment of almost 239 kms as well as bank protection work and aims at addressing the key issues and challenges faced by the people of the region in terms of loss of life and property caused by the annual flooding. However, despite these anticipated benefits, the project would affect 900 households living on and adjacent to the Machhgaon main and distributary canal system covering 4 sub-divisions and 16 distributary, which needs to be strengthened under Tranche-2 of the Project. A detailed EES census survey was undertaken between December to January 2012 covering all the households getting affected in Machhgaon canal system. Of the 900 affected households, 34 households/units comprise of absentee, who were not present at the time of the EES census survey.

II. Scope of work

3. In general, the SEMU will be responsible to the Executing Agency, for the effective, timely and efficient execution of the RP. The key tasks of the selected organization will be responsible for the following: -

(i) Information Campaign on Resettlement Entitlements

4. The agency will design, plan and implement an information campaign in the affected areas primarily to inform the APs about the entitlement policy and how to avail their respective entitlements. In particular, the agency will be responsible for undertaking a public information campaign at the project areas to inform the affected persons regarding:-

• The likely consequences of the project on the communities;

• The R&R policy and entitlements;

• Assist APs in getting the compensation for their properties acquired for the project;

60 ADB Financed Machhagaon Resettlement Plan (RP)

• Ensure proper utilization by the APs of various grants available under the R&R package. The agency will be responsible for advising the APs on how best to utilize any cash that may be provided under the RP, with emphasis placed on using such funds in sustainable way e.g. purchasing replacement land for that acquired.

5. The campaign would include measures such as distribution of information booklets, leaflets, notices and other materials among the APs, community meetings, public announcements, and any other measures necessary to provide information to all the APs.

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

6. The agency will identify and verify APs, on the basis of the resettlement census survey carried out and will facilitate the distribution of ID cards.

7. This work will include identification of APs based on a census survey, preparation of ID cards, taking photograph of APs in the field, issuance of ID cards to APs and updating of ID cards, if required. An identity card would include a photograph of the AP, his/her socio- economic profile and vulnerability, the nature and extent of loss suffered due to the project construction, and the choice AP with regard to the mode of compensation and assistance (if applies, as per the RP).

8. The agency shall prepare a list of APs, enlisting the losses and the entitlements as per the RP, after verification. During the identification and verification of the eligible APs, agency shall ensure that each of the APs are contacted and consulted either in groups or individually. The agency shall especially ensure consultation with vulnerable groups namely (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.

(iii) Updating of AP Database and Creation/Computerization of Database and AP Files

9. The agency will be responsible for updating and preparing a comprehensive computerised database containing the data structure, trees and other affected properties of the APs which will be used to prepare AP files and entitlements cards (EC). The database will contain information from land records and resettlement census data. The AP and EC files will be used for making payments of entitlements to the APs and monitoring the progress of resettlement work.

(iv) Participation in Grievance Redress

10. The agency will play a key role in assisting the APs in presenting their grievances or queries to the Grievance Redress Committee (GRC) which will be established at the SEIU level

61 ADB Financed Machhagaon Resettlement Plan (RP)

with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation.

(v) Income Restoration

11. The agency will also play a key role in providing income restoration assistance to the affected households losing their primary sources of livelihood/income as a result of the Project. The agency shall undertake consultations with the affected households on finalizing the skills training and also undertake a market feasibility survey to ascertain the feasibility of the skills being imparted to those affected. Based on the outputs of these, the CSO will plan out livelihood restoration activities as per it. Emphasis will be paid on the vulnerable groups such as female headed households, SC & ST households, poor etc. A separate ToR for income restoration Programme has been enclosed as Annex III.

12. In addition, the development agency would also be responsible for liasoning with the various government departments, in order to create a link up between the existing government schemes and the affected groups.

(vi) Relocation assistance

13. The development agency shall facilitate the process of relocation of the affected households getting displaced as a result of the project as per/in keeping with the RP.

III. Time frame

14. The work is scheduled to start in ******** and will continue till the end of the Project i.e. ************. The agency should be fully prepared in terms of all logistics support to tackle and carry out the resettlement activities and tasks laid down above.

IV. Selection criteria, Staffing, Implementation Plan

15. The CSO to be selected for the tasks must have proven experience in resettlement planning and implementation. Specifically, key quality criteria include: -

• Experience in direct implementation of programs in local, similar and/or other states;

• Availability of trained staff capable of including APs into their programs;

• Competence, transparency and accountability based on neutral evaluations, internal reports, and audited accounts; and

62 ADB Financed Machhagaon Resettlement Plan (RP)

• Integrity and experience to represent vulnerable groups against abuses and demonstrable mandate to represent local groups.

• Demonstrated experience in computerizing and managing resettlement-related database,

• Experience in resettlement survey, planning, monitoring and evaluation.

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

• Team Leader • Livelihood Specialist • Field coordinator • Resettlement Implementation Worker

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

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

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

(iii) The field plan must address training and mobilization of resettlement workers.

18. Full CVs (2-3 pages) of key personnel (for e.g. the Team Leader, Field Co-coordinator) must be submitted along with the proposal. The Team Leader must have degree in social science (preferably economics, sociology, anthropology, development studies). The Field coordinator must have prior experience in resettlement operation and management.

19. The agency must be an established organization registered with the Government of India.

V. Budget

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

63 ADB Financed Machhagaon Resettlement Plan (RP)

Annex – 4

Selected Encroachment Photographs