Resettlement Planning Document

October 2012

Pakistan: Sindh Cities Improvement Investment Program (SCIP)

Prepared by North Sindh Urban Services Corporation Limited for the Asian Development Bank.

PFR-2 Annex-11 Attachement-10 of 16

Resettlement Planning Document

Updated Land Acquisition and Resettlement Framework- 2012

Pakistan: Sindh Cities Improvement Investment Program (SCIP)

October, 2012

REPARED BY RCC CONSULTANTS

The Land Acquisition, Resettlement and Indigenous Peoples Framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature Contents 1. INTRODUCTION ...... 7 2. LAND ACQUISITION AN DRESETTLEMENT PROCESSING REQUIREMENTS ... 7 3. INVESTMENT PROGRAM ...... 9 4. The Scope of Land Acquisition and Resettlement ...... 9 5. Land Acquisition Modalities and Application of ADB Policy ...... 10 6. LEGAL AND POLICY FRAMEWOR ...... 11 A. Land Acquisition Act (1894) ...... 11 B. The Sindh Katchi Abadi Act1987 ...... 12 C. ADB's Policy and Resettlement Principles ...... 12 D. Comparison of LAA and ADB Policy Principles and Practices ...... 15 E. Remedial Measures to Reconcile Gaps between the LAA and ADB Policy ...... 18 7. Assets lost ...... 23 8. Specification ...... 23 9. Affected Person ...... 23 10. Compensation Entitlements ...... 23 11. Impact Assessment and LARP Preparation ...... 25 1 Impact Assessment ...... 25 B. Gender and Indigenous People ...... 27 B. LARP Preparation ...... 27 12. CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 28 a) Stakeholder Consultation ...... 28 b) Information Disclosure Plan ...... 28 c) Complaints and Grievances Redress ...... 28 13. INSTITUTIONAL ARRANGEMENTS ...... 31 A. J1. Planning & Development Department ...... 31 B. J2. The North Sindh Urban Services Corporation ...... 31 C. J3. Local Government Offices ...... 32 14. LAR IMPLEMENTATION PROCESS AND SCHEDULE ...... 34 A. K1. Implementation Schedule ...... 34 B. K2. LARP Implementation Process ...... 34 C. K3. Training in LARP Implementation ...... 35 15. LARP BUDGETING AND FUND FLOW MECHANISM ...... 37 A. L1. Budgeting ...... 37 B. L2. Funds Flow ...... 38 C. M1. Internal Monitoring ...... 39 D. M2. External Monitoring ...... 39 E. CONCLUSION: Ownership of Lands Comments and Assessment : ...... 54 F. Maps ...... 54

ABBREVIATIONS

ADB Asian Development Bank BOR Board of Revenue CAS Compulsory Acquisition Surcharge CoI Corridor of Impact DDR Due Diligence Report DFs Displaced Families DHs Displaced Households DMS Detailed Measurement Survey DOR District Officer (Revenue) DPC Displaced Person’s Committee DPs Displaced Persons EA Executing Agency (PID) EPA Environment and Protection EPA EM External Monitor EMA External Monitoring Agency FGD Focus Group Discussion GOP Government of Pakistan GoS Government of Sindh GRC Grievance Redress Committee PSU Program Support Unit IA Implementation Agency IPSA Initial Poverty and Social Assessment ISA Initial Social Assessment LAA Land Acquisition Act1894 LAC Land Acquisition Collector LAR Land Acquisition and Resettlement LARDDR Land Acquisition and Resettlement Due Diligence Report LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan LARU Land Acquisition and Resettlement Unit LAS Land Acquisition Survey Loc.Gov Local Government M&E Monitoring &Evaluation MFF Multi-tranche Financial Facility NGOs Non Government Organizations SCIP Sindh Cities Improvement Investment Program SGU Safeguard Unit SPS Safeguard Policy Statement PIU Project Implementation Unit PKAA Sindh Kachi Abadi Act PMO Project Management Organization PMU Project Management Unit PRA Participatory Rapid Appraisal PRs Pakistani Rupees R&U Rehabilitation and Upgrading RoW Right of Way SBEs Small Business Enterprises SES Socio Economic Survey SIA Social Impact Assessment SPS Safeguard Policy Statement, 2009 VDFs Vulnerable Displaced Families VDPs Vulnerable Displaced Persons SAMA Services and Asset Management Agreement, NSUSC North Sindh Urban Services Corporation, P&DD Planning and Development Department

GLOSSARY

Kharif summer cropping season of the year (15thApril–15thSeptember) Rabi winter cropping season of the year (15September–15thApril) Tehsil Tehsil is a sub-district (i.e. the layer of administration below a district). Mukhthayar Incharge of Tehsil Revenue Administration

Displaced Person: In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or Economically displaced (loss of land, assets, access to assets, income sources, or means of Livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land Use or on access to legally designated parks and protected areas.

Compensation: Payment either in cash or in kind in replacement of the cost of lost assets.

Encroachers/squatters: People who have trespassed onto private/community/Government land to which they are not authorized. If such people arrived before the entitlements cut-off date, they are eligible for compensation for any structures, crops or land improvements that they will lose.

Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, relocation, etc. provided to displaced persons to restore their economic and social base.

Host Community: Community residing near/within the area where the DPs are to be relocated.

Income Restoration: Re-establishment of income sources of DPs.

Involuntary Resettlement: Compulsory removal and re-location of people displaced by development activity.

Land Acquisition: The process whereby a private and/or communal land is acquired for a public purpose in return of compensation.

Rehabilitation: A form of compensatory measure provided under the ADB Policy Framework on Involuntary Resettlement.

Relocation: The physical and/or socio-economic change of a DP due created by project activities.

Replacement Cost:. SPS guidance for establishing replacement cost consists of the following (i) fair market value (ii) transaction costs (iii) interest accrued (iv) transitional and restoration costs and (v) other applicable payments if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets in applying method of valuation, depreciation of structures and assets should not be taken into account.

Resettlement Impact: All types of impacts caused by resettlement., both physical and economic

Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement .The policy defines vulnerable groups as households below the poverty line, the elderly, those without legal title to assets, landless, women- headed households, children, indigenous people and people with disabilities.

1. INTRODUCTION

1. The Sindh Cities Improvement Investment Program (SCIP) is jointly financed by the Asian Development Bank (ADB) and the Government of Pakistan through a Multi tranche Financing Facility (MFF). Each tranche of Investment will have several projects to support the improvement of urban service delivery in selected towns of Sindh Province. The first loan of the Facility comprises of support to urban planning, institutional reforms, program implementation support, and complementary water supply, wastewater and solid waste infrastructure investments in the urban areas of Sukkur, New Sukkur, Rohri, Khairpur, Larkana, and Shikarpur.. The list of subprojects is provided provided in the document. The Tranche –II will also now cater two new cities ,Jocobabad and Ghotki.

2. The original LARF, prepared for the MFF in 2008.was based on ADB’s Involuntary Resettlement Policy1995, which required updating to meet the objectives and policy principles of ADB’s new Safeguard Policy Statement (SPS), approved in 2009.Where required, implementation procedures have been updated but the entitlements and eligibility provisions of the original LARF have not been lowered. Accordingly, this updated Land Acquisition and Resettlement Framework (LARF) for the Sindh Cities Improvement Investment Program (SCIP) establishes the principles and procedures and is prepared in-line with the SPS 2009 and the Land Acquisition Act of 1894 (LAA). The Planning and Development Department (P&DD), the Program Support Unit (PSU) Executing Agency (EA) has endorsed LARF that is prepared by the North Sindh Urban Services Corporation Limited.

2. LAND ACQUISITION AN DRESETTLEMENT PROCESSING REQUIREMENTS

3. The land acquisition under the MFF Tranche 2 and subsequent tranches, will follow Pakistan Land Acquisition Act (1894), and the ADB’s new Safeguard Policy Statement (SPS) 2009. Based on ADB policy and practice, the appraisal of the MFF and each tranche of funding and the approval of the implementation of projects under each tranche will require the preparation of the following documents:

(1) The updated LARF for the MFF will be applicable to all projects and sub projects. The LARF, if necessary, will be updated, resubmitted for ADB and Government approval as a condition to access funds from each new tranche under the MFF. (2) The Initial Poverty & Social Assessment for each tranche will indicate if land acquisition and resettlement impacts are likely to occur, their type, likely magnitude, and whether Indigenous Peoples (IPs) may be affected. (3) For each project under a tranche requiring land acquisition and resettlement, either a Land Acquisition and Resettlement Plan (LARP) or a Land Acquisition and Resettlement Due Diligence Report (LARDDR) is to be prepared based on the detailed design of the proposed intervention. In some cases, the preparation of the final LARP or LARDDR may have to wait until the detailed design and the exact locations requiring land acquisition are known. A LARDDR is to be prepared for subprojects where the ADB policy on involuntary resettlement will not be triggered, usually where government owned, unencumbered land is acquired. Detailed information will be provided in the LARDDR indicating the process of land procurement. Similarly, the LARP will detail the compensation and/or rehabilitation plan to be implemented before access to the land for civil works are allowed. 4. As discussed, in the Safeguard Policy Statement (SPS) 2009, the content and complexity of a LARP will vary depending on the level of scale and severity of a subproject impacts. LARPs will be prepared in accordance with the outline presented in Annex-A. 5. As outlined in the SPS and practice, the access of funds from MFF will be conditional based upon the appraisal of each tranche. The approval of the start of civil works under any project / subproject will also be conditional, based on the completion of following land acquisition and resettlement requirements :

(i) The MFF and first tranche appraisal: Conditional to the preparation of a LARF for the MFF acceptable to ADB. ( Tranche1 subproject LARPs. The Due Diligence Report for T1 and Progress Report, Internal Monitoring Reports and Updated LARP will be submitted.

(ii) Tranche review: Conditional to (a) review/update of the LARF (if necessary), and (b) preparation a LARP/LARDDR fitting the revised LARF approved by the ADB, for each sub project as required. Categorization of subproject based on impacts . The involuntary resettlement impacts of an ADB-supported project are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). The level of detail and comprehensiveness of the resettlement plan are commensurate with the significance of the potential impacts and risks.

(iii) Acquisition of land: Conditional on the payment of compensation and other entitlements described in the LARP for each relevant sub project, based on confirmation by external monitor, for tranches categorized as ‘A’ by ADB. Tranches categorized as ‘B’, require internal monitoring reports based on the LARP implementation and civil works start up. The frequency and timing will be agreed between NSUSC and the ADB, safeguard unit SU). At a minimum, semiannual monitoring reports will be submitted for category ‘A” projects. All monirtoring reports will be disclosed on NSUSC and ADB website. The reports will also be disclosed to DPs.

6. Initial Selection Criteria: .Early screening (i.e. initial social assessment) and filed survey will be undertaken (Annex C Field Survey Form) to select subprojects sites where land acquisition and consequent involuntary resettlement requirements are not expected and facilities are on the Government entrusted land to NSUSC through TMAs as per Services and Asset Management Agreement SAMA and Government land on right of way along the Roads/drains.

Where the avoidance is not possible attempts will be made to minimize Land acquisition and resettlement. The assessment options with relevant data will be presented in each LARP or DDR. Where possible, site(s) that impact on indigenous people will be avoided. All efforts will be made to select unencumbered government land, based on the initial social assessment and involuntary resettlement screening checklist and Social Field Survey.

3. INVESTMENT PROGRAM

4. The Investment Program for T2 aims at facilitating sustainable urban development by assisting government efforts to improve basic urban infrastructure and services in Sindh Province. The Investment Program comprises three parts: (i) Part A: Urban Planning, Institutional Development and Program Implementation provides specialized technical assistance and seeks to establish a Program Support Unit (PSU) and regional urban services corporations (NSUSCs), beginning with the North Sindh Urban Services Corporation (NSUSC), and an Urban Policy and Strategic Planning Unit (the Urban Unit) under P&DD.

(ii) Part B: Urban Water Supply and Wastewater Management Improvement may include construction of new tube wells, groundwater monitoring facilities, new transmission lines, high storage reservoirs (HSRs), or water treatment plants and construction/rehabilitation of water tanks, pumping stations, and filtration systems. This component also includes rehabilitation or extension of secondary/tertiary drains in each cluster town. (iii) Part C: Solid Waste Management (SWM) Improvement includes construction of communal bins for secondary waste collection, landfill sites transferred from Tranche 1, and procurement of equipment/vehicles for collection and disposal of solid waste to landfill site.

(iv) Part D: Transition and Operational Support Funding to supplement urban services corporation operating cash flow needs.

4. The Scope of Land Acquisition and Resettlement

5. The expected relevance of land acquisition and resettlement for the subprojects under the Investment Program differs for each of the above described parts.

(i) Part A: Investments under Part A are non-material in nature and related actions and activities will have no land acquisition and resettlement impact.

(ii) Part B: Land acquisition and resettlement impacts may occur in the case of subprojects involving the construction of new transmission lines, high storage reservoirs, water treatment plans, pumping stations or transmission systems. (No land acquisition and resettlement, however, is expected for subprojects or for the construction of distribution lines or rehabilitation of Water treatment Plants / filtration systems as the all sub projects for T2 are being contracted on Government land entrusted to NSUSC by TMAs or Government Land along the Road/Drains–Right of Way . This is also true for replacement of transmission lines, Sewer Lines and Force Main as confirmed by the filed survey as per initial screening and right of way survey.

Part C: This Part comprises construction of secondary domestic solid waste storage facilities –SKIPS (communal bins), provision of equipment, and development of sanitary landfill sites. Subprojects under this component, in particular the landfill sites, will have land acquisition and resettlement impacts. The LARPs are already prepared for Projects in Khairpur, Rohri and Shikarpur in Tranche –I and has been updated. No new Land is being acquired for Landfill site or transfer station in T2. Appropriate LARDDRs will be updated prepared, the latter when land affected is public and unused. The scope of Land Acquisition for tranche 2 subprojects is in Annexure- B.

a. Sub Projects from T1 moved to T2

ADB review mission in April 2012 confirmed transfer of some Tranche 1 Projects to Tranche 2. As per the Aide Memoir issued dated 18 May 2012. The Tranche II as per Aide memoir will include projects carried over from Tranche 1, due to a shortfall in funding. There will be no land acquisition and resettlement impacts under Part A and B. The land acquisition Under Part B for landfill sites will be based on the updated approved LARP. Land will not be taken over until all compensation is paid and a monitoring report submitted to ADB.

5. Land Acquisition Modalities and Application of ADB Policy

6. There are three modes for land acquisition available under the Investment Program: (i) Acquisition of unoccupied Government-owned land based on transfer arrangements agreed between the concerned parties; (ii) Involuntary land acquisition under the Land Acquisition Act (LAA) 1894, implemented by the concerned Provincial Board of Revenue (BOR) and/or District’s Land Acquisition Collector (LAC). (iii) Use of Entrusted Govt Land of TMA to NSUSC for sub project construction and rehabilitation on expanding or rehabilitating existing assets.

7. Mode I and 3 adopted for the acquisition of land for facilities that do neither require the right of eminent domain nor trigger the ADB’s Safeguard Policy Statement (SPS). Mode 2 implies the ultimate possibility of land expropriation and is subject to the preparation and implementation of LARPs as required under ADB policy.

8. Accordingly, ADB will approve the selection of subprojects with land acquired under Mode I and 2 based on a LARDDR clearly documenting:

(i) government ownership of the land; (ii) Evidence that the acquired plot is not rented, encroached or encumbered. (iii) The land acquisition under Mode 2 will be based on the preparation of LARP and its implementation after approval by ADB and the government. For negotiated purchase, NSUSC will submit relevant documents to indicate price assessment benchmarks and methodology applied to arrive at a mutually agreed price between the BOR and the owner.. The replacement cost principle should be applied to arrive at an agreed price.

6. LEGAL AND POLICY FRAMEWOR

A. LAND ACQUISITION ACT (1894)

9. The Pakistan law governing land acquisition is the LAA of 1894 and successive Amendments. The LAA regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes through the exercise of the right of eminent domain. Land acquisition is a provincial responsibility and each province has its own interpretation of the Act. Some provinces also have their own province specific implementation rules. The LAA and its Implementation Rules require that, following an impact identification and valuation exercise, land and crops are compensated in cash at the current market rate to titled landowners. The LAA mandates that land valuation is to be based on the last 3 to 5 years average registered land-sale rates. However, in several recent cases, the median rate over the past 1 year, or even the current rates, have been applied with an added 15% Compulsory Acquisition Surcharge according to the provision of the law.

Table:1 Salient Features of Land Acquisition Act 1894 and its Successive Amendments

Sections Salient Features Section4 Publication of preliminary notification and power for conducting survey.

Section5 Formal notification of land for a public purpose. Section 5(a) covers the need for inquiry. Section6 The Government makes a more formal declaration of intent to acquire land. Section7 The Land Commissioner shall direct the Land Acquisition Collector (LAC) to take order for the acquisition of land. Section8 The LAC has then to direct that the land required to be physically marked out, measured And planned. Section9 The LAC gives notice to all DPs that the Government intends to take possession of the land and if they have any claims for compensation then these claims are to be made to him at an appointed time. Section10 Delegates power to the LAC to record statements of DPs in the land to be acquired or any part there of as co-proprietor, sub-proprietor, mortgagee, and tenant or otherwise. Section11 Enables the Collector to make inquiries into the measurements, value and claim and issue the final "award". The award includes the land's marked area and the valuation of compensation. Section16 When the LAC has made an award under Section11, he will then take possession and the land shall there upon vest absolutely in the Government, free from all encumbrances. Section18 In case of dissatisfaction with the award, DPs may request the LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of the land. Section23 The award of compensation for the owners for acquired land is determined at its market value plus 15% in view of the compulsory nature of the acquisition for public purposes. 11

Section28 Relates to the determination of compensation values and interest premium for land acquisition Section31 Section31 provides that the LAC can, instead of awarding cash compensation in respect of any land, make any arrangement with a person having an interest in such land, including the grant of other lands in exchange. Section17 Section17 refers to emergency land acquisition, which will not be applied in this project.

10. Based on the LAA, only legal owners and tenants registered with the Land Revenue Department or possessing formal lease agreements, are eligible for compensation or livelihood support. The rights of the non-titled are however addressed under the 1987 Sindh Katchi Abadi

Act for Non-proprietors, which recognizes the right of squatters to receive rehabilitation in form

of a replacement plot. This right is sometimes extended in practice to include some form of rehabilitation in cash. The LAA does not automatically mandate specific rehabilitation/assistance provisions benefiting the poor, vulnerable groups, or severely affected households, nor does it automatically provide for rehabilitation of income/livelihood losses or resettlement costs. This, however, is often done in many projects in the form of ad hoc arrangements based on negotiations between a specific Executing Agency and the affected households.

11. As noted above, there are exceptions to the rule, and the law is broadly interpreted at provincial level depending on operational requirements, local needs, and socio-economic circumstances. Recourse is often taken to ad-hoc arrangements, agreements and understandings for resettlement in difficult situations. Section 17/4 will not be applied to any land acquisition under the loan.

B. THE SINDH KATCHI ABADI ACT1987

12. Under the Sindh Katchi Abadi Act (SKAA) 1987, settlements can be declared as official katchi abadis and urban squatters can be given the right for rehabilitation. The SKAA envisages the regularization of land entitlements and provision of infrastructure for all squatter settlements on government land established before 23 March 1985. The SKAA led to the establishment of the Sindh Katchi Abadis Authority which was tasked to coordinate the process of awarding leases to the residents and to provide infrastructure and other basic services. It is a province wide agency that operates in Karachi, as well as other towns and cities. The Act stipulates the transfer of government owned land to urban squatters or allocates funds for cash assistance. Based on the SKAA 1987, the Program can provide rehabilitation compensation to encroachers or squatters affected by subprojects.

C. ADB'S POLICY AND RESETTLEMENT PRINCIPLES

13. The policy principles and objectives are shown below with the key principles highlighted in bold. When land other than government owned land is to be acquired then a Land Acquisition and Resettlement Plan (LARP) is required. In cases, where just unused 12

government land needs to be acquired then a LARDDR is required.

Involuntary Resettlement Safeguards (ADB SPS,2009)

Objectives: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

Scope and Triggers: The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Policy Principles:

1. Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

2. Carry out meaningful consultations with displaced persons, host communities, and concerned non-government organizations. Informal displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line. These include the landless, the elderly, women and children. Specific safeguards cover Indigenous People, including those without statutory title to land, including those having communal rights, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the displaced persons' concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

3. Improve, or at least restore, the livelihood so fall displaced persons through (i) land- based resettlement strategies when affected livelihoods are land based and where it is possible to give cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to as set so equator higher value, (iii) prompt compensation at full replacement cost for assets that can not be restored, and (iv) additional revenue sand services through benefit sharing schemes where these are possible.

4. Provide physically and economically displaced persons with needed assistance,including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii)civic infrastructure and community services, as required.

5. Improve the standards of living of the displaced poor and other vulnerable groups, Including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

6. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

7. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

8. Prepare a resettlement plan elaborating on displaced persons' entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule,

9. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to displaced persons and other stakeholders. Disclose the resettlement plan and its updates to displaced persons.

10. Conceive and execute Involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project's coats and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

11. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

12. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of the 14

resettlement monitoring.

13. Disclose monitoring report

D. COMPARISON OF LAA AND ADB POLICY PRINCIPLES AND PRACTICES

14. The land acquisition and resettlement aspects have been compared with respect to the Pakistan Land Acquisition Act (1894) and the ADB policy principles and are presented in the following table. The objective of this exercise is to identify the differences and gaps between the ADB assessment procedures and then the requirements of the Pakistan and Sindh government regulatory system. In case the Government of Pakistan and the Sindh systems are followed then there are likely to be shortfalls in comparison to the ADB requirements. The key ADB Policy Principles are (i) the need to screen the project early on in the planning stage, (ii) carry out meaningful consultation, (iii) at the minimum restore livelihood levels to what they were before the project, improve the livelihoods of displaced vulnerable groups (iv) prompt compensation at full replacement cost is to be paid (v) provide displaced people with adequate assistance, (vi) ensure that displaced people who have no statutory rights to the land that they are working and eligible for resettlement assistance and compensation for the loss of non-land assets and (vii) disclosure of information in accordance with the culture and socio-economic features of DPs.

Table-3 Comparison of Pakistan's Land acquisition Act and ADB Safeguard Policy Requirements and GAP Filling Measures

S# ADB Safeguards Policy Principles Pakistan’s Land Acquisition ADB SPS Involuntary & Telegraph Acts Resettlement Principle Gap filling Measures 1 Screen the project early on to identify No equivalent requirements. Screened and categorized. Scope past, present, and future involuntary defined, social assessment and resettlement impacts and risks. gender analysis undertaken.

Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

2 Carry out meaningful consultations with Land Acquisition Collector Complaints and grievances are affected persons, host communities, and decides disputes and holds resolved informally through project concerned nongovernment enquiry before announcing grievance redress mechanisms organizations. Inform all displaced compensation. Thereafter, persons of their entitlements and resolution is by the courts Consultations conducted, resettlement options. Ensure their vulnerable groups identified and participation in planning, implementation, supported as relevant and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the 15

poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

3 Improve, or at least restore, the No equivalent statement. Livelihoods restoration is required livelihoods of all displaced persons Market price plus 15% for and allowances are provided. through (i) land-based resettlement public purpose and 25% for Replacement value is paid. strategies when affected livelihoods are companies is paid over and According to the following land based where possible or cash above the assessed principle: SPS guidance for compensation at replacement value for compensation. Recent practice establishing replacement cost land when the loss of land does not is to apply the average price consists of the following (i) fair undermine livelihoods, (ii) prompt preceding the year before market value (ii) transaction costs replacement of assets with access to acquisition. (iii) interest accrued (iv) transitional assets of equal or higher value, (iii) and restoration costs and (v) other prompt compensation at full replacement applicable payments if any. Where cost for assets that cannot be restored, market conditions are absent or in and (iv) additional revenues and a formative stage, the services through benefit sharing borrower/client will consult with the schemes where possible. displaced persons and host populations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets in applying method of valuation, depreciation of structures and assets should not be taken into account.

Provided as relevant.

4 Provide physically and economically No equivalent requirements. Support provided commensurate displaced persons with needed with impacts assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5 Improve the standards of living of the No additional support to Vulnerable households identified displaced poor and other vulnerable vulnerable households and support provided groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. 6 Develop procedures in a transparent, Equivalent, negotiation consistent, and equitable manner if land responds to displaced persons Procedures put in place. acquisition is through negotiated requested price but no clear settlement to ensure that those people procedure. who enter into negotiated settlements will maintain the same or better income and livelihood status. 7 Ensure that displaced persons without Land compensation only for ADB SPS does not put a limitation titles to land or any recognizable legal titled landowners or holders of by date of settlement. Non-title rights to land are eligible for resettlement customary rights. In Sindh holders are provided with assistance and compensation for loss of province, the Katchi Abadi Act resettlement and rehabilitation non-land assets. provides rights to informal support. Provide with settlements established before compensation for non-land assets. 1987. 8 Prepare a resettlement plan elaborating No resettlement Plans prepared Plans prepared and disclosed on displaced persons’ entitlements, the income and livelihood Restoration strategy, institutional arrangements, monitoring and reporting 17

framework, budget, and time-bound implementation schedule. 9 Disclose a draft resettlement plan, No plans prepared. Plans prepared and disclosed including documentation of the consultation process in a timely manner, before Project appraisal, in an accessible place and a form and language (s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. 10 Conceive and execute involuntary No equivalent requirement Addressed as relevant. resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. 11 Pay compensation and provide other No equivalent requirement Compensation payments paid resettlement entitlements before before damages occur. physical or economic displacement. Implementation monitored and reported.

Implement the resettlement plan under close supervision throughout project implementation.

12 Monitor and assess resettlement Monitoring reports not required Monitoring reports prepared and outcomes, their impacts on the disclosed standards of living of displaced persons, and

whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

E. REMEDIAL MEASURES TO RECONCILE GAPS BETWEEN THE LAA AND ADB POLICY

15. As seen in the above Table 3, the GoP policy contains only a few of the provisions 18

compared to the IR requirements of ADB. The present LARF is prepared considering all of the GoP as well as ADB IR requirements that should be the basis for preparation of all LARPs. The specific requirements to be followed are contained in the relevant sections of the Framework. The contents of a LARP are provided for in Appendix A that should be strictly followed when LARPs are prepared.

A. Compensation Eligibility and Entitlements for DPs G1 Eligibility 16. The DPs eligible for compensation or rehabilitation provisions under the Investment Program are: (i) All DPs losing land or land based assets, i.e., crops and trees whether covered by legal title/traditional land rights or without legal status but legalizable; temporary or permanent (ii) Tenants and share-croppers, whether registered or not; (iii) DPs losing the use of structures and utilities, including titled and non-titled owners, registered, un-registered tenants/lease holders and encroachers/squatters; (iv) All DPs whose livelihoods are affected due to IR, and/or (v) DPs losing business, income, and salaries or a person or business suffering temporary effects, such as disturbance to land, crops, business operations during construction. 17. Compensation eligibility will be determined by a cut-off date for each subproject which will be the date of beginning of the census survey to be conducted in the affected area. This measure is done to avoid an influx of outsiders who are obviously not eligible for compensation under the project. The cut-off date will be announced through mass media. DPs who are settled in the affected areas after the cut-off date will not be eligible for compensation. NSUSC will maintain a record of the census and provide each affected household, land owners, tenants and sharecroppers with an ID to confirm eligibility prior to the cut-off date.

18. The following entitlements are applicable for DPs losing land, houses and incurring income losses. These DPs are eligible for rehabilitation subsidies and for the compensation of lost land, structures and utilities, livelihoods, etc. as well as for special provisions for vulnerable APs. a) Agricultural land impacts will be compensated as follows: Permanent losses: legal/legalizable owners are compensated at replacement cost) free of taxes and transfer costs; or through land for land compensation mechanisms with plots comparable in area, productivity and location to the plots lost. Leaseholders of public land will receive rehabilitation in cash equivalent to the market value of the gross yield of lost land for the remaining lease years (up to a maximum of three years). Squatters/informal dwellers s will instead be rehabilitated for land use loss through a special self-relocation allowance (additional to all allowances detailed below) corresponding to one year of agricultural income or through the provision of a free or leased replacement plot comparable in area, productivity and location to the plots lost. Encroachers will be given three months notice to remove 19

encroachments on government or private land. Vulnerable encroachers will be provided with assistance to replace lost assets (non-land) and income. (1) Temporary land losses: legal/legalizable owners, tenants or encroachers will receive cash compensation equal to the average market value of each lost harvest for the duration of the loss, and by the restoration of both, cultivable and uncultivable land, to pre-construction conditions. Contractors will be required to carry out restoration works.

b) Vulnerable Displace persons (DPs), the DPs (legal/legalizable owners, tenants and encroachers) and any household determined as vulnerable identified by the social assessment will be entitled to additional support (in kind or cash or both), based on the impact. c) Commercial land will be compensated at replacement value for each category of the DPs as follows:

(1) Legal/legalizable owners will be compensated by means of either cash compensation for lost land at replacement value of the lost, property free of taxes and transfer costs; or in form of land against compensation through provision of plots of comparable value and location as the lost asset.

(2) Renters are compensated by means of cash compensation equivalent to three months of rent or a value proportionate to the duration of the remaining lease.

(3) Squatters /informal dwellers are compensated through either a self relocation allowance covering six months of income1or the provision of a leased replacement plot in a public owned area. (4) Encroachers will be given three months notice to remove encroachments on government or private land. Vulnerable encroachers will be provided with assistance to replace lost assets (non-land) and income.

d) All other assets and incomes (1) Houses, buildings, structures will be compensated in cash at replacement cost plus 15% CAS and a 10% electrification allowance, free of depreciation, salvaged materials and transaction costs deductions. DPs will be allowed to remove all salvaged materials. (2) Renters or leaseholders of a house or structure are entitled to cash compensation equivalent to three months rent or a value proportionate to duration of remaining lease. (3) Crops will be compensated to owner and tenant/sharecropper according to their agreed shares in cash at the full market rate for one full agricultural year (inclusive where applicable of both rabi and kharif harvest). The crop compensation values will be determined gross values based on the values of the year of the acquisition or year preceding. (4) Compensation for trees will be based on type and productivity. Non-productive fruit trees (young trees) will be compensated for seedlings, plantation establishment and maintenance costs up to the time of fruit bearing and, future loss of profit till the end of productive life. Compensation for productive trees will be calculated based on the age of the

1 Business losses rehabilitation will be provided based on tax records or other verifiable documentation. In absence of verifiable income proof business losses will be rehabilitated based on minimum salary in project areas. 20

tree and future loss of profit till the end of the tree’s productive life. loss of future income from the tree is compensated. Assessment is on the current year. (5) Businesses will be compensated with cash compensation equal to six months of income for permanent business losses and with cash compensation equal to the period of the interruption of business for temporary income losses (up to six months).2 (6) Workers and employees will be compensated with cash compensation for lost wages for the period of business interruption up to a maximum three months. (7) Relocation assistance-dPs who are forced to relocate will receive a relocation subsidy sufficient to cover transport costs and special livelihood expenses for 1 month or based on the distance of the relocation area. (8) Community Structures and Public Utilities including, mosques and other religious sites, graveyards, schools, health centers and hospitals, roads, water supply and sewerage lines, will be fully replaced or rehabilitated to ensure their pre-subproject functions. (9) Vulnerable people as identified through the social assessment for each subproject, will receive a lump sum allowance or support in kind or both to be determined as appropriate

e) Land for Land Compensation 19. When land for land compensation is provided, replacement plots will include all basic facilities, such as water supply, sanitation, roads, drainage, electricity and other services. The LARP will detail costs for site preparation and for the provision of basic facilities and will clearly detail site preparation and resettlement schedules. In managing the relocation against land for land compensation, the socio-cultural and religious characteristics of the DPs and host communities will be taken into consideration and the distance between the old and new locations will be minimized as much as possible.

e) Valuation and Negotiations

20. The following methodology will be adopted for assessing the unit compensation rates: Rate of land will be negotiated with landowners by the LAC or as perrate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued, (iv) transitional and restoration costs; and (v) other applicable payments, if any. Where market conditions are absent or in a formative stage, the borrower/client will consult with the displaced persons and hostpopulations to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information. The borrower/client will also collect baseline data on housing, house types, and construction materials. Qualified and experienced experts will undertake the valuation of acquired assets. In applying this method of valuation, depreciation of structures and assets should not be taken into account. account. (i) Houses, buildings and other structures will be valued at replacement cost plus labor cost based on area, type and material of the affected item. No deductions will be made for depreciation, salvageable materials or transaction costs/taxes

2 Ibid. 21

(ii) Crops will be valued at current market rates of gross value of harvest where unit values will be determined as stated before. (iii) Trees Loss of fruit bearing trees will be compensated at replacement cost based at their replacement cost. The cost of wood trees will be calculated based on the average volume of wood produced, quality of wood size classes, as determined by girth, diameter at breast height or volume. Fruit bearing trees will be compensated based on the type and productive age of the fruits trees and market value of the produce for the remaining period of its average life. The cost of younger plants will be based on expenditure made on its brought up to this stage. 21. Compensation/rehabilitation entitlements are summarized in the entitlement Matrix below.

Table 4: Entitlement Matrix

7. Assets 8. Specificatio 9. Affected 10. Compensation Entitlements lost n Person Residential/ Owner . Cash compensation at replacement cost free of commercial (legal/localizable) taxes, registration and transfer costs; or land . Land for land compensation through provision of plots of comparable value and location as lost asset. Renter/leaseholder . Cash compensation equivalent to three months rent or value proportionate to duration of remaining lease Squatter/informal . Self relocation allowance covering one year of dweller agricultural income; or . Provision of a plot (in property or leased) in public resettlement area. Encroacher . Encroachers will be given three months notice to remove encroachments on government or private land. Vulnerable encroachers will be provided with assistance to replace lost assets (non-land) and income. Agricultural All land losses Owner . Cash compensation at replacement cost free of land, incl. irrespective of impact taxes, of registration and transfer costs; or cultivable land severity . Land for land compensation through provision with and plots of equal value and productivity as lost asset. uncultivable Sharecropper/tenan . Cash compensation equal to market value of share of wasteland t (registered or not) lost harvests: two if permanent, one if temporary loss.

Lease tenant . Cash equivalent of market value of gross yield of lost land for the remaining lease years (up to maximum of (registered or not) three years).

Squatter/informal . Rehabilitation allowance equal to market value of dweller harvest of lost land for one year (rabi and kharif) in addition to standing crop compensation. Encroacher . Same as above

Additional provision Owner / . At least, one severe impact allowance equal to for vulnerable lease tenant market value of harvest of lost land for one year (rabi households and kharif) plus standing crop compensation or business loss and/or Support in kind. Support will be based on the severity of impact identified through the social assessment . Sharecrop tenant . Based on the social assessment, additional support in cash or kind or both over and above compensation due for crops and trees. 23

7. Assets 8. Specificatio 9. Affected 10. Compensation Entitlements lost n Person Encroacher . If vulnerable, one severe impact allowance equal to the market value of gross harvest of the lost land for one year (rabi and kharif). Residential, Owner of structure, . Cash compensation at full replacement cost for commercial incl. encroacher affected structure and other fixed assets free of structures salvageable materials, depreciation and transaction cost and transportation cost; or if partial loss, full cash assistance to restore remaining structure. If unaffected part of the building is not viable, the total value to be paid for relocation Renter/ leaseholder . Cash compensation equivalent to three months rent or value proportionate to duration of remaining lease. Community . Rehabilitation/substitution or cash compensation at Assets full replacement cost of affected structures and utilities. Includes, social entities i.e. active and a functional community organization that might be disintegrated due to relocation where the cost of revitalizing the social entity will be paid Businesses All DPs so affected . Cash compensation equal to six months of income; or if temporary, cash compensation equal to income during interruption period. Employment All DPs so affected . Indemnity for lost wages for the period of business interruption up to a maximum of three months. Crops Affected crops Cultivator of crop . Crop compensation in cash at full market rate for one year agricultural income (both rabi and kharif harvests); if sharecrop tenancy, compensated according to shares Trees All affected trees Cultivator . Fruit trees: compensation to reflect income household replacement; Wood trees compensation to reflect market value of tree’s wood content. Relocation Transport/ transition All DPs to be . Provision of allowances to cover transport costs on costs relocated actual cost basis at current market rates. If physical relocation of the affected households is required and requested by the affected persons, appropriate relocation sites will be developed and will be fully serviced before relocation takes place.

Unidentified Unanticipated All DPs . Dealt with as appropriate during subproject Losses impacts implementation according to ADB policy.

11. Impact Assessment and LARP Preparation

1 IMPACT ASSESSMENT

a. Scoping

22. An initial scoping exercise (includes field visit) as per Annex A will be undertaken by the safeguards team accompanied by relevant members of NSUSC to assess subprojects. Standard ADB screening checklists for involuntary resettlement, gender and IP’s will be completed for detailed assessments. LARP preparation activities will be initiated as part of the preparation of each Tranche appraisal and will entail the following approach and studies.

a) Survey Approach

A detailed survey approach will be developed with associated costs, and submitted to ADB for approval prior to fielding. It will include all relevant items in each subproject taken up for rehabilitation and/or development, and the methodology and expected outputs. Household social survey questionnaires will be developed for conducting a sample social impact survey and obtaining baseline data. On completion of the detailed design, if there are any changes to the number of displaced persons the census will be finalized. b) Assessments to be conducted

24. The following studies and assessments will be undertaken during the preparation of the LARP.

i) Household Survey

25. A statistically significant (90% confidence) number of DPs will be surveyed to assess relevant socio-economic information such as land ownership, tenure and land use, agriculture, education, health, livelihoods, employment, income (business and other) levels and sources, expenditure levels, gender, type of business and employees, etc. Youth will be selected from local areas and trained as field investigators who will conduct the survey under the supervision and guidance of safeguards team, especially the Resettlement experts of NSUSC/PSU/Supervision Consultants Payment of surveyors will be based upon correctly entered surveys (to be checked by random quality reviews). The survey will be administered based on random sampling across each selected subproject sites.

ii) DP Census

26. On completion of detailed design, the census will be conducted of all DPs in the subproject area impacted by LAR activities. The aim of census is to take a head-count of all DPs, to collect basic household and socioeconomic information, to identify type of houses, businesses and resources impacted, and to assess livelihood methods. Questions will also relate to gender and vulnerable people (elderly, sick and disabled). The census will also be use as a vehicle to convey subproject- related information and to facilitate exchange of ideas between APs and safeguards team.

iii) Inventory of Losses 25

27. An inventory of all losses that include buildings, structures, crops, land, etc. will be prepared, grouped by type of loss with reference to each DP and documented. This inventory will be prepared by engineering assistants, later checked and verified by the safeguard team in consultation with Taluka administrators, with the valuation done by a professional valuer. The detailed measurement survey will be prepared on the basis of this inventory.

iv) Detailed Measurement Survey

28. The purpose of the detailed measurement survey (DMS) is to assess and verify engineering details including measurement of all affected structures. The type of construction and materials used will be checked, verified and recorded in respect of each affected structure. The DMS will be checked and certified by engineers attached to NSUSC.

29. The Land acquisition and Resettlement specialists and social moblizers of Design and Supervision Consultants will be primarily responsible for the survey, census and inventory of losses in The NSUSC will appoint officials to identify and confirm DPs upon the receipt of draft final design plan and drawings from the Consultants of NSUSC.

30. Data entry will be undertaken by the survey team members under the direct supervision of the safeguards specialists appointed by the Design and supervision Consultants. Complete protection of all personal information will be strictly maintained throughout LARP preparation, implementation and beyond. The social safeguards specialist will in close participation of local specialists will conduct analysis. The complete database will be utilized for monitoring and other external reviews during and after subproject implementation.

v) In-depth Interviews

31. The purpose of in-depth interviews is to collect mainly qualitative information required to understand issues relating to livelihoods, income sources and amounts, community networks, land sales, etc. that are normally unavailable from other sources. Such interviews will be conducted with women and other vulnerable people, indigenous people, community leaders, representatives of community-based organizations and businessmen. Any potential baseline data and issues on subproject impacts will be noted.

vi) Focus Group Discussions

32. The focus group discussions (FGDs) technique will address both qualitative and quantitative aspects that are hard to collect from other sources. Representatives of community organizations, households and business network are potential participants for FGDs. The materials collected from FGDs will supplement data from other sources and help understand subtle issues with regard to impacts, mitigation methods, issues on DPs participation and their preferences on compensation packages, among other matters. 26

B. Gender and Indigenous People

Women have important economic roles and engage in a very wide range of income making activities in the agricultural and marketing sector. The Project will pay particular attention to ensure that women are the recipients of the compensation pertaining to their activities and to ensure that women who are de-facto household heads are clearly listed as beneficiaries for compensation and rehabilitation proceedings. In order to ensure the above the following actions will be considered:

• Impact assessment will disaggregate the APs gender-wise and will clearly indicate the number of affected women-headed households and their pre-Project socioeconomic status.

• Women will be encouraged to actively participate In All LAR-related Consultations and Negotiations if are landowners or affected by the projects.

• LARP Monitoring Will Pay Special Attention On The Impact Of Resettlement On Women And Other Vulnerable Groups.

• Female Household Heads Will Be Registered As The Recipients Of Compensation/Rehabilitation Measures Due To Their Households. Land Titles For And Use Rights Of Replacement Land Will Be Registered In The Name Of Women, If Land Lost To A Subproject Was Legally Owned By Women. All Compensation Due To Woman-Headed Families Will Be Given To Only The Women Family Head. Due Consideration Will Be Given To Complaints And Grievances Lodged By Women Aps. Based On The Initial Reconnaissance, A Gender Action Plan (Gap) Will Be Prepared If Required. If Subproject Areas Are Found To Be Inhabited By IPs, An Indigenous Peoples Plan (IPP) Will Be Prepared Using The Collected Data, And Following ADB Guidelines. The IPDF approved for tranche 1 will be updated accordingly.

B. LARP Preparation

All LARPs will be based on the provision of this LARF and will be updated when required to reflect any changes to resettlement impacts or compensation arrangements. If needed the LARP will be updated (i) on the completion of detailed engineering design but prior to the award of civil works contracts and (ii) during the subproject civil works where design changes during construction result in changes to the resettlement impacts. All amended LARPs will be submitted to ADB for approval.

34. In the event of unforeseen impacts, NSUSC will inform ADB and prepare LARPSs in accordance with the SPS. Land will not be possessed until the LARP is approved by ADB and implemented and monitoring reports submitted. 27

12. CONSULTATION, PARTICIPATION AND DISCLOSURE

a) Stakeholder Consultation

35. DP Consultations will be carried out with the DPs to identify their needs and preferences for compensation/rehabilitation measures. In this regard, all DPs will be properly identified and thoroughly informed on the results of the census and impacts assessment, and their preferences on compensation and/or other resettlement assistance will be given due consideration. The processes and mechanisms ensuring the active involvement of DPs and other stakeholders will be detailed in the LARPs, which will include an appendix with date, list of participants, and minutes of consultation meetings.

b) Information Disclosure Plan

36. During the census and DMS, each household will be directly informed about the subproject, entitlements and procedures. Key information in the LARF, including the entitlement matrix, will be translated in Sindhi/ other local languages and disclosed to APs in the offices of the NSUSC, any NSUSCs subsequently established under SCIP, the TMAs, and the local Taluka Council. A Sindhi information pamphlet summarizing the LARP will be provided to all DPs; an information pamphlet summarizing the LARF in Sindhi will be made available to the communities. All documents will be disclosed on NSUSC website.

The monitoring reports will be translated and disclosed to the displaced persons including on the company website.

c) Complaints and Grievances Redress

37. For the purpose of supporting DPs to address all their project and implementation-related grievances, a Grievance Redress Process will be established. This process involves several levels to help DPs resolve their grievances. First, the aggrieved DP will be facilitated to resolve their complaint locally with the involvement of village leaders. Grievance will be referred to the Committee that will be established at NSUSC headquarter . Within 30 days the committee will discuss the matter and refer land and crop compensation related grievances to the Land Acquisition Collector (LAC) / DO Revenue, or grievances pertaining to all other types of assets and incomes to the NSUSC/NSUSC Safeguards Unit, and obtain a resolution. If the complaint still remains unresolved, it can be re-lodged by the DAP within one month of the LAC or Safeguards Unit decision with the Grievance Committee, which refers it to the Management of NSUSC/NSUSC. The DP must produce all relevant documents supporting their claim. The Management of NSUSC/NSUSC will rule on the issue(s) within 21 days of its lodgment. The NSUSC/NSUSC decision must be in compliance with the provisions of the LARF. If the grievance redress mechanism fails to satisfy the aggrieved APs/he can submit the case to the appropriate court of law as set out in sections 18 to 22 of the LAA (1894).

38. The Grievance Committee at NSUSC will normally comprise the Mukhtiarkar and Tapadar of the relevant Taluka, Chief Municipal Officer/TMA, the Social Safeguards Staff of the Safeguards Unit of NSUSC, and a representative of the Affected Persons. This Committee will oftenly meet in every first 28

week of the month to resolve issues of DPs. All stakeholders have been already consulted and have been briefed about the grievances redress mechanism

39. DPs will be fully and comprehensively supplied with all information with regard to the grievance redress process and will also be facilitated by the staff of the SGU. In case an DP has to bring their grievances to the court, all relevant costs will be reimbursed by NSUSC. The following diagram indicates t the Grievances Redress Mechanism.

DISPLACEDERSON

GRIEVANCE

Tapa/Village leader REDRESSED

UNRESOLVED

GRC REDRESSED

UNRESOLVED

PMU/Safeguard Team REDRESSED

UNRESOLVED

NSUSC Management REDRESSED

UNRESOLVED

COURTS GRIEVANCE REDRESSED

UNAFFECTED PERSON

Figure 1 : Grievance

13. INSTITUTIONAL ARRANGEMENTS 42. Roles and responsibilities for the design, implementation and supervision of land acquisition and resettlement functions within the Investment Program are vested with a number of different institutional actors as outlined below and in Table 4. The focus of land acquisition and resettlement implementation will be at NSUSC level, handled by their respective safeguards staff.

A. J1. PLANNING & DEVELOPMENT DEPARTMENT

43. Sindh’s Planning and Development Department (P&DD), based in Karachi, will act as the Investment Program Executing Agency (EA) and will oversee overall strategy, technical appraisal, and provision of counterpart finances, including land acquisition and resettlement finances. P&DD will also oversee the subprojects’ compliance with this LARF through a Program Support Unit (PSU).

B. J2. THE NORTH SINDH URBAN SERVICES CORPORATION

44. Under the Second tranche of the Investment Program, the NSUSC will function as an Implementing Agency (IA).3NSUSC will assume the LAR implementation tasks under Parts B and C of the Investment Program. NSUSC will also operate and maintain the facilities financed under the Investment Program. Headed by a Managing Director (MD), the NSUSC will include, among others, qualified personnel in the areas of (i) water supply and wastewater services; (ii) solid waste management; (iii) finance; (iv) capital works development and procurement; and (v) social and environmental safeguards. Social and environmental safeguards tasks will be assigned to a Safeguards Unit under the Managing Director and parallel with Capital Works Unit, Manager Environment and Land Acquisition and Resettlement as Two Permanent Staff with Extensive Experience In (1) Land Acquisition And Resettlement Specialist and (2) Environmental Safeguard Specialist. The Safeguards Unit has been set up now and will be supported by Environment and resettlement consultants. All documents related with land acquisition and Resettlement i.e LARP/LARF/Due diligence Reports/Internal Monitoring Reports will be prepared by the NSUSC / Supporting Consultants in consultation with the staff of Safeguard Unit. The Safeguards Unit will be responsible for the review and update of LARF, LARP, Due diligence Reports and Quarterly monitoring Reports and other documents related with Land acquisition and Resettlement and Environment. Implementation of all land acquisition and resettlement-related tasks, liaising with the District Revenue Offices (DRO), as well as other relevant government offices, and handling first instance compliance and grievances will be the responsibility of the NSUSC safeguard Unit For the execution of required surveys and impact assessments, the Safeguards Unit will rely on survey teams hired for each subproject on a temporary basis, under the direct supervision of the relevant staff of SGU assisted by consultant specialists. The Safeguards Unit will also be responsible to deliver all compensation and assistance for non-land, crops or trees losses to the APs through Land acquisition Collector.

45. PSU will be entrusted with tranche appraisal coordination, inter-agency liaison; internal monitoring; and finance administration. LARP preparation functions will be initiated by PSU until each

3Under subsequent Program tranches, similar urban services corporations (NSUSCs) will be established and will assume the same responsibilities for LAR; this is subsequently referred to as NSUSC/NSUSC. 31

NSUSC is sufficiently established. Land acquisition and resettlement tasks within the PSU will be carried out by qualified safeguards staff comprising one environmental and one social safeguards specialist, reporting to the PSU Program Director.

C. J3. LOCAL GOVERNMENT OFFICES

(1) District Revenue Office

46. In Pakistan the institution responsible for land administration, acquisition and valuation is the Board of Revenue located at provincial level and represented at district level by the Deputy Commissioner (DC).The Deputy Commissioner (DC) functions as the Land Acquisition Collector (LAC), unless he deputes these functions to Additional Deputy Commissioner or Assistant Commissioner, and local officers, including the Mukhtiarkar (Taluka) and Tapadars (Tapa) to keep Taluka level land title documentation and carry out title identification and verification. The activities of the DC/LAC are regulated by the Land Acquisition Act which covers not only land impacts but also impacts on crops and trees. They verify and validate LARPs and compensation rates and deliver to the DPs compensation for land, crop and tree losses (to be received from P&DD). The safeguard unit will coordinate with the DOR to ensure replacement cost assessment is made for compensation including ensuring transparent procedures as described in the LARF.

(2) Other Local Offices

47. The determination of compensation rates for assets different from land rests with provincial line- agencies and their district level offices, including the Mines and Minerals Development Department for leases in quarry lands, the Communication & Works Department for built structures, the Department of Agriculture for crops and fruit trees, and the Department of Forestry for timber trees.

48. The Office of the Chief Municipal Officer (CMO/TMA Head) is expected to play a coordinating role and the representatives of GRC Committee will represent the rights of the local citizens on grievance committees.

(3) Displaced Persons’ Committee

49. In each subproject with land acquisition and resettlement impacts, arrangements will be made to form an Displaced Persons’ Committee (DPC) during the census survey, if the DPs are numerous and desire to have a DPC. The various social and geographical categories of DPs would delegate representatives to the DPC and a President selected by the APs will head the committee. The DPC will participate in the planning, implementation and monitoring of all land acquisition and resettlement- related activities and issues in a consultative role, including their full engagement in the preparation of inventories and valuation of assets, assessment of damage to land and structures, payment of compensation livelihood restoration measures, grievance redress and LARP review. The Safeguards Unit will mobilize and assist the DPCs. 32

Table 5: Land acquisition and Resettlement -related Roles and Responsibilities of Agencies

Agency Responsibility

Government of Sindh • Program Executing Agency Planning and • LARF /LARP Development Department • approval (include all subsequent revisions) and NSUSC • Issue of final clearance (no objection) certificate and award of civil contracts

Government of Sindh • Notice of intent to acquire land under Section 4, LAA Board of Revenue / • Provision of land revenue records and maps; title identification and verification District Revenue Office, • Determination of compensation rates for land assets Coordination NSUSC/PSU • Delivery of compensation for land, crops or trees losses to the APs • Acquisition of land and transfer to TMA • Representation on grievance committees • Address and resolve grievances regarding land and crops Program Support Unit • LARP preparation and implementation (Tranche 1) /NSUSC • Preparation of LADDR • Up-date LARF/LARPs • Policy guidance and operational coordination/evaluation • Tranche appraisal coordination • Inter-agency liaison • Internal monitoring • Finance administration • Review of LARP implementation North Sindh Urban • LARP / LARDDR preparation and updates Tranche II Services • LARF updates Corporation/Urban • LAR information dissemination Services Corporations • Liaison with District Revenue Office (Safeguards Unit ) • LARP implementation • First instance compliance and grievances • Delivery of all compensation and assistance for non land, crops or trees losses to APs • Representation on grievance committees • Address and resolve grievances other than regarding land and crops • Review of LARP implementation LAR Consultants • LARF / LARP preparation • Support of NSUSC • Representation on grievance committees • Review of LARP implementation • Assistance to conduct studies and monitoring Taluka Municipal • LARF/ LARP endorsement Administrations. • Identification of land for subproject sites Cordination PSU/NSUSC • Open market purchase and ownership of land for subproject sites • Receipt of land for subproject sites from District Revenue Office • Provision of use of land to NSUSC/NSUSC under SAMA • LAR information dissemination • Coordination at subproject level • Grievance management 33

Agency Responsibility

Taluka Councils • LAR information dissemination supported by • Representation on grievance committees NSUSC/PSU

Provincial line-agencies- • Determination of compensation rates for assets different from land Board of Revenue, coordination NSUSC

Displaced Persons • Participation In stakeholder consultations • Receipt of compensation and support measures • Representation on grievance committees • Assistance in monitoring and other studies • DPC Grievance Committee • Address and resolve grievances

External Monitoring • External monitoring Organization for Category • Report to NSUSC, P&DD/PSU, ‘A’

Courts • Hear and judge on grievances not resolved by grievance committee

ADB • LARF / LARP approval • Review of LARP implementation • Publish approved LARF and LARPs on its web site • Provide technical advice to SGU/NSUSC

50. LARF/LARP preparation is the responsibility of NSUSC. Specialists and consultants attached to NSUSC will advise on preparation and assist conduct studies and assessments.

14. LAR IMPLEMENTATION PROCESS AND SCHEDULE A. K1. IMPLEMENTATION SCHEDULE

51. Subproject LARPs will include a time-bound implementation schedule to be prepared for each LARP, including (i) acquisition of land and other assets; (ii) release of funds to the acquiring agency; (iii) disbursement of compensation for various categories of assets and income losses; (iv) relocation and livelihood restoration/substitution measures; (v) demolition of structures and transfer of land; and (vi) grievance redress and monitoring and evaluation.

B. K2. LARP IMPLEMENTATION PROCESS

52. The implementation of a LARP will involve a multi-task process, for which responsibilities rests with several institutions. This process is summarized in Table 5 below. Civil works implementation for a subproject will only commence after this process is completed and the compensation/rehabilitation program detailed in a LARP, including compensation delivery, has been fully implemented. 34

C. K3. Training in LARP Implementation

53. At the beginning of each tranche, an resettlement consultant, of Design and Supervision Consultant will design and conduct training to build the capacity of the TMAs, NSUSC/NSUSC staff, relevant District and Provincial field staff and the PSU in accordance with sound land acquisition and resettlement practices in conformity to the ADB Safeguard Policy (2009), as well as with the provisions of the LAA of 1894 as applicable to the Sindh Province. The consultants will clarify the particular elements and procedures included in this LARF, especially the entitlements for compensation and the eligibility criteria, which shall apply to all subprojects of the SCIP. It will be particularly important that the program staff responsible for LARP implementation is familiar with the principles and procedures of land acquisition; public consultation and participation; assistance disbursement mechanisms; grievance redress; and monitoring of resettlement operations. 35

Table:06 Description of Tasks and Responsibilities for LARP Preparation and Implementation

Tasks Description of Tasks Responsibility

1.Scoping and Sizing of the Investment Program Tranche II NSUSC /P&DD/TMAs

2 Finalization of Sites for subprojects NSUSC/TMAs, Consultants/Board . of Revenue

3 Detailed scoping of potential land acquisition and resettlement NSUSC, Consultants, Board of . impacts Revenue

4 Review/update of subproject design indicating whether LAR is NSUSC, Consultants . necessary

5 Roles, responsibilities and action plan for LARP tasks NSUSC, Consultants . SUBPROJECT PREPARATION

1 Proposal to Revenue Dept. with summary of subproject and LAR NSUSC . component

2 Publication of Notice of Intent to acquire land under Section 4, LAA Board of Revenue .

3 Preparation of census, impact assessment and socio-economic NSUSC, Consultants . surveys

4 Training of survey, assessment and valuation teams NSUSC, Consultants .

5 Coordination with relevant local government agencies NSUSC, staff of SGU .

6 Verification of land records in affected areas, update of cadastral Mukhtiarkar, NSUSC, staff of SGU . maps

7 DMS, census and socio-economic survey, valuation survey Mukhtiarkar, NSUSC, Consultants, .

8 Review of census and survey, and request of additional field work, if Consultants and staff of SUG . required LARP PREPARATION

9 Public consultations and negotiations TMAs, NSUSC, Consultants, DPC .

1 Preparation of LARPs with results of census and socio-economic NSUSC, Consultants 0 survey .

1 Approval of LARP NSUSC, PSU/P&DD 1 .

1 Submission of LARP to ADB P&DD 2

. 36

1 LARP translation into local languages and public disclosure NSUSC (staff of SGU)PSU/P&DD, . TMAs, ADB

2 Distribution of relocation notices to APs NSUSC, TMAs, DO (Rev) .

3 Award of cheques for land compensation DO (Rev), DPs .

4 Award of other compensation, assistance and rehabilitation NSUSC, DPs

. measures

LARP 5 Relocation and construction NSUSC, contractors, DPs . IMPLEMENTATION 6 Income rehabilitation and substitution activities NSUSC .

7 Approval of subproject contract awards ADB .

8 Review of LARP implementation NSUSC, Consultants, PSU/, ADB .

1 Internal monitoring: monthly report to PSU; quarterly report to ADB NSUSC, PSU .

2 External monitoring: biannual report to PSU/P&DD and ADB EMO, PSU, NSUSC .

3 External evaluation of LARP program for category’A’ projects EMO .

Grievance redress and lawsuits NSUSC, DO (Rev), APC, Courts, Mukhtiarkar, Tapadar, AP representative

5 Interagency coordination NSUSC, DO (Rev), .

6 Communication with APs NSUSC, Mukhtiarkar, Tapadar

POST IMPLMENTATION/ TASKS RECURRING .

7 Review and facilitation meetings at provincial and TMA levels PSU, NSUSC, TMAs .

15. LARP BUDGETING AND FUND FLOW MECHANISM A. L1. BUDGETING

54. Each LARP will include a chapter providing detailed land acquisition and resettlement budget covering all compensation /rehabilitation, M&E (internal and external) and training provisions as relevant. The cost for the implementation of the LARP will be an integral part of

the program cost and will be included in the SCIP counterpart funds. Each LARP will include (i) 37

38 a detailed costs of land acquisition, relocation, and livelihood and income restoration and improvement (ii) source of funding; (iii) arrangement for approval; (iv) flow of funds, administration and contingency arrangements; (v) unit compensation rates for all affected assets and allowances; (vi) methodology for the computation of unit values; (vii) survey and assessment costs; and (ix) monitoring and evaluation costs.

B. L2. FUNDS FLOW

55. Funds for all assets lost, including resettlement assistance, relocation and transfer allowances and administration of LARP preparation and implementation will be provided by the GoS to NSUSC/ as counterpart funds. The cost of external monitoring can be financed under the loan. To ensure the availability of sufficient funds for all land acquisition and resettlement tasks the P&DD will allocate 100% of the cost of compensation at replacement cost and allowances anticipated and estimated in each LARP, plus 15% contingencies, to the NSUSC before LARP implementation. Fund allocation will be reviewed biannually based on the budget requirements indicated in the LARPs.

56. The Investment Program EA, P&DD, is responsible for the timely allocation of the funds to NSUSC required to implement the subproject LARPs. The total amount assessed for land acquisition and compensation, as well as crop compensation, will be disbursed by the NSUSC to the Office of the EDO (Rev), which must then make payment of compensation after passing the award under section-11 under the light of Pakistan land acquisition act 1894 . Funds for the compensation and rehabilitation of all other types of assets and incomes, as well as payments for open market transfer of assets, will be disbursed by NSUSC directly.

57. Payment of compensation will be made 60 days (two months) prior to the actual possession of the acquired lands or structures. DPs eligible for compensation will be given advance notice of the date, time, and place of payment through public announcements as well as other local means involving village leaders and rural institutions. No land will be possessed by the Deputy Commissioner (DC/Rev) or handed over to the NSUSC for commencing construction works without full payment of due compensations to the affected asset owners and their tenants. However, in case of a dispute, the assessed/allocated amount of compensation will be pledged in the names of the concerned DAPs, pending a decision by the court in accordance with LAA. 1894MONITORING AND EVALUATION

58. The land acquisition and resettlement process of each subproject will be monitored both, internally and externally. Internal monitoring will be conducted by NSUSC, assisted by the Design and Supervision Consultant. The SGU will have adequate staff including an international resettlement specialist to provide advice as and when required. External monitoring will be assigned to an External Monitoring Organization (EMO) for category ‘A’ projects, hired by P&DD on recommendation of specialists of SGU and approved by ADB. The EMO will be chosen among local consultants, NGOs, social research organizations or private sector companies. Specialists of the SGU will prepare the terms of reference (ToR) for the EMO before LARP implementation begins, which will be approved by PPU and ADB. However, if only a payment of cash compensation is required, no EMO will be required. Monitoring can be confined to the provision of documents which demonstrate the conclusion of negotiations with DPs and evidence of payments, to be submitted to ADB prior to the award of civil works contracts. 38

C. M1. INTERNAL MONITORING

59. In case of temporary or permanent relocation of DPs or provision of livelihood support measures, internal monitoring beyond the provision of evidence of payments of cash compensation will be carried out routinely by NSUSC, and the results will be communicated to ADB through the quarterly project implementation reports or on a needs basis depending on how the civil works awards are programmed. No civil works will commence until ADB has cleared monitoring reports for any given activity based on the construction schedule. Indicators for the internal monitoring will be those related to process and immediate outputs and results. This information will be collected directly in the field by NSUSC Safeguards Unit and reported quarterly to the Program Support Unit of P&DD to assess the progress and results of LARP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated quarterly in the standard supervision reports to ADB. Specific monitoring benchmarks will be: (i) Information campaign and consultation with DPs; (ii) Status of land acquisition and payments on land compensation; (iii) Compensation for affected structures and other assets; (iv) Relocation of DPs; (v) Payments for loss of income; (vi) Selection and distribution of replacement land areas; and (vii) Income and livelihoods restoration activities (viii) Grievance management

60. The above information will be collected by the NSUSC, which will monitor the day-to-day resettlement activities related to subprojects. Monitoring reports will be disclosed on NSUSC website and disclosed to the DPs. 48. The M&E staff assisted by consultants will undertake following activities to prepare and/or up-date LARFs and LARPs. The results of these activities will also be made use of in project monitoring as well as to prepare pother specific documents as requested by the EA and ADB: (i) census and DMS for all DPs; (ii) consultation and informal interviews with DPs; (iii) in-depth case studies; (iv) sample survey of DPs; (v) key informant interviews; (vi) Focus groups; and (vii) Public/ community meetings.

D. M2. EXTERNAL MONITORING

61. For category “A” subporje4cts, external monitoring (EM) of each LARP will be carried out by an EMO during the implementation of a LARP. EM results will be communicated to the NSUSC P&DD’s Program Support Unit, and ADB. Subproject LARPs with implementation timeframes under six months will be monitored only once. Subproject LARPs with implementation timeframes longer than six months will be further reviewed semi-annually. Reports will be submitted to NSUSC and ADB. External monitoring tasks include the review of internal monitoring reports and survey information and impact monitoring of LARP implementation, including DP and stakeholder consultations. The monitoring reports will be disclosed on NSUSC website and to the DPs. 39

62. The EMO will also assess the situation (i) payment of compensation (ii) information sharing and disclosure (iii) consultations (iv) support to vulnerable households (v) grievance management (vi) implementation of the LARP based on adequate socio-economic indicators and a review of the LARP implementation process, the EMO will provide independent feedback to relevant authorities with regard to the status of LARP implementation including recommendations for preparing a corrective action plan. (CAP). All CAPS are subject to disclosure.

Annex–A Outline of a Resettlement Plan

This outline is part of the Safeguard Requirements. A resettlement plan is required for all projects with involuntary resettlement impacts. Its level of detail and comprehensiveness is commensurate with the significance of potential involuntary resettlement impacts and risks. The substantive aspects of the outline will guide the preparation of the resettlement plans.

A. Executive Summary

This section provides a concise statement of project scope, key survey findings, Entitlements and recommended actions.

B. Project Description

This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement, or both and identify the project area. It also describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified data and provide a rationale for the final decision.

C. Scope of Land Acquisition and Resettlement

This section:

i. Discusses the project’s potential impacts, and includes maps of the areas or zone of impact of project components or activities;

ii. Describes the scope of land acquisition (provide maps) and explains why it is necessary for the main investment project;

iii. Summarizes the key effects in terms of assets acquired and displaced persons; and

iv. Provides details of any common property resources that will be acquired.

D. Socioeconomic Information and Profile

This section outlines the results of the social impact assessment, the census survey, and other studies, with information and/or data disaggregated by gender, vulnerability, and other social groupings, including:

Define, identify, and enumerate the people and communities to be affected;

Describe the likely impacts of land and asset acquisition on the people and Communities affected taking social, cultural, and economic parameters into account;

Discuss the project’s impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; and

Identify gender and resettlement impacts, and the socioeconomic situation, impacts, needs, and priorities of women.

E. Information Disclosure, Consultation, and Participation

This section Identifies project stakeholders, especially primary stakeholders;

i. Describes the consultation and participation mechanisms to be used during the different stages of the project cycle; ii. Describes the activities undertaken to disseminate project and resettlement information during project design and preparation for engaging stakeholders; iii. Summarizes the results of consultations with affected persons (including host communities), and discusses how concerns raised and recommendations made were addressed in the resettlement plan; iv. Confirms disclosure of the draft resettlement plan to affected persons and includes arrangements to disclose any subsequent plans; and v. Describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for consultation with affected persons during project implementation.

F. Grievance Redress Mechanisms

This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive.

G. Legal Framework

This section:

i). Describes national and local laws and regulations that apply to the project and identify gaps between local laws and ADB's policy requirements; and discuss how any gaps will be addressed.

ii) . Describes the legal and policy commitments from the executing agency for all types of displaced persons;

iii). Outlines the principles and methodologies used for determining valuations and compensation rates at replacement cost for assets, incomes, and livelihoods; and set out the compensation and assistance eligibility criteria and how and when compensation and assistance will be provided.

iv). Describes the land acquisition process and prepare a schedule for meeting key procedural requirements.

28 42

H. Entitlements, Assistance and Benefits

This section:

i). Defines displaced persons’ entitlements and eligibility, and describes all resettlement assistance measures (includes an entitlement matrix);

ii). Specifies all assistance to vulnerable groups, including women, and other special groups; and.

iii). Outlines opportunities for affected persons to derive appropriate development benefits from the project.

I. Relocation of Housing and Settlements

This section:

i). Describes options for relocating housing and other structures, including replacement housing, replacement cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified);

ii). Describes alternative relocation sites considered; community consultations conducted; and justification for selected sites, including details about location, environmental assessment of sites, and development needs;

iii). Provides timetables for site preparation and transfer;

iv). Describes the legal arrangements to regularize tenure and transfer titles to resettled persons; v). Outlines measures to assist displaced persons with their transfer and establishment at new sites; vi) . Describes plans to provide civic infrastructure; and vii). Explains how integration with host populations will be carried out.

J. Income Restoration and Rehabilitation

This section:

i). Identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources;

ii). Describes income restoration programs, including multiple options for restoring all types of livelihoods (examples include project benefit sharing, revenue sharing arrangements, joint stock for equity contributions such as land, discuss sustainability and safety nets);

iii). Outlines measures to provide social safety net through social insurance and/or project special funds;

iv) . Describes special measures to support vulnerable groups;

v) . Explains gender considerations and

vi). Describes training programs. 43

K. Resettlement Budget and Financing Plan

This section:

i). Provides an itemized budget for all resettlement activities, including for the resettlement unit, staff training, monitoring and evaluation, and preparation of resettlement plans during loan implementation.

ii). Describes the flow of funds (the annual resettlement budget should show the budget- scheduled expenditure for key items).

iii). Includes a justification for all assumptions made in calculating compensation rates and other cost estimates (taking into account both physical and cost contingencies), plus replacement costs.

iv). Includes information about the source of funding for the resettlement plan budget.

L. Institutional Arrangements

This section:

i). Describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the resettlement plan;

ii). Includes institutional capacity building program, including technical assistance, if required;

iii). Describes role of NGOs, if involved, and organizations of affected persons in resettlement planning and management; and

iv). Describes how women’s groups will be involved in resettlement planning and management.

M. Implementation Schedule

This section includes a detailed, time bound, implementation schedule for all key Resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works construction, and provide land acquisition process and timeline.

N. Monitoring and Reporting

This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures.

Annex B : Detail of Tranche -II Sub-Projects

Bid Land Requirement Package T2 Subproject Project Description /Safeguard NSUSC Screening / Comments No. assessment

Part A Program Implementation Support to NSUSC

A-1 Consultancy Services for new subproject identification, detail engineering design and preparation of bidding document, Consultancy services No requirement EIA and construction supervision and implementation of these projects.

A-2 Consultancy Services for Technical, Operational and Business Process & Consultancy services No requirement Financial Management to NSUSC Part B Water Supply and Waste Water Improvements

B-1 Sukkur: Sukkur: Construction of an • The present treated water capacity Force main requires land on extension of the water treatment is hardly 40% of the 16.3mgd daily existing Govt Land without requirement. The proposed impacts along Road ( Route plant at NaimashGah (NWTP) of 12 Govt Land with no extension at NWTP would add Survey Completed with no MGD together with force main to 12mgd to this system would meet Impacts resettlement or impacts confirmed Adam Shah service reservoir, the short fall. ). including meters and pressure • Rising main from Numaish to Adam Shah with will ensure requisite measuring devices. supply to proposed DNI zone, filling Preliminary design will of Adam Shah Reservoir and in be attached (detail 12 MGD Water Treatment Plant general improve water starved areas design will be prepared on Govt Land Entrusted to in the command area of Airport road by MMP as ICB-5) NSUSC as per SAMA at WTP DDR will be submitted NaimashGah (NWTP) , Sukkur

• Bulk Meters will ensure monitoring DDR of NRW and pressure in system

B-2 Replacement of old water mains and Govt Land with no supply and laying of all new Impacts mains/transmission lines including district Replacement of old water mains will meters as part of Master Plan, supply Govt Land Existing Right of Way reduce NRW and eliminate illegal and install appropriate leakage detection along roads and new mains along connections. Old pipes are Asbestos and NRW Equipment to reduce physical Preliminary design will road on Govt Land as confirmed Cement Pipes, too decayed to boost leakage from water supply networks. be attached- will be by Field survey pressure in the system insRefer to Grg No. MMP-977P01-P-DR- ready for Tender as ICB-5 Detail design DDR WS-S-002, MMP-977P01-P- DR-WS-R- Installations of Meters 001 and MMP-977P01-P-DR-WS-K-001 and tender ready by MMP- DDR will be submitted

B-3 Supplying and laying of new ring/trunk • The proposal is to interconnect all the mains, including bulk meters and three Water Treatment Plants and refurbishment of an elevated tank (OHR), Reservoirs at Adam Shah and and additional HSR. Refer to Drg No, Islamia for equitable service to all Govt Land with no parts of the city MMP-977P01-P-DR-WS-S-002, MMP- Impacts

977P01-P-DR-WS-R-001 and MMP- • Rehabilitation of Islamia Reservoir is 977P01-P-DR-WS-K-001 needed to save this 1895 structure Govt Land Existing Right of Way which is still vital for Sukkur and it Preliminary design will along roads and new mains along holds about 1.0 million gallons of be attached- will be water at high point. road on Govt Land as confirmed ready for Tender as by Field survey .DDR ICB-5 Detail design • A 300,000 gallons additional reservoir at high level is required and space is and tender ready by already available beside the old MMP- DDR will be reservoir on Govt Land . submitted

• Some modification in inlet and outlet pipe at Islamia Reservoirs are needed as well • B-4 Construction of water treatment plant at Construction of 6 MGD water Govt Land with no treatment plant at Airport is also Airport Road of 6 MGD together with Impacts DDR desilting and capacity enhancement of required • Rehabilitation and capacity storage lagoons and alternative supply of Preliminary design will enhancement of water storage

treated water from Numaish Gah via lagoons can store about 37.0 MGD of be attached- On Adam Shah service reservoir. Refer to water. These lagoons will also act as Entrusted Land to Drg No MMP-977P01-P-DR-WS-S-002 & pre-settlement ponds to reduce NSUSC by TMA- DDR turbidity load on Filter Beds. Schematic layout Drg No MMP-977P01- will be submitted

P-DR-WS-S-

B-5 9 Additional DNI Zones – replacement of Govt Land with no distribution network, household Impacts on existing connections, installation of domestic and right of way along commercial meters and associated Roads to be confirmed Govt Land Existing Right of Way investment in transmission lines. 9 DNI zones are being proposed to during detail survey- along roads and new distribution Designed to provide 3,000 customers provide reliable service on 24/7 basis existing survey does mains along road on Govt Land with 24/7 potable water supply. and to certain parts and these zones not provide any will be further confirmed by Detail are prelude to conversion of entire evidence of impacts Field survey during detail service area into 24/7 . engineering design. DDR Preliminary design will be attached on Govt Land with no impacts- DDR will be submitted

B-6 Construction of rapid gravity sand filter Govt Land with no (6MGD) and transmission line and Impacts WTP land laboratory at Existing water treatment entrusted to NSUSC by • Construction of 6 MGD water Govt Land with no Impacts WTP plant and distribution networks and TMA treatment plant at Rohri is required land entrusted to NSUSC by TMA transmission mains improvement. to supply treated water to city as till . Transmission Main on Right of Location shown on MMP-977P01-P-DR- this day only settled water is provided Preliminary design will Way Govt Land along Road and WS-R-001 up to year 2020. be submitted. • Improvement of transmission mains Treatment Plant on Existing Transmission Line as and distribution network will ensure Entrusted Govt Land to confirmed by Filed Survey requisite supply to proposed DNI NSUSC. Force main on DDR zone and in general improve water Govt land with no starved areas impacts. DDR will be submitted

B-7 Construction of new raw water intake on Detailed design is the River Indus To improve the raw water availability available with tender of 40 MGD for New Sukkur & Sukkur a NOC is applied with Govt Land on Bhakar Island – new Intake Pump Station (IPS) will be IRC- Govt agency 450 Yds - constructed on Bukkur Island and which will allow the water will be fetched from deepest land for the activity DDR point in River bed upto year 2050

B-8 Rehabilitation of drainage system, force WTP land entrusted to Before handing over to NSUSC the mains, and 3 disposal stations, 2x 100 NSUSC by TMA of Federal government has executed a Kva transformers and disposal stations force part of the mega sewerage project construction/replacement of three based on a master plan prepared by main on existing right existing force main and Master Planning of way of Govt Land RCC. The works proposed under T2 DDR investment for sewerage improvement along road /drains . are to construct missing links and

replacement of worn out rising mains

and provision of machinery and Preliminary design will equipment be attached with DDR

B-9 Rehabilitation & Improvement of A preliminary drainage master plan Govt Land with no Sewerage & Drainage System ( based worth 18.6 M$ was prepared by RCC impacts to be on Detail Design of Sewerage Project for the city. NSUSC has already confirmed by detail Consultancy of Federal Govt.) including completed priority works and federal survey during detail 13 Transformers for 13 Disposal stations Government has approved for engineering design . where new submersible pumps has been execution through NSUSC part of that existing Waste installed master plan at cost of about 10m$. Stabilisation Ponds on DDR The works proposed are for those Govt Land and Force areas that will not be covered from Main and Trunk Drains federal fund. It includes on existing Right of Way Govt Land. Sewerage system , sewer line, trunk mains, rehabilitation of existing WSPs ( waste Stabilisation Ponds- on

Ground Land ), machinery and Force Preliminary design will Main along right of way of Govt Land be attached with DDR Report confirmation of impact in detail design

B-10 Improvement, Rehabilitation and desilting The proposed works will rehabilitate of main drainage system and 7 disposal Govt Land of TMA , will the worn out sewers and provide new Govt Land of TMA Station with construction of new main be entrusted to NSUSC sewers and treatment of the waste disposal stations and its waste water as per SAMA DDR water treatment works

B-11 Improvement of Sewerage system and Govt Land (Irrigation Dept ) for waste Water Treatment system at in WWT Plant at Karo Naro - for Karo Naro and Improvement of Umar The karo naro and Umarkash are two Govt Land Disposal Station existing Kash Wah and New Yard Loco Shed rain water natural nalas now taking Entrusted Land to NSUSC (area) Sewerage Disposal Station. city sewage . These nallas need Preliminary will be deslting. Other works proposed are attached with DDR for improvement sewerage system submitted DDR

B-12 Rehabilitation and wastewater treatment Govt Land (TMA) plant at existing Stabilization Ponds at entrusted to NSUSC Entrusted Land to NSUSC by Jamali Goth. The collection ponds at Jamali goth Preliminary design will need to be converted into proper TMA - Govt Land with impacts be attached- MMP will waste stabilization ponds at existing covered in design detailing do Detailed Design and Ponds tender in ICB-5

B-13 Diverting wastewater of all disposal Jamali irrigation canal is being heavily Govt Land Existing Design is reviewed and waste stations from Mir wah canal to safe polluted as raw sewage is dumped Right of Way water will be diverted to existing discharge point by providing additional into at several locations. The works Preliminary design will waste water ponds on entrusted

force-main for disposal stations are proposed to divert such entry. A be attached confirming land to NSUSC ( Govt Land . new WWT plant is also proposed any additional govt DDR land

B-14 Supply of sewer/drain cleaning Equipments, 4 Jetting machines, 4 These equipments are proposed to sucking machines, 16 small skid steer Preliminary design will Equipment and supplies – no land clean sewers and dispose of the de- loaders-excavators. be ready is required silted stuff

B-15 Small Capital Works/Projects for For entrusted assets operational improvement of water supply Replacement of pumps motors E&M from TMA- DDR will be Supplies and equipments on and sewerage system. equipment , critical component of submitted entrusted assets transfer to system NSUSC by TMAs as T2 cities

B-16 Establishment of NRW reduction and No Land required pressure management zones Teams with DMA establishment with supplied of Supplies and equipment on PRV and other equipments and required resources. Concept design will be existing pipes and mains systems for NSUSC Staff attached

B-17 Energy Audit Investments and energy Supplies in Water Treatment Plants, conservation measures in all town water Disposal Stations, Intake and NSUS and waste water plants. Facilities for improving energy efficiency and conservation including system of electricity usage and No Land Required Supplies and equipment - generation Concept design will be It includes Energy conservation for attached pump sets and other electrical- powered assets in the water supply and wastewater systems and offices

of NSUSC.

B-19 NSUSC Organization Improvements Recommendations for equipment Project Equipment required to improve requirements, including tools operational performance including available for day to day duties by Central and Regional Control Centers, operators establishment of stores, workshops standalone equipment; tools, office Vehicle mounted: jetting equipment and software and associated training. machines, suction tankers, CCTV vans, construction vehicles, etc.

Stand alone: compressors, generators, drag winches, energy analysers, etc.

Tools: jack hammers, and tools for Concept design will be the repair teams attached- Govt land for The facilities will be built on workshops and stores existing entrusted assets/land in Office equipment and software, at existing entrusted various town – Govt Land such as additional computers, land from TMA to scanner/printers and software NSUSC applications

• Central Control Room • Central Stores in Sukkur + 3 sub stores in Khairpur, Shikarpur, Larkana • Fleet workshop for all vehicles • Equipment workshops for M&E • Offices • Training room

Part C Solid Waste Management Improvement

C-1 Solid waste management improvements LARP updated for Khairpur, and sanitary landfill disposal works, landfill payments completed. Shikarpur Concept design will be equipment landfill Sanitory Land Fill Sites for T1 cities LARP updated. and DDR for attached with PFR by except Larkana Rohri.. Acquisition of land from MMP- the quarry operator has been avoided.

C-2 Additional SWM Secondary collection SWM Purchase of additional side equipment and SKIPS, System and loaders (SL) and 3.5m³ containers replacement of old TMA system including New SMW Secondary Collection Purchase of additional rear loader Equipment including road mechanical (RL) and 7 m³ containers sweepers. Purchase of tractor and trolleys for replacement of existing equipment to reduce significant repair costs Detailed design and bid Supplies and equipment – No Purchasing of skid steer loaders for documents will be Land Required loading and cleaning purposes ready with PFR

Purchasing of office containers for site operation improvement including AC (1,5), Generator (5kW), Watertank (100l), Wetcell

D 1 Operational Support Funding Operations shortfall for NSUSC NA NA Operations

Annexure- C Field Survey Form

Name of the Sub Project ………………………………………………………..

Location City ………………………………

Date of Survey and Surveyor …………………………………………….

Type of Project ( tick One )

• Force Main / Main Line / Transmission Lines • Water Treatment Plant • Main Sewer Line • OHR • Workshops for Vehicles • Garage of Vehicles • Others

Location Right of Chain Land Ownership Project Sitting / Right of Way Assessment for Social GPS Way / age in Screening area in Kms Sq m from – a/Acres to ) 0- 1 Photogra for the Km ph Number Project minimu /Commen m ) ts

Public Public Privat Others Proper Huts / Private Public Public Relocati land Land or ty tempora Business Utilitie Facilit on of

Location Right of Chain Land Ownership Project Sitting / Right of Way Assessment for Social GPS Way / age in Screening area in Kms Sq m from – Photogra a/Acres to ) 0- 1 for the Km ph Project minimu Number /Commen m ) ts

withou with e Unknow Private ry /Tempora s y ( People t impact n House ry – water or their impact s s Handcart taps/ numbers s Restin g Bench etc )

Yes / No

E. CONCLUSION: OWNERSHIP OF LANDS COMMENTS AND ASSESSMENT :

F. MAPS

Right of Way

Locations

Others

Prepared By ………………………………………….

Check By LAR Specialist

Project Manager / Team Leader