40423-053: Due Diligence of Ongoing Projects in Assam, Chhattisgarh
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Due Diligence Report on Social Safeguards April 2015 IND: Rural Connectivity Investment Program – Project 3 Due Diligence of Ongoing Projects in Assam, Chhattisgarh, Madhya Pradesh, Odisha, and West Bengal under Project 1 and Project 2 (Loan 2881-IND) and (Ln 3065-IND) Prepared by Ministry of Rural Development, Government of India for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 31 March 2015) Currency unit – Indian rupees (INR/Rs) Rs1.00 = $ 0.016 $1.00 = Rs 62.5096 ACRONYMS AND ABBREVIATIONS ADB : Asian Development Bank APs : Affected Persons BPL : Below Poverty Line CD : Cross Drainage DM : District Magistrate EA : Executing Agency EAF : Environment Assessment Framework ECOP : Environmental Codes of Practice FFA : Framework Financing Agreement GOI : Government of India GRC : Grievances Redressal Committee IA : Implementing Agency IEE : Initial Environmental Examination MFF : Multi-Project Financing Facility MORD : Ministry of Rural Development MOU : Memorandum of Understanding NC : Not Connected NGO : Non-Government Organization NRRDA : National Rural Road Development Agency NREGP : National Rural Employment Guarantee Program PIU : Project Implementation Unit PIC : Project Implementation Consultants PFR : Periodic Finance Request PMGSY : Pradhan Mantri Gram Sadak Yojana RCIP : Rural Connectivity Investment Programme ROW : Right-of-Way RRP : Report and Recommendation of the President RRSIP II : Rural Roads Sector II Investment Program SRRDA : State Rural Road Development Agency ST : Scheduled Tribes TA : Technical Assistance TOR : Terms of Reference TSC : Technical Support Consultants UG : Upgradation WHH : Women Headed Households GLOSSARY Affected Persons (APs): Affected persons are people (households) who stand to lose, as a consequence of a project, all or part of their physical and non-physical assets, irrespective of legal or ownership titles. Encroacher: A person, who has trespassed government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there. Such act is called “Encroachment.” Pallisabha Resolution: A resolution drawn up by the collective decision of villagers. The resolution drawn up for the purpose of the project refers to identification of the affected persons, extent of their losses by unique identification and signed consent of the affected persons to donate voluntarily the identified assets for the project purpose. The resolution is also signed by the village sarpanch, village president and other villagers including senior citizens of the village. Panchayat: An institution (by whatever name called) of self-government for rural areas constituted at the village, intermediate, and district levels under article 243B of the Constitution of India. The three levels of panchayat comprise gram panchayat at village level, intermediate panchayat at block level, and zilla panchayat at district level. Village level mechanism for grievance redress: village committees were in place comprising the village sarpanch, village president and senior citizens for the purpose of redressal of grievances Sarpanch: Elected head of the Gram Panchayat Zilla: A district which is the first administrative division at the state level. NOTE In this report, $ refers to US Dollars This due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. CONTENTS I. CONTEXT AND PURPOSE OF THE REPORTS 1 A. Introduction 1 B. Overview of the Social Safeguards Requirements of the Project 2 C. Projects Description 3 D. Implementation of Social Safeguards in Projects 1 and 2 4 E. Gender Action Plan (GAP) 6 II. ASSAM - RANDOM SAMPLE CHECK OF SOCIAL SAFEGUARDS COMPLIANCE PROJECTS 1&2 8 A. Status of RCIP Project 1 and Project 2 in Assam 8 B. Methodology 8 C. Findings 8 III. DUE DILIGENCE OF SOCIAL SAFEGUARDS COMPLIANCE – PROJECTS 1 AND 2 RURAL CONNECTIVITY INVESTMENT PROGRAM: CHHATTISGARH 14 A. Status of Project 1 and Project 2 Roads in Chhattisgarh 14 B. Methodology 14 C. Findings 14 IV. DUE DILIGENCE OF SOCIAL SAFEGUARDS COMPLIANCE – PROJECTS I & II RURAL CONNECTIVITY INVESTMENT PROGRAM: MADHYA PRADESH 20 A. Status of Projects 1 and 2 in Madhya Pradesh 20 B. Methodology 20 C. Findings 20 V. DUE DILIGENCE OF SOCIAL SAFEGUARDS COMPLIANCE – PROJECTS 1& 2 RURAL CONNECTIVITY INVESTMENT PROGRAM: ODISHA 28 A. Status of Project 1 and Project 2 Projects in Odisha 28 B. Methodology 28 C. Findings 28 VI. DUE DILIGENCE OF SOCIAL SAFEGUARDS COMPLIANCE – PROJECTS 1 & 2 RURAL CONNECTIVITY INVESTMENT PROGRAMME: WEST BENGAL 33 A. Status of Projects 1 and 2 in West Bengal 33 B. Methodology 33 C. Findings 33 VII. CONCLUSION 37 APPENDICES APPENDIX 1: RCIP GENDER ACTION PLAN (GAP) 38 APPENDIX 2: LIST OF ROADS WITH APS/VAPS FOR EACH STATE 40 1 I. CONTEXT AND PURPOSE OF THE REPORTS A. Introduction 1. The Rural Connectivity Investment Program (RCIP) is continuation of Rural Road Sector II the Government of India (GOI) launched “The Pradhan Mantri Gram Sadak Yojna (PMGSY)” in year 2000 the objective of PMGSY is to provide all-weather road connectivity to all rural habitations with a population of more than 500 persons in plains and 250 persons in hill states. This program is being implemented through National Rural Road Development Authority (NRRDA) under Ministry of Rural Development (MORD) at central level and through State Rural Road Development Authority/Agencies (SRRDA) at state level. 2. The Rural Connectivity Investment Program (RCIP) is continuation of Rural Road Sector II Program (RRS IIP) and is a multi-Project financing facility (MFF) that will construct or upgrade to all-weather standards 3,998 rural roads equivalent to 13,884 km, and connecting 5,238 habitations in the states of Assam, Chhattisgarh, Orissa, Madhya Pradesh and West Bengal (RCIP states). The RCIP will also focus on improvement of institutional arrangements, business processes and associated capacity building. This will especially be done in relation with design, operation, safeguard, financial, road safety, and asset management matters. Investments in rural roads will improve connectivity, cut transport costs, and provide enabling infrastructure to areas currently with poor access to markets and urban towns, and thus contribute to growth and equity in the country’s largest sector. 3. RCIP I (“Project 1”) of Loan number Ln 2881-IND of $252 million entailed the cost of upgrading to all-weather standards of 1076 rural roads equivalent to 3885 km in the five project states, connecting in the process 1597 habitations. Project 1 also included the construction of 5 rural connectivity training and research centers (RCTRCs) and rural roads network management units (RRNMUs). Project 1 was approved in 2013 and became effective on 5 June 2013. Originally, the loan was planned to improve 945 rural roads, but project savings allowed for the construction of an additional 131 rural roads, bringing the total number of roads to 1076 (3885 km). 4. RCIP II (“Project 2”), with the Loan number Ln 3065-IND targets the upgrading of 1100 roads equivalent to 3870 km, with the goal of connecting 1694 habitations. Project 2 of $275 million was approved on 25 November 2013. Originally, the loan was planned to improve 1061 rural roads, but project savings allowed for the construction of an additional 28 rural roads, bringing the total number of roads to 1100 (3870 km). As of March 2015, 591 out of 769 (76%) contracts have been awarded and 596 km of roads (15%) have been constructed. 5. RCIP Project 3 is currently under preparation and expected to be approved at the end of 2015. It involves the upgrading of 1822 rural roads, equivalent to 6128 km, as well as 25 RRNMU in all RCIP states. The Project is expected to connect 1947 habitations. Its cost is estimated at USD 518.30 million. 6. This report is designed to provide an update on the status of social safeguards requirements implementation for Projects 1 and 2. 2 B. Overview of the Social Safeguards Requirements of the Project 7. The Community Participation Framework (CPF)1, specific to each state, establishes social safeguards guidelines supplemental to the PMGSY guidelines for community consultation that comply with ADB social safeguards requirements. The CPF details the procedural steps and requirements to be followed for all subprojects to be included under the Rural Connectivity Investment Program (RCIP) to be financed under ADB Loans prior to the approval of each loan Project. 8. The social impacts under PMGSY are expected to be minimal. The construction will take place on the existing alignment and the civil works proposed beyond this alignment are minor (i.e. shoulder adjustments or drainage). However, the available width of the existing tracks may not always be sufficient to accommodate the proposed improvements, and may result in impact on an individual’s land, tree, crop or structure. Common impacts include damage on very narrow strips of land, fences or verandahs. In very rare cases are impacts on structures expected. 9. Given the minimal nature of impacts, the standard practice that has been exercised under RCIP is voluntary donation by affected households. The