RP: India: Barunapul–Rashiyaari Subproject (SH-88), Bihar State

Resettlement Plan

November 2011

IND: Bihar State Highways II Project – Additional Financing

Barunapul–Rashiyaari Subproject (SH-88)

Prepared by Bihar State Road Development Corporation, Government of Bihar for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 5 December 2011) Currency unit – Indian rupee (Rs) Rs1.00 = $0.0195675570 $1.00 = Rs51.105000

ABBREVIATIONS ADB – Asian Development Bank ARO – Assistant Resettlement Officer BPL – Below Poverty Line BSR – Basic Schedule of Rates BSRDC – Bihar State Road Development Corporation CPR – Common Property Resources CSC – Construction Supervision Consultant DC – District Collector DGM – Deputy General Manager DH – Displaced Households DP – Displaced Persons DPR – Detailed Project Report EA – Executing Agency EE – Executive Engineer FGD – Focus Group Discussion GoI – Government of India GRC – Grievance Redress Mechanism IA – Implementing Agency IP – Indigenous Peoples IR – Involuntary Resettlement LAA – Land Acquisition Act LAP – Land Acquisition Plan MD – Managing Director NGO – Nongovernment Organization NRRP – National Rehabilitation and Resettlement Policy, 2007 OBC – Other Backward Castes PIU – Project Implementation Unit PMU – Project Monitoring Unit RC – Resettlement Cell R&R – Resettlement and Rehabilitation RO – Resettlement Officer ROW – Right-of-way RP – Resettlement Plan SC – Scheduled Caste SPS – ADB Safeguard Policy Statement ST – Scheduled Tribe TOR – Terms of Reference

NOTE In this report, "$" refers to US dollars.

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

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

TABLE OF CONTENTS

1. PROJECT DESCRIPTION ...... 1 1.1 General ...... 1 1.2 The Project Road and its Location ...... 1 1.3 Profile of the Project Area ...... 2 1.4 Subproject Impacts and Benefits ...... 2 1.5 Project Components ...... 5 1.6 Minimizing Resettlement Impact ...... 6 1.7 Scope and Objective of Resettlement Plan (RP) ...... 7 1.8 Methodology ...... 7 2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ...... 9 2.1 Scope of Land Acquisition ...... 9 2.2 Loss of land ...... 9 2.3 Loss of Structure in the Affected Private Land ...... 11 2.4 Impact on Private Trees ...... 13 2.5 Loss of Livelihoods ...... 14 2.6 Loss of Community Property Resources (CPR) ...... 14 2.7 Summary- Subproject Impacts ...... 14 3. SOCIOECONOMIC INFORMATION AND PROFILE ...... 16 3.1 Socioeconomic Profile of Project Area ...... 16 3.2 Social Categories of DPs ...... 17 3.3 Religious Categories of the DPs ...... 17 3.4 Number of DPs ...... 17 3.5 Number of DPs of Special Categories ...... 18 3.6 Vulnerable Households being Affected in the Subproject ...... 18 3.7 Annual Income Level of the Affected Households ...... 18 3.8 Educational Status of DPs ...... 19 3.9 Occupational Status of DPs ...... 19 3.10 Impact on Indigenous People ...... 20 3.11 Gender Impact and Mitigation Measures ...... 20 4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION ...... 22 4.1 Stakeholders in the Project ...... 22 4.2 Public Consultation in the Project ...... 22 4.3 Methods of Public Consultation ...... 22 4.4 Scope of Consultation and Issues ...... 22 4.5 Findings of Focused Group Discussions ...... 23

4.6 Consultation with Officials and Other Stakeholders ...... 23 4.7 Plan for further Consultation in the Project ...... 24 4.8 Information Disclosure ...... 26 5. GRIEVANCE REDRESS MECHANISMS ...... 27 5.1 General ...... 27 5.2 Grievance Redress Mechanism ...... 27 5.3 Constitution and Function of the GRC ...... 27 5.4 Operational Mechanisms of GRC ...... 28 6. LEGAL FRAMEWORK ...... 29 6.1 Introduction ...... 29 6.2 Land Acquisition Act 1894 ...... 29 6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) ...... 30 6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP-2007). 32 6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement ...... 33 6.6 Comparison of National and State Policies with ADB’s IR Policy ...... 34 6.7 Policy Framework for this Project ...... 38 6.8 Methodology for Determination of Valuation of Assets ...... 41 6.9 Procedure and Steps of Land Acquisition ...... 41 7. ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 43 7.1 Definition of DPs and Eligibility ...... 43 7.2 Entitlements ...... 43 7.3 Entitlement Matrix ...... 46 8. RELOCATION OF HOUSING AND SETTLEMENTS ...... 50 8.1 Basic Provision for Relocation ...... 50 8.2 Need for Relocation ...... 50 8.3 Magnitude of Physical Displacement in the Subproject ...... 50

Appendix-1 Census Survey Questionnaire………………………………………………..……69 Appendix-2 ToR for NGO………………………………………………………………………….73 Appendix-3 Findings of the Consultations………………………………………………………83

EXECUTIVE SUMMARY

A. Project Description

1. The Bihar State Road Development Corporation (BSRDC), Government of Bihar is presently implementing Bihar State Highways (BSHP) and BSHP-II Project under Asian Development Bank (ADB) assistance to strengthen and rehabilitate the deteriorated state roads and upgrade some newly declared state roads to provide reliable road transport services in the state. Under BSHP-II - Additional Financing, four subprojects road sections (SH-83, SH-86, SH- 87, and SH-88) totaling 258 kilometers are selected for which detailed project reports (DPR) for these road sections are being prepared by BSRDC. This Resettlement Plan1 is prepared for the SH-88 subproject which is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned.

2. The subproject road section (SH-88) is 124.20 km road from Baruna Bridge – Rasiyari passes through the two districts Darbhanga and Samastipur of Bihar. This road starts from the junction near Baruna Bridge on NH-103 and ends at Rasiyari of Darbhanga District. The ROW available in the road section ranges from 6 to 25 m. Formation width where it is black topped is limited to 3.5 to 5.5 meters only.

3. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area.

4. As the existing ROW is very much limited in the project road, the additional requirement of land may be up to 18m (in bulit up area) & 25m (in open area) in substantial portion of the project length. This RoW (varies with varying extent of toe line) has been decided based on the embankment toe line due to requirement of comparatively more construction width due to high embankments for significant length.. Key activities for sub-project road improvement involves (i) widening/strengthening of the road up to 2-lane configuration (ii) improving road geometry (iii) laying of embankment (iv) rehabilitation and construction of new bridges and other cross drainage structures (v) construction of side drains (vi) construction of ROBs (vii) Junctions/intersections improvement (viii) provision of service roads, underpasses and way side amenities etc. The brief of all key project activities are described below. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts.

1 As per ADB’s SPS-2009 and OM Section F-1/OP issued on January 2010, 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).

iii

5. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 formulated by ADB to protect the rights of the Displaced persons and communities.

B. Socio-economic Information and Profile

6. The project area consists of two districts Darbhanga & Samastipur. Siwan district is one of the thirty-seven districts of Bihar state, India. Darbhanga has an area of 2279 Sq. Km with population is 3295789 as per 2001 census. The district is densely populated with 1446 person per Sq. km. which is substantially higher than the state average density of 880 persons per sq km according to 2001 census year. Samastipur district has an area of 2904 Sq. km with population of 2716929 as per 2001 census. The district is densely populated with 935.6 per Sq. km higher than the state average. Sex ratio, expressed as number of females per thousand males, of Darbhanga district (914) and also Samastipur (928) is comparable to the state average of 919 as per 2001 census. Bihar does not have any significant number of tribal population, 0.9% of total population, after division of the state into two, the other half being Jharkhand, the home of many scheduled tribes.

C Scope of Land Acquisition and Resettlement

7. According to the Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, 184.678 acres of land will be acquired for the subproject. The area is excluding the area that already lies with Road Construction Department in terms of existing roads falling in the alignment. A project census survey was carried out to identify the persons who would be affected by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation.

8. As per findings of the 100% census of affected land and non-land assets, the subproject impacts can be broadly classified as (i) impacts on private land, (ii) impacts on private structures, (iii) impacts on livelihoods due to loss of private properties and (iv) loss of common property resources. From the analysis of impacts it is noted that altogether 3059 land units/plots will be affected. As per the survey, in 5421 household comprising total number of 24002 persons will be affected in the subproject. The details of subproject impacts are discussed in the following section and the summary subproject impacts are presented in the Table E.1.

Table E.1: Summary Subproject Impacts

Sl. No. Impacts Number 1 Total land acquisition requirements (in Acre) 184.678 2 Total private land acquisition requirements (in acre) 180.156 3 Total number of land units/plots affected 3059 4 Total number of private land units/plots affected 2937 5 Total number of private structures affected (1117 TH + 88 NTH) 2077 6 Total number of households affected (2799 TH + 88 NTH) 5421 7 Total Number of physically displaced households2 1533 8 Total Number of Vulnerable households affected 1107 Total number of displaced persons including physical and 9 economic)- (TH and NTH DPs) 24002 10 Total number of CPR affected (Religious Structure) 83 11 Total number of Government Structure affected 29 12 Total number of Trees affected 441 Source: Census Survey, BSHP-II Project – Additional Financing, 2011

D. Stakeholders Consultation and Participation

9. Consultations with various stakeholders were carried out during various phases of project preparation. Project related information were disseminated to the APs and based on the findings of consultation with DPs alignment was reviewed and suitably modified to minimize the resettlement impacts. During preparation of RP further consultations with DPs were carried out disseminating information of change of alignment, project entitlement and mitigation measures etc. To keep more transparency in planning and for further active involvement of APs and other stakeholders the project information will be disseminated through disclosure of resettlement planning documents. The EA will submit the following documents to ADB for disclosure on ADB’s website:

i. the final resettlement plan endorsed by the EA after the census of displaced persons has been completed; ii. a new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if any; and iii. the resettlement monitoring reports.

10. The EA will provide relevant resettlement information, including information from the above mentioned documents in a timely manner, in an accessible place (district magistrate office, office of the PIU and office of the LAO) and in a form and language(Hindi) understandable to affected persons and other stakeholders. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the sub-project will be made available in local language (Hindi) and distributed to DPs.

E. Legal Framework

11. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GOI, the Government of

2 Details on physically displaced households may be found on sections 2.1.5 (Scale of Impact on Affected Private Land Units/Plots) and 2.2.2 (Scale of Impact on Private Structure)

Bihar and Asian Development Bank and the Entitlement Matrix adopted for the BSHP-II project. Prior to the preparation of the Resettlement Plan, a detailed analysis of the existing national and state policies was undertaken. This RP is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. Based on the analysis of applicable legal and policy frameworks of the country and in consistent with ADB’s policy requirements the broad resettlement principle for this project is finalized.

F. Entitlements, Assistance and Benefits

12. The project will have three types of displaced persons i.e., (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to all three types of displaced persons 13. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the census survey which is 26th June 2011. DPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. Compensation for the lost assets to all households will be paid on the basis of replacement cost. Resettlement assistance for lost income and livelihoods will be provided to both title holders and non-title holders. Special resettlement and rehabilitation measures will be made available to the “Vulnerable Group” as per the Entitlement Matrix formulated for the project.

G. Relocation of Housing and Settlements

14. The EA will provide adequate and appropriate replacement land and structures or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The EA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. Preference will be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. In the case of physically displaced persons, the EA will provide (i) relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services as required; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) opportunities to derive appropriate development benefits from the project.

H. Income Restoration and Rehabilitation

15. The households losing their livelihoods include titleholders land, agricultural laborers, agricultural tenants, and sharecroppers, or having commercial structures and employees of the affected structures. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the EA will promptly compensate for the loss of income or

livelihood sources at full replacement cost. The EA will also provide assistance such as credit facilities, training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels.

I. Resettlement Budget and Financing Plan

16. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation, public consultation and other administrative expenses are part of the overall project cost. The unit cost for land and other assets in this budget has been derived through field survey, consultation with affected families, relevant local authorities and reference from old practices. Contingency provisions have also been made to take into account variations from this estimate. The total R&R budget for the proposed subproject RP works out to Rs. 944.89 million.

J. Grievance Redress Mechanisms

17. In the subproject RP implementation there is a need for an efficient grievance redressal mechanism that will assist the affected persons in resolving their queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC. The GRC will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRCs will continue to function, for the benefit of the DPs, during the entire life of the subproject including the defects liability periods.

K. Institutional Arrangements

18. The Executing Agency (EA) for the Project is BSRDC, Government of Bihar. The existing BSRDC has already set up a Project Management Unit (PMU) headed by a Managing Director (MD) with General Managers and Deputy General Managers (DGM) assisted by Managers. This office will be functional for the whole Project duration. The EA, headed by MD will have overall responsibility for implementation of loan and will also be responsible for the overall coordination among ADB, Government of Bihar and PIU. For resettlement activities, PMU will do the overall coordination, planning, implementation, and financing. Project Implementation Unit (PIU) will be established at subproject level for the implementation of subprojects. Keeping in view the sensitivity R&R matters an experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP.

L. Implementation Schedule

19. Implementation of RP mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The

vii

civil works contract for each subproject will only be awarded after all compensation and relocation has been completed for subproject and rehabilitation measures are in place.

M. Monitoring and Reporting

20. Monitoring and reporting are critical activities in involuntary resettlement management in order to ameliorate problems faced by the APs and develop solutions immediately. RP implementation for the subproject will be closely monitored by the EA through it’s PIU and implementing NGO. Additionally, the EA will engage expert for monitoring of the subproject RP implementation and will submit biannual reports to determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. All the resettlement monitoring reports will be disclosed to APs as per procedure followed for disclosure of resettlement plans by the EA.

1. PROJECT DESCRIPTION

1.1 General

2. This Resettlement Plan3 is prepared for the SH-88 subproject which is considered as “Category A” as far as Involuntary Resettlement (IR) is concerned.

1.2 The Project Road and its Location

3. The subproject road section (SH-88) is located in the in Darbhanga and Samastipur district of western Bihar. The Location map of Bihar state Highway Projects-II and sub-project is given in Figure: 1.

Figure: 1 Subproject Location Map

SH 88

3 As per ADB’s SPS-2009 and OM Section F-1/OP issued on January 2010, 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).

4. The subproject road section (SH-88) is 124.20 km road from Barunapul to Rasiyari passes through the Darbhanga and Samastipur district of Bihar. The ROW available in the road section ranges from 6. to 25m. Formation width where it is black topped is limited to 3.5 to 5.5 meters only. The carriageway of SH-88 is flexible pavement. It is observed that the pavement condition is generally fair to good with some fine to medium cracks varying from 1 % to 5 % in some areas. Ravelling as such was not noticed all along the project road. Rutting was observed at a number of locations in the order of 2 – 10 mm deep Patch works were also observed at very few places. Based on pavement condition, approximately 35 km of road length is fair, 60 km is good, 6.5 km is poor and the remaining 7 km is under very poor conditions. Pavement thickness varies between 225 mm to 550 mm.

5. Soft shoulders are generally in fair to good condition. However, at a few locations especially on high embankment sections the width is reduced to only 1 m. Edge drop and undulation are also observed at a few locations. Rain cuts are also observed at major locations mainly on high embankment stretches like approaches to the structures due to lack of protection works and chute drains.

6. The horizontal alignment of the existing road has several sub-standard and sharp curves including right angle turn especially in initial stretch. Also, there is no proper transition length for several horizontal curves to provide for required super elevation reversal for riding safety and comfort. These deficiencies have been corrected in fixing the horizontal alignment for the entire subproject road to conform to MOSRTH standards. The vertical alignment of the road is at a flat grade with the height of embankment generally varying from 0.50 to 1.6.00 m, except for the approaches to major bridges.

1.3 Profile of the Project Area

7. The project area consists of two districts Darbhanga & Samastipur. Darbhanga & Samastipur district are two of the thirty-seven districts of Bihar state, India. Darbhanga has an area of 2279 Sq. Km with population is 3295789 as per 2001 census. The district is densely populated with 1446 person per Sq. km. which is substantially higher than the state average density of 880 persons per sq km according to 2001 census year. Samastipur district has an area of 2904 Sq. km with population of 2716929 as per 2001 census. The district is densely populated with 935.6 per Sq. km higher than the state average. Sex ratio, expressed as number of females per thousand males, of Darbhanga district (914) and also Samastipur (928) is comparable to the state average of 919 as per 2001 census. Bihar does not have any significant number of tribal population, 0.9% of total population, after division of the state into two, the other half being Jharkhand, the home of many scheduled tribes

1.4 Subproject Impacts and Benefits

8. The proposed subproject can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the subproject will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace etc which in turn increases the income of the locals, and ultimately elevating their standard of living. The possible direct and indirect positive impacts of the subproject are listed below.

The immediate benefits of road construction and improvement will come in the form of direct employment opportunities for the roadside communities and specially those who are engaged as wage laborers, petty contractors and suppliers of raw materials. Improved road network will provide for improved linkages between the village communities and urban centre, which provides wider marketing facilities. Road network will not only link the village communities to better markets, but also open up wider work opportunities in distant places. People can shuttle to distant work sites and towns and engage in construction, factories, business as well as domestic works. Improved road network will encourage urban entrepreneurs to invest in far and remote areas in commercial farming and industrial activities. Improved road will also help people building strong institutional network with outside agencies. Essential and emergency services like schools, health centre, public distribution system etc can be availed faster. Increased frequency of interaction with outsiders will increase the awareness level of the people in the village with regard to their health and nutrition, living style, value of education and proper utilization of available resources. Interaction with the government, non-government and other development agents will help people gain new knowledge on improved farming, land development, development and maintenance of natural resources through the formation of various economic and social development groups.

9. Although various positive subproject impacts and benefits are expected from the proposed subproject as mentioned above, there will be some negative impacts on the people living in the immediate project area. The summary details of project profile including affected villages, households, and land acquisition are presented in the Table: 1.1 below;

Table: 1.1 Summary of Affected Area Sl. Vilaage Name District Displaced Diplaced Affected No. of No. of No. Households Pesrsons4 Land in Affected Affected (DH) Acre Trees CPR 1 Sarangpur 2 Bishunpur Usuf 3 Raipur 4 Ahmadpur 5 Gangsara 6 Manikapur Bujurg 7 Bishunpur Manika

8 Dharampur amastipur 9 Akhtiarpur 10 Bahadurpur Armuli 5421 24002 184.678 441 83 11 Shahbazpur 12 Barhanda Pem 13 Pem Barhanda 14 Pem Barhanda Kharuj 15 Baikundpur Barhanda 16 Mukhtiarpur Salkhani 17 Pand 18 Balluchak 19 Rampur Pagra

4 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, partial/full loss of residential land, or loss of permanent/temporary 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.

S 4

20 Pagra 21 Chakmurtaza 22 Bhagwanpur Chakshekhu 23 Wajidpur Gadhu 24 Gouspur Iniyat 25 Rampur Jalapur 26 Kamranwan 27 Rampur Jalapur 28 Purwari Patti 29 Mustafapur 30 Mohammadpur Shankara 31 Kalyanpur Bamaih 32 Wajidpur Bamiah 33 Belsandih Dih 34 Kudaria 35 Singhia Bujurg 36 Singhia Bujurg 37 Moiddin Nagar 38 Rasulpur Dharahra 39 Bhirha 40 Harpur 41 Bhirha 42 Bharwari 43 Malipur 44 Pararia 45 Dudhpura 46 Jahangirpur 47 Agroll 48 Singhia 49 Morvara 50 Lada 51 Lalhoul 52 Pholahra 53 Jagannathpur 54 Deokuli Darbhanga 55 Dasout Samastipur 56 Murvara 57 Goura 58 Manorbharam 59 Baghuani 60 Beheri 61 Gangdeh 62 Habidih 63 Bithouli 64 Chakla 65 Jarson 66 Ganesh Banouli 67 Rasulpur 68 Lawani 69 Jarson 70 Bishunpur

71 Basuham 72 Dakhram 73 Benipur 74 Karahri 75 Nandapatti 76 Sripur Jagat 77 Antour 78 Moiddinpur 79 Alinagar 80 Pirouli 81 Sisouni 82 Pohdi 83 Pali 84 Mahatwar 85 Salehpur Lagma

86 Ghanshayampur 87 Fajullahpur 88 Rasiari

1.5 Project Components

10. As the existing ROW is very much limited in the project road, the additional requirement of land may be up to 18m (in built-up area) 25m (in open area) in substantial portion of the project length. This RoW (varies with varying extent of toe line) has been decided based on the embankment toe line due to requirement of comparatively more construction width due to high embankments for significant length. Key activities for sub-project road improvement involves (i) widening/strengthening of the road up to 2-lane undivided carriageway configuration (ii) improving road geometry (iii) laying of embankment (iv) construction of new bridges and other cross drainage structures (v) construction of side drains (vi) construction of ROBs (vii) Junctions/intersections improvement (viii) provision of service roads and way side amenities etc. The brief of all key project activities are described below.

11. Road Configuration: It is proposed to construct/widen the road to 2 lane standard undivided carriageways of 7.0 m width with earthen shoulders width of 1.5 m either side are proposed. Structures 2 Lane standard configuration with independent 7.0 m carriageways (total width 10.5m) is proposed. However, in the first phase to be taken up now civil road works for two lane facility and two-lane structures including ROB’s are proposed for construction with two lanes.

12. Realignment/Bypasses: 6 bypasses are proposed for the subproject from KM 1.700 to KM 6.300 Raipur, from Km 18.00 to Km 21.650 at Dalsingh Sarai, Km. 62.800 to Km. 64.800 at Singhia Market, Km. 70.00 to Km. 71.100 at Fulhara, from KM 96.700 to KM 101.500 Behera Market and Km 112.830 to Km 119.750 at Pali, Pohaddi, Bharampura, Ghanshyampur. Only minor realignments are proposed in some locations totaling a length of about 2.450 kilometers only due to (i) poor road geometry and pavement & embankment conditions (ii) inadequate ROW (iii) identification of bridges at suitable locations (iv) drainage & road side water body problems (v) cutting of large no. of trees (vi) interference with religious structures at a couple of locations and many other bottlenecks.

13. Bridges and other Cross Drainage Structures: 25 Nos of minor bridges are exists on this project corridor. There are 139 numbers of culverts along the project corridor in which the existing alignment has been followed. All are pipe culverts, arch culverts are replaced by a new one. There is proposal for construction of 308 number of box culverts replacing the old. There will be 2.5 nos. balancing culverts per Km of the road to allow the free passage of the water through the embankment.

14. Road side Drainage: There is no proper drainage along the existing alignment. The provision of catch water drain in cut sections, meter drain or out fall drain will be constructed to avoid outside water coming in and disposal of storm water at frequent intervals to prevent soil erosion.

15. Railway Over Bridges (ROBs): There are 3 nos. of new ROB will be proposed near Dalsingh Sarai (Ch. 18.620), Shibnathpur (Ch. 36.569 km) & Antour village (Ch.101.507 km).

16. Junctions/intersections Improvement: There are 10 major intersections (with NHs, SH & MDRs) in this project corridor. All major intersections will be improved for free and uninterrupted flow of traffic. As per the traffic analysis during feasibility study grade separation is not required at any of the intersection.

17. Bus Bays & Truck Bay: Mini Bus bays will be provided at Berner (Ch.0.300 km), Gangsara (Ch.6.465 km), Bahanda (Ch.11.850 km), Muktiyarpur (Ch.14.965 km), Jalalpur (Ch.21.645 km), Kalyanpur (Ch. 29.930 km), Shibnathpur (Ch. 36.080 km & 36.240 km), Panchupur (Ch. 44.610 km), Hanumannagar (Ch. 52.165 km), Bihat (Ch. 57.735 km), Singhia (Ch. 63.190 km), Malghat Maurbara (Ch. 66.470 km), Jaggnathpur (Ch. 71.320 km), Matgha (Ch. 78.425 km), Murli Chowk (Ch. 82.560 km), Sankar Rohar Bithi (Ch. 89.288 km), Jerosa (Ch. 95.515 km), Packpi (Ch. 107.580 km), Pirand Motipur (Ch. 27.900 km), Pirholi (Ch.111.900 km) and Ghyanshyampur village (Ch. 118.975 km). One Truck Bay is proposed at Ch. 22.500 km near Jalalpur village.

1.6 Minimizing Resettlement Impact

18. Adequate attention has been given during the feasibility and detailed project design phases of the project preparation to minimize the adverse impacts on land acquisition and resettlement impacts. However, technical and engineering constraints were one of the major concerns during exploration of various alternative alignments. With the available options, best engineering solution have been adopted to avoid large scale land acquisition and resettlement impacts. Following are the general criteria adopted for the selection of the alignment:

It should serve as uninterrupted flow of traffic; It should provide linkage to other link roads in the region; It should take in to account the future traffic growth and management; It should be coordinated with local and national development plans, It should minimize environment impact along the corridor; It should take in to consideration the opinions of local people in selection of alignment.

19. The specific measures adopted for minimizing the resettlement impacts for the sub project are as follows:

Exploration of several alternate alignments in consultation with engineering team, concerned government departments and local community; Avoiding highly productive agricultural land to minimize the adverse economic displacement; Diverting the alignment towards the available unused government land to minimize impact on private property.

20. The preliminary project design of the project was conceptualized with 30 meter uniform ROW for the project. During detailed design stage, the following steps were taken to minimize land acquisition and resettlement impacts.

The proposed ROW was fixed with the designed toe line + 2 meters additional width on each side only. Avoiding proposed realignments for minor curve improvements and widening the existing road by suggesting proper safety measures such as reducing the design speed, providing crash barrier, providing retaining wall, providing proper signage etc.

Avoiding proposed junctions at small intersections by providing underpasses with service roads as per requirement.

21. Due to the above minimization efforts, the land acquisition requirement was reduced from 579.87 acres to 184.67 and minimized the R&R impacts from 14714 Displaced Households (DH) to 5421 DHs.

1.7 Scope and Objective of Resettlement Plan (RP)

22. The aim of this Resettlement Plan (RP) is to mitigate all such unavoidable negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Resettlement Plan has been prepared on the basis of subproject census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009 designed by ADB to protect the rights of the displaced persons and communities. The issues identified and addressed in this document are as follows:

. Type and extent of loss of land/ non-land assets, loss of livelihood, loss of common property resources and social infrastructure; . Impacts on indigenous people, vulnerable groups like poor, women and other disadvantaged sections of society . Public consultation and peoples participation in the project; . Existing legal and administrative framework and formulation of resettlement policy for the project; . Preparation of entitlement matrix, formulation of relocation strategy and restoration of businesses/income; . R&R cost estimate including provision for fund and; . Institutional framework for the implementation of the plan, including grievance redress mechanism and monitoring reporting.

1.8 Methodology

23. The RP has been prepared by adopting flowing steps and methodologies.

1.8.1 Resettlement Screening

24. A social screening exercise was performed through a reconnaissance survey to gather first hand information on impact on land acquisition and resettlement with specific attention on land use, presence of legal and/or illegal housing, traffic patterns, cultural resources, urban settlements and other sensitive areas. The aim of reconnaissance survey was to assess the scope of land acquisition and resettlement study and accordingly the detailed plan of action was prepared for the preparation of land acquisition planning and resettlement plan.

1.8.2 Land Acquisition Planning

25. The alignment was finalized as per the detailed engineering design. Initially, the numbers of affected villages were identified as per the alignment. All the village maps were collected from the local revenue offices. The village maps were digitized by the detailed design consultant. Following the digitization of village maps, the engineering design of the alignment was superimposed in the digitized cadastral map in order to identify the number of land parcels and their demarcation including the quantification. The superimposition of alignment on the

village map provided all the plot numbers. A Land Acquisition Plan (LAP) has been prepared accordingly. Based on the identified land plots, a team of local enumerators were hired and local revenue officials were consulted to collect the names of owners of each plot.

1.8.3 Census Survey and Inventory of Assets

26. Following finalization of the road alignment and identification of the land parcels, cross- sections design and land acquisition requirements, census of all displaced persons (DPs) was carried in the subproject. The objective of the project census survey was to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation. A structured census questionnaire (refer Appendix: 1) was used to collect detailed information on affected households/ properties for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. The survey team was trained by the resettlement specialist and the survey was closely monitored on a regular basis. Additionally, socio-economic data was also collected as part of the Social Impact Assessment (SIA) study. The census survey includes the following:

Inventory of the 100% land and non land assets Categorization and measurements of potential loss Physical measurements of the affected assets/structures Identification of trees and crops Household characteristics, including social, economic and demographic profile Identification of non titleholders Assessment of potential economic impact

1.8.4 Public Consultation

27. To ensure peoples’ participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of road users and problem and prospects of resettlement, various sections of Displaced persons (DPs) and other stakeholders were consulted through focus group discussions, individual interviews and formal and informal consultations. The vulnerable sections of DPs and women were also included in this consultation process.

2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

2.1 Scope of Land Acquisition

28. Since the existing ROW is not adequate in the sub-project, land acquisition is required for widening of the existing road. Except the takeoff point there is no other realignment/ bypass is envisaged during the detail engineering. A project census survey was carried out to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost due to the project, which would be the basis of calculation of compensation. The census survey for Baruna Bridge to Rasiyari was carried out from 26th June 2011 to 22nd July 2011. The major findings in terms of magnitude of impacts are discussed in the following sections.

2.2 Loss of land

29. According to the Land Acquisition Plan (LAP) prepared as a part of Detailed Design Report, 184.678 acres of land will be acquired for the subproject. The area is excluding the existing ROW. Many DPs will be losing their land to the project and their livelihoods. Dwellings will also be affected. The detail impact of subproject on land and associated losses are discussed in this section.

2.2.1 Ownership of Land Being Acquired for the Subproject

30. Out of 184.678 acres, 180.156 acres (97.55%) land is privately owned and 4.522 acres (2.45%) is owned by various Government departments such as District Board, Irrigation department, Agriculture department and Central Government etc. The details of land acquisition requirement are summarized in the Table 2.1.

Table 2.1: Details of Land being acquired for the Subproject

Sl. No. Type of Land No. of Plots Area of land (in acres) %Age 1 Private Land 2937 180.156 97.55 2 Government Land 122 4.522 2.45 Total 3059 184.678 100.00 Land Acquisition Plan, Detailed Design Report, 2011

2.2.2 Type of the Land Being Acquired for the Subproject

31. The land being acquired for the sub-project is of various types such as irrigated land 143.845 acres (77.89%), non-irrigated land 36.311 acres (19.66%), other type including various government land 4.522 acres (2.45%). Various types of land area with number of plots are presented in the Table 2.2.

Table 2.2: Type of the Land being acquired for the Subproject

Sl. No. Type of Land No. of Plots Area (in Acre) %Age 1 Irrigated 2249 143.845 77.89 2 Non-Irrigated 688 36.311 19.66 4 Other 122 4.522 2.45 Total 3059 184.678 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.2.3 Use of Land Being Acquired for the Subproject

32. The land use pattern of land to be acquired for the sub-project shows that 142.067 acres (76.93%) of land are being used for cultivation. Among other land use, residential land is 25.73 acres (13.93%), plantation .667 acres (0.36%), Orchard land is 1.111 acres (0.60%), commercial use is 4.485 acres (2.43%) and residential cum commercial use is 5.584 acres (3.02%). Others accounts to 2.45% of total land to be acquired which is basically government land being used for different purpose. Details of land use pattern including number of plots are given in the Table 2.3.

Table 2.3: Use of Land Being Acquired for the Subproject

Sl. Land Usage No. of No of No. of Area (in %Age No. Plots Structures Households Acre) 1 Cultivation 2219 0 3409 142.067 76.93 Orchard 18 0 18 1.111 0.60 3 Plantation 12 0 0 0.667 0.36 4 Residential 433 1385 1385 25.73 13.93 5 Commercial 121 353 353 4.485 2.43 6 Residential & Commercial 113 256 256 5.584 3.02 7 Other 122 29 0 4.522 2.45 8 Religious(privately owned) 21 83 0 0.512 0.28 Total 3059 2106 5421 184.678 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.2.4 Ownership Pattern of Private Land

33. All the private land being acquired for the sub-project is owned by titleholders only. Out of 3059 private plots, 2512 (82.12%) plots are owned by single household whereas 425 (13.89%) plots are owned by two or more households. It was not possible to ascertain the ownership pattern of 122 (3.99%) plots. The ownership pattern of private land is summarized in the Table 2.4 34. Table 2.4: Ownership Pattern of Private Land Sl. No. Ownership Pattern No. of land Unit/ Plot %Age 1 Single 2512 82.12 2 Joint 425 13.89 3 Other/not specified 122 3.99 Total 3059 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.2.5 Scale of Impact on Affected Private Land Units/ Plots

35. The analysis of data on scale of impacts on private land reveals that 1158 (37.86%) plots are losing up to 25% of their land, followed by 985 (32.20%) plots losing up to 10%, 521 (17.03%) plots are losing between 25% and 50% and 271 (8.86%) plots are losing between 50% to 75% of their respective areas. Of 3,059 land plot owners, 985 (32.2%) are not significantly affected. The details of scale of impacts on private plots are presented in the Table 2.5.

Table 2.5: Scale of Impact on Affected Private Land Units/ Plots

Sl. No. Scale of Impact No. of land Unit/ Plot %Age 1 Up to 10% 985 32.20 2 Above 10% and Below 25% 1158 37.86 3 Above 25% and Below 50% 521 17.03 4 Above 50% and Below 75% 271 8.86 5 Above 75% and up to 100% 124 4.05 Total 3059 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.2.6 Indirect Impacts due to Loss of Private Land

36. In terms of indirect impacts on DPs due to loss of private land, 560 sharecroppers and 1210 agricultural laborers will be affected due to loss of livelihood. The details are summarized in Table 2.6

Table 2.6: Indirect Impact on DPs by Loss of Private Land

Sl. No. Category of Impact No. of Household %Age 1 Sharecroppers 560 31.64 2 Agricultural Laborer 1210 68.36 Total 1770 100 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.3 Loss of Structure in the Affected Private Land

37. Out of 2937 private land units/ plots affected in the subproject, 2249 plots are only land and 688 plots are land with structure. Within this 688 plots there is 2106 structures of various types such as private (1994), religious (83) and government (29) structure. The details of these structures are presented in the Table: 2.7.

Table 2.7: Loss of Structure

Sl. No. Type of Properties No. of affected structure Percentage 1 Private 1994 94.68 2 Religious 83 3.94 3 Government 29 1.38 Total 2106 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.3.1 Type of Structures Affected in the Subproject

38. The number of structures that will be affected due to proposed acquisition of land is enumerated as 2106. Among these 1903 are titleholders while number of squatters is found 203. The usage of the structures that belongs to title-holders is further classified as residential (68.52%), commercial (16.74%) and both commercial cum residential (12.57%). Of the 2106 structures, 105 have encroached upon the ROW out-stepping their legal holding. Since, encroachers are the extension of the structures belongs to title-holders, the numbers is not included in the total number to avoid double-counting. The details of structures are presented in the Table: 2.8.

Table 2.8: Type of Structures Affected in the Subproject

Sl.No Type of Structure Title Holder Encroacher Squatter Total 1 Residential Structure 1287 55 98 1385 2 Commercial Structure 331 30 22 353 Residential cum 3 246 20 10 256 Commercial Structure Government 29 4 29 Structure 5 Religious Structure 10 73 83 Total 1903 105 203 2106 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.3.2 Scale of Impact on Structure

39. The scale of impact is assessed on the basis of detailed measurement of the portion of the structures falling within the proposed ROW through census survey. Based on this survey data, the range of impact is grouped into five sub-categories, from a minimal range of upto 10% to a maximum of 100%. It is found that out of 2106 structures, majority (56.89%) of the structures will have an impact-level of up to 10% followed by 30.96% structures with an impact- level of 10% to 25%. The rest 2.13% of the structures will have an impact from 50% to 100%. The details of scale of impacts on structures are presented in the Table 2.9.

Table 2.9: Scale of Impact on Structure

Sl. No. Scale of Impact No. of Structure %Age 1 Up to 10% 1198 56.89 2 Above 10% and Below 25% 652 30.96 3 Above 25% and Below 50% 211 10.02 4 Above 50% and Below 75% 43 2.04 5 Above 75% and up to 100% 2 0.09 Total 2106 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.3.3 Type of Construction of Affected Structure

40. The structures being affected in the subproject are of various types by construction such as temporary, semi-permanent and permanent nature. Out of 2106 structures, 554 (26.31%) structures are of permanent nature, 995 (47.25%) structures are of semi-permanent nature and 557 (26.45%) structures are of temporary nature. The details of type of constructions of the affected structures are summarized in the Table 2.10.

Table 2.10: Type of Construction of Affected Structure

Sl. No. Construction Type No. of Structure %Age 1 Temporary 557 26.45 2 Semi-Permanent 995 47.25 3 Permanent 554 26.31 Total 2106 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.3.4 Indirect Impacts on DPs by Loss of Private Structure

41. In terms of indirect impacts on DPs due to loss of private structures, 187 tenants and 145 employees will be affected as a result of impact on their residential structures. The details are summarized in Table 2.11

Table 2.11: Indirect Impact on DPs by Loss of Private Structure

Sl. No. Category of Impact No. of Household %Age 1 Commercial Tenant 109 32.83 2 Residential cum Commercial Tenant 78 23.49 3 Employee in Commercial Structure 80 24.10 Employee in Residential cum 65 4 Commercial Structure 19.58 Total 332 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.4 Impact on Private Trees

42. There are 441 private trees being affected in the subproject including 178 (40.36%) fruit bearing trees and 263 (59.64%) non-fruit bearing trees. The major species of non-fruit bearing trees includes sisam, babul, nim, pippal etc whereas among fruit bearing trees major species includes mango, jamun, ber, amrut etc. The details of trees affected in the subproject are presented in the Table 2.12.

Table 2.12: Impact on Private Trees

Sl. No. Type of Tree No. of Trees %Age 1 Fruit Bearing 178 40.36 2 Non-fruit Bearing 263 59.64 Total 441 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.5 Loss of Livelihoods

43. Due to loss of land and structures, many households shall lose their livelihoods or shall get economically displaced. While accounting the number of households losing their livelihoods, owners of agricultural land and associated agricultural laborer and share cropper are considered. Similarly in case of structures, households associated with commercial activities and employed people thereof are enumerated. However, as residential structures (1385) do not yield any source of livelihood, these are excluded. A total number of 4846 households shall be losing their livelihood. This comprises of 2074 (43.43%) agricultural land owners, 1210 (25.34%) agricultural laborer, 560 (11.72%) share croppers in the agriculture and related activities. In case of commercial structures including squatters 353 (7.39%) households will lose their livelihood. In case of residential cum commercial structures account 246 (5.15%) households. In addition to this. 187 (3.92%) tenants and 145 (3.04%) employees will also lose their livelihood. The details of impact on livelihoods in the subproject are presented in the Table 2.13.

Table 2.13: Loss of Livelihood

Sl. No. of Loss %Age No. Household 1 Owners of Agricultural Land losing more than 10% 2074 43.43 2 Agricultural Laborer 1210 25.34 3 Sharecropper 560 11.72 4 Owners of Commercial Structure (331) + Squatters(22) 353 7.39 5 Owners of Residential cum Commercial Structure 246 5.15 Commercial tenant / leaseholder (109) +Residential & 6 Commercial tenant / leaseholder (78) 187 3.92 Employee in commercial Structure (80) +Employee in 7 commercial cum Residential Structure (65) 145 3.04 Total 4775 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

2.6 Loss of Community Property Resources (CPR)

44. The loss of CPR due to the subproject includes 83 religious structure is temple. Out of these 73 are constructed on private land and 10 are on government land within existing ROW. The structure will be affected partially only and proper mitigation measures will be taken for maintaining the safety and sanity of these places during road construction.

2.7 Summary- Subproject Impacts

45. As per findings of the 100% census of affected land and non-land assets, the subproject impacts can be broadly classified as (i) impacts on private land, (ii) impacts on private structures, (iii) impacts on livelihoods due to loss of private properties and (iv) loss of common property resources. From the analysis of impacts it is noted that altogether 3059 land units/plots will be affected. As per the survey, in 5421 household comprising total number of 24002 members will be affected in the subproject. The details of subproject impacts are discussed in the following section and the summary subproject impacts are presented in the Table 2.14.

Table 2.14: Summary Subproject Impacts

Sl. No. Impacts Number 1 Total land acquisition requirements (in Acre) 184.678 2 Total private land acquisition requirements (in acre) 180.156 3 Total number of land units/plots affected 3059 4 Total number of private land units/plots affected 2937 5 Total number of private structures affected (1117 TH + 88 NTH) 2077 6 Total number of households affected (2799 TH + 88 NTH) 5421 7 Total Number of physically displaced households5 1533 8 Total Number of Vulnerable households affected 1107 Total number of displaced persons including physical and 9 economic)- (TH and NTH DPs) 24002 10 Total number of CPR affected (Religious Structure) 83 11 Total number of Government Structure affected 29 12 Total number of Trees affected 441 Source: Census Survey, BSHP II Project – Additional Financing, 2011

5 Details on physically displaced households may be found on sections 2.1.5 (Scale of Impact on Affected Private Land Units/Plots) and 2.2.2 (Scale of Impact on Private Structure)

3. SOCIOECONOMIC INFORMATION AND PROFILE

3.1 Socioeconomic Profile of Project Area

46. Darbhanga has an area of 2279 Sq. Km with population is 3295789 as per 2001 census. The district is densely populated with 1446 person per Sq. km. which is substantially higher than the state average density of 880 persons per sq km according to 2001 census year. Samastipur district has an area of 2904 Sq. km with population of 2716929 as per 2001 census. The district is densely populated with 935.6 per Sq. km higher than the state average.

47. Sex ratio, expressed as number of females per thousand males, of Darbhanga & Samastipur district 914 and 928 respectively is comparable to the state average of 919 as per 2001 census. Bihar does not have any significant number of tribal population, 0.9% of total population, after division of the state into two, the other half being Jharkhand, the home of many scheduled tribes.

48. Proportion of literates is lower in Darbhanga & Samastipur district at 44% and 45.1% compared to that of the entire Bihar state at 47% as per 2001 Census. While literacy rate in the other district is at per with the state. Female literacy is much lower than that of male. It is observed that female literacy rate is 24.58% and 31.67% in the districts of Darbhanga & Samastipur respectively. According to 2001 census, urbanization in both the districts is considerably low. Both the districts are having urban population below 10%, as evident from the Table 3.1. Some of the vital spastics are presented in the Table: 3.1.

Table 3.1 Some Vital Statistics of Project Area

District Characteristics Darbhanga Samastipur Total Population 3,295,789 3,394,793 Urban Population 267348 3271338 Rural Population 3028441 123455 Urban Population (% to total population) 8.1 3.6 Household size 5.0 6.0 SC Population (%) 16.0 19.0 ST Population (%) 0 0 Density (sq km) 1,101 1,169 Sex Ratio 914 928 Decadal Growth Rate (%) 30.85 25.63 Literacy Rate (%) 44.0 45.1 Male Literacy (%) 45.32 57.59 Female Literacy (%) 24.58 31.67 Source: Census of India, 2001 and Poverty and Social Analysis Report

49. Some of the socio-economic information of DPs was collected through the census survey and its findings are presented in the following sections.

3.2 Social Categories of DPs

50. The social stratification of the subproject area shows that the dominance of Other Backward caste population with 2340 (43.17%) households. The second stratum of the social grouping in the area is of other Schedule Caste (SC) population with 1958 (36.12%) households followed by Higher Caste 632 (11.66%). The detail of social grouping in the subproject area is presented in the Table 3.2.

Table 3.2: Social Categories of the DPs

Sl. No. Description of the Caste No. of Households % age 1 Scheduled Caste 1958 36.12 2 Other Backward Caste 2340 43.17 3 Higher Caste 632 11.66 4 Others (Muslim etc.) 491 9.06 Total 5421 100.0 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.3 Religious Categories of the DPs

51. The subproject area is dominated by Hindu community as they form 4930 (90.94%) households. The rest, 491 (9.06%) households are from Muslim community. The religious categories of DPs are presented in the Table 3.3.

Table 3.3 Religious Categories of the DPs

Sl. No. Religious Categories No. of Households % age 1 Hindu 4930 90.94 2 Muslim 491 9.06 Total 5421 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.4 Number of DPs

52. Total number of displaced persons in the subproject is 24002, which includes 12478 (51.99%) males and 11524 (48.01%) females. The number of DPs is significantly high due to presence of many joint families and a large number of shareholders of land properties enumerated during the census survey. The average household size is found to be 4.4 and the sex ratio among DPs is 923. The details of DPs being affected in the subproject are summarized in the Table 3.4.

Table 3.4: Number of DPs Sl. No. Categories of DPs No. of DPs % age 1 Male 12478 51.99 2 Female 11524 48.01 Total 24002 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.5 Number of DPs of Special Categories

53. Special categories of people among the DPs are identified through census survey. There are 121 DPs classified in the group of unmarried daughter/ sister above 30 years while the number is 207 for male category. In addition 24 DPs are physically or mentally challenged, 36 divorcees/ widows and 15 DPs are enumerated as minor orphans. The details of these categories of DPs are presented in the Table 3.5.

Table 3.5: Number of DPs of Special Categories

Sl. No. Categories of DPs No. of DPs % age 1 Unmarried Son > 30 years 207 51.36 2 Unmarried Daughter/Sister > 30 years 121 30.02 3 Physically/Mentally Challenged Person 24 5.96 4 Divorcee/Widow 36 8.94 5 Minor Orphan 15 3.72 Total 403 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.6 Vulnerable Households being Affected in the Subproject

54. There are 1107 households belong to vulnerable category out of which 1047 (94.58%) falls under below poverty line (BPL). The State Government of Bihar has identified such families and distributed BPL cards. In this subproject among other vulnerable groups are identified as 45 women headed households and 15 households headed by physically handicapped person. The vulnerable households’ details are presented in the Table 3.6.

Table 3.6: Vulnerable Households being affected

Sl. No. Vulnerable Categories No. of Households % age 1 Women Headed Households 45 4.07 2 Households Headed by PH Person 15 1.36 3 Below Poverty Line Households 1047 94.58 Total 1107 100.00 Source: Census Survey, BSHP-II Project – Additional Financing, 2009-10

3.7 Annual Income Level of the Affected Households

55. As revealed from the table: 3.6, there are 1047 households belong to below poverty line (BPL) category. This is further evident from the data on annual income by households. There are 1025 (18.91%) households having an average annual income below Rs. 20000/- and 1511 (27.87%) households are annually earning below Rs. 30000/- only. The average income level of households in the subproject area is summarized in the Table 3.7.

Table 3.7: Annual Income Level of the Affected Households

Sl. No. Annual Income Categories in (Rs) No. of Households % age 1 Above 10000 and Below 20000 1025 18.91 2 Above 20000 and Below 30000 1511 27.87

Sl. No. Annual Income Categories in (Rs) No. of Households % age 3 Above 30000 and Below 50000 2321 42.81 4 Above 50000 and up to 100000 458 8.45 5 Above 100000 65 1.20 6 Not Responded 41 0.76 Total 5421 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.8 Educational Status of DPs

56. The educational status of DPs reveals that overall scenario is not encouraging as there are still 44.22 % DPs, who are illiterate with females lacking far behind the male members. In the area 37.40% male DPs are illiterate whereas in case of female it is 51.60%. However, since around 9.9% of the total displaced persons are between the age-group of 0-6 years, hence, they have not been featured in the details of educational status of DPs as presented in the Table 3.8.

Table 3.8: Educational Status of DPs

Sl. Educational Male Female Total No. Status Number %age Number %age Number %age 1 Illiterate 4667 37.40 5946 51.60 10613 44.22 2 Literate 3436 27.54 2816 24.44 6253 26.05 3 Up to middle 1172 9.39 725 6.29 1897 7.90 4 Below metric 781 6.26 502 4.36 1284 5.35 5 Metric 1562 12.52 1004 8.71 2566 10.69 6 Graduate 625 5.01 391 3.39 1016 4.23 7 Above graduate 235 1.88 139 1.21 374 1.56 Total 12478 100.00 11524 100.00 24002 100.00 Source: Census Survey, BSHP II Project – Additional Financing, 2011

3.9 Occupational Status of DPs

57. As per census survey out of 16002 DPs of working age group, about 11381 (71%) DPs are employed in various occupations. The occupational pattern of DPs reveals that 30.97% DPs are engaged in agricultural activities, followed by 19.79% having labor as their main profession, 15.34% DPs having business as their prime occupation and 4.47% engaged in services. Among working population, the male DPs the employment level is about 71% whereas among female DPs it is around 29%. The details of occupational status of DPs are summarized in the Table 3.9.

Table 3.9: Occupational Status of DPs

Non- Sl. titleholder Titleholder Tenant No. Occupation Male Female Male Female Male Female Total %age 1 Service 18 2 448 236 9 2 715 4.47 2 Business 8 2 1477 944 18 5 2454 15.34 3 Agriculture 50 0 3580 1297 21 8 4956 30.97 4 Labour 15 5 2349 778 15 5 3167 19.79 5 Professional 1 0 3 0 0 0 4 0.02 6 Rural Artisan 0 0 2 0 0 0 2 0.01 7 Small Trader 0 0 21 0 0 21 0.13 Self- 8 employed 8 0 50 0 4 0 62 0.39 9 Unemployed 13 8 1580 2940 42 38 4621 28.88 Total 113 17 9510 6195 109 58 16002 100.00 Source: Census Survey, BSHP-II Project – Additional Financing, 2011

3.10 Impact on Indigenous People

58. The Scheduled Tribes (STs) in the project area is considered to be IP. The presence of ST population in the project districts is nil the project census survey does not find any ST person among the DPs.

3.11 Gender Impact and Mitigation Measures

59. The gender composition of DPs shows that the male accounting for 51.99% and female accounting for 48.01%. The gender disparity is visible in lower sex ratio among DPs i.e. 923 against state level statistic having 929.

60. The census survey revealed that 45 women headed households will be affected by the sub project. Out of these, all 45 households are losing their land only. The social groupings of all these women headed households shows that 40 households belong to other backward castes. Total number of persons in these households is 224 with 122 male and 98 females. The average household sizes of these households are 4.97 and the sex ratio is 803. All the 45 women headed households have opted for cash for the land loss.

61. The educational level of these female DPs heading the households shows that 10 of them are illiterate while 35 are just literate. Occupational status of these females-heading households reveals that 27 are engaged in some agriculture activities and another 18 are housewives.

62. The participation of women in FGDs during the census survey was not encouraging because of their shy nature and ignorance. Out of five FGDs conducted along the road sections women members turned up only at two locations. Some of their specific concerns are summarized below:

Since, the area is flood prone, especially in rainy season, the problem of inundation increases manifold which sometimes compels the girl students to abstain from classes. Most villages have primary health centers (PHCs) with quality of treatment and medical facilities, less than satisfactory. In cases of medical emergency, need arises to reach hospitals at district headquarters only. Thus, increase of connectivity shall entail improved health status through greater ease in reaching Govt. hospital at times of sickness and also during the time of pregnancy. Also, dependence on uneducated rural midwife will get reduced. This in turn will reduce the child and maternal mortality. The women feel that increased mobility will facilitate marriage prospects of their siblings. Besides, it shall also lead to better job prospects on account of their enhanced ability to commute from home at a cheaper rate. Also, there shall be reduction in journey time and cost. As a result, there shall be savings in travel cost and also hassle-free journey.

63. Women will not be affected negatively due to resettlement impacts of the proposed subproject. Any negative impacts of the sub-project on female-headed households will be taken up on a case-to-case basis and assistance to these households will be treated on a priority basis. During disbursement of compensation and provision of assistance, priority will be given to female-headed households. Additionally, women headed households are considered as vulnerable and provision for additional assistance (lump sum amount @ Rs.10,000/- per affected households) has been made in the entitlement of the RP. Provision for equal wage and health safety facilities during the construction will be ensured by the EA.

4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

4.1 Stakeholders in the Project 64. Consultations with various stakeholders were carried out during various phases of project preparation. The primary stakeholders are, Executing Agency especially the officials in BSRDC, PMU, PIU and the field level BSRDC staff. Additionally, the concerned district magistrate and the revenue officials are also considered to be the primary stakeholders. Secondary stakeholders in the project include village heads, head of Gram Panchayat, village administrative officers, heads of households, women’s groups, farmers, business communities, and other vulnerable communities like the scheduled caste (SC), scheduled tribe (ST) and BPL people.

4.2 Public Consultation in the Project 65. Sufficient number of consultations was arranged at the stage of project preparation to ensure peoples’ participation in the planning phase of this project and to treat public consultation and participation as a continuous two way process. Different sections of DPs and other stakeholders were consulted through focus group discussions and individual interviews to promote public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement.

4.3 Methods of Public Consultation 66. Consultations and discussions were held along the subprojects with the affected families and other stakeholders. These meetings were organized to get wider public input from both the primary and secondary stakeholders. The consultation methods followed to elicit required information (their views & opinions) are detailed below in Table 4.1.

Table 4.1: Methods of Public Consultations

Stakeholders Consultation Method DPs Census & Socio-economic Survey Village Pradhan Focus Group Discussions Local communities Focus Group Discussions Women’s groups Focus Group Discussions Vulnerable groups (SC, ST, BPL) Focus Group Discussions BSRDC/EA Individual interview, discussion, joint field visit Line Departments (Revenue Officials) Individual meeting/interview, discussion

4.4 Scope of Consultation and Issues 67. During the consultation process along with census and socio-economic survey, efforts were made by the study teams to: . Ascertain the views of the DPs, with reference to land acquisition and road alignment; . Understand views of the community on land acquisition, resettlement issues and rehabilitation options; . Identify and assess the major socio-economic characteristics of the villages to enable effective planning and implementation;

. Obtain opinion of the community on issues related to the impacts on community property and relocation of the same. . Examine DPs’ opinion on problems and prospects of road related issues; . Identify people's expectations from subprojects and their absorbing capacity; . Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

4.5 Findings of Focused Group Discussions 68. Some of the major issues that were discussed and feedback received from the villagers during the course of the consultations and measures taken are summarized in the Table: 4.2 and the details of public consultation meetings are presented in the Appendix-3

Table: 4.2 Findings of the Consultations Sl. Date and Location Issues Discussed Measures Taken No. 1 Date: 25/03/2010, Village: Sarangpur People are facing acute Accessibility to social health Block: Sarangpur, District: Darbhanga problem related to poor and educational infrastructure 2 Date: 24/3/2010, Village: Raipur Bujurg, condition of the road will increase through all- Block: Sarairanjan, District: Darbhanga Majority of the weather road. 3 Date: 18/3/2010, Village: Khajuri Akthiarpur businessmen are in Generation of employment Block: Sarairanjan, District: Darbhanga favour of widening of the during construction phase of 4 Date: 14/3/2010, Village: Mhuktiarpur road and feel that it will the road. Block: Dalsinga Sarai, District: Darbhnaga improve the movement The discussion generate 5 Date: 11/3/210, Village: Jhatadi of vehicles. considerable awareness of the Block: Ujiarpur District: Darbhnaga Loss of kiosks and other project 6 Date: 12/3/210, Village: Dhamahi Parga temporary structures As the proposed road shall be Block: Dalshing Sarai, District: Darbhanga due to the project an widened one, it shall 7 Date: 12/3/210, Village: Dalsingh Sarai anticipated by the APs provide an efficient public Block: Dalsingh Sarai, District: Darbhanga Cash compensation transportation system besides 8 Date: 12/3/210, Village: Alampur against structure and ensuring reduction in Block: Bibhutipur, District: Darbhanga land for land in the same congestion level 9 Date: 13/3/210, Village: Dhudpura place are preferred by The non title holders shall also Block: Hasanpur, District: Darbhanga the DPs be compensated as per ADB 10 Date: 14/3/210, Village: Kalyanpur) The villagers assured of guidelines. Block: Bibhutipur District: Darbhanga providing full cooperation Employment in the project 11 Date: 21/3/210, Village: Singhia Ghat during implementation work can reduce the livelihood Block: Bibhutipur District: Darbhanga People want loss 12 Date:22/3/210, Village: Behra employment opportunity There will be considerable Block: Benipur, District: Samastipur during road construction reduction in the number of Date: 24/3/210, Village: Hardwar 13 The proposed standard accident and level of pollution. Block: Ghanashyam , istrict: Samastipur two lane road may be NGO will be employed by the Date: 16/3/210, Village: Ghanashyampur 14 concern for the safety project to help in relocation Block: Ghanashyampur, District: Samastipur specifically for women Compensation of land will be Date: 17/3/210, Village: Pali 15 and children on replacement cost. Block: Ghayanshyampur, District: Samastipur Proper road safety measures are incorporated in the project design. Special measures at school, hospital and market places will be provided for the purpose.

4.6 Consultation with Officials and Other Stakeholders 69. Other stakeholders in the subproject such as Executing Agency especially the officials in BSRDC, PMU, PIU and the field level BSRDC staff and the concerned district magistrate and

the revenue officials were also consulted on various issues. The details of some of such consultations are summarized in the Table: 4.3.

Table: 4.3 Details of Consultation with Officials and Other Stakeholders

Name and designation of Sl. No. Issue Discussed Consulted Person 1 Mr. R. P. Singh (DGM Project progress, coordination with Design Technical, BSRDC) Consultant, BSRDC capacity assessment, Coordination with District collector 2 Mr. Sarat Chand (DGM SH-88 LAP and resettlement plan preparation, Technical, BSRDC) progress review. 3 Mr. Surjyomoni Singh SH-88 LAP and resettlement plan preparation, (Executive Engineer, BSRDC) progress review, 4 District Magistrate, Samastipur Landholders data collection for SH-88 in Samastipur district, issue of letters to subordinates and guidance for subproject requirement District Magistrate, Darbhanga Landholders data collection for SH-88 in Darbhanga district, issue of letters to subordinates and guidance for subproject requirement 5 Mr. Mukesh Kumar (A.E, Review of subproject resettlement study progress BSRDC) and preparation of LAP and problems, joint site visit 6 BDO, Samastipur Landholders details collection for SH-88 section in Samastipur Block, issue of guidance and follow-up 7 BDO, Darbhanga Landholders details collection for SH-88 section in Darbhanga Block, issue of guidance and follow-up

4.7 Plan for further Consultation in the Project 69. The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with DPs will form part of the further stages of project preparation and implementation. A local NGO will be entrusted with the task of conducting these consultations during RP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration measures suggested for the subproject. The consultation will continue throughout the project implementation.

70. The following set of activities will be undertaken for effective implementation of the Plan:

In case of any change in engineering alignment planning the DPs and other stakeholders will be consulted in selection of road alignment for minimization of resettlement impacts, development of mitigation measures etc. Together with the NGO, the Project Implementation Unit (PIU) will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation. During the implementation of RP, NGO will organize public meetings, and will appraise the communities about the progress in the implementation of project works, including awareness regarding road construction.

Consultation and focus group discussions will be conducted with the vulnerable groups like women, SC, ST, and OBC’s to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration. To make reasonable representation of women in the project planning and implementation they will be specifically involved in consultation.

70. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for each of the subprojects as per the format below in Table: 4.4.

Table: 4.4 Format for Public consultation and Disclosure Plan

Timing Agencies Activity Task (Date/ Remarks

Period) Stakeholder Mapping of the PIU/Design identification project area Consultant Project Distribution of PIU/NGO information information leaflets dissemination to displaced persons (DPs), and other means of dissemination for illiterate DPs Consultative Discuss potential PIU/Design meetings with DPs impacts of the Consultant during scoping project phase Public Notification Publish list of PIU/NGO affected lands/sites in a local newspaper; establish eligibility cut-off date Socio-economic Collect socio-economic PIU/NGO survey information on DP’s perception on the project Consultative Discuss PIU/Design meetings on entitlements, Consultant resettlement compensation mitigation rates, grievance measures redress mechanisms Publicize the Distribute leaflets PIU/NGO resettlement plan or booklets in local (RP) language, and other means of dissemination for illiterate DPs Full disclosure of Distribute RP in PIU/NGO the RP to DPs local language to DPs

Timing Agencies Activity Task (Date/ Remarks

Period) Internet disclosure RP posted on ADB PMU of and/or EA website the RP Consultative Face to face PIU/NGO meetings during meetings with DPs detailed measurement survey(DMS) Disclosure after Disclose updated PIU/NGO DMS RP to DPs

Internet disclosure Updated RP PMU of posted on ADB the updated RP and/or EA website

4.8 Information Disclosure 71. To keep more transparency in planning and for further active involvement of DPs and other stakeholders the project information will be disseminated through disclosure of resettlement planning documents. The EA will submit the following documents to ADB for disclosure on ADB’s website:

i. The final resettlement plan endorsed by the EA after the census of displaced persons has been completed; ii. A new resettlement plan or an updated resettlement plan, and a corrective action plan prepared during project implementation, if any; and iii. Semi-annual resettlement monitoring reports.

72. The EA will provide relevant resettlement information in the form of resettlement leaflet, including information on eligibility; entitlement and grievance redress mechanism etc. in a timely manner, in an accessible place such as at district magistrate office, at office of the LAO and PIU and in local language (Hindi) understandable to affected persons and other stakeholders. Additionally, copies of the RP will be kept in the above offices for detailed information.

5. GRIEVANCE REDRESS MECHANISMS

5.1 General

73. In the sub-project RP implementation there is a need for an efficient grievance redressal mechanism that will assist the DPs in resolving their queries and complaints. Therefore, formation of Grievance Redressal Committee (GRC) will be most important for grievance redressal and it is anticipated that most, if not all grievances, would be settled by the GRC.

5.2 Grievance Redress Mechanism

74. The EA will establish a mechanism to receive and facilitate the resolution of displaced persons’ concerns and grievances about physical and economic displacement and other project impacts, paying particular attention to the impacts on vulnerable groups. The grievance redress mechanism will address affected persons’ concerns and complaints promptly, using an understandable and transparent process that is gender responsive, culturally appropriate, and readily accessible to the displaced persons at no costs and without retribution.

5.3 Constitution and Function of the GRC

75. The GRC will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRCs will continue to function, for the benefit of the DPs, during the entire life of the sub-project including the defects liability periods.

76. The GRC will be headed by the District Collector (DC) or his designated representative. The GRC will have representative from the PIU office, representatives of DPs, particularly of vulnerable DPs, local government representatives, representative of local NGOs and other interest groups. The GRC will meet at least once in each 15 days. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, and other assistance. .At least one member from each Panchayat will be a woman. The Committee will co-opt a member from each of the affected Panchayat institution when dealing with matters coming from a particular panchayats. Some of the specific functions of the GRC will be as following:

. To provide support for the DPs on problems arising out of land/property acquisition like award of compensation and value of assets; . To record the grievances of the DPs, categorize and prioritize the grievances that needs to be resolved by the Committee and solve them within a month; . To inform PIU/PMU of serious cases within an appropriate time frame; and . To report to the aggrieved parties about the development regarding their grievance and decision of PIU/PMU.

5.4 Operational Mechanisms of GRC

77. It is proposed that GRC will meet regularly (at least twice in a month) on a pre-fixed date. The committee will look into the grievances of the people and will assign the responsibilities to implement the decisions of the committee. The claims will be reviewed and resolved within 15 days from the date of submission to the committee. All Grievance will be routed through the NGO to the GRC. Through public consultations, the DPs will be informed that they have a right to grievance redress. The DPs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC .The NGO will act as an in-built grievance redress body. The DPs, who would not be satisfied with the decision of the GRC, will have the right to take the grievance to the PMU Head Office for its redress. Failing the redressal of grievance at PMU, the DPs may take the case to Judiciary. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the level of GRC.

6. LEGAL FRAMEWORK

6.1 Introduction

78. The legal framework and principles adopted for addressing resettlement issues in the Project have been guided by the existing legislation and policies of the GOI, the Government of Bihar and Asian Development Bank and the Entitlement Matrix adopted for the BSHP-II project. Prior to the preparation of the Resettlement Plan, a detailed analysis of the existing national and state policies was undertaken. The section below provides details of the various national and state level legislations studied and their applicability within this framework. This RP is prepared based on the review and analysis of all applicable legal and policy frameworks of the country and ADB policy requirements. A summary of applicable acts and policies is presented in the following paragraphs.

6.2 Land Acquisition Act 1894

79. The Land acquisition Act (LAA) 1894, as amended in 1984 provides the legal framework for land acquisition for a public purpose in India. It enables the State Government to acquire private lands for a public purpose, and seeks to ensure that no person is deprived of land except under the Act. The general process for land acquisition under LAA is:

Land identified for a project is placed under Section 4 of the LAA. This constitutes notification with Government’s intetsion to acquire land. Objections must be made within 30 days to the District Collector (DC, highest administrative officer of the concerned District). The land is then placed under Section 6 of the LAA. This is a declaration made by the Government for acquisition of land for public purpose. The DC is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the DC shall make an award within one year of the date of publication of the declarations. Otherwise, the acquisition proceedings shall lDPse. In case of disagreement on the price awarded, within 6 weeks of the award the parties (under Section 18) can request the DC to refer the matter to the Courts to make a final ruling on the amount of compensation. Once the land has been placed under Section 4, no further sales or transfers are allowed. Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project proponent to the State government, which in turn compensates landowners.

80. The price to be paid for the acquisition of agricultural land is based on the circle rate recorded at the District Registrar's office averaged over the three years preceding notification (under Section-4).. Clause 16 of the LA Act allows the Collector to take possession of land after making an award, but the collector is also required to make payment of compensation awarded before taking possession of land (Clause 31). If payment of compensation is not paid before taking possession, he is required to pay an interest (Clause 34). 81.

82. Under the Land Acquisition Act 1894, compensation is paid only to the legal titleholders and does not provide any compensation package to the non-titleholders like encroachers, squatters etc.

6.3 National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007)

83. The National Rehabilitation and Resettlement Policy, 2007 (NRRP-2007) was adopted by the Government of India in 31st October, 2007 to address development-induced resettlement issues. The policy provides for the basic minimum requirements, and all projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP-2007. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the National Rehabilitation and Resettlement Policy are as follows:

to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives; to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families; to ensure that special care is taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity; to provide a better standard of living, making concerted efforts for providing sustainable income to the affected families; to integrate rehabilitation concerns into the development planning and implementation process; and where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation.

84. Some of the salient features of the National Rehabilitation and Resettlement Policy, 2007 are listed below.

The benefits to be offered to the affected families include; land-for-land, to the extent Government land would be available in the resettlement areas; preference for employment in the project to at least one person from each nuclear family subject to the availability of vacancies and suitability of the displaced person; training and capacity building for taking up suitable jobs and for self-employment; scholarships for education of the eligible persons from the affected families; preference to groups of cooperatives of the displaced persons in the allotment of contracts and other economic opportunities in or around the project site; wage employment to the willing displaced persons in the construction work in the project; housing benefits including houses to the landless affected families in both rural and urban areas; and other benefits. Financial support to the affected families for construction of cattle sheds, shops, and working sheds; transportation costs, temporary and transitional accommodation, and comprehensive infrastructural facilities and amenities in the resettlement area including education, health care, drinking water, roads,

electricity, sanitation, religious activities, cattle grazing, and other community resources, etc. A special provision has been made for providing life-time monthly pension to the vulnerable persons, such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above 50 years of age (who are not provided or cannot immediately be provided with alternative livelihood). Special provision for the STs and SCs include preference in land-for-land for STs followed by SCs; a Tribal Development Plan which will also include a program for development for alternate fuel which will also include a program for development for alternate fuel and non-timber forest produce resources, consultations with Gram Sabhas and Tribal Advisory Councils, protection of fishing rights, land free- of-cost for community and religious gatherings, continuation of reservation benefits in resettlement areas, etc. A strong grievance redressal mechanism has been prescribed, which includes standing R&R Committees at the district level, R&R Committees at the project level, and an Ombudsman duly empowered in this regard. The R&R Committees shall have representatives from the affected families including women, voluntary organizations, Panchayats, local elected representatives, etc. Provision ahs also been made for post-implementation social audits of the rehabilitation and resettlement schemes and plans. For effective monitoring of the progress of implementation of R&R plans, provisions have been made for a National Monitoring Committee, a National Monitoring Cell, mandatory information sharing by the States and UTs with the National Monitoring Cell, and Oversight Committees in the Ministries/Departments concerned for each major project, etc. For ensuring transparency, provision has been made for mandatory dissemination of information on displacement, rehabilitation and resettlement, with names of the displaced persons and details of the rehabilitation packages. Such information shall be placed in the public domain on the Internet as well as shared with the concerned Gram Sabhas and Panchayats, etc. by the project authorities. A National Rehabilitation Commission shall be set up by the Central Government, which will be duly empowered to exercise independent oversight over the rehabilitation and resettlement of the affected families. Under the new Policy, no project involving displacement of families beyond defined thresholds6 can be undertaken without a detailed Social Impact Assessment, which among other things, shall also take into account the impact that the project will have on public and community properties, assets and infrastructure; and the concerned Government shall have to specify that the ameliorative measures for addressing the said impact, may not be less than what is provided under any scheme or program of the Central or State Government in operation in the area. The SIA report shall be examined by an independent multi- disciplinary expert group, which will also include social science and rehabilitation experts. Following the conditions of the SIA clearance shall be mandatory for all projects displacing people beyond the defined thresholds. The affected communities shall be duly informed and consulted at each stage, including public hearings in the affected areas for social impact assessment,

6 A new project or expansion of an existing project, which involves involuntary displacement of four hundred or more families en masse in plain areas, or two hundred or more families en masse in tribal or hilly areas, DDP blocks or areas mentioned in the Schedule V or Schedule VI to the Constitution.

wide dissemination of the details of the survey to be conducted for R&R plan or scheme, consultations with the Gram Sabhas and public hearings in areas not having Gram Sabhas, consultations with the affected families including women, NGOs, Panchayats, and local elected representatives, among others. The Policy also provides that land acquired for a public purpose cannot be transferred to any other purpose but a public purpose, and that too, only with prior approval of the Government. If land acquired for a public purpose remains un-utilized for the purpose for five years from the date of taking over the possession, the same shall revert to the Government concerned. When land acquired is transferred for a consideration, eighty per cent of any net unearned income so accruing to the transferor, shall be shared with the persons from whom the lands were acquired, or their heirs, in proportion to the value of the lands acquired. The entitled persons shall have the option to take up to twenty per cent of their rehabilitation grant and compensation amount in the form of shares, if the Requiring Body is a company authorized to issue shares and debentures; with prior approval of the Government, this proportion can be as high as fifty per cent of the rehabilitation grant and compensation amount.

6.4 Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP- 2007).

85. In February 2007, Government of Bihar has formulated and adopted a policy called Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP-2007). The policy comprises provision for compensation according to revised rate of land and additional facilities to be provided to the affected families. The main features of policy are as follows:

To meet the replacement cost of land payment of compensation in revised rate i.e. 50% additional as registration cost plus 30% solatuim in compulsory acquisition and 60% solatium if owners agree to give land voluntarily. Where homestead land is being acquired the land owner shall be entitled for same area of land being acquired (Maximum 5 Decimal) which shall be acquired for the purpose and shall be handed over to the entitled person. Every land owner, whose homestead land has been acquired, shall be paid an amount equal to Rs. 10,000 (Rupees Ten thousand) as one time assistance for temporary accommodation. Every Land Owner whose homestead land is being acquired shall be entitled for a onetime payment of Rs. 5,000.00 (Rupees five thousand only) as assistance for transportation of his household goods. Displaced agricultural labourer who has been working for a period of minimum three years and who used to earn his livelihood by working on the land which is now under acquisition and who has become jobless because of the acquisition, shall be entitled for onetime payment of two hundred days wages as fixed by the govt. under minimum wages act and shall also be entitled for National/State level job card under National Rural Employment Guarantee Program.

86. The policy specifies that the entire cost for Resettlement and Rehabilitation, in addition to the cost of acquisition of land shall be borne by the respective requisitioning authorities. The Requisitioning Authority shall deposit an amount equivalent to 0.5 percent of the estimated cost of land under acquisition for the project to the Collector-cum-Administrator, Resettlement and

Rehabilitation through a bank draft subject to maximum of Rs. 2.0 (Two lacs) only. This amount shall be over and above the amount paid for establishment expenditure under LAA. This additional amount shall be paid for outsourcing the work of survey for Resettlement, Monitoring, Stationeries, POL and other incidentals like vehicle, Computer, Computer Operator, Amins, Drafts man, Chainman etc.

87. The better part of the BLARRP-2007 is that the rate of land offered under it is near to replacement value. The rate of land according to this policy is 85% more than the rate of land being provided by LAA-1894. Additionally the policy also ensure transitional assistance, transportation assistance and assistance for income loss by the DPs

6.5 Asian Development Bank’s (ADB) Policy of Involuntary Resettlement

88. The ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is 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.

89. 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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

90. The main policy principles of the Involuntary Resettlement Safeguard are:

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. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the 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 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. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets

with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. 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. 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. 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. 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. 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. 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 final resettlement plan and its updates to displaced persons and other stakeholders. 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 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. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. 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 resettlement monitoring. Disclose monitoring reports.

6.6 Comparison of National and State Policies with ADB’s IR Policy

91. A detailed policy comparison between ADB Involuntary Resettlement Policy, NRRP 2007, and BLARRP 2007 is given in following Table.6.1

Table 6.1: Comparison Between ADB, National and State R&R Policies

National Bihar Land Sl. ADB’s SPS 2009 Rehabilitation and Acquisition R&R Remarks No. Resettlement Policy Policy-2007 (NRRP-2007) (BLARRP-2007) 1 Involuntary This principle is No such objective is NRRP-2007 meets resettlement should equally emphasized outlined ADB SPS be avoided where under NRRP-2007 requirements feasible 2 Where population NRRP-2007 aims to No such objective is NRRP-2007 meets displacement is minimize outlined ADB SPS unavoidable, it displacement and to requirements should be minimized promote, as far as by exploring all viable possible, non- project options displacing or least- displacing alternatives (refer Para 2.1a) 3 Affected individuals, Loss of assets to be Provision for a method NRRP-2007 meets families or a compensated to the for fixation of rate of ADB SPS. community will be extent of actual loss land above the compensated and (refer Para 7.2 and registration cost assisted through Para 7.4.1) however, no mention of the principle of replacement of lost replacement cost; No assets, so that their provision made for economic and social restoration to pre- circumstances will be project level at least restored to the pre-project level 4 All compensation The compensation Provision for a method It is not clear whether should be based on award shall take into for fixation of rate of the “market value” of the principle of account the market land above the the NRRP-2007 is replacement cost value of the property registration cost the equivalent meet being acquired (refer however, no mention of ADB SPS of the principle of Para 6.22b) requirements for replacement cost replacement cost. 5 Each involuntary NRRP-2007 No provision made NRRP-2007 meets resettlement is emphasizes to ADB SPS conceived and integrate requirements. executed as part of rehabilitation the development concerns into the project or program development planning and implementation process (refer Para 2.1e)

National Bihar Land Sl. ADB’s SPS 2009 Rehabilitation and Acquisition R&R Remarks No. Resettlement Policy Policy-2007 (NRRP-2007) (BLARRP-2007) 6 Affected people are NRRP-2007 ensure No provision made NRRP-2007 meets to be consulted on adequate ADB SPS compensation and/or rehabilitation requirements. resettlement options, package and including relocation expeditious sites, and implementation of the socioeconomic rehabilitation process rehabilitation with the consultation and active participation of the affected families (refer Para 2.1b ) 7 All displaced families In all cases of In case of loss of NRRP-2007 meets should be assisted involuntary homestead land or ADB SPS for relocation by resettlement all house only requirements. providing relocation affected families shall sites with appropriate be provided basic facilities and services infrastructural facilities and amenities at the resettlement site (refer Para 7.22.1 and Para 7.22.2) 8 Pertinent NRRP-2007 ensure No provisions made NRRP-2007 meets resettlement this principle (refer ADB SPS information is to be point 6 above) also requirements. disclosed to the refer Para 6.14.1, affected people at Para 6.14.3) key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options 9 Grievance redress Project involving No provision made NRRP-2007 meets mechanisms for involuntary ADB SPS affected people are resettlement needs to requirements. to be established have Grievance redress mechanisms for affected people (refer Para 8.1.1 and Para 8.3.4) 10 Social and cultural This is emphasized in No provision made NRRP-2007 meets

National Bihar Land Sl. ADB’s SPS 2009 Rehabilitation and Acquisition R&R Remarks No. Resettlement Policy Policy-2007 (NRRP-2007) (BLARRP-2007) institutions of the the policy (refer Para ADB SPS affected people, and, 6.10, Para 7.21.6) requirements. where relevant, of their hosts, are to be protected and supported 11 The absence of a NRRP-2007 fully No provision made NRRP-2007 meets formal legal title to recognizes the non- but only agricultural ADB SPS land is not a bar to titleholder families laborer is considered requirements. ADB policy and ensure R&R However, there are entitlements benefits (refer Para conditions in the 3.1.b.iii) NRRP which set a cut-off date of three years previous while for ADB the cut-off is at the time of the resettlement census. 12 The resettlement NRRP-2007 equally No provision made NRRP-2007 meets planning documents emphasized the need ADB SPS will, in each case, to identify the requirements. define the poorest vulnerable people in and vulnerable R&R plan (refer Par groups 6.4.v) 13 When significant This is equally No provision made NRRP-2007 meets Indigenous Peoples emphasized in the ADB SPS or ethnic minority NRRP-2007 requirements. issues are identified special attention will be paid to exploring viable alternative designs that will reduce or eliminate such impacts 14 In case of significant where the Scheduled No provision made NRRP-2007 meets impacts of IP, an Tribes people are ADB SPS Indigenous Peoples being displaced in requirements. Development Plan sizeable numbers, a may be required in well thought out addition to a Tribal Development resettlement plan. Plan must be put in place (refer Par 1.5) 15 The full resettlement NRRP-2007 ensure The policy specifies NRRP-2007 meets costs are to be that the entire that all R&R cost will ADB SPS included in the estimated cost of part of project and

National Bihar Land Sl. ADB’s SPS 2009 Rehabilitation and Acquisition R&R Remarks No. Resettlement Policy Policy-2007 (NRRP-2007) (BLARRP-2007) presentation of rehabilitation and borne by requiring requirements. project costs and resettlement benefits agency benefits and other expenditure for rehabilitation and resettlement of the affected families is communicated to the requiring body for incorporation in the project cost (refer Para 6.16) 16 For all development NRRP-2007 No provision made NRRP-2007 close to interventions that emphasized the need meeting ADB SPS involve Involuntary to prepare R&R Plan requirements. Resettlement, a (refer Para 3.1.t and Threshold numbers satisfactory and Para 5.1) for NRRP are 400 detailed resettlement DPs for plains and plan will be prepared 200 for hills/tribal’s by the government or while ADB is a flat sponsor 200 DPs. 17 Resettlement plans NRRP-2007 ensure No provision made NRRP-2007 meets will be prepared with preparation of ADB SPS appropriate time resettlement planning requirements. bound actions and document (refer Para budgets. 5.1, Para 6.14.2 and Para 7.22.2) 18 Social preparation Full payment of No provision made NRRP-2007 meets and payment of compensation as well ADB SPS compensation should as adequate requirements. precede actual progress in displacement. resettlement shall be ensured in advance

of the actual displacement of the affected families (refer Para 6.22.a)

6.7 Policy Framework for this Project

92. Based on the above analysis of applicable legal and policy frameworks of the country and in consistent with ADB’s policy requirements the broad resettlement principle for this project shall be the following:

The involuntary resettlement would be avoided wherever possible or minimized as much as possible by exploring project and design alternatives. The Project or all subprojects under the program will be screened to identify past, present, and future involuntary resettlement impacts and risks. The scope of resettlement planning will be determined through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Meaningful consultations with displaced persons, host communities, and concerned non-government organizations will be carried out and all displaced persons will be informed of their entitlements and resettlement options. AP’s participation in planning, implementation, and monitoring and reporting of resettlement programs will be ensured. Particular attention will be paid to the needs of vulnerable groups, especially those below the 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. An effective grievance redress mechanism will be established to receive and facilitate resolution of the displaced persons’ concerns. The social and cultural institutions of displaced persons and their host population will be supported through proper planning. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. The livelihoods of all displaced persons will be improved or at least restored through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Physically and economically displaced persons will be provided with needed assistance, including (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. The standards of living of the displaced poor and other vulnerable groups, including women, will be improved to at least national minimum standards. In rural areas legal and affordable access to land and resources will be provided, and in urban areas appropriate income sources and legal and affordable access to adequate housing will be provided to the displaced poor. If land acquisition is through negotiated settlement, procedures will be developed in a transparent, consistent, and equitable manner to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. If, however, the negotiated settlement fails, the normal procedure of land acquisition will be followed. Displaced persons without titles to land or any recognizable legal rights to land will be ensured that they are eligible for resettlement assistance and compensation for loss of non-land assets.

A resettlement plan will be prepared elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. The draft resettlement plan, including documentation of the consultation process will be disclosed in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to displaced persons and other stakeholders. The final resettlement plan and its updates will also be disclosed to displaced persons and other stakeholders. Involuntary resettlement will be conceived and executed as part of a development project or program. Full costs of resettlement will be included 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. All compensation will be paid and other resettlement entitlements will be provided before physical or economic displacement. The resettlement plan will be implemented under close supervision throughout project implementation. Resettlement outcomes, their impacts on the standards of living of displaced persons will be monitored; it will be accessed whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Monitoring reports will be disclosed to DPs. Land acquisition for the project would be done as per both LAA and the BLARRP 2007. To meet the replacement cost of land payment of compensation in revised rate i.e. 50% additional as registration cost plus 60% solatium will be provided to each land holders. The uneconomic residual land remaining after land acquisition will be acquired as per the provisions of Land Acquisition Act. The owner of such land/property will have the right to seek acquisition of his entire contiguous holding/ property provided the residual land is less than the average land holding of the district. People moving in the project area after the cut-off date will not be entitled to any assistance. In case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act, 1894 will be treated as the cut-off date. For non-titleholders the date of project census survey or a similar designated date declared by the executing agency will be considered as cut-off date. All common property resources (CPR) lost due to the project will be replaced or compensated by the project.

93. The project will recognize three types of displaced persons like (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to all three types of displaced persons.

6.8 Methodology for Determination of Valuation of Assets

94. All lands proposed to be acquired under this project will be compensated as per replacement cost. Land surveys to determine compensation rates will be conducted on the basis current land use and assessment of market value. Records as they are on the cut-off date will be taken into consideration while determining the current use of land. The EA will determine the replacement cost as per BLARRP-2007 based on market survey and in consultation with DPs. After notification for acquisition as per LAA-1894, the EA will negotiate with DPs for voluntary acquisition and ensure payment of additional 50% registration cost and 60% solatium to all DPs. The EA will ensure that the rates established for the project are sufficient to purchase the same quality and quantity of land in the specific area.

95. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost as on date without depreciation. The EA will determine the replacement cost of structures in consultation with the owners by assessing (i) sources and cost of materials, whether the materials are locally available; (ii) type of shops (private or state-owned); (iii) distance to be traveled to procure materials; (iv) obtaining cost estimates through consultation with three contractors/suppliers in order to identify cost of materials and labor; (v) identifying the cost of different types of houses of different categories and compare the same with district level prices.

96. Cash compensation for properties belonging to the community if opted by the community, will be provided to enable construction of the same at new places through the community/ local self-governing bodies / appropriate authority in accordance with the modalities determined by such bodies / authority to ensure correct use of the amount of compensation.

97. Compensation for trees will be based on their market value. Loss of timber trees will be compensated at their replacement cost while the compensation for the loss of fruit bearing trees will be calculated as annual produce value for at next 15 years depending on the nature of crops/trees.

6.9 Procedure and Steps of Land Acquisition

98. The land acquisition in this subproject context will be accordingly the Land acquisition Act (LAA) 1894, as amended in 1984 along with additional provision made under Bihar Land Acquisition Resettlement and Rehabilitation Policy-2007 (BLARRP-2007). The process for land acquisition in the subproject will be as follows:

1. All the land identified for the subproject will be placed under Section 4 of the LAA-1984 and a notification with Government’s intension to acquire land will be issued by the District Collector (DC). 2. Objections if any must be made within 30 days to the District Collector by the landowners. 3. The land will be then placed under Section 6 of the LAA where a declaration will be made by the Government for acquisition of land for public purpose. 4. The DC will take steps for the acquisition, and the land is placed under Section 9 and notice will be issued by the DC in the name of persons interested. 5. Once the land is placed under Section-9, the EA with the help of NGO will try for a negotiated settlement with DPs on compensation and also to ensure payment of additional 50% registration cost and 60% solatium to all DPs.

6. Under Section 11, the DC will make declaration of award and disburse the compensation to the DPs.

7. ENTITLEMENTS, ASSISTANCE AND BENEFITS

7.1 Definition of DPs and Eligibility

99. The project will have three types of displaced persons i.e., (i) persons with formal legal rights to land lost in its entirety or in part; (ii) persons who lost the land they occupy in its entirety or in part who have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national laws; and (iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to all three types of displaced persons. DPs entitled for compensation, assistance and rehabilitation provisions under the sub project are:

All DPs losing land either covered by formal legal title, recognizable title , or without legal status; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and DPs losing business, income, and salaries

100. Compensation eligibility is limited by a cut-off date as set for this project on the day of the beginning of the census survey which is 26th June 2011. DPs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction.

7.2 Entitlements

101. The entitlement provisions various categories of DPs in terms loss of land house and income as per census survey are detailed below:

102. Agricultural land impacts will be compensated at replacement cost. Cash compensation at replacement cost will be determined according to BLARRP-2007 or replacement of land if available. If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, three options are to be given to the AP, subject to his acceptance which are (i) The AP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired, (ii) Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the EA, the EA will acquire the residual plot and pay the compensation for it and (iii) If the AP is from vulnerable group, compensation for the entire land by means of land for land will be provided if AP wishes so, provided that land of equal productive value is available. All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

103. Loss of homestead /Commercial land will be compensated at replacement cost. Cash compensation at replacement cost will be determined according to BLARRP-2007 or replacement of land if available. All fees, stamp duties, taxes and other charges, as applicable

under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

104. Loss of Structures Residential/Commercial/Other will be compensated at replacement value with other assistance. The details on the determination of compensation will be as (i) Compensation of structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, (ii) Shifting assistance of Rs. 10,000/-, (iii) Right to salvage material from demolished structure and frontage etc, and (iv) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals.

105. Loss of rental accommodation by the tenants will be compensated as rental assistance and shifting assistance. The details assistance will be as per (i) Rental assistance for both residential & commercial tenants as per the prevalent rate in the form of grant to cover maximum three month rentals, (ii) Additional structures erected by tenants will also be compensated and deducted from owner’s compensation amount, (iii) Shifting assistance based on type of house and household assets, (iv) Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on submission of documentary evidences and (v) Right to salvage material from demolished structure and frontage etc. erected by tenants

106. Loss of structure by non-title holder as squatters will be compensated for structure and shifting assistance will be provided. Whereas, encroachers having structure will get compensation only for those falling vulnerable households. The detail assistance will be as per (i) compensation for both residential & commercial squatter as per the prevalent rate in the form of grant to cover maximum three month rentals, (ii) Shifting assistance will be Rs. 10000/-, (iii) Right to salvage material from demolished structure and frontage etc. erected by squatters.

107. Loss of Trees will be compensated to Land holders, Share- croppers and Lease holders based on the market value to be computed with assistance of horticulture department. This can further be detailed in specific ways such as (i) Advance notice to DPs to harvest fruits and remove trees, (ii) b) For fruit bearing trees compensation at average fruit production for next 15 years to be computed at current market value and (iii) For timber trees compensation at market cost based on kind of trees

108. Loss of Crops will be compensated to Land holders, Share- croppers and Lease holders based on the market value to be computed with assistance of agricultural department. The detailed compensation methods are (i) Advance notice to DPs to harvest crops and (ii) In case of standing crops, cash compensation at current market cost to be calculated of mature crops based on average production.

109. Loss of Livelihood due to Loss of primary source of income will be compensated through rehabilitation assistances. There are various categories of entitled persons under this category which are (i) Titleholders losing income through business, (ii) Titleholders losing income through agriculture, (iii) Non-titleholders namely squatters and vulnerable encroachers losing primary source of income, (iv) Wage earning employees indirectly affected due to displacement of commercial structure, (v) Agricultural laborer/share-cropper and (vi) Licensed mobile vendors and kiosk operators. Details of entitlements for the above categories are described below:

Title holders losing their business establishment due to displacement will be provided rehabilitation assistance through a lump sum transitional allowance of Rs. 9,000/- which

has been calculated based on the estimates of average wage rate which is Rs. 100/- per day for a period of three months.

Titleholders losing income through agriculture will be provided with the rehabilitation assistance which are (i) Training Assistance will be provided for income generating vocational training and skill upgrading options as per APs choice at the rate of Rs. 4,000 per affected household to those households losing their primary source of income and (ii) Employment opportunity for APs in the road construction work, if available and if so desired by them.

Non-titleholders namely squatters and vulnerable encroachers losing primary source of income will be provided with rehabilitation assistances through (i) Training would be provided for upgrading of skills @ Rs. 4,000/ - per family to the APs, (ii) Employment opportunity for APs in the road construction work, if available, and if so desired by them, Or (iii) National/State level job card under National Rural Employment Guarantee Program.

Wage earning employees indirectly affected due to displacement of commercial structure will be assisted through rehabilitation assistance which are; (i) persons indirectly affected due to the employer having being displaced, on case-by-case, based on local wage rates for three months, (ii) Employment opportunity for APs in the road construction work, if available and if so desired by them, Or (iii) National/State level job card under National Rural Employment Guarantee Program.

Rehabilitation assistance for Agricultural laborer/share-cropper will be paid as per the details such as (i) Assistance is to be paid as per the prevailing local wage rates for 200 days., (ii) b) Employment opportunity for APs in the road construction work, if available and if so desired by them, Or (iii) National/State level job card under National Rural Employment Guarantee Program.

Licensed mobile vendors and kiosk operators will be provided with the rehabilitation assistance which are (i) Mobile venders are not eligible for compensation or assistance (ii) Those mobile vendors in possession of a permit from local authorities to operate in the affected area will be treated as kiosks operators, (iii) Kiosk operators and vendors licensed to operate from affected locations will be entitled to a one time lump sum assistance of Rs. 4,000/-.

110. Loss of community infrastructure/common property resources will be compensated either by cash compensation at replacement cost or reconstruction of the community structure in consultation with the affected community. In case of cash option, the concerned community or the individual in charge of the community will be entitled for receiving the compensation. However, the option will be given to the community to decide.

111. Additional Assistance to vulnerable groups (Vulnerable households including BPL, SC, ST, WHH, disabled and elderly) will be paid with Special Assistance which will be one time lump sum assistance of Rs. 10,000/ to vulnerable households. This will be paid above and over the other assistance(s) as per this framework. However, any households falling under multiple vulnerable categories will be considered as one unit for the vulnerability and the assistance will be provided one time rather than on multiple basis.

112. Other Unanticipated Impacts (Temporary impact during construction like disruption of normal traffic, damage to adjacent parcel of land / assets due to movement of heavy machinery and plant site) will be compensated to either individual or community in the form of (i) The contractor shall bear the cost of any impact on structure or land due to movement of machinery during construction or establishment of construction plant and (ii) All temporary use of lands outside proposed RoW to be through written approval of the landowner and contractor. Location of Construction camps by contractors in consultation with RCD. The EA will ensure to make provisions in the contract agreement that contractors will bear the cost of any impact on structure or land due to movement of machinery during construction.

113. Any unanticipated impacts (if any) due to the project will be documented and mitigated based on the spirit of the principle agreed upon in this framework.

7.3 Entitlement Matrix

114. Compensation for the lost assets to all displaced persons will be paid on the basis of replacement cost. Resettlement assistance for lost income and livelihoods will be provided to both title holders and non-title holders. Special resettlement and rehabilitation measures will be made available to the “Vulnerable Group” comprises of DPs living below poverty line (BPL), SC, ST, women headed households, the elderly and the disabled. An Entitlement Matrix (Table 7.1) has been formulated, which recognizes and lists various types of losses resulting out of the project and specific compensation and resettlement packages.

Table 7.1: Entitlement Matrix

S. Unit of Type of Loss Entitlement Details N. Entitlement A. LOSS OF LAND 1 Loss of a) Titleholder a) Compensation a) Cash compensation at replacement cost as determined Agricultural b) DPs with at replacement according to BLARRP-2007 or replacement of land if available. land customary land cost b) If the residual plot(s) is (are) not viable, i.e., the DP becomes a right b) Special marginal farmer,7 any of the following three options are to be provision for given to the DP, subject to his acceptance: vulnerable The DP remains on the plot, and the compensation and group assistance paid to the tune of required amount of land to be acquired. Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his residual plot should also be acquired by the EA, the EA will acquire the residual plot and pay the compensation for it. If DP is from vulnerable group, compensation for the entire land by means of land for land will be provided if DP wishes so, provided that land of equal productive value is available. c) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA. 2 Loss of a) Titleholder a) Compensation a) Cash compensation at replacement cost as determined homestead b) DPs with at replacement according to BLARRP-2007 or replacement of land if available. /commercial customary land cost b) All fees, stamp duties, taxes and other charges, as applicable land rights under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA. B. LOSS OF STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER)

7 Marginal farmers are those who own less land than the district minimum land holding.

S. Unit of Type of Loss Entitlement Details N. Entitlement 3 Loss of a) Titleholder a) Compensation a) Compensation of structure will be paid at the replacement cost residential / b) DPs having at replacement to be calculated as per latest prevailing basic schedules of commercial structure with cost rates (BSR) without depreciation. structures customary land b) Shifting b) Shifting assistance of Rs. 10000/-8. right assistance c) Right to salvage material from demolished structure and frontage etc. d) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals. 4 Loss of rental Tenants a) Rental a) Rental assistance for both residential & commercial tenants as accommodation Assistance per the prevalent rate in the form of grant to cover maximum b) Compensation three month rentals. at replacement b) Additional structures erected by tenants will also be cost compensated and deducted from owner’s compensation c) Shifting amount. assistance c) Shifting assistance based on type of house and household assets. d) Any advance deposited by the tenants will be refunded from owners total compensation package to the tenant on submission of documentary evidences. e) Right to salvage material from demolished structure and frontage etc. erected by tenants. C. LOSS OF STRUCTURE BY NON-TITLED HOLDER 5 Loss of Squatters9 having a) No a) Squatters will be notified and given one month time to remove structure structure compensation for their assets. (immovable land b) Compensation for loss of structure at replacement cost. assets 10 b) Compensation c) Shifting assistance of Rs. 10000 /-. constructed by for structures. d) Right to salvage material from the demolished structure. squatters and c) Shifting encroachers) Assistance Encroachers11 a) No a) Encroachers will be notified and given one month time to having structure compensation remove their assets and harvest their crops. for land b) Compensation for structures at replacement cost to the b) Compensation vulnerable households only. for structures to c) Right to salvage materials from the demolished structure. only vulnerable household D. LOSS OF TREES AND CROPS 6 Loss of Trees a) Land holders Compensation at a) Advance notice to DPs to harvest fruits and remove trees b) Share- croppers Market value to b) For fruit bearing trees compensation at average fruit production c) Lease holders be computed with for next 15 years to be computed at current market value assistance of horticulture c) For timber trees compensation at market cost based on kind of department trees 7 Loss of Crops a) Land holders Compensation at a) Advance notice to DPs to harvest crops b) Share- croppers Market value to b) In case of standing crops, cash compensation at current market c) Lease holders be computed with cost to be calculated of mature crops based on average assistance of production. agriculture department E. LOSS OF MARKET PLACE STRUCTURE BY TITLED HOLDER AND NON-TITLED HOLDER 8 Impact on Titleholder12 Relocation a) Affected enterprises will be provided with the following options: market place/ (Owner) losing Assistance Self managed reconstruction of shops by the shop operators area on a commercial

8 As required by NPRR 2007. 9 Landless person 10 As required by NRRP 2007. 11 Legitimate land holder but encroaching his movable or immovable assets on Government land

S. Unit of Type of Loss Entitlement Details N. Entitlement minimum of 25 enterprise in the with all benefits as per the entitlement matrix; or shops/ market area b) Project assisted relocation option will be provided to those businesses whose commercial structure can no longer be used as a commercial enterprise as a result of the Project impact. The allotment of the shops in the market complex will be based on the ownership status of those affected. c) Shifting assistance of Rs. 10000/-13. d) Right to salvage material from demolished structure at no cost. Non-titleholder14 Relocation a) Affected enterprises will be provided with the following options: (tenants, Assistance Self managed reconstruction of shops by the shop operators leaseholders or with all benefits as per the entitlement matrix; or squatters) losing b) Project assisted relocation option will be provided to those commercial whose commercial structure can no longer be used as a enterprise in the commercial enterprise as a result of the Project impact. The market area allotment of the shops in the market complex will be based on the ownership status of those affected. c) Shifting assistance of Rs. 1000015/-. d) Right to salvage material from demolished structure at no cost. F. LOSS OF LIVELIHOOD 9 Titleholders losing Rehabilitation a) Title holders losing their business establishment due to Loss of primary income through Assistance displacement will be provided with a lump sum transitional source of business allowance of Rs. 900016. income Titleholders losing Rehabilitation a) Training Assistance will be provided for income generating income through Assistance vocational training and skill upgrade options as per DPs choice agriculture at the rate of Rs. 4000 per affected household to those households losing their primary source of income. b) Employment opportunity for DPs in the road construction work, if available and if so desired by them. Non-titleholders Rehabilitation a) Training would be provided for upgrade of skills @ Rs. 4000/ - namely squatters Assistance per family to the DPs. and vulnerable b) Employment opportunity for DPs in the road construction work, encroachers losing if available and if so desired by them, Or primary source of c) National/State level job card under National Rural Employment income Guarantee Program. Wage earning Rehabilitation a) This is valid for persons indirectly affected due to the employer employees Assistance having being displaced, on case-by-case, based on local wage indirectly affected rates for three months. due to b) Employment opportunity for DPs in the road construction work, displacement of if available and if so desired by them, Or commercial c) National/State level job card under National Rural Employment structure Guarantee Program. Agricultural Rehabilitation a) Assistance is to be paid as per the prevailing local wage rates laborer/share- Assistance for 200 days. cropper b) Employment opportunity for DPs in the road construction work, if available and if so desired by them, Or d) National/State level job card under National Rural Employment

12 In case of affected Title owners who have been carrying out business for 10 or more years – the affected title owners will be allotted a shop in the market in lieu of compensation. No additional compensation will be paid to them. However, they will be entitled to transitional assistance and shifting assistance as applicable and provided for in the Entitlement Matrix. 13 As required by NPRR 2007. 14 In case of affected non-title owners, tenants and leaseholders, squatters and vulnerable encroachers, who have been carrying out business for 10 or more years, will be re-established by creation of market place. The constructed shops in this market will be provided on rent to them. For first 3 months, no rent will be charged from these DPs. However, after three months these DPs need to pay to the authority the agreed rent by demand draft monthly and if he/she wishes to own the same can pay the total amount in agreed installments. The DPs opting for this option will not be paid cash compensation for their structure loss. 15 As required by NRRP 2007 16 This rate has been fixed based on the estimates of average income for a period of three months.

S. Unit of Type of Loss Entitlement Details N. Entitlement Guarantee Program.

Licensed mobile Rehabilitation a) Mobile venders are not eligible for compensation or vendors and kiosk Assistance assistance. operators b) Those mobile vendors in possession of a permit from local authorities to operate in the affected area will be treated as kiosks operators. c) Kiosk operators and vendors licensed to operate from affected locations will be entitled to a one time lump sum assistance of Rs. 4000/-. G. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES

10 Loss of Common Community Reconstruction/ a) Cash compensation at replacement cost or reconstruction of Property Cash the community structure in consultation with the affected Resources Compensation at community. replacement cost

H. ADDITIONAL SUPPORT TO VULNERABLE GROUP

11 Additional Vulnerable Special a) One time lump sum assistance of Rs. 10000/ to vulnerable Assistance to households Assistance households. (This will be paid above and over the other vulnerable including BPL, SC, assistance(s) as per this framework). groups ST, WHH, disabled and elderly

I. OTHER UNANTICIPATED IMPACTS

12 Temporary Community / Compensation a) The contractor shall bear the cost of any impact on structure or impact during Individual land due to movement of machinery during construction or construction establishment of construction plant like disruption b) All temporary use of lands outside proposed RoW to be through of normal written approval of the landowner and contractor. traffic, damage c) Location of Construction camps by contractors in consultation to adjacent with RCD. parcel of land / assets due to movement of heavy machinery and plant site 13 Unforeseen Any unanticipated impacts due to the project will be documented and mitigated based on the spirit of the impacts if any principle agreed upon in this framework.

8. RELOCATION OF HOUSING AND SETTLEMENTS

8.1 Basic Provision for Relocation

115. The EA will provide adequate and appropriate replacement land and structures or cash compensation at full replacement cost for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The EA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land, at full replacement cost. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date.

116. Preference will be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. Whenever replacement land is offered, displaced persons are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The non-availability of land will be demonstrated and documented during the implementation of this RP to the satisfaction of ADB.

117. In the case of physically displaced persons, the EA will provide (i) relocation assistance, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, and civic infrastructure and community services as required; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) opportunities to derive appropriate development benefits from the project.

8.2 Need for Relocation

118. The numbers of private structures that are going to be affected due to sub-project are 1994 over the stretch of 124.00 kilometers. Among those, 1864 structures are on privately owned plots and are 130 squatters. Due to smaller size of plots as well as landholdings, as many as 4846 households are losing their land in the subproject. It is found that the impacts on their agricultural or homestead land are mostly partial. All efforts are made through various provisions in this RP to mitigate negative social impacts on displaced persons and communities by supporting relocation of affected households and by restoration of pre-project levels of income.

8.3 Magnitude of Physical Displacement in the Subproject

119. In the subproject 1864 titleholders households are losing structures out of which 1385 structures are of residential, 353 structures are of commercial, 256 are of residential cum commercial type. During the census survey DPs losing structures were asked whether they have additional land in case of displacement and as per census survey data it is found that 1598

(85.73%) households among 1864 titleholders have additional land with them to shift as shown in Table 8.1.

Table 8.1: Availability of Additional Land

Sl. No. Additional Land No. of Households % age 1 Available 1598 85.73 2 Not Available 266 14.27 Total 1864 100.0 Source: Census Survey, BSHP II Project – Additional Financing, 2011

8.1 Relocation and Compensation Option by DPs

120. To understand and know the relocation options, DPs were consulted during the census survey and out of 1864 titleholders households losing structures, 1617 households have opted for self relocation. The choice of households is further supported by their compensation option opted for cash compensation against loss of their structure. Details of relocation and compensation option are given in Table 8.2.

Table 8.2: Relocation Option by DPs

No. of Sl. No. Relocation Options Households %Age 1 Self Relocation 1617 86.75 2 Relocation by the Project 247 13.25 Total 1864 100 Source: Census Survey, BSHP II Project – Additional Financing, 2011

8.2 Relocation Strategy

121. With the scattered nature of resettlement impacts i.e. 1864 structures by titleholders and 130 structures by non-titleholders in 80 villages spread over 124.20 kilometers, it will be difficult and not feasible to provide resettlement colony with all amenities. During the focused group discussion, while discussing about relocation options people were very much in favor of resettlement within the village to avoid disruption of community life and problem with host community. Therefore cash compensation at market rate as more practical solution in this case is suggested for loss of structures.

122. All the structures affected in the subproject as per provisions made in the entitlement matrix will be entitled for the following:

(i) Compensation of structure will be paid at the replacement cost to be calculated as per latest prevailing basic schedules of rates (BSR) without depreciation, (ii) Shifting assistance to all structures @ of Rs. 10,000/- per structure, (iii) Right to salvage material from demolished structure and frontage etc, (iv) Rental assistance as per the prevalent rate in the form of grant to cover maximum three month rentals.

123. To help the DPs losing structures in getting all above entitlements and relocating themselves, following relocation strategy will be adopted in the subproject: a) All compensation will be paid and other resettlement entitlements will be provided before physical displacement. b) At least one month advance notice before demolition of structure. c) Their dismantled structures materials will not be confiscated and they will not pay any fine or suffer any sanction. d) The NGO engaged for RP implementation will assist DPs during verification of assets and will provide necessary counseling on payment of compensation and assistance. e) The NGO will assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. f) In close consultation with the DPs, the NGO will fix the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. g) In case of self relocation also, the NGO will assist the DPs in finding alternative land within the village if so desired by the DPs. h) The NGO will assist the APs to get benefits from Indira Aawas Yojana (IAY) and Credit-cum-Subsidy Scheme for Rural Housing (CSRH)

CHAPTER 9: INCOME RESTORATION AND REHABILITATION

9.1 Loss of Livelihoods in the Subproject

124. Due to loss of land and structures, many households shall lose their livelihoods or shall get economically displaced. While accounting the number of households losing their livelihoods, owners of agricultural land and associated agricultural laborer and share cropper are considered. Similarly in case of structures, households associated with commercial activities and employed people thereof are enumerated. However, as residential structures (1385) do not yield any source of livelihood, these are excluded. A total number of 4846 households shall be losing their livelihood. This comprises of 2074 (43.43%) agricultural land owners, 1210 (25.34%) agricultural laborer, 560 (11.72%) share croppers in the agriculture and related activities. In case of commercial structures including squatters 353 (7.39%) households will lose their livelihood. In case of residential cum commercial structures account 246 (5.15%) households. In addition. 187 (3.92%) tenants and 145 (3.04%) employees will also lose their livelihood. The details of impact on livelihoods in the subproject are presented in the Table 9.1.

Table 9.1 Loss of Livelihood Sl. No. of Loss %Age No. Household 1 Owners of Agricultural Land losing more than 10% 2074 43.43 2 Agricultural Laborer 1210 25.34 3 Sharecropper 560 11.72 4 Owners of Commercial Structure (331) + Squatters(22) 353 7.39 5 Owners of Residential cum Commercial Structure 246 5.15 Commercial tenant / leaseholder (109) +Residential & 6 Commercial tenant / leaseholder (78) 187 3.92 Employee in commercial Structure (80) +Employee in 7 commercial cum Residential Structure (65) 145 3.04 Total 4775 100.00

Source: Census Survey, BSHP II Project – Additional Financing, 2011

9.2 Provisions for Loss of Livelihood

125. The DPs losing their livelihoods includes titleholders land, agricultural laborers, agricultural tenants, and sharecroppers, both titleholders and non-titleholders DPs having commercial structures and employees of the affected structures. In the case of economically displaced persons, regardless of whether or not they are physically displaced, the EA will promptly compensate for the loss of income or livelihood sources at full replacement cost. The EA will also provide assistance such as credit facilities, training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels.

126. In cases where land acquisition affects commercial structures, affected business owners are entitled to (i) the costs of reestablishing commercial activities elsewhere; (ii) the net income lost during the transition period; and (iii) the costs of transferring and reinstalling plant,

machinery, or other equipment. Business owners with legal rights or recognized or recognizable claims to land where they carry out commercial activities are entitled to replacement property of equal or greater value or cash compensation at full replacement cost. The EA will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each displaced person for project components or sections that are ready to be constructed; (ii) other entitlements listed in the resettlement plan have been provided to displaced persons; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods.

9.3 Income Restoration Measures

127. The entitlement proposed for the subproject has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain their previous living standards. To restore and enhance the economic conditions of the DPs, certain income generation and income restoration programs are incorporated in the RP. To begin with providing employment to the local people during the construction phase will enable them to benefit from the project, reduce the size of intrusive work forces and keep more of the resources spent on the project in the local economy. It will also give the local communities a greater stake and sense of ownership in the project.

128. Among specific rehabilitation measures, capacity buildings of all the economically displaced persons will be carried out by the project authority. The NGO to be engaged for implementation of RP will carry out assessment and prepare micro plan for rehabilitation of DPs. The NGO will make the training need assessment and will impart training to the eligible DPs for income restoration and skill up-gradation as necessary. The EA will also provide opportunities to displaced persons to derive appropriate development benefits from the project. The vulnerable DPs will be given preference in availing employment opportunities in subproject construction work. The women headed households also will be taken care of in a case to case basis and the NGO will help them in forming Self help Groups (SHGs), establish linkages to available credit facilities, special trainings, and linking them with ongoing govt. schemes. Budget for training in terms of assistance is provided to DPs losing livelihoods and the NGO will either organize training programs or link the DPs to various ongoing training schemes. Following training programs will be considered based on further training need assessment to be carried out by the NGO.

Food processing such as making pickle, making sweets, making tomato sauce etc, Manufacturing of detergent items like soap, and shampoo, Manufacturing cosmetic items like talk and perfumes, Manufacturing candle, Manufacturing Incense sticks, Cycle repairing, Auto workshop, Electric fitting and repairing, Mushroom plantation, Animal husbandry, poultry and piggery, Sewing cloths and weaving

9.4 Additional Support from Ongoing Poverty Reduction Programs

129. In addition to project-sponsored programs, the implementing NGO will play a proactive role to mobilize DPs to get benefits from various government schemes and ensure their accessibility particularly of vulnerable groups. In India, panchayat government systems at the village, block and district/zilla levels are now responsible for planning and implementation of all anti-poverty programs funded by the central and state governments. The implementing NGO will work with the panchayat governments to make available to the DPs benefits of some of the ongoing pro-poor programs for poverty reduction.

CHAPTER 10: RESETTLEMENT BUDGET AND FINANCING PLAN

10.1 General

130. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and reporting, involvement of NGO in project implementation and other administrative expenses are part of the overall project cost. The unit cost for land and other assets in this budget has been derived through field survey, consultation with affected families, relevant local authorities and reference from old practices. Contingency provisions have also been made to take into account variations from this estimate. Some of the major items of this R&R cost estimate are outlined below:

Compensation for agricultural, residential and commercial land at their replacement value compensation for structures (residential/ commercial) and other immovable assets at their replacement cost Compensation for crops and trees Assistance in lieu of the loss of business/ wage income/ employment and livelihood Assistance for shifting of the structures Resettlement and Rehabilitation Assistance in the form of Training allowance Special assistance to vulnerable groups for their livelihood restoration Cost for implementation of RP.

10.2 Compensation

131. Private Agricultural Land: The unit rate for agricultural land has been estimated as per Bihar Land Acquisition and Resettlement Policy-2007. To meet the replacement cost of land compensation will be calculated over updated land rate with 50% additional as registration cost plus 60% solatium.

132. Residential/ Commercial and religious structure: The compensation cost of structures are arrived at by assessment of market value, consultation with DPs and data collected from building contractors and property agents this meets the replacement cost of the structures. The average rate for permanent structures without land has been calculated at Rs. 3,500/m2, semi- permanent structures have been calculated at Rs. 2,500/m2, and temporary structures have been calculated at the rate of Rs. 1,500/m2.

133. Trees: As per provision made in the entitlement matrix trees will be compensated at market value. Among fruit bearing trees, there are five most common species enumerated in the census surveys, i.e. mengo, jamun, ber, amrut and jackfruit. For fruit bearing trees, compensation is calculated on the basis of annual produce value for the next 15 years and according to the local assessment, the maximum average annual produce value of these trees are Rs. 500. Therefore, the cost of fruit bearing trees for next 15 years is estimated at Rs. 7,500/-. Among non-fruit bearing/timber trees, some common species enumerated in the survey includes sisam, kamhar, babul, nim and pippal. For timber trees, compensation is calculated on the basis of market rate. @ Rs. 5,000/- for a fully grownup tree.

10.3 Assistance

134. Shifting allowance: Shifting allowance will be provided to all the affected households losing structures and tenants. The unit cost has been derived on a lump sum basis of Rs. 10000/- as required by NPRR 2007.

135. Rental Assistance: Rental assistance to titleholder (structures) and tenants in structures will be provided in the form of grants to cover maximum three months rentals @ Rs. 1000/- per month.

136. Rehabilitation Assistance to DPs Losing Business Establishment: Households losing their business establishment due to displacement will be provided with a lump sum transitional allowance of Rs. 9000/-. This rate has been fixed based on the estimates of average income for a period of three months.

137. Training Assistance to Agricultural Titleholders: Training Assistance will be provided for income generating vocational training and skill up-gradation options as per DPs choice at the rate of Rs. 4000/- per affected household to those households losing their primary source of income.

138. Rehabilitation Assistance to Employees in Structure: Wage earning employees indirectly affected due to displacement of commercial structure will be provided assistance as per the prevailing local wage rate for 3 months i.e. @ Rs. 100/- for 90 days.

139. Rehabilitation Assistance to Agricultural Laborers/Sharecroppers: Agricultural Laborers/ Sharecroppers will be provided with assistance as per the prevailing local wage rate for 200 days @ Rs. 100/- per day.

140. Assistance to Vulnerable Households: One time lump sum assistance of Rs. 10000/- will be paid to each vulnerable households. (This will be paid above and over the other assistance(s) as per the entitlement matrix).

10.4 Compensation for Community and Government Property

141. 135. Government Land: No cost estimate for government land to be acquired for the subproject are made as these land will to transferred from other departments to the EA.

10.5 RP Implementation and Support Cost

142. The unit cost for hiring of the implementing NGO has been calculated on a lump sum basis for Rs. 40,000,00/-. This is based on the similar earlier project experiences and informal consultation and feedback received from the local staff and keeping in consideration one year duration of NGO’s involvement. Costs will be updated during implementation. A 10% contingency has been added in order to adjust any escalation. For grievance redress process a lump sum of Rs. 400000/- is provided and cost of other RP implementation and administrative activities will be a part of existing departmental expenditure.

10.6 Source of Funding and Fund Flow Management

143. The cost related to land acquisition and resettlement cost will be borne by the EA. EA will ensure allocation of funds and availability of resources for smooth implementation of the subproject R&R activities. The EA will, in advance, initiate the process and will try to keep the approval for the R&R budget in the fiscal budget through the ministry of finance. In the case of assistance and other rehabilitation measures, the EA will directly pay the money or any other assistance as stated in the RP to DPs. The implementing NGO will be involved in facilitating the disbursement process and rehabilitation program.

10.7 R&R Budget

144. The total R&R budget for the proposed subproject RP works out to Rs. 944.89 million. A detailed indicative R&R cost is given in Table 10.1.

Table: 10.1 R&R Budget

Sl. No. Item Unit Rate Amount A Compensation for Land in Acre in Rupees 1 Compensation for Private Land 180.156 As per BLARRP* 684592800 Subtotal A 684592800 in Sq. B Compensation for Private Structure mtr. Rupees 1 Compensation for Permanent Structure 7895 3500 27632500 Compensation for Semi-Permanent 2 Structure 9129 2500 22822500 3 Compensation for Temporary Structure 11407 1500 17110500 4 Compensation for Religious Structure 2075 3500 7262500 Subtotal B 74828000 C Compensation for Private Trees Number Rupees 1 Compensation for Fruit Bearing Trees 178 7500 1335000 2 Compensation for Non-Fruit Bearing Trees 263 5000 1315000 Subtotal C 2650000 D Assistance Number Shifting Assistance to Titleholder 1 (Structures) 1864 Rs. 10,000 18640000 2 Rental Assistance to Titleholder (Structures) 1864 3 months X Rs. 1000 5592000 3 Shifting Assistance to Squatter 203 Rs. 10,000 2030000 4 Rental Assistance to Tenants in Structures 187 3 months X Rs. 1000 561000 5 Shifting Assistance to Tenants in Structures 187 Rs. 10,000 1870000 Rehabilitation Assistance to DPs Losing 6 Business Establishment 609 Lump sum Rs. 9000 5481000 Training Assistance to Agricultural 7 Titleholders 2145 Rs. 4,000 8580000 Rehabilitation Assistance to Employees in 8 Structure 145 90 days X Rs. 100 1305000

Sl. No. Item Unit Rate Amount Rehabilitation Assistance to Agricultural 9 Labourers/Sharecroppers 1770 200 days X Rs. 100 35400000 10 Assistance to Vulnerable Households 1107 Lump sum Rs. 10000 11070000 Subtotal D 90529000 E RP Implementation Support Cost Number 1 Hiring of NGO for RP Implementation 1 Rs. 40,00,000 4000000 Grievance Redressal Cost including 2 consultation lump sum Rs. 2,00,000 200000 3 Training for DPs by NGO 11 blocks Rs. 2,00,000 2200000 Subtotal E 6400000 Total (A+B+C+D+E) 858999800 Contingency (10%) 85899980 GRAND TOTAL 944899780

CHAPTER 11: INSTITUTIONAL ARRANGEMENTS

11.1 Institutional Requirement

145. For implementation of RP there will be a set of institutions involve at various levels and stages of the project. For successful implementation of the RP the proposed institutional arrangement with their role and responsibility has been outlined in this section. The primary institutions, who will be involved in this implementation process, are the following:

. Bihar State Road Development Corporation (BSRDC), Government of Bihar . Project Management Unit (PMU) . Project Implementation Unit (PIU) . Non Government Organization (NGO)

11.2 Executing Agency

146. The Executing Agency (EA) for the Project is BSRDC, Government of Bihar. The existing BSRDC has already set up a Project Management Unit (PMU) headed by a Managing Director (MD) with General Managers and Deputy General Managers (DGM) assisted by Managers. This office will be functional for the whole Project duration. The EA, headed by MD will have overall responsibility for implementation of loan and will also be responsible for the overall coordination among ADB, Government of Bihar and PIU.

11.3 Project Management Unit (PMU)

147. For resettlement activities, PMU will do the overall coordination, planning, implementation, and financing. The PMU will create a Resettlement Cell (RC) within itself with appointment of a Resettlement Officer (RO) at the rank of Executive Engineer (EE) and required support staff for the duration of the Project to ensure timely and effective planning and implementation of resettlement activities. The candidate to be appointed as RO is desired to have similar earlier experience in resettlement and social development planning and implementation. The RO will be assisted by the respective PIU and staff, NGO, for planning and implementation of resettlement activities in the project. Some of the specific functions of the PMU in regards to resettlement management will include:

. Overall responsibility of implementation and monitoring of R&R activities in the Project; . Ensure availability of budget for R&R activities; . Liaison lined agencies support for land acquisition and implementation of R&R; . Selection and appointment of the NGOs. . Coordinating with line Departments, PIU, implementing NGO and Construction Supervision Consultant (CSC)

11.4 Project Implementation Unit (PIU)

148. Project Implementation Unit (PIU) will be established at subproject level for the implementation of sub-projects. The PIU, will appoint/ designate an Assistant Resettlement Officer (ARO) in the rank of Assistant Engineer (AE) who will either be deputed to the PIU or engaged on contractual basis having adequate land acquisition implementation/resettlement

experience. The staffs at the PIU level will be provided with the training by the social/ resettlement specialist of the supervision consultant for implementation of the RP. The PIU will maintain all databases, work closely with DPs and other stakeholders and monitor the day today resettlement activities. Some of the specific tasks to be performed by PIU include:

. To coordinate with district administration for land acquisition; . Translation of RP in local language; . Liaison with district administration for dovetailing government’s income generating and developmental programs for the DPs; . Ensure the inclusion of those DPs who may have not been covered during the census survey; . facilitate the opening of accounts in local banks to transfer assistance to DPs, and organize the disbursement of cheque for assistance in the affected area in public; . Monitor physical and financial progress on land acquisition and R&R activities; . Participate in regular meetings in GRC; and . Organize monthly meetings with the NGO to review the progress on R&R.

11.5 Non Government Organization (NGO)

149. Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R&R of the DPs. To overcome this deficiency, experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist AP in income restoration by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Taking into account the significant role of the NGO in RP implementation, it is extremely important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. The Terms of Reference for the NGO is appended as Appendix: 2

150. The roles and responsibilities of various agencies to be involved in resettlement planning process and implementation of resettlement activities are summarized in Table: 11.1.

Table 11.1: Agencies Responsible for Resettlement Implementation

Activity Agency Responsible Establishment of Resettlement Units in PMU and PMU appointment of Resettlement officer (RO) Organizing resettlement training workshop PMU Social Assessment and Preparation of land acquisition plan, PMU through Design Resettlement Plan (RP) Consultant Hiring of (Non Government Organization) NGOs PMU Public consultation and disclosure of RP PIU/ Design Consultant/NGO Co-ordination with district administration for land acquisition PIU/ Design Consultant Declaration of cut-off date PMU/PIU Review and obtaining of approval of resettlement plan form PMU ADB Submission of land acquisition proposals to District PIU Commissioner Compensation award and payment of compensation District Collector (DC)

Activity Agency Responsible Payment of replacement cost and allowance PIU Taking possession of acquired land and structures PIU from DC Handing over the acquired land to contractors for PIU construction Notify the date of commencement of construction to DPs PIU/NGO Assistance in relocation, particularly for vulnerable groups PIU/ NGO Grievance Redress GRC PIU/NGO//External monitoring Monitoring of overall RP Implementation expert

150. An organogram for the institutional arrangement is presented below in Figure: 12.1.

Figure: 12.1 Organogram for the Institutional Arrangement

EA/BSRDC

PMU Resettlement Officer

Supervision Consultant PIU Resettlement Specialist Assistant Resettlement Officer

Design Consultant Resettlement Specialist

GRC NGO DPs/APs

12.1 Capacity Building on RP in the EA

151. Close consultations were held with all the concerned departments to have an initial level of capacity assessment and capacity building exercise in the relevant agencies during the preparation of this RP. The BSRDC has already established a PMU with designated officials dealing with the land acquisition and resettlement for other projects. These officers have been working closely with the consultant team for the preparation of RP. The designated officials from BSRDC were also actively participated during the preparation of LA Plan and census survey. Capacity building training was also initiated through a series of consultations and informal orientation sessions in the local administration level especially in the local revenue offices. The concerned district collector were also informed about the project and the local revenue officials were consulted for collection of relevant land data and land holders’ details. During, the preparation of RP and especially, during the land acquisition and resettlement survey, concerned officials were informed about their role during the implementation of RP particularly during the disbursement of compensation, assistance and relocation etc.

152. To allow an effective execution of all RP related tasks some expansion of the capacity on RP currently available at EA/PMU/PIU may be needed. As soon as the project will become effective BSRDC will carry out a capacity need assessment and will define the capacity building activities and if needed the additional experts required. All concerned staff both at PMU, PIU level involved in land acquisition and resettlement activities will undergo an orientation and training in ADB resettlement policy and management. The ADB’s PPTA consultant’s resettlement specialist will organize a training workshop and provide training to the PMU/PIU staff. Broadly, the training will cover various topics such as (i) Principles and procedures of land acquisition; (ii) Public consultation and participation; (iii) Entitlements and compensation & assistance disbursement mechanisms; Grievance redress; and (iv) Monitoring of resettlement operations. These will be covered through a formal workshop by the consultant under the ongoing technical assistance program. The specific components under the training will cover the following: . Understanding of the ADB Policy Guidelines and requirements . Understanding of the policy and procedure adopted for the Project . Understanding of the Implementation Schedule activities step-by-step . Understanding of the Monitoring and reporting mechanism . Understanding of the economic rehabilitation schemes

CHAPTER 12: IMPLEMENTATION SCHEDULE

12.1 Introduction

153. Implementation of RP mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each subproject will only be awarded after all compensation and relocation has been completed for subproject and rehabilitation measures are in place.

12.2 Schedule for Project Implementation

154. The proposed subproject R&R activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases i.e. Project Preparation phase, RP Implementation phase, Monitoring period are discussed in the following paragraphs.

12.2.1 Project Preparation Phase

155. The major activities to be performed in this period include establishment of PMU and PIU at project and subproject level respectively; submission of RP for ADB approval; appointment of NGO and establishment of GRC etc. The information campaign & community consultation will be a process initiated from this stage and will go on till the end of the project.

12.2.2 RP Implementation Phase

156. After the project preparation phase the next stage is implementation of RP which includes issues like compensation of award by EA; payment of all eligible assistance; relocation of DPs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally starting civil work.

12.2.3 Monitoring and Reporting Period

157. As mentioned earlier the internal monitoring will be the responsibility of PMU, PIU and implementing NGO and will start early during the project when implementation of RP starts and will continue till the complementation of the subproject. The external monitoring report will be the responsibility of R&R expert under Construction Supervision Consultant (CSC) to be hired for the sub project.

12.3 R&R Implementation Schedule

158. A composite implementation schedule for R&R activities in the subproject including various sub tasks and time line matching with civil work schedule is prepared and presented in the form of Table: 12.1. However, the sequence may change or delays may occur due to circumstances beyond the control of the Project and accordingly the time can be adjusted for the implementation of the plan. The implementation schedule can also be structured through

package wise. The entire stretch can be divided in to various contract packages and the completion of resettlement implementation for each contract package shall be the pre condition to start of the civil work at that particular contract package.

Table: 12.1 R&R Implementation Schedule

Progress (Year/Quarter) Activity 2011 2012 2013 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Screen sub-project impact  Carry out Census  Declaration of cut-off date  Prepare Land Acquisition Plan  Prepare Resettlement Plan (RP)   Hiring of Non Governmental  Organizations (NGOs) Public consultation          Disclosure of RP  Co-ordination with district administration  for LA Obtaining approval of RP from ADB  Submission of LA proposals to DC  Payment of compensation    Taking possession of acquired land   Handing over the acquired land to   contractor Notice to Displaced Persons/ Non-  titleholders Notify the date of start of construction to  DPs Rehabilitation of DPs     Internal monitoring of overall RP      Implementation Grievance redress      External monitoring and reporting    

CHAPTER 13: MONITORING AND REPORTING

13.1 Need for Monitoring and Reporting

159. Monitoring and reporting are critical activities in involuntary resettlement management in order to ameliorate problems faced by the DPs and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs. It facilitates change and gives necessary feedback of activities and the directions on which they are going. In other words, monitoring apparatus is crucial mechanism for measuring project performance and fulfillment of the project objectives. RP implementation for the subproject will be closely monitored by the EA through the PIU and the implementing NGO and will be at the helm of all activities related to the RP implementation. Keeping in view the significance of resettlement impacts, the monitoring mechanism for this project will have both monitoring by PIU and by external expert.

13.2 Monitoring by PIU

160. One of the main roles of PIU will be to see proper and timely implementation of all activities in RP. Monitoring will be a regular activity for PIU and Resettlement Officer at this level will see the timely implementation of R&R activities. Monitoring will be carried out by the PIU and its agents, such as NGOs and will prepare monthly reports on the progress of RP Implementation. PIU will collect information from the project site and assimilate in the form of monthly report to assess the progress and results of RP implementation and adjust work program where necessary, in case of delays or any implementation problems as identified. This monitoring will form parts of regular activity and reporting on this will be extremely important in order to undertake mid-way corrective steps. The monitoring by PIU will include:

(i) administrative monitoring: daily planning, implementation, feedback and trouble shooting, individual AP database maintenance, and progress reports; (ii) socio-economic monitoring: case studies, using baseline information for comparing AP socio-economic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and (iii) Impact monitoring: Income standards restored/improved, and socioeconomic conditions of the affected persons. Monitoring reports documenting progress on resettlement implementation and RP completion reports will be provided by the PIU to PMU for review and approval from ADB.

13.3 Monitoring by External Expert

161. The EA is required to engage qualified and experienced external experts to verify the EA's monitoring information. The external experts will advise the EA on safeguard compliance issues. If any significant involuntary resettlement issues are identified, the EA is required to prepare a corrective action plan to address such issues. The external expert with prior experience in resettlement implementation and monitoring will be engaged by the EA. The main objective of this monitoring is to verify the monitoring information of the EA for the subproject and advice on safeguard issues. The external expert will determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. The key tasks during external monitoring will include:

. Review and verify the internal monitoring reports prepared by PIU; . Review of socio-economic baseline census information of pre-displaced persons; . Identification and selection of impact indicators; . Impact assessment through formal and informal surveys with the displaced persons; . Consultation with APs/DPs, officials, community leaders for preparing review report; . Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning.

162. The following should be considered as the basis for indicators in monitoring of the project:

a) socio-economic conditions of the DPs in the post-resettlement period; b) communication and reactions from DPs on entitlements, compensation, options, alternative developments and relocation timetables etc.; c) changes in housing and income levels; d) rehabilitation of informal settlers; e) valuation of property; f) grievance procedures; g) disbursement of compensation; and h) level of satisfaction of DPs in the post resettlement period.

13.4 Monitoring Indicators

163. The most crucial components/indicators to be monitored are specific contents of the activities and entitlement matrix. The RP contains indicators and benchmarks for achievement of the objectives under the resettlement program. These indicators and benchmarks are of three kinds:

. Process indicators including project inputs, expenditures, staff deployment, etc. . Output indicators indicating results in terms of numbers of affected people compensated and resettled, training held, credit disbursed, etc and . Impact indicators related to the longer-term effect of the project on people's lives.

164. Input and output indicators related to physical progress of the work will include items as following:

. training of PIU staff completed . Public meetings held . Census, assets inventories, assessments and socio-economic studies completed . NGO recruited and trained . Meetings of GRC . Grievance redress procedures in-place and functioning . Compensation payments disbursed . Relocation of DPs completed . Employment provided to DPs . Training of DPs initiated . Income restoration activities initiated . Number of families physically displaced and resettled

. Monitoring reports submitted

13.5 Reporting Requirements

165. The external expert will be responsible for overall monitoring of the subproject and the EA will forward to ADB a consolidated monitoring report semi-annually. This will also determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. Additionally, ADB will monitor projects on an ongoing basis until a project completion report is issued. All the resettlement monitoring reports will be disclosed to DPs as per procedure followed for disclosure of resettlement plans by the EA.

Appendix 1 69

Census Survey Questionnaire

A. Subproject Road Name: ...... B. Questionnaire No: …….…………. C. Name of the Village: ……..…………………… D. Name of Block: …………….…………. E. District: ………………………. F. Thana No: ……………..G. Plot No...... H. Km/Chainage. ………………..…. 1. Ownership of the Land

1. Private 2. Government 3. Religious 4. Community 5. Others 2. Type of Land

1. Irrigated 2. Non-Irrigated 3. Barren 4. Forest 5. Other………….. 3. Use of Land 1.Cultivation 2. Orchard 3. Residential 4. Commercial 5. Forestation 6. No Use/ Barren 7. Other (specify) …………………..…..

4. Affected area of the Land/Plot (in Acre): ……………...... 5. Total Area of the affected Land/Plot (in Acre): ……………...... 6. Total Land Holding of the Affected Person (in Acre) 1. Irrigated: …………………...... 2. Non-irrigated: …………………...... 3. Other: ………………………...…….. 4. Total: ...... 7. Status of Ownership

1. Titleholder 2. Customary Right 3. License from Local Authority 4. Encroacher 5. Squatter 6. Other (specify): ………………………………… 8. Type of Private Ownership

1. Individual/Single 2. Joint/Shareholders 3. Other (specify): ………… 9. Name of the Owner/Occupier (s): ………………………...... 10. Father’s Name: ...... 11. Rate of the Land (Per Acre) 1. Market Rate: ...... 2. Revenue Rate: ...... 12. Any of the following people associated with the Land A. Agricultural Laborer 1. Yes 2. No

Name (i)………………………………………… (ii) …………..…………………………….. B. Tenant/Lessee 1. Yes 2. No

Name (i)………………………………………… (ii) …………..…………………………….. C. Sharecropper 1. Yes 2. No Name (i)………………………………………… (ii) …………..……………………………..

13. Any structure in the Affected Land 1. Yes...... 2. No...... 14. Distance of the main structure from center line of the road (in mtr.)……………..……… 15. Distance of boundary wall (if any) from center line of the road (in mtr.)……………….… 16. Area of the affected structure excluding boundary wall (in Square Meter) a) Length ...... …... b) Width ...... …...... c) Height …….……………

70 Appendix 1

17. Area of the boundary wall only (in Meter): a) Length ...... b) Height …….……… 18. Area of the total structure excluding boundary wall (in Square Meter) a) Length ...... …... b) Width ...... …...... c) Height ………………… 19. Scale of Impact on structure a) 25% b) 50% c) 75% d) 100% 20. Type of Construction of the Structure 1. Temporary (buildings with mud/brick/wood made walls, thatched/tin roof) 2. Semi-Permanent (buildings, with tiled roof and normal cement floor) 3. Permanent (with RCC, Single/ Double storey building)

21. Type of Construction of the Boundary Wall (use code from Question: 20) 22. Age of the Structure (in years): …………………………. 23. Market Value of the Structure (in Rs.): …………………...... 24. Use of the Structure (select appropriate code from below) A. Residential Category 1. House 2. Hut 3. Other (specify)…………………………….……….. B. Commercial Category 4. Shops 5. Hotel 6. Small Eatery 7. Kiosk 8. Farm House 9. Petrol Pump 10. Clinic 11. STD Booth 12. Workshop 13. Vendors 14. Com. Complex 15. Industry 16. Other (specify)…………………………….…….. C. Mixed Category 18. Residential-cum-Commercial Structure D. Community Type 19. Comm. Center 20. Club 21. Trust 22. Memorials 23 Other (specify)…………………………….…….. E. Religious Structure 24. Temple 25. Church 26. Mosque 27. Gurudwara 28. Shrines 29. Sacred Grove 30. Other (specify)…………………………….……. F. Government Structure 31. Government Office 32. Hospital 33. School 34. College 35. Bus Stop 36. Other (specify)…………………………….……. G. Other Structure 37. Boundary Wall 38. Foundation 39. Cattle Shed 40. Other (specify)…………………………….……. 25. Type of Business/Profession by Head of Household: ………………………………… 26. Status of the Structure 1. Legal Titleholder 2. Customary Right 3. License from Local Authority 4. Encroacher 5. Squatter 27. Any of the following people associated with the Structure? A. Tenant in the structure 1. Yes 2. No

Name (i) ……………………………………. (ii) …………………..………………….….. (iii) …………………………………… (iv) …………….…………………….……..

B. Employee/ wage earner in commercial structure 1. Yes 2. No Name (i) ……………………………………. (ii) …………………..…………….……….. (iii) …………………………………… (iv) …………….………………….………..

Appendix 1 71

C. Employee/ wage earner in residential structure 1. Yes 2. No Name (i) ……………………………………. (ii) …………………..…………….……….. (iii) …………………………………… (iv) …………….………………………….. 28. Number of trees within the affected area 1. Fruit Bearing………….…2. Non-fruit Bearing…….………3. Total……..………… 29. Social Category of AP

1. SC 2. ST 3. OBC 4. General 5. Others (specify)…………………

30. Religious Category 1. Hindu 2. Muslim 3. Christian 4. Buddhist 5. Jain 6. Other (specify)………

31. Number of family members Male……… Female………. Total…………. 32. Number of family members with following criteria 1. Unmarried Son > 30 years…………2. Unmarried Daughter/Sister > 30 years……….. 3. Divorcee/Widow………….4. Physically/Mentally Challenged Person ………… 5. Minor Orphan……………. 33. Vulnerability Status of the Household: A. Is it a woman headed household? 1. Yes 2. No

B. Is it headed by physically/mentally challenged person? 1. Yes 2. No C. Is it a household Below Poverty Line (BPL) 1. Yes 2. No

34. Annual income of the family Rs…………………. 35. If displaced, do you have additional land to shift? 1. Yes 2. No

36. Resettlement/ Relocation Option 1. Self Relocation 2. Project Assisted Relocation 37. Compensation Option for Land loser 1. Land for land loss 2. Cash for Land loss 38. Compensation Options for Structure loser 1. Structure for structure loss 2. Cash for Structure loss 39. Income Restoration Assistance (fill codes in preferred order) 1. Employment Opportunities in Construction work

2. Assistance/ Loan from other ongoing development scheme 3. Vocational Training 4. Others (specify ...... )

72 Appendix 1

40. Details of Family Members: (fill appropriate code) Marital Sl. No Name of the Family Member Age Sex Education Occupation Status (in 1. Male 1. Married 1.Illiterate 1. Service years) 2. Female 2. Unmarried 2.Literate 2. Business

3. Widow 3. Up to middle 3. Agriculture 4.Widower 4. Below metric 4. Study 5. Others 5. Metric 5. Housewife 6. Graduate 6. Labour 7. Above 7. Unemployed 8. Professional 1

(Signature of the Supervisor) Date: ...... (Signature of the investigator)

Appendix 2 73

Terms of References (TOR) for the NGO to Implement the Resettlement Plan (RP) for SH- 88 (Baruna Bridge – Rasiyari) Subproject under Bihar State Highways-II Project – Additional Financing

1. Project Background

1. The Asian Development Bank (ADB) has agreed with national and state government of Bihar to fund the Bihar State Highways Project (BSHP) which will include upgradation and strengthening of various state highways in Bihar. SH-88 (Baruna Bridge – Rasiyari) subproject is one among several other subprojects under the BSHP.

2. The subproject (SH-88) road section starts from Darbhanga in the district of Baruna Bazar and ends at Rasiyari in the Samastipur district. Total length of this road section is 124.20 kilometers. The ROW available in the road section ranges from 6 to 25 m. Formation width where it is black topped is limited to 3.5 to 5.5 m. only.

3. The condition of the existing road is very poor. There are villages in regular interval with many squatters and encroachers living or doing business along the road. All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse impacts on people settled along the road. Based on the State Resettlement and Rehabilitation (R&R) Policy, GOI norms and ADB R&R policies, Road Construction Department (RCD), Government of Bihar has prepared Resettlement Plans (RPs) to deal with involuntary resettlement involve in the entire Project. All RPs have been prepared based on census and baseline socio-economic surveys conducted in the fields.

4. To assist in the implementation of the RP for SH-88 (Baruna Bridge – Rasiyari), RCD now invites the services of eligible NGO.

2. Objectives of the Assignment

5. The NGO shall be responsible for the following, according to the Resettlement Plan:

Educating the DPs on their rights to entitlements and obligations. To ensure that the DPs are given the full entitlements due to them, according to the entitlements in the RP. To provide support and information to DPs for income restoration. Assist the DPs in relocation and rehabilitation, including counseling, and coordination with local authorities. Assist the DPs in redressing their grievances (through the grievance redress committee set up by the subproject) Impart information to all the DPs about the functional aspects of the various set up by the project, and assist them in benefiting from such institutional mechanisms. To assist the Project Management Unit (PMU) and Project Implementation Unit (PIU) with social responsibilities of the subproject, such as compliance with labour laws, prohibition of child labour, and gender issues. To conduct awareness program for HIV/AIDs, Human Trafficking.

74 Appendix 2

To collect data and submit progress reports on a monthly and quarterly basis for BSRDC to monitor the progress of RP implementation.

3. Scope of Work

6. The NGO shall play the role of a secondary stakeholder in implementation of the RP and in mitigating adverse effects of the project. The NGO shall be responsible for the development of a comprehensive livelihood restoration system to facilitate the DPs to take advantage of the options available (as per the RP).

3.1 Administrative Responsibilities of the NGO

7. The administrative responsibilities of the NGO will include: Working in co-ordination with the Project Resettlement Officer (RO) in the PMU and Resettlement Officer in the PIU; Assist the RO in carrying out the implementation of the RP; To co-ordinate with the GRCs in implementing the RP; Assist the RO in conducting all public meetings, information campaigns at the commencement of the project and give full information to the affected community; Translate the summary RP in local language to implement actions for mitigating adverse impacts on the DPs; To assist the PIU/Engineers (Construction Supervision Consultants) to ensure that the Contracts comply with the applicable labour laws (including prohibition of child labour) and gender issues; To assist the PIU and /or the Engineers in ensuring compliance with the safety, health and hygiene norms, and the conduct HIV/AIDS and Human Trafficking awareness/prevention campaigns. Report to the RO on a monthly and quarterly basis. The report should include physical and financial progress, both in quantitative and qualitative terms. The report should prominently feature the problems and issues addressed and tackled with the DPs and the solutions found. The report should have a separate chapter on women's issues, their problems and what has been done (within the framework of the RP) to ensure their participation in decision-making as well as the options made available to them to access economic opportunities, marketing and credit. The report should clearly indicate the number of field visits made by the NGO staff and the outcome of consultations with people. Data base management of the DPs. The displaced persons will be assisted in the Income Generation Scheme training through the NGO i.e. the provision made for training will be best utilised through the active support and involvement of the NGO.

3.2 Responsibilities for Implementation of the RP

3.2.1 Identification DPs and Verification of Database from RP

NGO shall verify the information already contained in the RP and the individual losses of the DPs. They should validate the data provided in the RP and make suitable changes if required. The NGO shall establish rapport with DPs, consult and provide information to them about the respective entitlements as proposed

Appendix 2 75

under the RP, and distribute entitlement cum Identity Cards to the eligible DPs. The identity card should include a photograph of the DP, the extent of loss suffered due to the project, and the choice of the DP with regard to the mode of compensation and assistance. The NGO shall develop rapport between the DPs and the Project Authority, particularly the RO. This will be achieved through regular meetings with both the RO and the DPs. Meetings with the RO will be held at least fortnightly, and meetings with the DPs will be held monthly, during the entire duration of the assignment. All meetings and decisions taken shall be documented by the NGO. Prepare monthly action plans with targets in consultation with the RO. The NGO shall prepare a list of the project-displaced persons/families for relocation, enlisting the losses and the entitlements, after verification. It shall also prepare a list of the displaced persons (DPs) enlisting the losses and the entitlement as per the RP, after verification. Verification shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RO. The NGO shall display the list of eligible DPs in prominent public places like villages, Panchayat Offices, Block/Tehsil headquarters, and the District Headquarters. During the identification and verification of the eligible DPs, the NGO shall ensure that each of the DPs are contacted and consulted either in groups or individually. The NGO shall specially ensure consultation with women from the DP families especially women headed households. Participatory methods should be adopted in assessing the needs of the DPs, especially with regard to the vulnerable groups of DPs. The methods of contact may include village level meetings, gender participation through group’s interactions, and Individual meetings and interactions. While finalizing the entitled persons (EPs) for compensation/assistance the NGO shall make a list of entitled DPs, and distribute Identity Cards to each and every verified eligible DP.

3.2.2 Counselling the Entitled Persons

8. The counseling shall include the following activities: The NGO shall explain to the DPs the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements. The NGO shall disseminate information to the DPs on the possible consequences of the project on the communities' livelihood systems and the options available, so that they do not remain ignorant. The NGO shall prepare micro-level plans for income restoration, in consultation with the DPs. Women's perceptions are important to be incorporated in the development of these plans. NGO will monitor the involvement of child labour in the civil construction work in each package.

9. In all of these, the NGO shall consider women as a special focus group, and deal with them with care and sympathy.

76 Appendix 2

3.2.3 Disbursing the Assistance

Prepare micro plans indicating category of entitlement. Prepare micro plans for livelihood indicating alternative livelihood options, land identification, skills up grading and institutions responsible for training for eligible DPs. The NGO shall assist the project authorities in ensuring a smooth transition (during the part or full relocation of the DPs), helping the DPs to take salvaged materials and shift. In close consultation with the DPs, the NGO shall inform the RO about the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. The NGO shall assist the DPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to. The NGO shall ensure proper utilisation of the R&R budget available for each of the packages. The NGO shall ensure that the DPs have found economic investment options and are able to restore the losses of land and other productive assets. The NGO shall identify means and advise the RO to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the BSRDC on the level of transparency achieved in the project.

3.2.4 Accompanying and Representing the EPs at the Grievance Committee Meetings

The NGO shall nominate a suitable person (from the staff of the NGO) to be a member of the GRCs for the respective contract packages. The NGO shall make the DPs aware of the grievance redress committees (GRCs) The NGO shall train the DPs on the procedure to file a grievance application and to confirm that a statement of claim from the concerned DP accompanies each grievance application. The NGO shall help the DPs in filling the grievance application and also in clearing their doubts about the procedure as well as the context of the GRC award. The NGO shall record the grievance and bring it to the notice of the GRCs within seven days of receipt of the grievance from the DPs. It shall submit a draft resolution with respect to the particular grievance of the AP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC. To accompany the DPs to the GRC meeting on the decided date, help the DP to express his/her grievance in a formal manner if requested by the GRC and again inform the DPs of the decisions taken by the GRC within 3 days of receiving a decision from the GRC. (The time frame for the GRC to take a decision is 15 days).

3.2.5 Assisting the EPs and the RO to Identity and Negotiate for New Land for Resettlement

10. As part of the RP, it is proposed that a sizable number among the eligible DPs will receive alternative land (commercial) building structures. Some of the more vulnerable among the DPs will be eligible to receive these free of cost. Regarding these the NGO shall,

Appendix 2 77

Obtain the DPs choice in terms of Land identification, Site for relocation, Shifting plan and arrangements, Grant utilization plan and Community asset building plan and institutional arrangements in maintaining the assets. Assist squatters whose structures needs to be shifted to the remaining government land for continuation of earning their livelihood before construction of road starts. Assist the DPs/ RO in identifying suitable land for relocation and for agriculture, ensuring the replacement of the land lost in terms of quality and quantity. Identify suitable government land in consultation with the Revenue Department officials and assist in negotiating its transfer to the DPs/ RO at reasonable prices and motivate them to appreciate and welcome the new neighbours.

3.2.6 Assisting Eligible DPs to take advantage of the existing Government Housing and Employment Schemes

11. With regard to the above, the NGO shall, Co-ordinate (and impart wherever required) the training and capacity building of the DPs, for upgrading their skills for income restoration. This will include the training to be given by the NGO to women self-help-group members in accounting, record maintenance, skill acquisition in the chosen enterprise, and marketing, etc. Help the DPs in realizing and optimising the indigenous technology knowledge (ITK) through use of local resources. Define, evolve, and explore alternative methods of livelihood using the local skill and resources. Contact financial institutions like NABARD, DIC, and the Lead Bank of the area in accessing the credit required by the individual as well as groups of DPs and the women's groups from the DPs. The NGO shall maintain a detailed record of such facilitation, and plan for each DP to repay the loan. Establish linkages with the district administration to ensure that the DPs are benefited from the schemes available and those they are entitled to. The focus for this component of the NGO work shall be the vulnerable DPs for their income restoration. The NGO shall maintain a detailed record of such facilitation.

3.2.7 Inter-Agency Linkages for Income Restoration and other R&R Services

12. The NGO shall be responsible for establishing linkages with, Financial institutions to assist the DPs to access credit. Government departments, district administration, etc., to ensure that the DPs are included in the development schemes, as applicable; Training institutes to impart skills and management training for enterprise creation and development. NGO shall conduct training programmes for income restoration for DPs. NGO should prepare an income restoration plan.

3.2.8 Assisting the Supervision Consultant with the Project’s Social Responsibilities

13. The NGO shall assist the Engineers (Supervision Consultants) to ensure that the Contractors are abiding by the various provisions of the applicable laws, concerning the

78 Appendix 2

worker's safety, health and hygiene; women's issues and the child labour issues. The applicable laws include (A) the maternity benefit Act, 1951; (B) the contract labour (Regulation and Abolition) Act, 1948; (C) the Minimum Wagers act, 1948. (D) The Equal Remuneration Act, 1979. (E) the industrial Employment (Standing Order) Act, 1946; (F) the Child Labour (Prohibition and Regulation ) Act, 1986; (G) the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996; (H) the cess Act of 1996 and (I) the Factories Act, 1948. any divergence from the (workers welfare and remuneration, safety, health, hygiene, women's issues, and child labour issues) provisions of these laws should be brought to the notice of the supervision consultant and the RO.

14. According to these laws, there are specifications regarding the facilities/requirements at the construction camp/site, including basic health care facilities, Mother and Child Welfare units and facilities for vaccinations, day crèche facilities, etc. The NGO shall work in co-ordination of the Lady Inspector of Works or the Resident engineers of the Contractor, or any other representative of the Contractors, to ensure these facilities are provided in a satisfactory manner, and all social responsibilities of the Contract is implemented satisfactorily.

15. Coordinate with the Environmental Officer to facilitate consultation on rehabilitation of borrow areas.

3.2.9 Assisting the PMU/Supervision Consultant in HIV/AIDS Awareness/Prevention Campaigns

16. Information campaigns/advertisements in collaboration with line agencies (such as NACO, DFID, etc), including provision of signage/hoardings at suitable locations, distribution of vehicle stickers, and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes, etc.). The NGO shall assist the PMU to implement these measures, including collaboration with the line agencies.

17. The contractors are required to provide condom vending machines at the construction camps, provide for medical facilities and regular medical checkups especially for detecting/curing STD/AIDS. The NGO shall ensure, in collaboration with the Engineer that such facilities and medical checkups are provided to the workers at the construction camps.

3.2.10 Monitoring and Reporting

18. The RP includes provision for monthly internal monitoring by NGO/ RO and quarterly, mid-term, and post-project monitoring and Reporting by external agency. The NGO involved in the implementation of the RP will be required to supply all information, documents to the external monitoring and Reporting consultants. To this end, the NGO shall keep proper documentation of their work and the R&R process involved in the project, and shall be responsible for the upkeep and updating of such documents periodically and regularly. The documentation shall include photographs and videotapes of the pre-intervention and post- intervention scenario of all the properties, structures, and assets affected by the project.

3.2.11 Recommending Improvement of R&R Services

Extend all services recommended by any additional studies to be undertaken by the project, in respect to the R&R services to be provided as part of the project.

Appendix 2 79

Recommend and suggest techniques and methods for improvement of services extended by the concerned government departments and other agencies and committees in disbursement/extension of R&R services in the project. Document implementation of the R&R process and services, including difficulties faced and corresponding solutions. Discuss, with the PMU/PIU on contingency management and other improvement of R&R services, within the project period. Documenting of tasks carried out by the NGO and Reporting of the achievements of RP.

3.3 Documentation and Reporting by NGO

19. The NGO selected for the assignments shall be responsible to: Submit an inception report within three weeks; on signing up of the contract including a work plan for the whole contract period, staffing and personnel deployment plan, and a withdrawal plan at the end of the period of contract. The withdrawal plan shall be detailed and reflect how the DPs will maintain the assets created and transferred to the DPs. Prepare monthly progress reports to be submitted to the RO, with weekly progress and work charts as against the scheduled timeframe of RP implementation. Prepare and submit quarterly reports on a regular basis, to be submitted to the RO. Submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to carry out the assignment, and a summary of support/assistance given to the DPs. All other reports/documentation as described in these terms of reference. Record minutes of all meetings.

20. All progress reports shall include data on input and output indicators as required by the RO. Reporting in writing as well as photographs, videotapes etc., taken during the assignment shall be submitted in support of the reports, along with an electronic copy of the documents in a floppy or a CD. All reports should be in English only. Accounts reports both on expenditure on administration as well as training and other heads shall be submitted with the quarterly and the completion reports.

21. In addition to these above, the NGO shall prepare and submit separate descriptive reports on participatory micro-plans with full details of the Participatory Rapid Appraisal exercises conducted.

22. The NGO shall document in full detail, the consultation/counseling processes, the process of identification of the resettlement sites, and a full description of the training imparted (on facilitated) as part of the assignment. This documentation shall be submitted to the BSRDC as annual reports.

3.4 Condition of Services

23. The NGO shall ensure that the RP is implemented in an effective and proper manner. The prime responsibility of the NGO shall be to ensure that each and every eligible DP receives appropriate and due entitlement (within the Entitlement Framework) and that, at the end of the

80 Appendix 2

project R&R services, the eligible DPs have improved (or at least restored) their previous standard of living. Additionally the NGO shall help the PMU/PIU in all other matters deemed to be required to implement the RP in its spirit and entirely including activities involving some financial implications.

24. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the PMU/PIU. No information gathered or generated during and in carrying out this assignment shall be disclosed by the NGO without explicit permission of the PMU/PIU.

3.5 Timeframe for Services

25. The NGO will be contracted for a period of 12 months from the date of commencement, with a withdrawal methodology built in to the proposals from the NGO.

3.6 Data, Services and Facilities to be provided by the Client

26. The PMU/PIU will provide to the NGO the copies of the SIA report/ DPs' Census, the RP, the strip plan final design report and any other relevant reports/data prepared by the project preparation consultants. The PMU/PIU will assist the NGO in collaborating with the Supervision Consultants. All facilities required in the performance of the assignment, including office space, office stationery, transportation and accommodation for staff of the NGO, etc., shall be arranged by the NGO.

3.7 Payment Schedule:

27. The following payment milestone is proposed for making the payment to the NGO. The payment will be made subject to the submission of a certificate from the PMU/PIU/RO that the targets have been achieved in a satisfactory manner.

Sl. Payment Milestone Payment (% of No. contract Value) 1. On submission of the inception Report complete in all respects 20% 2. On completion of the identification, verification of DPs and 20% initial consultation sessions, and submission of updated data on DPs (Identification and Verification report) and review of the same by the PMU/PIU. 3. On submission and approval of the Micro Plan of DPs 20% 4. On completion of the rehabilitation process and 20% implementation of I.R. Plan 5. On submission of the Final Completion Report 20% Total 100%

28. The above remuneration includes all costs related to carrying out the services, including overhead. The service tax or any other tax component shall be reimbursed/ paid to NGO on production of documents. The insurance cost will be separate of the total project cost; the client shall be billed for this.

Appendix 2 81

3.8 Team for the Assignment

29. The NGO shall assign a team of professionals to the site. The constitution of the team and the qualification for the team members is given below:

Sl. Position No. Of Qualifications No. Positions

1. Team Leader 1 The Team Leader should be a post-graduate in sociology/social work/r, and should have experience of working in civil engineering projects. S/he should have more than 10 years experience in implementation of R&R and rural development works. S/he should have held responsible positions in previous assignments possess participatory management skills and should have good knowledge of the region and the local languages. 2. Key 1 Should be at least a graduate in social science. S/he Professionals should have at least 5 years experience in fieldwork. (A) S/he should have participated in at least one project involving R&R activities, should have participatory knowledge of land measurement, and should be conversant with land valuation methods. Knowledge of local language is a necessary qualification. S/he should have experience in livelihood analysis, developing and implementing vocational training, experience in participatory management. 3. Key 2 Should be at least a graduate in social sciences. S/he Professionals should have about 5 years of working experience of (B) which about 2 years in R&R or rural development projects. Should have sound understanding of the land acquisition process and experience in participatory management. S/he should have experience in livelihood analysis, developing and implementing vocational training, experience in participatory management. Knowledge of local language is a necessary qualification. 4. Technical Adequate Should be graduate or equivalent in social sciences support as per the with field work experiences. Knowledge of local professionals NGO language and experience of working in the region desired. 5. Other support Adequate No minimum qualification Personnel as per the NGO

30. Additionally the following conditions shall apply to the team proposed by the NGO.

The proposal should accompany a personnel deployment schedule, clearly indicating whether the deployment is home-office based or in the field. The NGO must propose at least one woman as part of the key personnel. The person-month deployment of the woman key personnel shall constitute at least

82 Appendix 2

33 % of the person-month deployment of all key professionals (including the team leader) in the assignment. At least two proposed woman key person shall be available to work at site for at least 50% of the duration. The women key persons, if selected for the contract, may be replaced during the period of contract, only with women key persons of equivalent qualifications and experience.

31. The NGO will assign a 'technical support' team to work at the site, which will consist of at least 33 % of women members. Junior support personnel and/or administrative staff will not be considered as 'technical support' professionals, as far as this condition is concerned.

Appendix 3 83

Appendix: 3

Details of Public Consultation

Sl. Date and Issues Discussed Measures Taken Name of Profession Age Sex No. Location Participants 1 Date: Villagers are well aware about Accessibility to social health and Rajesh Kumar Business 43 Male 25/03/2010 the project proposal educational infrastructure will Arobindo Kumar Business 45 Male Village: People are facing acute problem increase through all-weather road. Niraj Kumar Business 55 Male Sarangpur related to poor condition of the Generation of employment during Rajesh Mishra Business 50 Male Block: road construction phase of the road. Vivek Kumar Business 58 Male Sarangpur Majority of the businessmen are The discussion generate Nasiruddin Business 63 Male District: in favour of widening of the road considerable awareness of the Fuldeb saha Business 34 Male Darbhanga and feel that it will improve the project Bharat Prasad Business 38 Male movement of vehicles. As the proposed road shall be an Sachin Kumar Business 42 Male Loss of kiosks and other widened one, it shall provide an Rajesh Kumar Business 43 Male 2 Date: 24/3/2010 temporary structures due to the efficient public transportation Arobindo Kumar Business 45 Male project anticipated by the APs system besides ensuring Village: Raipur Niraj Kumar Business 55 Male Cash compensation against reduction in congestion level Rajesh Mishra Business 50 Male Bujurg, structure and land for land in the The non title holders shall also be Block: Vivek Kumar Business 58 Male same place are preferred by the compensated as per ADB Nasiruddin Business 63 Male Sarairanjan DPs guidelines. Fuldeb saha Business 34 Male District: The villagers assured of providing Employment in the project work Bharat Prasad Business 38 Male Darbhanga full cooperation during can reduce the livelihood loss Sachin Kumar Business 42 Male implementation There will be considerable 3 Date: 18/3/2010 People want employment reduction in the number of Rajesh Kumar Business 43 Male Village: Khajuri opportunity during road accident and level of pollution. Arobindo Kumar Business 45 Male Akthiarpur construction NGO will be employed by the Cultivation 48 Male

Block: project to help in relocation Baleswar Roy Cultivation 59 Male Sarairanjan Compensation of land will be on Bhagat Sah Cultivation 31 Male replacement cost. Ranbir Roy Cultivation 32 Male District: Satrugan Prasad Cultivation 48 Male Darbhanga Sah

Baleswar Roy Cultivation 59 Male Bhagat Sah Cultivation 31 Male Ranbir Roy Cultivation 32 Male Satrugan Prasad Cultivation 48 Male Sah 4 Date: 14/3/2010 Baleswar Roy Cultivation 59 Male Village: Bhagat Sah Cultivation 31 Male Mhuktiarpur Kanaia Shah Cultivators 46 Male Block: Dalsinga Kedar Prasad Cultivators 54 Male

84 Appendix 3

Sl. Date and Issues Discussed Measures Taken Name of Profession Age Sex No. Location Participants Sarai Baliram Prasad Cultivators 59 Male District: Mehalal Shah Cultivators 49 Male Darbhnaga Birender Pandit Cultivators 41 Male Rakesh Shah Cultivators 43 Male Biru Prasad Cultivators 48 Male 5 Date: 11/3/210 Suman Singh Cultivators 51 Male Village: Jhatadi Santosh Giri Cultivators 61 Male Block: Ujiarpur Cultivation 52 Female District: Ambika Paswan Pradhan 50 Male Darbhnaga Rajendra Paswan Cultivation 52 Male 6 Date: 12/3/210 Parameswar Ram Cultivation 48 Male Village: Jogendar Singh Cultivation 56 Male Dhamahi Parga Butta Ram Cultivation 50 Male Block: Dalshing Ratan Ram Cultivation 49 Male Sarai District: Anil Sah Cultivation 45 Male Darbhanga 7 Date: 12/3/210 Kundhan Sah Cultivation 42 Male Village: Harihar Sah Cultivation 36 Male Dalsingh Sarai Dinesh Singh Business 28 Male Block: Dalsingh Jaynarayan Sah Business 34 Male Sarai District: Binod Mishra Business 41 Male Darbhanga Magendar Sah Business 52 Male 8 Date: 12/3/210 Krishnandan Thakur Service 45 Male Village: Nazimuddin Service 59 Male Alampur Ahamed Block: Devendra Prasad Service 42 Bibhutipur Darmendar Barman Business 28 Male District: Jaynarayan Sah Business 34 Male Darbhanga Binod Mishra Business 41 Male 9 Date: 13/3/210 Village: Sachin Kumar Business 42 Male Dhudpura Rajesh Kumar Business 43 Male Block: Arobindo Kumar Business 45 Male

Appendix 2 85

Sl. Date and Issues Discussed Measures Taken Name of Profession Age Sex No. Location Participants Hasanpur Niraj Kumar Business 55 Male District: Darbhanga 10 Date: 14/3/210 Rajesh Mishra Business 50 Male Village: Vivek Kumar Business 58 Male Kalyanpur) Nasiruddin Business 63 Male Block: Mukesh Kr. Business 31 Male Bibhutipur District: Yadav Darbhanga Nalya Kushar Agriculture 55 Male Sahani Labour 11 Date: 21/3/210 B. K. Sarda Business 35 Male Village: Singhia Prosad Singh Ghat Tirtharoy Panda Cultivators 58 Male Block: Rajesh Ojha Cultivators 37 Male Bibhutipur Babar Khan Business 34 Male District: Darbhanga Mondal Ji Business 41 Male Nalya Kushar Agriculture 55 Male Sahani Labour 12 Date:22/3/210 B. K. Sarda Business 35 Male Village: Behra Prosad Singh Block: Benipur Tirtharoy Panda Cultivators 58 Male District: Rajesh Ojha Cultivators 37 Male Samastipur Mukesh Kr. Business 31 Male Yadav Nalya Kushar Agriculture 55 Male Sahani Labour 13 Date: 24/3/210 B. K. Sarda Business 35 Male Village: Prosad Singh Hardwar Sachin Kumar Business 42 Male Block: Rajesh Kumar Business 43 Male Ghanashyam Arobindo Kumar Business 45 Male District: Samastipur Niraj Kumar Business 55 Male 14 Date: 16/3/210 Rajesh Mishra Business 50 Male Village: Vivek Kumar Business 58 Male Ghanashyampur Nasiruddin Business 63 Male

86 Appendix 3

Sl. Date and Issues Discussed Measures Taken Name of Profession Age Sex No. Location Participants Block: Jaynarayan Sah Business 34 Male Ghanashyampur Binod Mishra Business 41 Male District: Samastipur 15 Date: 17/3/210 Magendar Sah Business 52 Male Village: Pali Krishnandan Thakur Service 45 Male Block: Nazimuddin Service 59 Male Ghayanshyamp Ahamed ur Devendra Prasad Service 42 District: Darmendar Barman Business 28 Male Samastipur Jaynarayan Sah Business 34 Male Binod Mishra Business 41 Male