Indigenous Peoples)

Due Diligence Report – Social Safeguards (Indigenous Peoples)

Document stage: Updated Project Number: 42486-016 December 2018

IND: Madhya Pradesh Urban Services Improvement Project – Subproject Group Water Supply Scheme towns Katangi, Bhedaghat, Majholi, Panagar, Patan & Sihora under District Jabalpur and Tendukheda under District Damoh (Phase I)

Package No: MPUSIP- 5B

Prepared by Urban Development and Environment Department, Bhopal Government of Madhya Pradesh for the Asian Development Bank.

This updated social safeguards due diligence report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, management, or staff, and may be preliminary in nature. Your attention is directed to the ‘terms of use’ section on ADB’s website.

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.

CURRENCY EQUIVALENTS (as of 12 December 2018)

Currency unit = Rupee (INR) INR 1.00 = USD 0.014 USD 1.00 = INR 70.14

ABBREVIATIONS

ADB - Asian Development Bank BPL - Below Poverty Line GOI - Government of India GOMP - Government of Madhya Pradesh MPUDC - Madhya Pradesh Urban Development Company OHT - Over Head Tank O&M - Operation and maintenance PAP - Program action plan PIU - Project Implementation Unit PMC - Program Monitoring Consultant PMU - Program Management Unit R&R - Resettlement and Rehabilitation The Right to Fair Compensation and Transparency in Land Acquisition, RFCTLARR - Rehabilitation and Resettlement Act, 2013 ROW - right-of-way RWA - Resident Welfare Associations SPS - Safeguard Policy Statement UADD - Urban Administration and Development Directorate UDED - Urban Development and Environment Department ULBs - Urban Local Bodies WRD - Water Resource Department WTP - Water Treatment Plant WSS - Water Supply Scheme

CONTENTS Page I. INTRODUCTION 1 A. Project Description 1 B. Distribution of Scheduled Tribes in Madhya Pradesh in Relation to India 2 C. Indigenous People Policy and Planning Framework (IPPF) 2 D. Due Diligence Report 2 II. PROPOSED SUBPROJECT COMPONENTS 3 III. PRELIMINARY SCREENING 3 IV. CATEGORIZATION 8 V. MEASURES FOR INCLUSION AND PARTICIPATION 8 VI. GRIEVANCE REDRESS MECHANISM 9 A. Introduction 9 B. Structure of GRM and its Functions 9 C. Process of Grievance Redressal by GRC 10 VII. MONITORING 12 VIII. INSTITUTIONAL ARRANGEMENTS 13 IX. CONCLUSIONS 14 A. Summary and Conclusions 14 B. Next Steps 15

TABLE Table 1: Percentage of Scheduled Tribes and Scheduled Tribes population of subproject towns ...... 4 Table 2: Detail of the Ward wise Population of subproject towns ...... 6 Table 3: Monitoring Indicators ...... 12 Table 4:Budgetary Provision ...... 14

APPENDIX Appendix 1: List of Tribal Communities in State of Madhya Pradesh as Provided by Tribal Welfare Department, Government of Madhya Pradesh ...... 16 Appendix 2: List of Schedule Areas in Madhya Pradesh as Specified by the Scheduled Areas under the fifth Schedule of Indian Constitutions ...... 18 Appendix 3: Photograph of Consultation and List of Participants ...... 19 Appendix 4: Summary of Consultation with Scheduled Caste and Scheduled Tribes Households of Subproject Towns ...... 31 Appendix 5: Screening Checklist for Indigenous Peoples Impact ...... 34

FIGURE Figure 1: Structure and Process of GRM under MPUSIP ... Error! Bookmark not defined.

I. INTRODUCTION

A. Project Description

1. Government of Madhya Pradesh (GOMP) with a sector project loan funding from Asian Development Bank (ADB) has proposed to implement Madhya Pradesh Urban Services Improvement Project (MPUSIP), herein after referred as ‘the Project’. Madhya Pradesh Urban Development Company Limited (MPUDC) shall be the Implementing Agency and the State Urban Development and Housing Department (UDHD) shall be the executing agency for the Project. A project management unit (PMU) created under MPUDC is implementing MPUSIP. The Project intends to ensure:

a) Continuous, pressurized, safe and sustainable drinking water through private household metered connections in 128 towns; b) Sewage and storm water collection and treatment systems are proposed in 12 identified towns including national heritage towns Sanchi and Khajuraho and Rajnagar; and c) Project also includes component of non-physical investment (GIS, MIS, M&E and Social Safeguards) for system strengthening.

2. Madhya Pradesh Urban Services Improvement Program (MPUSIP) is funded by Asian Development Bank (ADB), envisages provision of sustainable water services to 128 towns in the State and provision of sewerage and storm water management services is proposed in a few towns where water supply interventions are also proposed. MPUSIP will be implemented under two loan tranches.

3. Coverage: As per revised procurement plan, MPUSIP’s physical components include:

Tranche 1: (a) improvements to water supply scheme in 69 subproject towns, and (b) sewage collection and treatment services proposed in four (4) identified towns namely Saikheda, Sanawad, Anjad and Badwaha.

Tranche 2: (a) water supply scheme in 59 subproject towns and sewage collection and (b) treatment services proposed in eight towns namely Sanchi, Dhamnod, Nagda, Mandsaur, Jabalpur (part-II), Maihar, Kahjuraho and Rajnagar. The project also includes an institutional strengthening component and a project management and administrative support component.

4. The objective of the proposed improvements in subproject town is to achieve safe and sustainable water services both in terms of services to customers, cost recovery and conservation of precious water resources. The project proposals envisage providing 100% coverage of population with continuous, pressurized and safe drinking water services and achieving progressively increasing cost recovery by expanding the coverage and increasing operating efficiency. The main objectives of the project are as follows:

• Supplying pure drinking water. • Promote sustainable measures to increase potable water supply to the population. • Water supply through future sustainable source developments. • Water supply through improvements of safe yield of existing water sources. • Water supply through improvements to water treatment works. • Drinking water supply contributes towards a sustainable regional development.

• To improve the current state of the water cycle of subproject through improvements in the separate components of the water supply system in investment program

B. Distribution of Scheduled Tribes in Madhya Pradesh in Relation to India

5. The state of Madhya Pradesh accounts for highest proportion of scheduled tribe population in India. Tribal’s constitute 8.61 percent of the total population of the country, with a total population of 104.28 million (Census 2011). In comparison to the national figure, Madhya Pradesh has 14.7% of its populations classified as Scheduled Tribes.

6. The tribal population of Madhya Pradesh increased to 15,316,784 in 2011 from 12,233,474 in 2001. The decadal growth rate during this period is 25.20 percent. The total population in 128 towns (2,697,091) 17.85 percent (481,700) belongs to Schedule Caste category and 6.19 percent (167,066) is Schedule Tribe. In Madhya Pradesh 46 tribal communities reside. Appendix 1 provides the list of tribal communities in the state of Madhya Pradesh as provided by Tribal Welfare Department, Government of Madhya Pradesh.

7. The percentage of scheduled tribes population in the rural areas (11.3%) much higher that urban population (2.8 percent). In Madhya Pradesh certain areas have been declared as scheduled area as Specified by the Scheduled Areas under the fifth schedule of Indian Constitutions.1 List of scheduled areas in the state Madhya Pradesh is provided in Appendix 2.

C. Indigenous People Policy and Planning Framework (IPPF)

8. ADB’s Indigenous Peoples Policy uses the following characteristics to define indigenous peoples: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region.

9. The Indigenous Peoples Planning Framework (IPPF) for MPUSIP has been developed to manage and mitigate possible impacts to the indigenous people in the project area. The IPPF sets out the policy, principles, and implementation mechanisms to address such impacts according to ADB’s Safeguards Policy Statement (SPS)-2009 requirement no. 3 on indigenous people. The framework is addressed the developmental needs of indigenous people as a distinct community through a process of sustainable development.

D. Due Diligence Report

10. This indigenous people screening due diligence report (DDR) is prepared in accordance with the agreed IPPF of Project and the ADB Safeguard Policy Statement (SPS) 2009 for the proposed subproject of group water supply scheme for seven towns namely Katangi, Bhedaghat, Majholi, Panagar, Patan & Sihora under District Jabalpur and Tendukheda under District Damoh of state Madhya Pradesh (MP), to screen subproject impacts on tribal people in detail so that an appropriate planning document can be prepared.

11. This draft indigenous people due diligence report (DDR) is updated and reconfirmed for final impacts on indigenous people after completion of detailed design and detailed

1 Scheduled areas are autonomous areas within a state, administered federally, usually populated by a predominant Scheduled Tribe.

3 measurement surveys (DMS) was conducted jointly by Design Build and Operate (DBO) Contractor namely The Indian Hume Pipe Company Limited, Bhopal jointly with safeguard personnel of PMU (PIU) field engineer and sub engineer of PMC (PIU) and PMU (PIU) respectively before initiation of civil works.

12. This Indigenous People due diligence report is reviewed by PMU and ADB and upon clearance, disclosed on website of urban local body (ULB), implementing agency and ADB.

II. PROPOSED SUBPROJECT COMPONENTS

13. The group water supply scheme for seven towns include: (i) Identification of source (Narmada river), (ii) Construction of Intake well cum pump house, (iii) Construction of common water treatment plant (WTP), (iv) Construction of separate storage facility as required for each town, (v) Laying of transmission line & distribution network and House Service Connections (vi) program of water demand management, (vii) detailed designs, drawings, cost estimation and work plan for implementation of works, (viii) operation and maintenance plan inclusive of manpower, material, energy requirement and its cost.

III. PRELIMINARY SCREENING

14. The preliminary screening of scheduled tribe and scheduled caste communities in the vicinity of the proposed sub-project area has been done. Respective ULBs have arranged meetings with scheduled tribe and scheduled caste communities to provide information regarding the proposed group WSS. During these meetings, community leaders and other participants are given an opportunity to present their views and concerns. An initial screening is done on the basis of following checklists:

• Presence and names of tribal community groups in the subproject towns/area; • Cultural and religious distinction of the tribal groups vis-à-vis other communities, and mainstreaming of the tribes with the dominant population; • Laws and legislations related to tribal groups; • Total number of tribal community groups and percentage of tribal population to total population in the area; • Number and percentage of tribal households likely to be affected by the subproject components; and • Initial assessment also includes level of vulnerability of the Scheduled Tribes, such as being a (primitive) tribal group (PTG) and existing socio-economic conditions that may further deteriorate due to project impact. If such especially vulnerable groups among the Scheduled Tribes community are identified within the subproject area, they warrant special measures for protecting their socio- cultural identity and baseline economic standard. While determining vulnerability of these Scheduled Tribes groups, assessment will be made if there is any possibility of future impact due to the subproject.

15. The indigenous peoples screening and assessment was done on the basis of ADB’s Indigenous Peoples Screening Checklist. The subproject area does not fall under the classification “scheduled area” where provisions of Fifth Schedule as per Constitution of India are applicable (refer to Appendix 2).2

2 In the state of Madhya Pradesh, the following laws related to scheduled tribes are applicable: (a) Sec 165 & 170 of Madhya Pradesh Land Revenue Code, 1959. (b) Madhya Pradesh Land Distribution Regulation Act, 1964. Sections 165 and 170B of the Code protect scheduled tribes against land alienation. The 1964 Act is in force in scheduled areas of Madhya Pradesh.

16. This is group water supply scheme of seven subproject towns namely Katangi, Bhedaghat, Majholi, Panagar, Patan, Sihora and Tendukheda. As per Census of India-2011, scheduled tribes population and scheduled caste population with respect to total population of the subproject towns are as follows:

Table 1: Percentage of Scheduled Tribes and Scheduled Tribes population of group WSS subproject Population Katangi Bhedaghat Majholi Panagar Patan Sihora Tendukheda Total Total 19040 6657 13210 27932 14624 44048 14399 139910 population Scheduled 2208 903 2072 3595 2197 5503 1833 18311 caste Scheduled 1129 1174 762 243 938 5709 795 10750 tribe % 11.60 13.56 15.69 12.87 15.02 12.49 12.73 13.09 (Scheduled Caste) % 5.93 17.64 5.77 0.87 6.41 12.96 5.52 7.68 (Scheduled Tribes) Source: Census of India-2011

17. As per data depicted in Table 1, combined Scheduled Caste and Scheduled Tribes population in subproject towns are about 20.77% while Scheduled Tribes population is reported quite less (7.68%). These Scheduled Tribes households are spread across all the wards in subproject towns, refer to Table No. 2 and as pointed out during community consultations. Community Development Officer (CDO) of PIU-Jabalpur along with safeguard team of PMC (PIU)-Jabalpur & DBO Contractor has visited some wards, met elected representatives (locally called ward parshad) and organized consultations with Scheduled Caste & Scheduled Tribe households to understand their concerns and perspectives about proposed subproject water supply. All have welcomed the water supply subproject for subproject town, for more details please refer to Appendix 3 and 4.

18. The results of the preliminary screening show that scheduled tribe households residing in the sub-project area belong to the Kol tribes mainly while few other tribes Gond and Bhumia are also reported in the subproject towns. Out of these tribal groups, majority of Kol tribes are reported in the subproject town Panagar, Majholi and Sihora while Gond tribes are in majority in Katangi, Tendukheda and Patan towns. Bhumiya tribes are reported in Bhedaghat only. These tribe groups are mainly engaged in agricultural labor and other labor works. During discussion, they revealed that all have been residing in the town for a very long time. Few scheduled tribes are reported in government jobs like forest department, police, nagar parishad, ordinance factory, etc. Rapid assessments through community consultations, transect walks and other secondary data did not indicate the presence of specific backward tribes or primitive scheduled tribes in these subproject town.3 These scheduled tribe households are not residing in isolated pockets nor adversely affected by proposed subproject components. The land required for proposed components is government owned which is totally encumbrance free and does not belong or was ever part of tribal community or traditionally owned land.

19. Although scheduled tribe’s households in the town have their own language locally called Koli adivasi bhasha, they also speak the same language as the majority of the population and mainly follow Hinduism. They do not have any traditional rights and/or access to land resources nor follow any distinct cultural practices.

3 Three tribes of MP namely Baiga, Bahariya and Sahariya have been declared specific backward tribe by the government of India (GoI).

20. An indigenous peoples screening and impact assessment was undertaken on the basis of ADB’s screening checklist. The results of the screening shows that few scheduled tribe households are residing in the sub-project area but they are not likely to be adversely affected by the subproject components during implementation. For their safeguards, social impact assessment (SIA) is also conducted to capture their issues and development opportunities that exist in the subproject towns/area during planning and implementation phase. The checklist for screening of indigenous peoples in the subproject is presented in Appendix 5.

Table 2: Detail of the Ward wise Population of group WSS subproject

Katangi Bhedaghat Majholi Panagar Patan Sihora Tendukheda

Ward Total Schedul Schedul Tot Schedul Schedul Total Schedul Schedul Total Schedul Schedul Total Schedul Schedul Total Schedul Schedul Tot Schedul Schedul pop. ed ed al ed ed pop. ed ed pop. ed ed pop. ed ed pop. ed ed al ed ed Caste Tribes pop Caste Tribes Caste Tribes Caste Tribes Caste Tribes Caste Tribes pop Caste Tribes Populati Populati . Populati Populati Populati Populati Populati Populati Populati Populati Populati Populati . Populati Populati on on on on on on on on on on on on on on

143 1904 665 1321 2793 1462 4404 Total 2208 1129 903 1174 2072 762 3595 2433 2197 938 5503 5709 9 1833 795 0 7 0 2 4 8 9 WAR 1815 385 646 447 37 88 827 25 11 1887 146 329 1024 13 65 2740 817 570 861 5 0 D.- 01 WAR 1338 72 202 378 2 81 590 6 1 2293 459 321 1237 125 210 2065 168 73 561 27 18 D.- 02 WAR 1501 198 21 535 58 236 753 5 6 1767 244 336 817 98 39 3010 502 200 679 7 15 D.- 03 WAR 1421 155 49 559 219 38 759 0 9 2240 219 63 992 620 55 2493 103 49 550 37 14 D.- 04 WAR 1034 48 41 322 60 67 886 491 0 2287 576 21 940 143 45 2394 7 17 989 333 192 D.-05 WAR 1403 393 24 489 19 267 653 59 29 1761 486 36 898 57 25 2115 33 13 792 183 32 D. WAR D.- 06 802 0 0 466 22 70 836 171 46 1710 95 53 826 34 82 2340 439 508 840 39 45 - 07 WAR 210 1095 0 0 399 230 27 909 87 130 1360 135 14 777 19 46 1943 170 0 230 172 D.- 08 4 WAR 194 1484 153 11 362 17 48 814 41 11 1203 0 0 1026 159 60 2755 598 1375 401 136 D.- 09 8 WAR 1015 4 0 358 48 0 626 0 0 1846 247 331 1031 227 23 2233 228 86 951 82 67 D.- 10 WAR 138 1413 149 0 457 100 17 775 125 0 1879 250 57 982 15 82 2675 172 96 172 52 D.- 11 2 WAR 1035 84 4 510 5 15 1158 124 47 1720 378 517 1055 174 48 1798 45 82 934 84 42 D.-12 WAR 1549 254 31 494 48 56 1363 406 203 1604 40 48 668 122 0 2100 192 178 587 132 0 D.- 13

Katangi Bhedaghat Majholi Panagar Patan Sihora Tendukheda

WAR 1046 996 49 28 473 29 132 1106 206 51 2026 25 44 802 80 64 2766 792 525 70 10 D. 14 WAR 1139 264 72 408 9 32 1155 326 218 2349 295 263 1549 311 94 1918 26 378 696 31 0 D -15 WAR 2256 190 134 D -16 WAR 3407 592 514 D -17 WAR 3040 429 390 D -18

Figure 1: Screening flow chart:

Subproject Social Safeguard Based on findings of screening, components Personnel (DPR requiring IPP for category has been Consultant/PMU/PMC finalized and Indigenous Peoples and DBO Contractor in project area accordingly conduct screening) Indigenous Peoples DDR is prepared.

IV. CATEGORIZATION

21. No private land acquisition is envisaged and involuntary resettlement impacts are not reported. The proposed water supply subproject has been assessed and categorized using the prescribed ADB Indigenous Peoples Screening Checklist (refer to Appendix 5).

22. Based on the screening and assessment, the subproject area does not fall under the classification “scheduled area” where provisions of Fifth Schedule as per Constitution of India are applicable and scheduled tribe population in the town does not conform to ADB SPS definition of indigenous peoples. The proposed subproject group water supply scheme of towns Katangi, Bhedaghat, Majholi, Panagar, Patan, Sihora and Tendukheda is therefore classified as category C for Indigenous people impact.

V. MEASURES FOR INCLUSION AND PARTICIPATION

23. The subproject is anticipated to have positive impacts on the total population in its coverage area including scheduled tribe and scheduled caste and other poor and vulnerable groups living in the town. The impacts on vulnerable households are potentially positive and measures are being undertaken to ensure that benefits are equally shared. Since the subproject is category C, for indigenous peoples impacts, measures for inclusion in project benefits are proposed for all vulnerable groups/persons including scheduled tribes, scheduled castes, below poverty line, women-headed households, persons with disability, transgenders, etc.

24. Potential benefits to scheduled tribes community: In the proposed subproject water supply, 100% household connections are proposed in the subproject area, so all scheduled tribe, scheduled caste, poor and vulnerable households will benefit equally as the rest of the population.

25. Following strategies are being adopted to ensure the tribal people’s participation in the proposed group WSS subproject:

• Consultations and information disclosure are an integral part of IPP preparation in order to ensure that the priorities, preferences, and needs of the tribal groups have been taken into consideration adequately. With that objective in view, consultation with tribal communities and their leaders are conducted in a participatory manner. The MPUDC (PMU & PIU both) and ULBs representatives are part of strategies and consultation process.

• Scheduled Tribes and scheduled caste population are actively engaged in all stages of the project cycle, including project preparation, and feedback of consultations are reflected in the project design, followed by disclosure. Their participation in project planning had helped out in project design and are convinced of their benefits from the project. The awareness material prepared and being translated into the Hindi language of the Scheduled Tribes and made available to them during implementation. • Local community based organizations (CBOs) / tribal community representatives are involved in IPP implementation and resolving all issues related to the scheduled tribes through consultation and facilitation by the PIU/ULB and PMU. The PMU/ULB has ensured adequate flow of funds for consultation and facilitation of planned activities within scheduled tribes community. • One project information disclosure (PID) brochure has been prepared, translated into a Hindi language understandable to the tribal people, and displayed at ULB office.

26. This updated (draft) Indigenous Peoples DDR is prepared in consultation with key stakeholders mainly elected representatives locally called ward councilors, scheduled caste & scheduled tribes families residing in subproject towns, Chairman of respective Nagar Parishads and chief municipal officer (CMO) of the subproject towns. Formal and informal consultations were conducted to seek feedback from the local community and other key stakeholders of municipalities on the proposed development interventions, perceived impacts and mitigation measures, and the need for continuous monitoring to avoid any adverse impact on scheduled tribe community and ensure their inclusion in project benefits. Consultations revealed that schedule tribe population are aware of the problems and issues of the existing water supply system in the subproject town and have shown their willingness to cooperate with the proposed subproject. Summary of the consultations along with photographs and list of participants is attached as Appendix 3 and 4.

VI. GRIEVANCE REDRESS MECHANISM

A. Introduction

27. Grievance Redress Mechanism (GRM) is a part of project management that is likely to increase accountability and responsiveness among service providers and provide a friendly environment to the beneficiaries of the project. GRM aims to address complaints of local affected people because of project interventions in the selected towns under MPUSIP during the project period. A project-specific grievance redress mechanism (GRM) has been established to receive, evaluate, and facilitate the resolution of Affected People’s concerns, complaints, and grievances about the social and environmental performance at the level of the project.

B. Structure of GRM and its Functions

28. The GRM will have a three- tier decision making process. The first tier which is at the town level, aims to resolve all construction related grievances which require quick and efficient action. The second tier which is at the project implementation unit (PIU) level, will handle complaints that could not be resolved by the first- tier and/or grievances related to land acquisition and compensation. The third tier which is at the project management unit (PMU) or state level will handle complaints which could not be resolved by the first and second tiers.

C. Process of Grievance Redressal by GRC

29. The affected person or his representative can submit their grievance verbally (with registration number) or in written format to the GRC nodal person of contractor or the CDO- ULB or any other GRC member. The eligibility of grievance will be decided by the chairperson of GRC. Inconveniences caused by minor construction related issues shall be referred to the site engineer to resolve immediately or within 24 hours such as restoration of road, obstruction in accessing house/shop or any place due to dumping of construction materials, dust etc. CDO ULB will inform complainant on the decision taken by GRC to address registered complaint and expected time to resolve issue. If the complaint is not resolved within 3 days, the CDO ULB or affected person can forward the complaint to 2nd tire GRC (PIU level).

30. A local grievance redress committee (GRC) is established in all subprojects. The GRC at the town level will keep a record of written and verbal complaints including date of the GRC meeting, number and types of grievances received, name of the complainant and time taken for redressal of the grievance. Grievances that cannot be resolved at this level and in cases where the complainant is not satisfied with the decision will be referred to the second level GRC at the PIU level.

31. At PIU level, the complaints will be registered by CDO-PIU . The eligibility of the complaint will be decided by GRC Chairperson. Grievance Redress Committee meetings will discuss grievances and draw conclusion from discussions and make recommendations. The registered grievance should be resolved within 30 days or the grievance should be forwarded to PMU level GRC if it remains unresolved.

32. The communities were informed that efforts to resolve the complaints through the GRC and other ADB operations department fail, the affected people may submit their complaints to ADB’s Accountability Mechanism. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism.

33. The structure and process of GRM is presented in Figure 2 for detailed understanding

Figure 2: Structure and Process of GRM

Step 8: Appeal to the State Step 1: Receiving Grievances / Complaints Level GRC and its Registration at town level (24 hours)

Step 2: Review of Grievances, Sorting,

Information and Forwarding (1 Day)

Closure Closure

: :

Step 7 of theComplaint

Grievance Redress

Mechanism

: Eligibility and and : Eligibility

(3Days)

Step 3

Monitoring and

Preparation forPreparation Meeting GRC

: :

Reporting(Monthly)

Step 6

Step 5: Implementation of Action Step 4: Assessment of the Grievance, (30 Days) Meeting and Plan of Action (7 Days)

VII. MONITORING

34. The project is classified as Category C for indigenous peoples impact. However, as per policy adopted by the PMU of MPUSIP, monitoring indicators suggested for inclusion of scheduled tribe, scheduled caste and other vulnerable persons in the project benefits and to track the positive impact on such populations of the different wards in towns. Following activities are suggested and indicators are being monitored for inclusion:

• Regular consultation with male and female scheduled tribe, scheduled caste, poor and vulnerable groups during subproject implementation • Registration of scheduled tribe, scheduled caste, poor and vulnerable persons who wish to avail skill training for work like construction work, plumbing, electrification, pump operation, mason, operation and maintenance work needs to be done and linked with income generation activities. Minimum of two vulnerable persons (one male and one female) per ward will be targeted by the concerned contractor for on- the-job skill training. Certification of such training shall be provided by MPUSIP. • Number of water supply household connection in each phase of the project in relation to total household connection. • Number of scheduled tribe, scheduled caste, poor and vulnerable (male/female) employed by the contractor during construction work. • Number of scheduled tribe, scheduled caste, poor and vulnerable (male/female) employed by the contractor /urban local body during operation phase.

35. Minutes of meeting and photographs during consultations with scheduled caste and scheduled tribe, poor and vulnerable groups, as well as labor employment registers with sex- disaggregated information must be maintained by the contractor and urban local body. Contractors, ULB and PIU staff will be given sensitization training to ensure the social inclusion of indigenous people is achieved. The following indicators for inclusion shall be monitored during the project implementation period and until project completion report preparation, and reported in the Semi- annual Social Monitoring Reports.

Table 3: Monitoring Indicators S. No Activities Suggested Indicators for inclusion 1 Consultation with scheduled tribe/scheduled Number and percentage of Scheduled Caste/ caste/poor and vulnerable households Scheduled Tribe/Poor/Vulnerable (specify throughout the implementation phase vulnerability) persons participated (Male/Female) 2. Skill training programs for project related Number of scheduled tribe, scheduled caste, poor jobs/other work and vulnerable (specify vulnerability) persons (M/F) provided certified training for project related jobs/other works 3 Individual/House connections *Number of connections given to scheduled tribe, scheduled caste, poor and vulnerable households (male headed/female headed), in relation to total households connected 4. Employment Generation in project Number of scheduled tribe, scheduled caste, poor construction related work and vulnerable employed (M/F)

S. No Activities Suggested Indicators for inclusion 5. Employment generation in O/M Number of scheduled tribe, scheduled caste, poor and vulnerable employed in project operation related work by contractor(M/F) * As there is no record of number of Scheduled Caste/ Scheduled Tribe households having existing water connection. It is being ensured that 100% scheduled tribes/scheduled caste HHs will have individual water connections.

VIII. INSTITUTIONAL ARRANGEMENTS

36. Project Management Unit: PMU has been staffed with two safeguard specialists: (i) Project Officer (Safeguard) & (ii) Social and Gender Officer and receive support from environmental and social safeguard specialists from Project Management Consultant (PMC) team. Both have overall responsibility in implementation of the Resettlement Framework, including appropriate monitoring and reporting responsibilities. PO (SSG) is supported by Gender Expert of PMC.

37. Project Implementation Units. PIUs is being headed by a Project Manager and supported by PIU (PMC). Social Safeguard Expert-Resettlement of PMC assists PIU in implementation of social safeguard related tasks. At each PIU, the Assistant Project Manager will be given additional responsibilities of safeguard tasks and will be designated as Assistant Safeguard Officer (ASO), supported by community development officer (CDO). PIU team will be assisted by resettlement coordinator and communication assistant of PIU (PMC) in implementation/updating of resettlement plan/indigenous peoples plan/due diligence report, meaningful consultation, disclosure, establishing broad community consent, identification of appropriate impact avoidance and mitigation measures, assessment of entitlement and computation of compensation other than those covered under RFCTLARRA, etc. The ASO assists PMU in implementation of the key tasks at PIU level.

38. The PMC Resettlement Specialist assists the PO (SSG) in training, social safeguard supervision, monitoring, record keeping and report preparation activities.

39. Civil works contracts and contractors. RPs/IPPs/DDRs are included in bidding and contract documents and verified by the PIUs and PMU. DBO contractor is required to designate an Environment, Health and Safety (EHS) supervisor to ensure implementation of EMP/ RP/EM/DDR social safeguard provisions in the RF and IPPF during civil works, which also have the responsibility for communication with the public under the guidance of PMU/PIU and grievance registration. Contractor is carry out all mitigation and monitoring measures outlined in contract. As the contract is procured through build-operate framework, contractor is also be responsible for operation phase safeguard implementation during a 10-year of O&M period, after which it will be responsibility of the respective ULBs to takeover and implement the O&M.

40. The PMU and PIU ensure that bidding and contract documents include specific provisions requiring contractors to comply with: (i) all applicable labor laws and core labor standards on (a) prohibition of child labor as defined in national legislation for construction and maintenance activities; (b) equal pay for equal work of equal value regardless of gender, ethnicity, or caste; and (c) elimination of forced labor; and with (ii) the requirement to disseminate information on sexually transmitted diseases, including HIV/AIDS, to employees and local communities surrounding the project sites. The bid documents will also include specific provision regarding inclusion and participation of indigenous peoples and vulnerable persons (disabled, elderly-headed and female- headed households, scheduled caste households, below poverty line households) in project

14 benefits, by requiring the contractor to ensure 100% connections to such households and according priority in employing such persons in project-related construction and operation and maintenance work, and maintaining a sex-disaggregated record of persons benefited.

IX. CONCLUSIONS

A. Summary and Conclusions

41. No impacts are anticipated on schedule tribe and scheduled caste households residing in subproject towns as ample vacant land is available for the proposed subproject facilities, within the compound of the government land. No involuntary resettlement impacts are anticipated due to the subproject.

42. The sites for proposed subproject facilities of group WSS is owned by government of Madhya Pradesh and transfer of land is in process. In this regard, each ULB has already sent proposal to concerned District Collector, allotment has been granted and transfer of the proposed land in the name of ULB is in process. No Objection Certificate (NoC) from water resource department (WRD) and irrigation department has been obtained to abstract water from the Source and canal crossing while for other department like NHAI, MPRDC and PWD etc. it is in process. Therefore, no Involuntary Resettlement (IR) or income loss of Indigenous People is anticipated in subproject WSS. For linear components (pipe lying) or those proposed along government road RoWs, temporary disruption to road users, pedestrians and commercial vendors will be avoided.

43. It is ensured that schedule tribes and vulnerable households are included in project benefits (a) 100% individual household connection for all households in project coverage area, including scheduled tribe/scheduled caste/poor, women-headed and other vulnerable households are ensured under the project, (b) (b) skill training for at least 2 vulnerable persons per ward (one male and one female) is being taken up by the contractor; and (c) the contract includes a provision related to preferential employment of local scheduled caste/scheduled tribe population and women / vulnerable persons available for work, in construction-related work and work related to O&M of project facilities. The contractor maintains records of such employment, which is being monitored by the PMU.

44. Safety measures are taken during construction time (especially in the most congested zones of towns), to avoid injuries to workers and the general public. Inconveniences to the public are mitigated during construction by the contractor through simple measures such as provision of planks for pedestrian access to shops with effective traffic management.

45. A budgetary provision is made for costs likely to be incurred during implementation of subproject of each town under grouped water supply scheme.

Table 4: Budgetary Provision S. No. Description Target group Estimated cost Source of fund 1. Consultations, focus group Scheduled tribe, INR1,000,000 Included in discussions and information scheduled caste, subproject dissemination through posters and poor and vulnerable pamphlets persons

2. Training on income generation Scheduled tribe, INR 1000000 Included in activities and provision of toolkits scheduled caste, subproject poor and vulnerable persons 3. 15% contingencies INR 300000 Total INR 2300000

B. Next Steps

46. Subproject implementation and operation and maintenance will be monitored, and results of such monitoring reported:

• To increase the participation of scheduled tribe/scheduled caste/poor and vulnerable population in project activities and ensure their inclusion in project benefits, consultations will continue and records of consultations held will be documented and included in the Social Safeguards Monitoring Report (SSMR) • Contractor to ensure that scheduled tribes/scheduled caste will have 100% household connections and progress on the same will be reported in the SSMR • All skill training and employment indicators agreed in this SSMR will be monitored and reported in the SSMR.

16 Appendix 1

Appendix 1: List of Tribal Communities in State of Madhya Pradesh

1. Agariya 2. Andh 3. Baiga 4. Bhaina 5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando 6. Bhattra 7. Bhil, Bhilala, Barela, Patelia 8. Bhil Mina 9. Bhunjia 10. Biar, Biyar 11. Binjhwar 12. Birhul, Birhor 13. Damor, Damaria 14. Dhanwar 15. Gadaba, Gadba 16. Gond; Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya, Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj, Sonjhari Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi 17. Halba, Halbi 18. Kamar 19. Karku 20. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chattri 21. (Omitted) 22. Khairwar, Kondar 23. Kharia 24. Kondh, Khond, Kandh 25. Kol 26. Kolam 27. Korku, Bopchi, Mouasi, Nihal, Nahul Bondhi, Bondeya 28. Korwa, Kodaku 29. Majhi 30. Majhwar 31. Mawasi 32. Omitted 33. Munda 34. Nagesia, Nagasia 35. Oraon, Dhanka, Dhangad 36. Panika [in (i) Chhatarpur, Panna, Rewa, Satna, Shahdol, Umaria, Sidhi and Tikamgarh districts, and (ii) Sevda and Datia tehsils of Datia district] 37. Pao 38. Pardhan, Pathari, Saroti 39. Omitted 40. Pardhi, Bahelia, Bahellia, Chita Pardhi, Langoli Pardhi, Phans Pardhi, Shikari, Takankar, Takia [In (i) Chhindwara, Mandla, Dindori and Seoni districts, (ii) Baihar Tahsil of Balaghat District, (iii) Betul, Bhainsdehi and Shahpur tahsils of Betul district, (iv) Patan tahsil and

Appendix 1 17

Sihora and Majholi blocks of Jabalpur district, (v) Katni (Murwara) and Vijaya Raghogarh tahsils and Bahoriband and Dhemerkheda blocks of Katni district, (vi) Hoshangabad , Babai, Sohagpur, Pipariya and Bankhedi tah sils and Kesla block of Hoshangabad district, (vii) Narsimhapur district, and (viii) Harsud Tahsil of Khandwa district] 41. Parja 42. Sahariya, Saharia, Seharia, Sehria, Sosia, Sor 43. Saonta, Saunta 44. Saur 45. Sawar, Sawara 46. Sonr

Source: Tribal Welfare Department, Government of Madhya Pradesh

18 Appendix 2

Appendix 2: List of Schedule Areas in Madhya Pradesh as Specified under the Fifth Schedule of Indian Constitution

1. Jhabua district 2. Mandla district 3. Dindori district 4. Barwani district 5. Sardarpur, Dhar, Kukshi, Dharampuri, Gandhwani and Manawar tahsils in Dhar district 6. Bhagwanpura, Segaon, Bhikangaon, Jhirniya, Khargone and Meheshwar tahsils in Khargone(West Nimar) district 7. Khalwa Tribal Development Block of Harsud tahsil and Khaknar Tribal Development Block of Khaknar tahsil in Khandwa (East Nimar) district 8. Sailana and Bajna tahsils in Ratlam district 9. Betul tahsil (excluding Betul Development Block) and Bhainsdehi and Shahpur tahsils in Betul district 10. Lakhanadone, Ghansaur and Kurai tahsils in Seoni district 11. Baihar tahsil in Balaghat district 12. Kesla Tribal Development Block of Itarsi tahsil in Hoshangabad district 13. Pushparajgarh, Anuppur, Jaithari, Kotma, Jaitpur, Sohagpur and Jaisinghnagar tahsils ofShahdol district 14. Pali Tribal Development Block in Pali tahsil of Umaria district 15. Kusmi Tribal Development Block in Kusmi tahsil of Sidhi district 16. Karahal Tribal Development Block in Karahal tahsil of Sheopur district 17. Tamia and Jamai tahsils, patwari circle Nos. 10 to 12 and 16 to 19, villages Siregaon Khurd and Kirwari in patwari circle no. 09, villages Mainawari and Gaulie Parasia of patwari circle No. 13 in Parasia tahsil, village Bamhani of Patwari circle No. 25 in Chhindwara tahsil,Harai Tribal Development Block and patwari circle Nos. 28 to 36,41,43,44 and45B inAmarwara tahsil Bichhua tahsil and patwari circle Nos. 05,08,09,10,11 and 14 in Saunsar tahsil, Patwari circle Nos. 01 to 11 and 13 to 26, and patwari circle no. 12 (excluding village Bhuli), village Nandpur of patwari circle No. 27, villages Nikanth and Dhawdikhapa of patwari circle no 28 in Pandurna tahsil of Chhindwara district.

Appendix 3 19

Appendix 3: Photograph of Consultation and List of Participants Consultation at Bhedaghat with Local Scheduled Tribes Households in Ward No. 14 and 15 during Implementation Phase

20 Appendix 3

Photograph of Consultation and List of Participants Consultation at Katangi with Local Scheduled Tribes Households in Ward No. 1 during Implementation Phase

Appendix 3 21

Photograph of Consultation and List of Participants Consultation at Katangi with Local Scheduled Tribes Households in Ward No. 1 during Implementation Phase

English Translation of List of Participants S.N. Name of Participants S.N. Name of Participants S.N. Name of Participants 1 Sunita 7 Bandana 13 Sunder bai 2 Ragni kol 8 Shiv kumari 14 Abhilasha 3 Anjali col 9 Sadhna bai 15 Gilab bai 4 Saroj bai 10 Uma rani 16 Dhama bai 5 Durga 11 Neha 17 Aasha sukla 6 Mamta 12 janakrani

22 Appendix 3

Photograph of Consultation and List of Participants Stakeholder Consultation at Majholi with Local Scheduled Tribes Households in Ward No. 12 and 13 during Implementation Phase

Appendix 3 23

Photograph of Consultation and List of Participants Consultation at Panagar with Local Scheduled Tribes Households in Ward No. 12 and 13 during Implementation Phase

24 Appendix 3

Photograph of Consultation and List of Participants Consultation at Panagar with Local Scheduled Tribes Households in Ward No. 12 and 13 during Implementation Phase

English Translation of List of Participants S.N. Name of Participants S.N. Name of Participants S.N. Name of Participants 1 Pinnki 7 Ragni 13 Nooratdin 2 Karina 8 Sahjad 14 Pappu, Mob: 6261516311 3 Kalami 9 Vijay kumar 15 Bisarti bai 4 Reshma 10 Sohel 16 5 Gurga, Mob: 9617195260 11 Bitti bai 17 6 Pooja, Mob: 9685609481 12 Kanta

Appendix 3 25

Photograph of Consultation and List of Participants Consultation at Patan with Local Scheduled Tribes Households in Ward No. 2 and 4 during Implementation Phase

26 Appendix 3

Photograph of Consultation and List of Participants Consultation at Patan with Local Scheduled Tribes Households in Ward No. 2 and 4 during Implementation Phase

English Translation of List of Participants S.N. Name of Participants S.N. Name of Participants S.N. Name of Participants 1 Santosh 7 Sanju 13 Vikram 2 Sanjay 8 kalabai 14 Harprashad 3 Pradeep 9 Tijjo bai 15 Manish 4 Surendra 10 Umesh 16 dilip 5 Baggi 11 Kiran bai 17 6 Ramdyal 12 Santo bai

Appendix 3 27

Photograph of Consultation and List of Participants Consultation at Sihora with Local Scheduled Tribes Households in Ward No. 13 during Implementation Phase

28 Appendix 3

Photograph of Consultation and List of Participants Consultation at Sihora with Local Scheduled Tribes Households in Ward No. 13 during Implementation Phase

English Translation of List of Participants S.N. Name of Participants S.N. Name of Participants S.N. Name of Participants 1 Kiran bai 8 Kiran bai 15 Partum 2 Savita banskar 9 Urmela 16 Sivkumar 3 Kelash bai 10 Rajkumari bai 17 Arvind sen 4 Neha bai 11 Lalta pal 18 Bimal 5 Santosh bai 12 Anar bai kewat 19 Tara chand 6 Sulochan bai 13 Chandni kebat 7 Dhanoy bai 14 Raju

Appendix 3 29

Photograph of Consultation and List of Participants Consultation at Tendukheda with Local Scheduled Tribes Households in Ward No. 9 during Implementation Phase

30 Appendix 3

Photograph of Consultation and List of Participants Consultation at Tendukheda with Local Scheduled Tribes Households in Ward No. 9 during Implementation Phase

English Translation of List of Participants S.N. Name of Participants S.N. Name of Participants S.N. Name of Participants 1 Pinki 8 Roshni 15 Roshni 2 Bhira 9 Chanda 16 sashi 3 Sapna 10 Kanchan 17 Raju 4 Chanda 11 Kavita 18 Kandhi lal 5 Santi 12 Aarti 19 6 Gomti 13 Gula 7 Sushila 14 Anjani

Appendix 4 31

Appendix 4: Summary of Consultation with Scheduled Caste & Scheduled Tribes Households of Group WSS Subproject

Date Location No. of Participants Topics Discussed Issues Participants 05-11-2018 Ward -14 and Total=15 Local • Briefing on project objectives • Participants knew about the 15 Subproject F=08 Households probable implementation proposed project. On learning Town M=7 of Scheduled procedures about the project, they Bhedaghat Tribes • Potential positive and negative expressed that they were happy Community impacts due to project that the entire community would implementation be benefited from the upgraded • Experiences sharing on - water supply. livelihood activities, Resettlement • Slum dwellers showed and Rehabilitation, women willingness to take water empowerment, tribal development, connections but demanded health, education, convergence relaxation in user charges. with existing government social • People were briefed about the security schemes etc. complaint redress mechanism. Grievance Redress procedures • Local employment

06-11-2018 At Ward No. Total= 17, Local • Knowledge of project • Women had heard about the 01, Subproject F=05, Households • Present water supply situation: proposed project and welcomed Town Katangi M=12 of Scheduled only half an hours of supply it as women are facing many Tribes alternate day problems in fetching water for Community • Drinking water user charge hours. • Potential positive and negative • Some participants did not have impacts due to project water connections. The women implementation were happy to learn about the proposed project. • Possibility of exempting the poor and vulnerable from user charge payment. • Slum area must be given relaxation for connection and water use • Timely road restoration 08-12-2018 At Ward No. 12 Total= 17, Local • Knowledge of project • Few women had heard about the and 13, F=05 , Households • Present water supply situation: proposed project and welcomed Subproject M=12 of Scheduled only half an hours of supply it as women are facing many Town Majholi Tribes alternate day problems in fetching water for Community Drinking water user charge hours.

32 Appendix 4

• Some participants did not have water connections. The women were happy to learn about the proposed project. • Possibility of exempting the poor and vulnerable from user charge payment.

08 -12-2018 At Ward No. 12 Total= 15, Local • Knowledge of project • Most of the participants had and 13, F=12 , Households • Present water supply situation: heard about the proposed Subproject M=03 of Scheduled only half an hours of supply project and welcomed it as Town Panagar Tribes alternate day women are facing many Community • Drinking water user charge problems in fetching water for Disturbances during civil works hours. • Some participants did not have water connections. The women were happy to learn about the proposed project. • Possibility of exempting the poor and vulnerable from user charge payment. • Prior information required about start of the civil works • Timely road restoration.

09-11-2018 At Ward No. 2 Total= 16, Local • Knowledge of Project • Participants had heard about and 4, F=05 , Households • Present water supply situation: the proposed project and Subproject M=11 of only half an hours of supply welcomed it. Town Patan Scheduled alternate day • Women will get rid of to fetch Tribes • Drinking water user charge water due to the proposed Community Disturbances during civil works project. • Demanded exemption for the poor and vulnerable from user charge payment. • Prior information required about start of the civil works • Timely road restoration

Appendix 4 33

10-11-2018 At Ward No. Total= 19, Local • Knowledge of project • Participants had heard about 13, Subproject F=14 , Households • Present water supply situation: the proposed project and Town Sihora M=05 of only half an hours of supply welcomed it. Scheduled alternate day • Few of them have water Tribes • Drinking water user charge connections. Community Disturbances during civil works • Women will get rid of to fetch water due to the proposed project. • briefed about the grievance redress mechanism under the project. • Demanded exemption for the poor and vulnerable from user charge payment and other connection charges. • Prior information required about start of the civil works • Timely road restoration

11-11-2018 At Ward No. Total= 09, Local • Briefed about of project • Participants didn’t hear about 09, Subproject F=16 , Households • Present water supply situation: the proposed project Town M=03 of Scheduled only half an hours of supply • Shown willingness and Tendukheda Tribes alternate day welcomed it. Community • Drinking water user charge • Few of them have water Disturbances during civil works connections. • Women will get rid of to fetch water due to the proposed project. • Demanded exemption for the poor and Scheduled Tribes from user charge payment and other connection charges. • Prior information required about start of the civil works Timely road restoration

34 Appendix 5

Appendix 5: Screening Checklist for Indigenous Peoples Impact

A. Introduction

Each project/subproject/component needs to be screen for any involuntary resettlement impacts and indigenous people impacts which will occur or already occurred. This screening determines the necessary action to be done by the project team.

B. Information on project/subproject/component • District/ Administrative Name:Jabalpur and Damoh • Location (km): Katangi (38 Kms from Jabalpur), Bhedaghat (25 Kms from Jabalpur), Majholi (56 Kms from Jabalpur), Panagar (16 Kms from Jabalpur), Patan (33 kms from Jabalpur), Sihora (42 kms from Jabalpur), Tendukheda (56 Kms from Damoh) • Civil work dates (proposed): Date of Award is 04th September 2017 • Technical Description: Group Water Supply Scheme of seven towns namely Katangi, Bhedaghat, Majholi, Panagar, Patan & Sihora under District Jabalpur and Tendukheda under District Damoh. Pumping water from intake wells to WTP, laying of raw water rising main of length 339 m, clear water rising main of length 158494 m from WTP to the OHTs, Construction of two number of Overhead tank (OHT) of size 200 KL and 220 KL for Bhedaghat, Construction of one overhead tank (OHT) of size 120 KL for Katangi, Construction of three number of Overhead tank (OHT) of size 700 KL, 600 KL and 200 KL for Panagar, Construction of four number of Overhead tank (OHT) of size 900 KL, 920 KL, 630 KL and 620 KL for Sihora and Construction of two number of Overhead tank (OHT) of size 300 KL and 325 KL for Tendukheda and further distribution to end users by various distribution networks through gravitation with length 328,450 m.

C. Below is the initial screening for indigenous people impacts and due diligence exercise. Positive or negative/permanent and temporary/ directly and indirectly impacts must be considered and reported in the screening process.

KEY CONCERNS YES NO NOT Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

1. Are there socio-cultural groups As per Census of India-2011, present in or use the project area subproject towns has quite less who may be considered as "tribes" number of population of Scheduled (hill tribes, schedules tribes, tribal Tribes community but reported in peoples), "minorities" (ethnic or most of the wards, these Scheduled national minorities), or "indigenous Tribes population reported in communities" in the project area? subproject town Katangi (5.93%), Bhedaghat (17.64%), Majholi (5.77%), Panagar (0.87%), Patan (6.41%), Sihora (12.96%) and Tendukheda (5.52%). While SC population in subproject towns is Katangi (11.60%), Bhedaghat (13.56%), Majholi (15.69%),

Appendix 5 35

Panagar (12.87%), Patan (15.02%), Sihora (12.49%) and Tendukheda (12.73%). None of the lands identified for subproject components belong to Scheduled Tribes or are encroached by Scheduled Tribes. As these towns has a small proportion of Scheduled Tribe population which does not have distinctive customs/ cultural habits/ economic activities/ language/ collective attachment to land. Hence the water supply scheme is not expected to unfavourably impact Scheduled Tribes in any manner.

2. Are there national or local laws Project towns have approximately or policies as well as 7.68% of Scheduled Tribes anthropological population researches/studies that consider these groups present in or using the project area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities?

3. Do such groups self-identify as being part of a distinct social and cultural group?

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories?

5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture?

6. Do such groups speak a distinct These tribal residing in the language or dialect? subproject town speak their own language. But they mainly speak the mainstream language Hindi as they have been living in the town from a very long time.

7. Has such groups been economically marginalized historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?

36 Appendix 5

8. Are such groups represented as As few elected representatives are "Indigenous Peoples" or as "ethnic from such groups, they are part of minorities" or "scheduled tribes" or decision making bodies at local ULB "tribal populations" in any formal level. decision making bodies at the national or local levels? B. Identification of Potential Impacts

9. Will the project directly or Entire subproject towns which indirectly benefit or target includes all wards with 100% area Indigenous Peoples? and population including scheduled tribe population is likely to be benefited by the proposed water supply scheme. Implementation of the scheme is likely to have positive impact on the Indigenous Peoples.

10. Will the project directly or The beneficiaries of the Project will indirectly affect Indigenous be able to lead a better lifestyle Peoples' traditional socio-cultural coupled with better standards of and belief practices? (e.g. child- cleanliness and healthy living. rearing, health, education, arts, and governance)

11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status)

12. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain? C. Identification of Special Requirements Will the project activities include:

13. Commercial development of the cultural resources and knowledge of Indigenous Peoples?

14. Physical displacement from traditional or customary lands?

15. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial,

Appendix 5 37

spiritual uses that define the identity and community of Indigenous Peoples?

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by indigenous peoples?

17. Acquisition of lands that are The land proposed for subproject traditionally owned or customarily components belongs to the used occupied or claimed by government. Hence, acquisition of indigenous peoples? the land is not required

D. Indigenous People Impact

1. After reviewing the answers above, EA/ Safeguard Team confirms that the proposed subsection/ section/ subproject/component (tick as appropriate):

[ Y ] Has Indigenous People (IP) Positive impact, an indigenous people plan (IPP) (or specific IP action plan) is required [✓] Has No IP impact, no IPP/specific action plan is required.

Prepared By: DBO Contractor namely Verified by: Safeguard Team of PMU, under Indian Hume Pies Limited MPUSIP

Signature: Name: Signature: Position: Name: Anup Kumar Position: EHS Engineer

Date: 24-12-2018 Date: