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Environmental and Social Kerala Local Government and Service Delivery Project Local Self Government Department, Government of Kerala November 2, 2010 [Type text] Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

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Page 1: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Manageme~~ Framewor~

Kerala Local Government and Service Delivery Project

Local Self Government Department, Government of Kerala November 2, 2010

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Page 2: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

of mitigation guidelines that enable the LSGs to build in appropriate provisions in the respective activity plans that help prevent, mitigate or offset the identified EaS impacts, if any. Successful (or unsuccessful) application of screening procedures and mitigation guidelines will lead to grant (or denial) of Environmental Approval to the proposed activity. The ESMF also lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures, when implementation takes place.

The entire process described above is known as the EaS Clearance and Compliance Verification Procedure and comprises the primary component of the ESMF. Care has been taken during designing of this procedure to ensure that it is user friendly and simple enough to be understood and implemented by LSG functionaries or associated personnel. In addition, there are three components of the ESMF that playa supportive role in ensuring accurate and successful application of the EaS Clearance and Compliance Verification Procedure. These are discussed in the next section.

1 ... 1 ... 2. C~ts of ESNF Following are the components of this ESMF:

1. EaS Clearance and compliance verification procedures a. Screening for EaS safeguard requirements b. Impact assessment and mitigation planning (for activities requiring safeguards) c. EaS approval d. Compliance verification

2. Institutional framework 3. Capacity building plan 4. Implementation monitoring plan

The LSGs are expected to follow their standard procedures for approval of proposed activities that are to be funded through the Block Grant facility mooted under Component 1 of the project. The EaS clearance and compliance procedure, listed at No.1 above, consists of a few easy additional process steps that have been superimposed on the existing procedures so that EaS clearance also becomes a part of the routine approval process. The add-on procedures described herein also contain a built-in provi~ion that enables LSGs to integrate appropriate mitigation measures into the activity implementation plan itself and subsequently verify whether they have been adequately complied with during work execution.

The Institutional Framework, listed a, allocates exact functions, roles and responsibilities to different players at various levels of hierarchy in the management set-up along the LSG organizational structure leading to the grant of EaS clearance as well as verification of compliance post implementation. Again, care has been taken to maintain close consistency with the prevailing lines of authority / reporting protocols in the existing LSG structure.

Even though the EaS clearance procedures developed herein are simple, non-expert based and user friendly, they will be new and relatively unfamiliar to various associated players who are

2

Page 3: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

expected to make use of these procedures while discharging their respective roles and responsibilities. Consequently, they will not be able to appLy these procedures effectiveLy unLess they are compLetely familiar with their application and have the necessary background knowLedge and information to successfuLLy impLement them. The Capacity Building Plan has been included in the ESMF precisely intention of addressing this specific requirement. It suggests detailed training curriculum and training scheduLes that will ultimateLy lead to the familiarization of aLL involved with the E&S clearance and compliance procedures. The trainings suggested in this plan will be integrated with the overall training / capacity building pLan of the project under Component 2, to be impLemented by the Kerala Institute of LocaL Administration (KILA) and the State Institute of Rural DeveLopment (SIRD).

The fourth and last component, namely implementation monitoring, will heLp the Project Management in assessing the quality of ESMF implementation and enabLe them to take up corrective measures wherever required. This activity will have interface with. the overall project monitoring proposed under Component 4 of the project. Another monitoring activity undertaken in the project will comprise of Annual Performance Assessments proposed as a basis of disbursaL of Performance Grants to quaLifying LSGs under Component 1.

This section elaborateLy discusses the E&S Clearance and Compliance Verification procedures developed as the operationaL part of the ESMF. There is a sLight difference between the procedures suggested for Grama Panchayats and Municipalities due to difference in organizationaL structure. Suggested procedures for both are discussed separateLy in forthcoming sections.

BroadLy, the procedure can broadly be divided into two distinct components, namely:

1. Grant of E&S CLearance 2. E&S Compliance Verification and Documentation

The former pertains to grant of E&S clearance to any proposed LSG activity. The basis for grant of this clearance is the correctness and appropriateness of the E&S impacts identified as likeLy in connection with the proposed activity, as well as the suggested action plan for mitigation. The latter pertains to physicaL verification of compliance to recommended E&S mitigation measures and documentation of this verification. Physical verification of compLiance can be done a few times while execution of works pertaining to the activity is in progress depending upon the kind of activity and discretion of the verifying authority. However, after compLetion of works, the ESMF proposes a procedure that records the compliance to suggested mitigation measures and makes it mandatory to enabLe release of the last installment of payment to the executing agency. Sections 5.2.1 and 5.2.2 discuss details vis-a-vis these procedures for Grama Panchayats and Municipalities respectively.

3

Page 4: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

As mentioned earlier, the procedures for securing E6:S Clearance have been developed in a manner that they fit the standard approvaL procedures followed by the LSGs.

We first describe the standard approvaL procedures followed by GPs in Kerala in the normal course. These are as follows:

• Subproject ideas are taken up by the Sectoral Working Groups (SWGs) (in the local body) from the activities already listed in the 5 year Development Reportl for the respective GP.

• The GP has a number of Working Groups, each of which is in-charge of a spedfic LSG function such as sanitation, roads, Buildings, agricuLture, water works, poverty reduction, etc. The proposals taken up by the SWGs are submitted to the Gram Sabha for prioritization of works/activities.

• Upon prioritization by the Gram Sabhas, the respective Working Groups prepare draft subproject plans and submit to the GP Committee

• The GP Committee discloses and discusses these proposal in a DeveLopment Seminar participated by experts, professionals, representatives of Gram Sabha and local people. Based on discussions and feedback obtained at the Development Seminar and after incorporating recommendations a final sub-project plan is arrived at.

• Subsequently, GPC concurs with and approves the final subproject plan discussed and disclosed in the Development Seminar.

• Thereafter, the respective Working Groups prepare the Detailed Project Reports (DPRs) through the GP technical staff

• The DPRs are submitted to the Technical Advisory Group (TAG) at the block level for vetting the subproject proposals with respect to compLiance to procedures/norms laid down by Government, technical feasibility, financial viability, etc.

• Upon vetting the proposals The TAG forwards the same to District Planning Committee (DPC) for the Latter's approval of subproject and annual plan for the respective GP.

• Upon receipt of DPC, the DPR goes back to the TAG for accord of technicaL sanction to the engineering works component of the subproject, if any_ If there is no engineering component, the subproject proceeds directLy for implementation.

• The impLementation of subprojects is carried out by the ImpLementation Officer who is also the convenor of the Working Groups. The day-to-day monitOring of implementation is carried out by the members of the working groups.

A depiction of the process flow for granting environmental clearance and subsequent verification of compliance for Grama Panchayats as superimposed on the above standard approvaL process is given in Figure 1.1.

I Every 5 year a special consultation process for needs assessments at the ward levels are conducted and respective ward requirements are consolidated and tabled in the Gram Panchayat Committte for concurrence and incorporation in the Development Report for the respective Panchayat/Local Body.

4

Page 5: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

E&'S Clearance and Compliance Verification Procedure for GPs .......................................................................... '" · . · . Project ideas from approved

and disclosed Final Sub-project Plan obtained from GP Committee

· .

WORKING GROUP <1) Prepares DPR and undertakes ESMF

screening with help of GP Engineering section ,---"------1

PROJECT DEFERRED OR DPR SENT BACK

FOR REVISION

, , ,

Refenred to GP Committee for fOlWarding to Implementing

Officer

Interim compliance verification during works execution, wherever applicable

GP ENGINEERING SECTION

Prepares DPR - Implements work

after DPC approval

i<1J

COMPLIANCE VERIFICATION Onlv for activities reauirina Mitiaation Plans as Der ESMF

ESMF compliance filing by works contractor on completion of works

execution

ESMF COMPllANCE VERIFICATION BY IMPLEMENTATION OFFICER WITH FACILIT A nON FROM BLOCK ENGINEER

'TAG: Technical AdvISory Group ,. OPC: District Planning Comminee # LESA: Limited Environmental and

Social Appraisal

Verification of ESMF compliance by GP Engineer before approval of final

installment of payment to works contractor.

Figure 1. 1: Environmental and Social Clearance and Compliance Verification Procedure for GPs

5

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Page 6: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

It is at the DPR preparation stage that the first stage of EaS Clearance will come into play. This would be done by screening of the proposal for environmental and social implications. Since the DPR preparation work is undertaken by the Working Groups along with the GP technical staff, it is best if the EaS screening and mitigation planning is also done by them. In spite of this, it is important for the GP Committee members, Technical Advisory Group (TAG) members and District Planning Committee members to be familiar with the entire screening process so that they understand the environmental and budgetary implications.

The section below describes the procedures for the first step in grant of EaS Clearance, viz., EaS screening and mitigation planning.

The EaS screening and mitigation pLanning is proposed to be done in two consecutive stages. While the Engineers will be doing the screening, guidance will be provided by the Block Engineer deputed at the Block leveL by the project. Following are the two stages in screening:

First Stage Screening: This stage of screening is intended for weeding out activities that are prohibited by prevailing appLicable regulations2 or allowed in only very speciaL circumstances. A screening tool known as the 'Regulatory List' has been prepared for use in the first stage of screening. The Regulatory List (see Performa A, section 1.2.3 'EaS Clearance Toolkit') is a list of given activities prohibited by reguLations or a set of conditions or circumstances under which no activity is allowed by law, with conditional clearance in case of certain very specific situations, if any. If any type of activity or condition listed in the Regulatory List happens to correspond or apply to the proposed activity, it cannot be granted EaS clearance unless the requisite permissions / provisions listed therein, if any, are obtained / met. The Regulatory List is very useful and effective in weeding out activities that may be contravening any prevailing environmental or social legislation.

Second Stage Screening: The second stage of screening is meant for proposals which have cleared the first stage. The tool used here is known as the 'Control List'. The Control List (See Performa B; section 1.2.3 'EaS Clearance Toolkit') consists of two separate components: that of activities classified as Level 1 and that of activities classified as Level 2. Level 1 activities are expected to have relatively low magnitude Eas impacts while Level 2 activities could lead to slightly higher, i.e., medium level Eas impacts.

In case of LeveL 1 activities, the ESMF recommends a set of simpLe pre-determined mitigation measures which are provided as EaS Guidelines (See EaS Guidelines; section 1.2.3 'EaS Clearance Toolkit'). The concerned authority has to ensure that these mitigation measures are included and integrated with the overall activity proposal and cost implications, if any, are also added to the activity budget.

2 This includes National and State regulatIOns as well as World Bank Safeguard Policies.

6

Page 7: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

In case of Level 2 activities, the ESMF proposes that a Limited Environmental and Social Appraisal (LESA) be undertaken. The LESA could be done internally by the Engineer or outsourced to an external expert. Whatever the route taken, the LESA is expected to analyze the risks as well as alternative 'intervention scenarios to arrive at a feasible mitigation plan. Again, as in the earlier case, the concerned authority has to ensure that these mitigation measures are included and integrated with the overall activity proposal and the associated cost figures are suitably updated to reflect the additional cost, if any, of implementing the mitigation measures.

Once the mitigation measures are built into the activity plan, the project can be sent for further stages of approval as per the standard existing process described in later sections. At every stage, the ESMF related mitigation plan will be separately discussed and approved.

During the entire process of preparation of subproject plans and DPRs, the various players (Working Groups, Engineers, GP Committee, etc.) will be supported, facilitated and mentored by the Block Engineer hired under the project for this specific purpose. The Block Engineer will provide hand holding support to all concerned throughout the Screening and E&S Clearance process.

In case the proposed activity does not match any of the activities listed under Level 1 as well as Level 2 of the Control List, it can be forwarded directly to the next step of approval because, in such cases, no E&S clearance or subsequent compliance verification is necessary. Therefore, in effect, the ESMF linked screening and approval requirements in case of activities to which the Control list does not apply, are bypassed and further processing of these proposals as well as implementation can take place as per normal routine without further ESMF related obligations or requirement.

1 .. 1 .. 1 .. 1 v.tftakttGn by TAG Once the DPR is prepared by the Working Group, it is forwarded to the Technical Advisory Group (TAG) for vetting of the technical aspects such as compliance to procedures/norms lay down by Government, technical feasibility, financial viability, etc. The TAG is a group of technical people, some of whom are drawn from different Government Departments while others are independent professionals including retired officials. The TAG has many sector specific sub groups which reviews and approves the DPRs under their respective sector, for and behalf of the TAG. This TAG is functional at the block and district levels. Usually in context of GPs, the block level TAG is applicable. If the TAG takes a view that the proposal requires further modifications, it can send it back to the Working Group / Engineer for revision.

The ESMF related function of reviewing the validity of the E&S screening and appropriateness of the mitigation measures included 'in the proposal has been added to the TAG's list of responsibilities, considering that this fits in well with its prevalent function. In this case also, the Block Engineer will provide guidance, support and facilitation to the TAG.

7

Page 8: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

In case the TAG feels that the mitigation plan needs to be revised, they could refer it back to the Working Group for appropriate action. Once the DPR is cleared by the TAG, it is sent to the DPC for final approval.

1,1,1 .. 1 Appnwel by OPe Subsequent to clearance by the TAG, as per standard procedure, the proposal is forwarded to the District Planning Committee for final approval. DPC reviews the DPRs and comments/recommendations/suggestions of TAG before due consideration and approval. It is envisioned that the DPC's approval will also encompass the E&S Clearance, which will be nested in its overall approval of the project. Subsequent to OPC approval of the project, the OPR is sent again to the GP. The approved subprojects are tendered/implemented (as applicable) by the Implementation Officers in the respective SWGs. For engineering works, Technical Sanction will be issued by TAG before implementation.

1 .. 1 .. 1,4 C~ wrifk.ttan Once work execution of the project starts, it is the Implementation Officers responsibility to ensure that the work plan is properly implemented. It is strongly recommended that the respective Implementation Officers should undertake interim review of the ESMF related mitigation measures while work is in progress and provide appropriate guidance should any be required. Further, before release of the final installment, it is recommended that the Block Engineer should verify and submit a report confirming the correct implementation of all recommended mitigation measures. The Implementation Officer should release final installment of payment duly verifying compliance to all recommended mitigation measures. The Implementation Officer is free to make use of the Block Engineer for any guidance, facilitation or support that may be required during the compliance verification process.

Performa C provided in the E&S Compliance Toolkit (see section 5.2.3) is to be attached to the project file / DPR and used for recording E&S Clearance and Compliance.

There is a difference between the organizational structure of GPs and Municipalities. Even though the approval procedures are principally the same, there is a variation in the approval authorities and stages. In the normal course, subproject ideas are taken up by the Sectoral Working Groups (SWGs) (in the local body) from the activities already listed in the 5 year Development Repore for the respective Municipality. The Municipality has a number of Working Groups, each of which is in-charge of a specific LSG function such as sanitation, roads, Buildings, agriculture, water works, poverty reduction, etc. Following is the procedure:

• The proposals taken up by the SWGs are submitted to the Ward Sabha for prioritization of works/activities.

3 Every 5 year a special consultation process for needs assessments at the ward levels are conducted and respective ward requirements are consolidated and tabled in the Gram Panchayat Committte for concurrence and incorporation in the Development Report for the respective PanchayatlLocal Body.

8

Page 9: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

• Upon prioritization by the Ward Sabhas, the respective Working Group prepares the draft subproject plans and submits to the respective Municipal Council

• The Municipal Council discloses and discusses these proposals in a Development Seminar participated by experts, professionals, representatives of Ward Sabha and local people. Based on discussions, feedback and after incorporating recommendations, a final subproject plan is arrived at, discussed and disclosed in the Development Seminar

• Subsequently, the respective Municipal Standing Committees and Municipal Council concurs with the final subproject plan.

• Thereafter, the technical staff of the respective Working Groups prepares the Detailed Project Reports (DPRs)

• The DPRs are submitted to the Technical Advisory Group (TAG) at the block level for vetting the subproject proposals pertaining to compliance to procedures/norms laid down by Government, technical feasibility, financial viability, etc.

• TAG upon vetting the proposals submits it to District Planning Committee (DPC) for the latter's approval of subproject and annual plan for the respective Municipality.

• Upon receipt of DPC approval by Municipality, technical sanction for engineering works will be accorded by TAG, while others will proceed for implementation.

• The implementation of subprojects will be carried out by the Implementation Officers who is also the convener of the Working Groups.

• The day-to-day monitoring of implementation is carried out by the members of the SWGs.

It is at the DPR preparation stage that the of EftS Clearance will come into play. This would be done by screening of the proposed activities for environmental and social implications as described in section 1.2.1.1. Since the sectoral Working Group Members and Engineers/officers in the SWGs will be preparing the Subproject plan and DPRs, it is best if the EftS screening and mitigation planning is also done by them. In spite of this, it is important for the Municipal Council members, Technical Advisory Group (TAG) members and District Planning Committee members to be familiar with the entire screening process so that they understand the environmental and budgetary implications.

As in the case of GPs, in case of Municipalities also, care has been taken to adhere as closely as possible to the existing processes and procedures and integrating the EftS Clearance within the same. In this section we discuss the equivalent EftS Clearance and Compliance Procedures for Municipalities. A diagrammatic representation of the same is given in figure 1.2. The sections below describe the procedures for the first step in grant of EftS Clearance, viz., EftS screening and mitigation planning.

The procedure for EftS screening and mitigation planning is the very same as proposed for Grama Panchayats including screening tools used: the Regulatory and Control Lists, mitigation guidelines or LESA procedures. In subsequent sections, we discuss the steps leading to grant of EftS Clearance in case of municipalities.

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Page 10: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

1,1,1,1 ~ by TAG

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

Once the subproject plan or proposal is cleared by the Municipal Council, it is forwarded to the Technical Advisory Group (TAG) located at the District level for vetting of the subproject proposals pertaining to compliance to procedures/norms laid down by Government, technical feasibility, .financial viability, etc .. The TAG is a group of technical people, some of whom are drawn from different Government Departments while others are independent professionals including retired officials. The TAG has many sector specific sub groups which reviews and approves the DPRs under their respective sectors, for and behalf of the TAG. This TAG is functional at the block level.

The ESMF related function of reviewing the vaLidity of the EaS screening and appropriateness of the mitigation measures included in the proposaL has been added to the TAG's list of responsibilities, conSidering that this fits in weLL with its prevalent function. In this case also, the Block Engineer will provide guidance, support and facilitation to the TAG in these matters. In fact, it is proposed that the Block Engineer be made a member of the TAG to enhance the effectiveness of his/her support function.

1,1,1,1 Appro.' by __ .' Coundl During the approval process of subproject proposaLs, if the Municipality at any stage feeLs that the subproject pLan or DPRs or portions therein are defident in some ways or need to be improved, or if the budget is higher than the amount sanctioned while granting 'in principLe' approval, it may send them back to the Working Group / Engineer for revision. Alternatively, it may undertake steps to revise the sanctioned amount. The approval of the Municipal Council is usuaLLy given from the utility and financial angle. TechnicaL aspects of the proposaL are normaLLy examined by the Technical Advisory Group (TAG).

1,1,1,4 Appro'A' by DPC Subsequent to clearance by the TAG, as per standard procedure, the proposal is forwarded to the District Planning Committee for final approval. DPC reviews the DPRs and comments/recommendations/suggestions of TAG before the DPRs are discussed and approved. It is envisioned that the DPC's approval will also encompass the EaS Clearance, which will be nested in its overaLL approval of the project. Subsequent to DPC approval of the project, the DPR is sent again to the Municipality. The approved subprojects are tendered/implemented (as applicable) by the ImpLementation Officers in the respective SWGs. For engineering works, Technical Sanction will be issued by TAG before implementation.

As in the case of GPs, the Block Engineer hired under the project wiLL be available for guidance, facilitation and mentoring at aLL stages of screening and approval.

10

Page 11: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

E&S Clearance and Compliance Verification Procedure for Municipalities Project ideas from approved

and disclosed Final Sub-project Plan obtained from Municipal

Committee

WORKING GROUP Prepares DPR and undertakes ESMF screening with

help of Municipal Engineering Department

PROJECT DEFERRED OR DPR SENT BACK

FOR REVISION

Referred to Municipal Committee for forwarding to Implementing Officer

, , , , , ,

MUNICIPAL ENGINEERING DEPARTMENT

- Prepares DPR - Implements work

after DPC approval

.........................................................................

NOT APPROVED

PROJECT PROPOSAL I DPR

'TAG: Teclmical Advismy Group ,. DPC: District Planning Committee # LESA: Limited Environmental and

Social Appraisal

COMPLIANCE VERIFICATION Onlv for activities reauirina Mitiaation Plans as Der ESMF

Interim compliance verification during works execution, wherever applicable

ESMF compliance filing by works contractor on completion of works

execution

Verification of ESMF compliance by Municipal Engineer before approval of final installment of payment to works contractor.

ESMF COMPLIA.NCE VERIFlCATION BY IMPLEMENTATION OFFICER WITH FACILITA nON FROM BLOCK ENGINEER

Figure 1.2: Environmental and Social Clearance and Compliance Verification Procedure for Municipalities

11

Page 12: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

1,1,1,5 t~ wriftc.t1on

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

Once work execution of the project starts, it is the Municipal Engineer's responsibility to ensure that the work plan is properly implemented. It is strongly recommended that the respective Implementation Officers should undertake interim review of the ESMF related mitigation measures while work is in progress and provide appropriate guidance should any be required. Further, the approving authority should release of the final installment, only after verifying the correct implementation of all recommended mitigation measures. Wherever necessary, the Block Engineer will be available for support, guidance and fadlitation.

Performa D provided in the EEtS Compliance Toolkit (see section 1.2.3) is to be attached to the project file / DPR in Municipalities and used for recording EEtS Clearance and Compliance.

Given below are the screening tools and guidelines developed for use of concerned LSG functionaries / officials for according EEtS Clearance to proposed activities and subsequently verifying compliance. They comprise the EEtS Toolkit for use of those concerned. The contents include:

1. The Regulatory List Screening Tool (Performa A)

2. The Control List Screening Tool (Performa B)

3. EEtS Clearance and Compliance Format for GPs (Performa C)

4. EEtS Clearance and Compliance Format for Municipalities (Performa D)

5. EEtS Mitigation Guidelines for Level-1 activities (Performa E)

6. Format for Conduction of LESA for Level-2 activities (Performa F)

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Performa A- Regulatory List

List of Prohibited activities under various regulations

Involuntary land acquisition o Activities involving involuntary land acquisition

Child Labour o Activities involving use of child labour

CRZ areas o Activities involving discharge of untreated wastes and effluents

o Activities involving harvesting or drawal of ground water in the CRZ (between 200 m and 500 m from High Tide Line) using mechanical pumps unless when done manually through ordinary wells for drinking water or domestic purposes onLy.

o Activities involving Land reclamation, bunding or disturbing the naturaL course of sea water except those required for controL of coastaL erosion and maintenance or clearing of water ways, channels or for prevention of sandbars or for tidaL reguLators, storm water drains or for structures for prevention of salinity ingress and sweet water recharge

o Activities invoLving mining of sands, rocks and other substrata materials

o Any construction activity between the Low Tide Line and High Tide Line in the CRZ-I

and III without permission from the Kerala State CoastaL Zone Management Authority.4

Forests, Natural Habitats and Trees o Activities likeLy to cause significant damage to forests, mangroves, nesting grounds or

any other kind of identified I designated naturaL habitat.

o Activities in forest areas and inside designated Protected Areas (e.g. NationaL Parks, Wild Life Sanctuaries, Tiger Reserves, etc. without permission from the Forest Department.

o Any activity that involves extraction of timber or any non-timber forest produce from a forest area or its transport without permission from the Forest Department, except in

4 CRZ I: Includes (i) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beautylhistoricallylheritage areas,areas rich in genetic diversity (ii) Area between Low Tide Line and the high Tide Line;

CRZ II: includes areas that have been already developed upto or close to shoreline

CRZ III: Areas that are relatively undisturbed and include coastal zone in the rural areas (developed and undeveloped).

CRZ IV: Includes coastal stretches in the Anadaman and Nicobar, Lakshadweep and small islands except those designated as CRZ I, II or III.

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

accordance with the provisions of the ScheduLed Tribes and other TraditionaL Forest Dwellers (Recognition of Forest Rights) Act, 2006.

o Any activity that invoLves cutting of grass or grazing of livestock in a forest area without permission from the Forest Department (except in accordance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006).

o Any activity that involves cutting of any tree or trees except in accordance with the provisions of the Kerala Preservation Of Trees Act (1986)

o Activities involving destruction / exploitation of any kind of wildlife.

Physical and cultural resources o Activities likely to cause damage to objects, sites, structures, groups of structures, and

natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance

o Any subproject involving construction within 200 meter to historicaL monuments and within 100 meter to railways, highways, etc.

Air, land and water resources o Activities pertaining to construction of any reservoir or anicut or weir or any other

permanent structure in or across any water course for the purpose of diverting water

o Activities involving abstraction of water from a water course by a mechanical device of more than five horse power

o Activities connected with quarrying of sand in any area in a water course within a distance of five hundred metres from any dam, check dam, reservoir or any other structure or construction on or across such watercourse, owned or controlled or maintained by Government for the purpose of irrigation

o Digging of a tube-well or well from which water is extracted without permission of the State Ground Water Authority in notified areas or in areas classified as Critical/Over Exploited Zones

o Any activity involving promotion, use, storage and distribution of pesticides that are banned by the Government of India, Government of Kerala or are included in classes la, Ib and II of the WHO classification (Refer to Annexure on WHO classification of pestiddes)

o Any industrial and mining activity without obtaining necessary permits (compliance with siting restrictions, Consent to Establish, Consent to Operate) from the Kerala State Pollution Control Board

o Any activity involving conversion or reclamation of paddy land or wetland

o Any activity involving discharge of effluent or water into public places or water bodies without permission from the State Pollution Control Board

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Ll Any construction activity involving locating of the leach pit, soak pit, earth closet or septic tank within a distance of 7.5 m radius from existing well or 1.2 m from the plot boundary

Ll Any activity involving littering and burning of Municipal Solid Waste in cities, towns and in urban areas

Ll Activities involving new drinking water supply without testing of water quality to ensure that it is safe for human consumption and effective water treatment measures

Ll Activities involving pollution of the air from any industrial activity without consent from the State Pollution Control Board

The list of protected forests, such as biosphere reserve, National parks, wildlife sanctuaries, tiger reserves, reserve forests etc are given in Annexure X. The maps depicting CRZ 1 areas are given in the document 'Coastal Zone Management Plan for Kerala' approved by the Ministry of Environment & Forest, Government of India and published by the Kerala State Council for Science, Technology & Environment (KSCSTE), who is also the Kerala Coastal Zone Management Authority (KCZMA). This document is made available to all the coastal Panchayats, Municipalities and City Corporations. The list of banned pesticides and insecticides are given in Annexure XI. The endogenous people involve the scheduled tribe settlements.

In the Notification on Coastal Regulation Zone, CRZ·I includes (i) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historically/heritage areas, areas rich in genetic diversity (1i) Area between Low Tide Line and the high Tide Line; CRZ III: Areas that are relatively undisturbed and include coastal zone in the rural areas (developed and undeveloped).

Ll

D

0

0

0

0

0

0

~ .....

Performa B- Control list* (Tick One Box)

Level-1 (Low Impact) Activities Level-2 (Medium Impact) Activities

iBuildings- Construction and repair D Irrigation channels: Construction and maintenance

Ponds/Tanks/Wells/Canals: Construction, de-D

Roads/bridgesl culverts/: Construction an d silting, cleaning repair Public amenities and places: Con struction,

0 . Sanitation: Collection and management of

operation and maintenance solid ft liquid waste Minor and micro-irrigation: Construction and

0 Storm-water drains: Construction and repair maintenance Health Institut ions: Managemen t of sanitation

0 Meat and fish products: Production and

and hygiene marketing Fairs and festivals: Organization and

0 Tiny and small industrial activities:

management Establishment and expansion

Ferry: Operation and maintenance of ferries 0 Pisci-culture: Development and extension

Agriculture IHorticul turel Social Forestry: 0

Drinking water supply: Implementation and Management and extension maintenance

D Animal husbandry ft diary farming:

15

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

agement and extension

jng and quarrying

'Note: If any of the above activities irrespective of the level they are classified under, involve Land acquisition, it should be done only as per process described in the note entitled "Land acquisition process requirements", This note has been provided at the end of Performa E: Mitigation Guidelines as well as in the "Notes" section of Performa F: the LESA format. Further, both the above proformas also contain a short section on "Guiding Principles for maximizing benefits to Vulnerable Groups", LSGs are encouraged to examine the project idea closely to see if these features can be suitably built into the same in order to enhance its benefits to vulnerable groups.

16

Page 17: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

E&S Clearance and Compliance Format for GPs (Periorma C)

Village: GP: Taluk: Title of Proposed Activity: Proposed date of commencement of work:

1. Does any item in the Regulatory list apply to the proposed activity?

2. If yes, have necessary permissions been obtained?

3. Does any item in Level 1 of Control List apply?

4. Does any item in Level 2 of Control List apply?

MITIGATION PLAN

District:

DYes DNo

DYes DNo 0 NA

DYes DNo

DYes DNo

Likely Environmental Risks Mitigation Measures!o be adopted

Additional cost on account of mitigation measures added to overall project cost, if any: Note: Use EnvironmentalMitigation Guidelines (Performa E) in case of Level-1 activities or LESA reporf(Performa F) in case of Level·2 activities to fill in the above section. Write N/A if answers to questions 2 and 3 are 'No'

Filed by: Implementing Officer

Working Group Chairman

APPROVALS

o Cleared 0 Not cleared Chairperson, GP Committee

o Cleared 0 Not cleared Chairperson, TAG

o Cleared 0 Not cleared Chairperson DPC

COMPLIANCE VERIFICATION

(Signature)

(Signature)

(Signature & Comments)

(Signature & Comments)

(Signature & Comments)

Verified that all mitigation measures proposed have been 0 implemented I 0 not implemented to my

satisfaction.

Additional comments, if any:

17

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Signatures: Block Engineer

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

GP Engineer

E&S Clearance and Compliance Format for Municipalities (Performa 0)

Village: GP: Taluk: District: Title of Proposed Activity: Proposed date of commencement of work:

1. Does any item in the Regulatory list apply to the proposed activity? LlYes LlNo

2. If yes, have necessary permissions been obtained?

3. Does any item in Level 1 of Control List apply?

4. Does any item in Level 2 of Control List apply?

MITIGATION PLAN

LlYes LlNo Ll NA

LlYes LlNo

LlYes LlNo

.~~~~~~~-,~~~~~~--------

f-_~~_L_ik_e,--,IY,--En_v __ ir_o __ n_m_e,-n_t_al_R_i.sc..k_s~~ ____ --1I Mitigation Measures t~_b __ e __ a .... d-,-oPLt--,e __ d __ ~~~"""

Additional cost on account of mitigation measures added to overall project cost, if any: Note: Use EnvironmentaCMitigation Guidelines (Performa E) in case of Level-1 activities or LESA report (Performa F) in case of Level-Z activities to fill in the above section. Write NI A if answers to questions Z and 3 are 'No'

Filed by:

APPROVALS

Implemen ting Officer

Ward Committee Chairman

Ll Cleared Ll Not cleared

Chairperson, Standing Committee

Ll Cleared Ll Not cleared

Chairperson, Municipal Council

Ll Cleared Ll Not cleared

Chairperson TAG

Ll Cleared (j Not cleared

Chairperson DPC

(Signature)

(Signature)

Ll Forwarded to MC for approval

(Signature & Comments)

Ll Forwarded to DPC for approval

(Signature & Comments)

(Signature & Comments)

(Signature & Comments)

18

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COMPLIANCE VERIFICATION

Verified that aLL mitigation measures proposed have been LJ implemented I LJ not implemented to my

satisfaction.

Additional com men ts, if any:

Signatu res: Block Engineer Municipality Engineer

EfrS Mitigation Guidelines for Level-1 activities (Performa E)

Miti ation Guidelines I Best Practices :. Identification and use ofland for construction should be in compliance with the provisions

given in the regulatory list i. Optimize land use through appropriate design and plan

r:-.:-_--:-___ -,:--,:--:-__ '--._S'-e'-'e_k-'c--'le.;..:ar.;..:...;.an_c~e on design and plan by qualified~cl_'V1_'I_e_n~in_e_e_r __________ -I Natural resource depletion • Optimize use of construction material

• To the extent possible, minimize Ihe use of >mod • Do not use soil for construction from agricultural lands

i. Adhere to Ihe regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks, concrete roofing tiles, and

bamboo reinforcement, etc. to the extent possible. • Use efficient technology for internal systems such a~ lighting, cooling/space heating,

cookin ,rcfri eration. etc. • Obtain pennit for tree felling, as per rule • Include compensatory planting with at least twice the number of trees felled as a

i--____ -,-_____ +-_,;;"co:.;;m:;::L0"'n=cnt in the construction Ian : Waste generation • Plan and adopt solid and liquid waste disposal system including re-use of relevant waste ___________ ...... __ '--_m_a_te_n_·al, where ossible.

I PondslTankslWells/Canals: construction, de-siltin2, cleaning

I Adverse Impact Mitiglltion Guidelines / Best Practices I Loss/wastage ofland • Selection of the most appropriate location with respect to the watershed

• Prepare detailed lay-out plan for main and subsidiary activities i Land clearance • Confme the clearance according to the lay-out plan ! • Amend the lay-out pIllll, if necessary, to protect critical trees and landforms

I Tree felling • Obtain pennit for tree felling, as per rule

• Include compensatory planting with at least twice the number of trees felled as a component in the construction plan

• Loss of top-soil • Collect, conserve and re-use appropriately on barren I wastelands j Bank failure/caving in • Reinfol"'I011llO'" , of s ide walls : Accumulation of excavated - Collect and re-use appropriately material ICommunity conflicts • Consensus building

jPublic amenities and places: construction, operation and maintenance' ~dverse Impact M,:::"t=iil!: =:a:::'ti=o=n=G::':':'u,-' d-e-li-n-es-' ..... B-e-st-P-ra-c-ti-c-es--

ILossofland, congestion & • Optimize land use through appropriate design and plan loss of open space _ Seek clearance on design and plan by qualified civil engineer Depletion of natural resources. Optimize use of construction material

• To the extent possible, minimize Ihe use of >mod i. Do not use soil for construction from agricultural lands

- Adhere to Ihe regulatory list during selection of water source for construction. • Use eco-friendly construction material, such as fly-ash bricks, concrete roofing tiles, and

bamboo reinforcement, if possible. f::-,_-:--:-___ -:----:-__ i--_mUse efficient technology for internal systems such as lighting ... Littering & poor aesthetics • Placement of waste bins and display boards

• Ensure timely and r~gular collection and appropriate disposal

19

Page 20: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Solid waste ~eneration • Water stagnation • Contamination of water • bodies i.

Fugitive emission • Nuisance to residential houses i. Tree felling I-Emissions and effluent • discharge due to mechanized systcms

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

Ensure collection, segregation, management and appropriate disposalof solid waste I Ensure adequate provision of drainage and soak pits dul~ maintained on ll. periodic bll~ Prevent discharge of\,lIaste water into water bodies without adequate treatment. I Obtain necessary ~rmits from competent authorities wherever ap2licable. Develop green-belt using local s~cies of plants & trees i

Maintain distance norms, compl~ with noise rlOllution regulations I Obtain permit for tree felling from the State Forest Department and include compensatory

planting with at least twice the number oftrees felled as a component in the construction plan Ensure emission control through relevant equipment as well as compliance with standard norms (such as stack height, etc.) and through appropriate effluent treatment systems

Minor and micro-irri ation: construction and maintenance b--c:_--;-A...:;d_v..=-er.se 1m act Mitigation Guidelines / Best Practices

• Make appropriate provisions in drainage plan to compensate for the break in natural drainage

f.-___ ---,_--:_-::-__ ,..-._H_av_ethe plan approved by agualified civil e.__ng""in=ce::,:r'-_--, ____ ------------l i Super saturation of soil, • Provide for apJropriate regUlation of water distribution, preferably through 'reduced aeration & poor :. Participatory Irrigation Management '0 erational efficienc Poor upkeep, siltation and _ water sta ation Natural Resource depletion :.

Ensure periodic maintenance and d!siltation

Comply 'With applicable regulations and nerms, obtain necessary permits and control natural resource extraction and s I domains

Health f nstitutlOns: managemt!nt 0 samtatlon an dh y'glene Adverse Impact Mitigation Guidelines / Best Practices

i Accumulation ofbio-medical • Facilitate segregation, storage, management and safe disposal waste • Obtain necessary permits and install appropriate facilities such as incenerators, ifrequired Accumulation of domestic - Fadlitate segregation, storage and management waste • Obtain . permits Inadequacy of toilet facilities - Ensure sufficient number of toilets, adequate water supply and effective periodiC 1& maintenance maintenance • Water stagnation & • Construction of soak pits and periodic cleaning of premises ltInl1rgicnil:premises -

r::-:_-:--'--:-'--'C--"--"-~ __ -t-___________ M_'__'_it;..;.i""a'___tion (;uidelines / Best Practices Littering & waste • Placement of appropriate and adequate waste bins

accumulan~·o~n~~~ ___ 4_--~---.. _c~-~_:_-- ____ ~--:-~------... ~----------- __ --~ Inadequate sanitation • Ensure provision of adequate numbers

'-Dust & noise pollution

Risks, accidents & hazards •

.1. '''''/l{orticuitu: Adverse Impact

Soil erosion and soil quality • deterioration ; Loss/reduction of species • Indiscriminate use of water • Sale and use of banned In on • I permitted pesticides Unsafe handling of pesticides --

Also provide at least 30 days advance notice to local Health Officer or competent authority I

and provision fur sanitation facilities, water supply, lighting, fire extinguishers and first aid Maintenance oflawn, optimal water sprinkling and enforce noise level stipulations, for I example, through placement of increased number of loud-speakers at regulated noise : levelS ; Maintenance of exit routes, placement of exit-display boards & p"hli('i7P emergency I

preparedness plans

'UI"~UY: mana~ement and i

Mitigation Guidelines / Best Practices !

Ensure soil conservation measures and use of organic soil nutrientsimanures I

Ensure species diversity and prevent introductioll of alien species I Promote group funning and participatory irrigation Adhere to the regulatory list of use of banned pesticides (WHO Class I a, I b and II)

I Maintain proper storage facilities for pesticides i

Stock and promote sale of safety gadgets to be used while handling pesticides

20

Page 21: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Ecosystem imbalance rue to • Promote only locally adaptable species & pest management n....,'''''',.o spread of invasive alien crops • Provide soil testing, fertilizer recommendation, pesticide safety services to member farmers & improper pest management • Do not use fertilizers without lSI mark certification

I UYl'UUJI for ferries Adverse Impact Mitigation Guidelines I Best Practices

Littering & pollution of water Awareness building and regulation of the use of mechanized boats

~s Risk of accident~ Enforce traffic regulation & ensure compliance of preventive measures for safety of humans

land goods.

(Mitigation Guidelines cont'd)

Land acquisition process requirements The project will not use In-voluntary land acquisition in sub-projects using the Project Funds. Land requirements are expected to be small for sub-projects. Land reqUirements, if any, will be met through:

• location of facilities on appropriate public lands;

• direct market purchase (willing seller and willing buyer)5;

• innovative benefit sharing arrangements where feasible; and

• Voluntary land donations of unencumbered lands where the willingness of the contributor is documented and verifiable.

Project will follow due procedures and documentation processes for all land acquisitions. The details of the land acquisition should be discussed in an open forum and compensatory measures if any shared with the local community. Due diligence as part of the ESMF will be exercised to avoid economic displacement as a result of sub-project activities (even when there is no land acquisition). In order to effectively monitor land acquisition, project GPs will: (i) maintain details of all lands acquired for the project; (ii) ensure proper registration and legal transfer of title deeds of procured/donated lands; (iii) Wherever the land is donated by the community, complete documentation will be carried out for the title transfer of the land. For any land donated, there will be an agreement - properly witnessed where by the donor will state that the land is donated voluntarily giving up all rights; (iv) The land donation process should be recorded in a Grama Sabha meeting in the presence of the donor Voluntary land donations6: The project will discourage land donation by poor families and vulnerable groups. The guidelines to be followed for voluntary land donations would include the following principles: (i) Impacts are minor (loss of land less than 10% of holdings), (ii) No physical re-location; (iii) The sub project is not site specific; (iv) The land required to meet technical project criteria must be identified by the affected community, not by line agencies or project authorities (nonetheless, technical authorities can help ensure that the land is appropriate for project purposes and that the project will produce no health or environmental safety hazards); (v) The land in question must be free of squatters, encroachers, or other claims or encumbrances; (vi) Grievance mechanisms must be available; (vii) Verification (for example, notarized or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land.

5 Where access requirements are needed, these should be guaranteed by the title holder 6 If any loss of income is envisaged, verification of voluntary acceptance of GP/community-devised mitigation measures must be obtained from those expected to be adversely affected.

21

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

Guiding principles for maximizing benefits to vulnerable groups

• Sub Project design shouLd ensure that maximum number of vuLnerabLe groups benefit (STs, SCs, Women, BPL families etc.)

• To the best extent possible employment opportunities emerging out of sub projects should

benefit local communities and particularly vulnerable groups in the locality

(Performa F)

Format for Conduction of Limited Environmental and Social Assessment (LESA) for Level-2 activities

Name of the Project

PrOject Code . Name of the Local Government Location of the Project ,Place Name iWard Nos ....... OutLay ft Duration Outlay·Rs. puration: ........... iN:)"ths

Evaluation of the project Objectives Components Resource requirements Technology

'--____ ~ ______ E'--n_Vl_·r_o'--n'--m_ental Impact Scenario

Ll IMPACTS ON AIR (Tick if applicable) IExpected Impacts (Tick applicable impacts and fill corresponding cells) Mitigation proposed

~,and particulate matter in the air Ll Smoke and fumes I Ll Erosion of land due to air velocity ILl Any other (specify) I

Ll IMPACTS ON WATER (Tick if applicable) Expected Impacts (Tick applicable impacts and fill corresponding cells)

Ll siltation in water bodies

22

Mitigation proposed

Cost

i

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'D Reduced availability of water

D Erosion of soil / land due to run-off

D Depletion of groundwater D Depletion of water in surface water bodies

D Reduction in groundwater re-charge capacity

D Discharge Solid and liquid waste or other pollutants into water bodies

D Any other (specify)

D IMPACTS ON LAND (Tick if applicable)

Expected Impacts (Tick applicable impacts and fill corresponding cells) Mitigation proposed Cost

D Disfiguration of landscape due to land modification or soil erosion

D Disruption in services / utilities

D Break or interference in natural drainage

D Interference with existing drainage pathways leading to waterlogging

D Dumping of waste or littering in open areas

D Solid or liquid waste discharge

D Loss of open space

D Loss of topsoil and impacts pertaining to soil erosion

D Soil quality deterioration

D Any other (specify)

D IMPACTS ON HEALTH AND SAFETY (Tick if applicable)

Expected Impacts (Tick applicable impacts and fill corresponding cells) Mitigation proposed Cost

D Accumulation of domestic waste (solid & liquid)

D Accumulation of bio-medical waste

D Inadequate maintenance of public toilet facilities

D Risk of accidents and hazards

D Hazard of vector borne diseases

D Hazard of communicable diseases

D Hazard of increased disease burden due to inadequate sanitation

D Absence or inadequate use of occupational safety equipment

D Fugitive emissions

D Any other (specify)

D IMPACTS ON BIO-DIVERSITY (Tick if applicable)

Expected Impacts (Tick applicable impacts and fill corresponding cells) Mitigation proposed Cost

D Tree felling without requisite permission

D Threat to endangered or endemic species (plant or animal)

D Obstruction to path of migratory bird species

D Obstruction to natural foraging pathway of any wild animal species

D Obstruction or damage to natural breeding or roosting sites of any wild

species

D Threat from invasive alien species (plant or animal)

D Threat from pests or improper pest management

D Any other (specify)

23

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

lOve"" <ost, if '''Y, of ;mplemenbng '",ommended m;bgat;on measw-o-s --------------1

I

Prepared by Signature: I

Name: Designation/Identity:

Date:

Notes on LESA:

The LESA shall be carried out by the GP Engineer or by an Environmental Expert or an agency using a structured format given in Performa F. A person or agency with experience in teaching or practicing environmental science/engineering, geology, civil engineering or such other related subjects and having a perspective of environmental effects can be engaged for carrying out the LESA. Such people or agency may be available locally or in nearby areas and the local governments may enlist them on a normative search process and engage them. Tentatively, the consultation fee shall be 0.75% of the project cost with a lower limit of Rs. 1,500/-.

24

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The desirable Terms of Reference for conducting an LESA could be the following. • Identification of the project activities / components that couLd have critical

environmental and social implications • Identify the impacts of these activities on various environmental components such as

land, surface and groundwater, air quality, noise level, flora and fauna and social development and their aspects

• Examine whether any in-built mitigation measures happen to be present in the project • Identify possible risks and aCCidents, due to project activities and suggest ways and

means to preventing the same • Consider alternatives to the project, if any, especially in respect of project location

and technology and compare the risks associated with the alternatives • Suggest appropriate mitigation measures for reducing/offsetting the environmental

effects of the project • Determine the cost involved for implementing mitigation measures, if any

The mitigation measures evolved for potential environmental impacts, risks and accidents shall be incorporated into the Project proposal by the Working Group with the help of the Block Engineer and LSG Engineer.

Further, in case the sub-project involves any kind of land acquisition, the foLLowing process is to be adhered to:

Land acquisition process requirements: The project will not use In-voluntary land acquisition in sub-projects using the Project Funds. Land requirements are expected to be small for sub-projects. Land requirements, if any, will be met through:

• location of facilities on appropriate public lands; • direct market purchase (willing seller and willing buyer)7; • innovative benefit sharing arrangements where feasible; and • Voluntary land donations of unencumbered lands where the willingness of the

contributor is documented and verifiable.

Project will follow due procedures and documentation processes for aLL land acquisitions. The details of the land acquisition should be discussed in an open forum and compensatory measures if any shared with the local community. Due diligence as part of the ESMF will be exercised to avoid economic displacement as a result of sub-project activities (even when there is no land acquisition). In order to effectively monitor land acquisition, project GPs will: (i) maintain details of aU lands acquired for the project; (ii) ensure proper registration and legal transfer of title deeds of procured/donated lands; (iii) Wherever the land is donated by the community, complete documentation will be carried out for the title transfer of the land. For any land donated, there will be an agreement - properly witnessed - where by the donor

7 Where access requirements are needed, these should be guaranteed by the title holder

25

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

will state that the land is donated voluntarily giving up all rights; (iv) The land donation process should be recorded in a Grama Sabha meeting in the presence of the donor Voluntary land donations8

: The project will discourage land donation by poor families and vulnerable groups. The guidelines to be followed for voluntary Land donations would include the following principles: (i) Impacts are minor (loss of land less than 10% of holdings), (;i) No physical re-location; (iii) The sub project is not site specific; (iv) The Land required to meet technical project criteria must be identified by the affected community, not by line agencies or project authorities (nonetheless, technical authorities can help ensure that the land is appropriate for project purposes and that the project will produce no health or environmental safety hazards); (v) The land in question must be free of squatters, encroachers, or other claims or encumbrances; (vi) Grievance mechanisms must be available; (vii) Verification (for example, notarized or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land.

Guiding principles for maximizing benefits to vulnerable groups

• Sub Project design should ensure that maximum number of vulnerable groups benefit (STs, SCs, Women, BPL families etc.)

, To the best extent possibLe employment opportunities emerging out of sub projects should benefit local communities and particularly vulnerable groups in the locality

As discussed earlier, the institutional framework in the project for effective implementation of the ESMF will be almost the same as the existing pattern. The few marginal changes that have been made have more to do with providing faCilitation and mentoring support as well capacity building. The actual implementation of the ESMF will be affected through the existing organizational structure as discussed in the earlier section also.

Project Management Unit: Overall coordination and monitoring support will be provided through the Project Management Unit (PMU). The PMU will comprise an Environment and Social Management SpeCialist whose mandate is to ensure correct and effective implementation of the ESMF. Further, at Block level, the project will depute Engineers who will work closely with the GPs and Municipalities in th~ir jurisdiction and provide hands on mentoring support in implementing the ESMF. The EfrS specialist will also monitor the implementation of the ESMF and will provide additional support to areas where the effectiveness of implementation is found to be lacking. The EfrS Specialist will also supervise the ESMF related capacity building activities designed by KILA/SIRD and provide them with relevant technical information. Given below is a snapshot of the various players involved in implementation of the ESMF in the case of GPs and Municipalities, respectively.

Table 1.1: KLGSP Institutional Structure for ESMF Implementation for GPs

8 If any loss of income is envisaged, verification of voluntary acceptance of GP/community-devised mitigation measures must be obtained from those expected to be adversely affected.

26

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Institution Current roles in development Responsibilities with respect to EMF

• KLGSP State PMU •

I

having 1 • Environmental and •

. SociaL Expert .'

planning Project Implementation Overall Management Monitoring

• implementat""io=::n-=--__ -c:-_---c--l

Provide technicaL support to development of capacity building modules

Ward/Grama . !-

Sabha

,-i·

Working Group :.

• Reporting and documentation •

• i.

Conceive ft raise the local needs i. ft issues . Review earlier development pursuits. Prioritize~ subproject .£I"oposals Prepares project proposals based. on inputs from Ward/Grama

Coordinate Capacity building activities on ESMF Institutionalize ESMF process Ensure correct impLementation of ESMF Review ft update ESMF procedures, if required Compile annuaL report on ESMF implementation and compLiance with highlights of environmental gains Raise E&S issues with respect to proposed project, if any

Raise EftS issues with respect to proposed project, if any

I

I

Sabha • Undertakes screening and mitigation plan preparation. ! • Prepares DPR

GP Committee !- Conducts Development Seminar and prepares final subproject plan

GP Engineer • Oversees all technical work and works execution

:. Provides technical guidance to GP Prepares DPRs

• • • •

Cross·verifies ESMF implementation

Prepares DPR Screens project and prepares mitigation plan Forwards DPR to GP Committee for onward processing Oversees and supervIses work 10 progress mcludmg ESMF compliance and manages contractors

f=---:'~--;----+:-;-;---------_-----r-·.-~Verifies ESMF compliance Block Engineer NA • Provides mentoring support to Ward/Grama Sabhas,

Working Group, GP Committee, GP Engineer, TAG and DPC

• Supports in ESMF implementation

I

Technical Advisory • Group (TAG)

Ensures compliance to mandatory guidelines

Provides support in Capacity Building'L-. ____ ----i Ensures ESMF compliance

District Planning • Committee (DPC) •

Ensures compliance to technical guidelines and ESMF Verifies costing ft phasing of projects Suggests innovation ft integration possibilities Sub-group Gives technical sanction to projects Project approval Plan integration

• •

• •

Examines the accuracy of impact assessment ft adequacy of mitigation measures Addresses inter-sectoral environmental conflicts, if any Recommend EftS clearance to the project Extend support as resource persons for capacity building on ESMF

Issue EftS clearance along with Project approval Conduct annual review

L-_____ ~"___ ... _____________ ____"'_._..:::S_u~.i<ggiiLe=_=s:.:.t __ m __ o:..cd~if_ications, if any, in EMP

Table 1.2: KLGSP InstitutionaL Structure for ESMF Implementation for Municipalities ,institution Curren troles in development

KLGSP State PMU • having 1

Environmental and • Social Expert

planning mplementation Project I

Overall M Monitorin Reportin

anagement g

g and documentation

• : • i· • • •

Ward Sabha • Conceive ft issues

ft raise the LocaL needs •

arLier developmen~ -• Reviewe

27

Responsibilities with respect to EMF implementation

Provide technical support to development of capacity building modules Coordinate Capacity building activities on ESMF Institutionalize ESMF process Ensure correct implementation of ESMF Review ft update ESMF procedures, if required Compile annual report on ESMF implementation and compliance with highlights of environmental gains Raise EftS issues with respect to proposed prOject, if any

Page 28: Environmental and Social · lays down simple but effective procedures for verifying the correctness of implementation and documenting compliance status vis-a-vis mitigation measures,

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

bommittee

pursuits.

•• j,. EftS issue. with cespeet to pmpo,.d ",oject, i,l • :Prioritizes subprojec~ plans

• Prepares project proposals based •

I on inputs from Ward/Grama any I

Sabha Standing • Conducts DeveLopment Seminar • Cross-verifies ESMF implementation

I Committee and prepares final subproject plan

. . iMunlClpal CouncIL. Conducts Development SemlOar •

and prepares finaL subproject

.. Cross-venfles ESMF ImplementatIon

Technical Advisory • Group (TAG)

plan Ensures compLiance to mandatory guidelines Ensures compliance to technical guidelines and ESMF

• •

Ensures ESMF compliance .... ~i Examines the accuracy of impact assessment Ii adequacy of mitigation measures Addresses inter-sectoral environmental conflicts, if any

I

i

!.

!.

District Planning I·

Committee (DPC) !.

Verifies costing Ii phasing of projects Suggests innovation Ii integration possibilities Sub-group Gives technical sanction to pro· ects Project approval Plan integration

• •

Recommend EliS clearance to the project Extend support as resource persons for capacity building on ESMF

• Issue Environmental clearance aLong with Project approval

• Conduct annual review with respect to environmental gains, in general, District level ESMF Compliance Report, in particular

Engineer • ~_-:--:--:-_:----:--t~ggest modifications, if any,in_EM_P:----:-::-_-;-:--;-:_-.;

Oversees all technical work and. Prepares DPR including mitigation plan if applicabLe works execution • Forwards DPR to Standing Committee for onward

• Provides technical guidance to processing the SC/MC/DPC • Oversees and supervises work in progress including

• Prepares DPRs ESMF compLiance and manages contractors

;--:----+-:--:---------------t--.~ Verifies ESMF compliance_--:-c---:-::---:--,-_-:-----c_-t Block EngineerNA • PrOvides mentoring support to Ward Sabhas, Standing I

Committee, Municipality Engineer, MC and DPC I • Provides support in ESMF implementation i. Provides support in Ca acity Buil~ing I

Considering that there will be several players associated with the task of ESMF implementation, it is important to ensure that all concerned have adequate capacity to discharge their respective roles effectively. Accordingly, a capacity building plan has been developed to achieve this objective. All capacity building activities under the project will be conducted as part of Component 2 and will be implemented by KILA and SIRD. Given below are the major ESMF related trainings suggested under the project:

The indicative training module as part of Capacity Building Plan is given hereunder: Module Key participants Themes Schedule

ESMF-l • Ward members • What is environment Block level training General • Elected LSG members • Environmental and Social issues in Kerala every year

orientation on I I. GP/Municipality Officials • Major prevailing EliS issues

Environmental DPC Members • Typical EliS impacts of village activities issues Municipal Council • How can we safeguard against EliS

Members impacts Half • How the project seeks to address

I environmental and social issues

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ESMF-2 Orientation on ESMF

1 day

-::;, ..... ESMF-3 Specialized training on EMF

2 days

ESMF-4 iOrientation on

EMF Half day

• State PMU, KLGSP

• Elected members

• GP I Municipality officials

• DPC b Mem ers

•• TAG members

• Block Engineers

I

I: Working Group members

LSG Engineers

• Block Engineers

•• GP/Standing Committee members

• TAG members

i

I' State PMU and relevant LSGD Officials

I

•• Overview of regulations pertaining to

II E&S issues relevant to LGs.

• Role of LGs in the context of t f E&S . t

i managemen 0 lmpac s

:. Overview of E&S assessment

i· Overview of E&S mitigation planning

• Overview of ESMF

• E&S regulations

• Overview of ESMF

• E&S screening

i- E&S mitigation planning

• Conduction of LESA

• Preparation of E&S mitigation plans

• Integration of costs in mitigation plans

• Compliance verification procedures

• Monitoring of E&S implementation

• Overview of E&S assessment

• Introduction to ESMF procedures

• Overview of environmental mitigation

planning

I. MUllitu(ing of ESMF implementation

Block level training in Year-1 followed by refresher training once in two years during the project

: period

Block level training in Year-1 followed by

refresher training in year-3 during the

project period

State level training in Year-1 followed by refresher training in Year-3

As mentioned earlier, the training activity shall be undertaken through the Kerala Institute of Local Administration, a premier training organizations under the Local Self Government Department (LSGD), Kerala. The State Institute of Rural Development (SIRD) and its five Extension Training Centres (ETC) under the LSGD, could also playa major role in extending the training to the entire state. The Environment and Social Safeguards Specialist shall assist and oversee the preparation the training materials on various themes by KILA and SIRD.

KILA and SIRD at present do not have any faculty in the field of environment and social issues. Therefore, they will have to outsource to suitable external experts or firms, the task of preparing the training modules and training of trainers. The Environment and Social Safeguards Specialist from the state PMU will provide all the necessary support and assistance to KILA and SIRD in procuring services of a good expert or firm. The budget pertaining to implementation of the capacity has been included in section 5.6.

An appropriate monitoring mechanism is necessary to ensure the following:

• To verify and confirm whether ESMF related capacity building is taking place and is effective

• To confirm that the ESMF is implemented satisfactorily;

• To ensure that compliance to mitigation measures is taking place

• To learn from experience in order to improve the EMF process and practice.

• To provide relevant ESMF implementation related information to the Annual Performance Assessment mooted under this project

• To verify whether adherence to ESMF is actually translating to benefits to the Environment in the field

• To generate relevant information that feeds into the project's Results Framework

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Environmental and Social Assessment Report Kera/a Local Government Strengthening Project

Following are the main components of monitoring mechanism proposed under this project: • Surveillance and supervision to oversee adherence to and implementation of ESMF,

particularly the following aspects: a Capacity BuHding activities a Extent of usage of ESMF procedures by the LSGs a Extent of compliance with ESMF recommendations in LSG works

• Annual Performance Assessments

• Mid-term and End-of-Project Environmental Audits

We discuss these in detail below.

Surveillance and supervision of all ESMF implementation and compliance related activities will be undertaken by the Environment and Social Safeguards specialist in the PMU. Some of the work undertaken in these respects will include:

• Maintaining a record of number of ESMF related trainings taking place, number of persons trained and number of certificates issued. Information on the quality of trainings and effectiveness of the trainings on participants will also be collected through one to one interactions on a feasible sample of trainees from each of the trainings conducted.

• Review from time to time, on a sample basis, whether Proformas C and D are being filed correctly or not. If not, take appropriate remedial action. The recommended sample size is to cover at least 5% of the number of GPs / Municipalities on a quarterly basis, to whom Block Grants are disbursed from Year 3 onwards subject to a minimum of 10.

An Annual Compliance Report (ACR) on ESMF will be filed every year by the E&'S Safeguards Specialist in the PMU summarizing the findings and actions taken on the above aspects and submitted tIl Project Director. The report will be shared with The World Bank.

Adherence and compliance to ESMF has been made one of the criteria that contribute to deciding any LSG's eligibility for receiving performance grants as assessed by the Annual Performance Assessment (APA). Though the exact methodology and approach for carrying out the APAs will be worked out only later, from the point of view of ESMF compliance, it is envisaged to be akin to an exclusive Environmental Audit of each concerned LSG. The primary aspects that could be assessed for any given review period are as follows:

• Knowledge, capacity and skill level of concerned LSG functionaries, officials and technical personnel with respect tIl ESMF

• Number of activities to which the ESMF was applied

• Whether the Screening procedure (including lESA, if applicable) was correctly followed

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• Correctness or aptness of the mitigation measures recommended • Whether deficiencies, if any, in screening or mitigation planning were identified at TAG

or other levels and pointed out at later stages of the environmental clearance process • Whether compliance verification procedures were correctly followed

• Degree of compliance with recommended mitigation measures during works execution

The objectives of the ESMF related portion of the Annual Performance Assessment will be as folLows:

1. To determine the extent of effectiveness achieved by the concerned L5G in respect of ESMF implementation and compliance, with specific reference to:

a. Assimilation of ESMF related knowledge and skills by relevant LSG functionaries and officials

b. Extent of accuracy in application of ESMF procedures in routine project approval process

c. Extent of correct appLication of compliance verification procedures 2. To assess if this has translated into any significant results on the ground 3. To allocate a numerical rating to the concerned LSG that suitabLy captures its degree of

adherence and compliance to ESMF

Since the Annual Performance Assessment will appLy to aLL LSGs, a methodology and rating system will be deveLoped that can be applied uniformLy.

In any project involving ESMF it is important to obtain an overall picture of the performance and effectiveness of its implementation, particularly with respect to Lessons learned for purposes of improving effectiveness of implementation as weLL as for use in similar future projects.

The Annual Performance Assessments, described in the earlier section, will appLy individually to a singLe LSG at a time. They will provide a numericaL score based on its performance vis-a­vis the ESMF, which will help in deciding allocation of the performance grant to various LSGs. However, the APAs will not be able to provide an overview of the status of ESMF implementation in the entire project. Even though the APAs will evaluate several aspects pertaining to ESMF implementation, the results will be appLicabLe onLy to the L5G Level. In order to build a macro level picture vis-a-vis ESMF impLementation for the project, findings of several APAs may have to be compiled, coLLated and anaLyzed to get the macro-leveL picture. This may have to be further corroborated by additional primary information collected through various means.

In view of this, two Environmental and Social Audits of the project by an independent external agency are recommended: one after mid-term and the other at the end of the project period. While part of the purview of this audit will be similar to that of the Annual Performance Assessments (as mentioned in section 1.5.4), the added dimension here wouLd be to assess the

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Environmental and Sodal Assessment Report Kerala Local Government Strengthening Project

effectiveness of the ESMF in actually safeguarding the Environment and preventing harm. The auditing agency will come up with cases where it will quantify the damage that could have been caused had the ESMF not been implemented.

The mid-term Environmental and Social Audit will focus on correctness of appLication of procedures. It will depend on a random sample of LSGs (GPs as well as MuniCipalities) across the state and on information generated from APA exercises. This is because the implementation of the ESMF would only have been newLy introduced and effects in the field, if any, would not be significantly visible by that time. However, there would be useful information on deficiencies, if any, in the ESMF procedures or implementation. Given below are some important points that couLd be its purview:

• Knowledge, capacity and skill level of concerned LSG functionaries, officials and technical personnel with respect to ESMF

• Number of activities to which the ESMF was applied • Whether the Screening procedure (including LESA, if applicable) was correctly followed

• Correctness or aptness of the mitigation measures recommended • Whether defiCiencies, if any, in screening or mitigation planning were identified at TAG

or other levels and pointed out at later stages of the environmental clearance process

• Whether compliance verification procedures were correctly followed

• Degree of compliance with recommended mitigation measures during works execution • Recommendations for improving effectiveness of ESMF and its implementation

The recommendations of this audit will be useful in improving the effectiveness of the ESMF over the balance period of the project. The second and final Environmental and Social Audit will focus on results achieved and benefits accrued. It will assess:

• Effect, if any, of the improved procedures implemented post mid-term Environmental Audit

• Estimate of quantum of harm from which the Environment has been safeguarded based on a random sample of selected LSGs.

• Recommendations for further improvement in ESMF systems and procedures for future projects

Some indicators on which data I information are to be compiled for overall assessment of ESMF impLementation are as foLLows:

• Module -wise number of ESMF trainings organized

• Number of persons tra'ined in ESMF implementation categorized by (i) Elected representatives, (ii) Officials, (iii) Technical Personnel,(iv) Independent members

• Number of LSGs rated as good in ESMF implementation by APAs

• Number of LSGs rated as good in ESMF compliance by APAs

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• Number of cases wherein projects were not approved due to Regulatory considerations

• Number of LESAs conducted

1,' ...... t The budget for ESMF implementation has the following components:

1. PMU Component consisting of salary and operational expenses of Environmental and Social Safeguards Specialist

2. Capacity Building component to be mainly provided to KILA/SIRD under Component 2 of the project. This will have the following SUb-components:

a. Cost of hiring an Environmental Specialist in KILA/SIRD on a short term, part time contract to oversee development of training modules and training schedules

b. Cost of developing training modules (to be outsourced to specialist agency) and training material including translation

c. Cost of printing training material d. Training Costs: these will be part of KILA's normal training budget and hence no

funds are expected from the project 3. Cost of mid-term and end-of-project Environmental Audit

The overall budget will be as follows:

Training Component

1. PMU Component

i

. E&S Specialist for 5 years

ESMF Surveillance costs

APACosts

JUp .... ""'V, of training material preparation

Amount INR

27,00,000

30,00,000

3,15,90000 ,

2,10,000

Remarks i

@INR 45,000 per month for 5 years~ @ INR 50,000 per month for 5 years .

@ INR 10,000 per LSG, for 1053 LSGs . for 3 years I

6 months @INR 35.000/- per month i

. 2. i Capacity BuHding i Training module & material 10,00,000 I 4 month contract

i

preparation

Training material printing 2,00,000 Work order 3. Environmental Audits Midterm audit 20,00,000 4 month contract

End-of-project audit 20,00,000 ' 4 month contract

TOTAL 4,27,00,000

The training materials shall be prepared by engaging appropriate consultants and vetted by the experts in the State PMU for KLSGP. These materials shall be printed and made available to all the local governments. In addition, this shall also be made available in the website of KLGSP for quick reference and downloads.

The Environmental Assessment Report of the Kerala Local Government Strengthening Project was placed for Stakeholder Consultation at Thiruvananthapuram and Kozhikkode on 18.6.2009 and 19.6.2009 respectively. There were 49 participants at Trivandrum and 32 at Kozhikkode. The stakeholders included elected representatives of Urban and Rural Local Governments,

33

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Environmental and SOcial Assessment Report Kerala Local Government Strengthening Project

State and District level Government Officials, Academics, representatives of Non Governmental Organizations, environmental activists and experts in democratic decentralization. The minutes of both the stakeholder consultations are given as Annexure IX. The corrections suggested by the participants were examined and incorporated. The suggestions and opinions aired by the partiCipants were examined and incorporated to the extent possible.

Another Project Disclosure Workshop was held on Nov 2010.

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Chapter 2 SodalSafeauards VuLnerabLe Groups DeveLopment Framework (VGDF)

2. 1. Introduction 2.1.1 The KeraLa LocaL Governments Strengthening Project will operate throughout the State of KeraLa deaLing with all LocaL government bodies (save and except large Municipal Corporations).

2.1.2 The security of Life and sustainabLe livelihood is one of the resurfacing issues in the deveLopment discourse. This issue is rising because certain groups in the society - termed VuLnerabLe Groups (VGs) - are deprived of basic needs and Lacks to fully enjoy the wide range of human rights. VGs are disadvantaged as compared to others mainLy on account of their reduced access to habitat, heaLth, sanitation, education, Livelihood opportunities, politicaL participation, etc. The premise is that the chances of sustainable livelihood and social security must not be unfairly disadvantaged because of sex, class, religion, caste, sexual orientation, ethnic identity, disability, health status, civil, political, social or other statuses. In Indian context, there are multiple socio-economic disadvantages that members of particular groups experience which limits their access to Livelihood options and secured life. This document looks into the decentralization initiatives in Kerala for the vulnerable groups.

2.1.3 The 73rd and 74th Amendments to Indian Constitution has brought enormous opportunities for the hitherto excluded poor and marginalized sections of the population through building democratic structures at the grass roots level (e.g. Village Assembly), and reservation of seats for women, SC, and ST. The Amendments also mandated Local Self Government Institutions (LSGls) to plan for local economic development and social justice. The very purpose of social justice can be attained only through the inclusion of excluded; the vulnerable groups. The decentralization of power or planning from below would benefit the vulnerable groups whose voice were not heard earlier and denied opportunities. By conceiving this in letter and spirit, Kerala has launched the decentralization specifically targeting the vulnerable groups.

2.2 Targeting the Vulnerable Groups through Decentralization 2. 2.1 Following the Constitutional Amendments, the Government of Kerala made legal, fiscal, and administrative reform on decentralization. With the legal backing for decentralization, launched a massive participatory programme during the 9th plan period under the banner 'People's Plan Campaign' (PPC). The methodology evolved through PPC has been successfully followed even now as an effective mechanism to deliver basic services to the poor and addressing the issues of vulnerable groups. The policy and systems have been spiraled over the period targeting the Vulnerable Groups intensively. One of the priorities of 11th five year plan (2007-2012) for LSGls is social security, which states that: "While attempting to bring about economic development, social justice would be the overarching

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

concern. The direct attack on poverty wouLd be intensified, moving on to inclusion of the sociaLLy and economicaLLy marginalized and excluded groups". (Govt. of KeraLa, 2007). The initiatives to address the issues of the vuLnerabLe groups directLy through LSGls under the peopLes planning process are:

• TribaL sub PLan (TSP) for tribaL groups

• SpeciaL Component pLan (SCP) for scheduLed castes

• Women component PLan (WCP) earmarking 10% of pLan funds to meet specific needs of women

• Aashraya for rehabilitation of destitutes

• Anti poverty sub pLan (APSP) for provision of sites to LandLess families

• Disadvantaged groups (reserving 5% of budget) for physicaLLy challenged and eLderLy

2.2.2 Special Component Plan (SCP) and Tribal Sub-Plan (TSP) 2.2.2.1 The SCP and TSP are the two major programmes that seek to address the probLems of ScheduLed Castes (SCs) and ScheduLed Tribes (STs) respectiveLy. The SCP and TSP were introduced way back in 1975 with the objective of formulating a plan appropriate to the scheduled communities. FoLLowing the Constitutional Amendments, KeraLa took a crucial step forward at the time of ninth five-year plan by transferring to the LSGls the responsibilities of formulation and impLementation of SCP and TSP. AccordingLy two-third of the allocations for SCP and TSP were earmarked for the LSGls under successive annual plans. The LSGls began formulating and implementing SCP and TSP with people's participation. The SCP and TSP follow a separate methodoLogy by preparing plans for each family and habitat on the basis of primary survey and habitat mapping. The plans wouLd be prepared for providing minimum needs of households like housing, sanitation, eLectricity, water supply, street Lights, and other common facilities.

2.2.2.2 TSP represents funds earmarked exclusively for tribaLs (with contribution from State and central funds). Kerala is the only State in the country where substantiaL parts of the Tribal sub plan (TSP) are directly9 implemented by Local SeLf Governments (LSG). Robust and detailed institutional/process guidelines have aLready been prepared by Govt. of Kerala (GOK) for TSP. Hence there is a good opportunity to strengthen access of Tribal groups to these funds by linking TSP performance to the proposed performance assessment system (PAS)10 of the project. The TSP performance is wiLL be measured based on (i) Existence of annual TribaL Sub PLans; (ii) QuaLity of pLan preparation process and (iii) actual implementation resuLts.

2.2.3 Women Component Plan (WCP) 2.2.3.1 A speciaL aspect of decentralized planning in Kerala has been WCP that includes projects aimed at meeting the specific needs of women and raising their status in the society. Apart from providing speciaL consideration for women in generaL projects, a minimum of 10% of the PLan funds must be earmarked for projects on women deveLopment. This wouLd ensure gender equality and social justice.

9 In all other states, these funds are generally under the control of the line departments. 10 Project will implement an independent performance assessment system for participating LSGs. LSGs meeting overall performance standards (including VGDF) will be eligible to receive the performance grant.

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2.2.4 ASHRAYA 2.2.4.1 Ashraya an extraordinary programme for rehabilitation of destitutes has been developed by Kudumbashree. It targets absolute destitutes covering about one to two percent of the population who need continuous handholding for their very survival. The destitute are identified using the criteria developed by Kudumbashree. The Village Panchayats, Municipalities, and Corporations may in addition to the existing programmes for the poor, prepare a Package of Care Services for the destitute families under Ashraya viz.

• Food • Health Care • Assistance to Physically and Mentally Challenged (Disabled)

• House Sites • Housing • Water • Education • Social Deprivation

2.2.5 Anti-poverty Sub Plan (APSP) 2.2.5.1 It aims at providing landless person with house site and site within the first two years of the 11th Five Year Plan. Preparation of APSP is mandatory for all Local Governments. As part of this Sub Plan, a prioritized list of families should be prepared from the new BPL list for providing shelter to all of them. This should be in two parts: Provision of house sites and houses, and Provision only for houses.

2.2.6 Plans for Disadvantaged Groups

2.2.6.1 Creation of conditions conducive for the sustenance of disadvantaged groups -children, aged, physically and mentally challenged persons is a fundamental aspect of development. In view of this, a mandatory minimum allocation of 5% of total plan allocation of LSGls is prescribed by the Government.

2.2.7 Fisher People 2.2.7.1 Responding to the concerns on alienation of traditional fish workers from the customary rights, equity, and sustainability, attempts have been made in decentralization process to address their issues. Appointing a Taskforce on Livelihood Security of Fishing Community during 9th plan had been a modest attempt in this direction. The 11th plan guideline also state: "Traditional Fishermen and other groups facing vulnerability also would get special attention". (Govt. of Kerala, 2007).

2.3 Equity Oriented Devolution of Funds 2.3.1 The devolution of fund is formula-based with zero discretion. The formula is equity oriented with the result that backward Local Governments with a naturaLLy higher proportion of socially disadvantaged groups get larger allocations irrespective of their location or clout.

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Environmental and Social Assessment Report Kerala Local Government Strengthening Project

As mentioned elsewhere, 213rd of the funds under SCP and half of the funds under TSP are devolved to Local Governments on the basis of SC and ST population.

2.4 Deploying Functionaries 2.4.1 Cutting edge level officials up to the district level from the departments of SC Development, ST Development, Social Welfare and Rural Development have all been transferred to Local Governments.

2.5 Proposed Vulnerable groups development Frame work (VGDF) 2.5.1 As can be seen from the above, robust policies and planning systems are already in place in Kerala for vulnerable groups. However, much needs to be done to achieve the desired outcomes in the field. Some of the key constraints observed relate to:

• Inadequate capacity/understanding of implementers

• Lack of awareness among beneficiaries of their rights and responsibilities

• Shortcomings in due diligence in the processes

• Ineffective monitoring, and

• Short comings in adhering to social accountability processes

2.5.2 It is therefore proposed, as a part of the proposed Kerala Local Government Project to lay special emphasis on removing the constraints so that results are achieved on the ground as envisaged in the policy and pLanning process framework.

2.6 Objectives of VGDF 2.6.1 The objective of the VGDF under the proposed project is to incentivize operationalisation of existing policy framework for vulnerable groups (VG) in general and for Scheduled Tribes (STs), ScheduLed Castes (SCs) and Women in particular. This wiLL be achieved through

• Capacity building support

• Measurement and monitoring of performance, and

• Linking access of LSGls to performance grants in relation to their overall performance including performance on VGDF.

2.7 Activities under VGDF 2.7.1 The main activities under VGDF would be:

• Capacity building activities o to familiarize LSGI functionaries with VGDF o focused training on short comings in the present planning & implementation

processes vis-a-vis guidelines

o sensitise them on their importance and relationship of VGDF in the context of the

performance grant system

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• Independent measurement of process and outcomes through specific parameters o Planning:

• Is there a plan? • Plan vs. Entitlement (Have the LSGI tried to access all available resources for

VGs?)

• Is the quality of planning process satisfactory?

o Implementation • Implementation Vs Plan • Have all planned activities actually implemented

for VGs?

• Is the Implementation process satisfactory o Post· Implementation

• Social Audit (Have the outcomes been achieved for VGs?) o Transparency &: Accountability

• Display of citizens charter

• GP report for citizens

2.7.2 The measurements mentioned above will be carried out for TSP, SCP and WCP

during annual independent performance assessments. Capacity building activities would be

continually refined

2.8 Implementation arrangements: 2.8.1 The VGDF will be implemented as per the existing planning process guidelines

issued by Government of Kerala.

TSP planning, implementation &: monitoring guidelines for TSP

IS N 0 I St age i At" c lOn . "bility esponsl

1 • Preparatory i Constitution of working group I Chairman of LSGI

ters

2 Training &: sensitisation I KILA

3 Environment creationllEC • VG Promo -------4

ters ,

;----:-c:---_:-;------1-1 ;;;;;-'.. ... I

HamletlOorukoottam meeting Officer assigned by LSGIIVG I

14 Situation Analysis presentation I I VG Promo discussion with VGs

5 I Planning promoter

116 I Draft Plan preparation-- Chairman of LSGl/Chairman

. of standing committee 7 i Projectisation ------~Working group

1-8::-----l---------,-:D=-r-af=t--,P=l-an----=f.,-in-a-:-:lization (for ZP &: -------4

!

I TP only)

19- ! Development Seminar

10 I Plan fina-:-liz-=a-,-t_io_n ___ _

i 11 ---t----___ -+I--::v,.,-e_tt_inc-g of Plans 112 i Plan Approval

13 I Plan Publicity (dissemination)

39

I DPC I LSGI-· =-Bo-a-rd-:---­

i TAG

I DPC I

I Working GrouplVG promoter i

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Implementation \ Plan Implementation

• Methodology for Inclusion of Excluded

Environmental and Social Assessment Report Kerala Local Government Strengthening Project

I Accredited agency J CBO J I

~~~al Audit . by community I State planning Board/LSGD

! (through its designated i

. agency)

DPC monitoring teams

o Participatory budgeting, following an elaborate methodology which ensures transparency, visibility, inclusiveness, and accountability.

o Special features have been built into the planning process in respect of sectors related to social justice. These include community consultations over and above the Grama Sabha, mandatory inclusion of representative SOCially disadvantaged groups in the Working Groups. Another feature is compulsory preparation of social maps for infrastructure schemes under SCP and TSP showing distinctly benefited SC or ST families and other families.

• Support Systems o A range of support systems which are particularly sensitive to the issues related

to socially disadvantaged groups has been put in place for the planning process. o 1183 social animators from among SCs and 1000 social animators from among

STs for extension activities support community organization and development. o NHG network through Kudumbashree

• Vigilance System o The Vigilance Committees (Jagrata Samitis) at the LSGI level have been

constituted to redress issues related to gender discrimination and atrocities against women.

o ST hamlets are given the full power to decide their needs in the Hamlet Assembly (Ooru Koottam; Ooru meaning hamlet and Koottam meaning Assembly) - a platform specifically accorded for Tribals.

o Social Auditors from among persons of integrity and commitment to the cause of tribal development is also ensured.

• Capacity Building The capacity building activities for democratic decentralization is essential for empowerment and social mobilization. The approach adopted has been long-term investment in people and organisations for building social capital and enlightened citizenry through KILA, with special focus on social justice. Deliberate attempts were made to involve numerous mass organisations and voluntary experts along with elected representatives and officials in the capacity building programmes. GuideUnes, Handbooks and Toolkits have also been in circulation focusing on inclusion of excluded.

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• Status Studies The cutting edge LSGSls will conduct status studies and prepare status reports on Women. Detailed instructions have already been issued for guiding the LSGls for preparing Women Status Report. The census of SCs and STs are also underway to assess their status.

• Liaison with Departments Local Self Government Department (LSGD) will liaise closely with the Women's Commission, the SC and ST Commission, and the Commissioner for People with Disabilities to discuss issues related to the socially disadvantaged groups.

41