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Social Monitoring Report This report has been submitted to ADB by the Externally Aided Project, Public Works Department, Government of Manipur, Manipur. and is made publicly available in accordance with ADB’s Public Communications Policy (2011). It does not necessarily reflect the views of ADB. This external social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Project Number: 47341-002 July 2018 Period: July 2017 – December 2017 IND: South Asia Subregional Economic Cooperation Road Connectivity Investment Program - Tranche 1 Subproject: External Social Monitoring Report for Imphal-Kangchup-Tamenglong Road Submitted by Externally Aided Project, Public Works Department, Government of Manipur, Manipur.

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Page 1: Social Monitoring Report - Asian Development Bank · This external social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent

Social Monitoring Report

This report has been submitted to ADB by the Externally Aided Project, Public Works Department, Government of Manipur, Manipur. and is made publicly available in accordance with ADB’s Public Communications Policy (2011). It does not necessarily reflect the views of ADB.

This external social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Project Number: 47341-002 July 2018 Period: July 2017 – December 2017

IND: South Asia Subregional Economic Cooperation Road Connectivity Investment Program - Tranche 1 Subproject: External Social Monitoring Report for Imphal-Kangchup-Tamenglong Road

Submitted by

Externally Aided Project, Public Works Department, Government of Manipur, Manipur.

Page 2: Social Monitoring Report - Asian Development Bank · This external social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent
Page 3: Social Monitoring Report - Asian Development Bank · This external social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent

IND: South Asia Sub-regional Economic Cooperation Road Connectivity Investment Program - Tranche 1

(Non-sample subproject) (ADB Loan No. 3118 Tranche-I)

Imphal-Kangchup-Tamenglong Road

Semi Annual External Social Safeguards Monitoring Report

(July 2017 – December 2017)

Revisions Submitted by: Submitted to:

Rev. No. Particulars Date

Mukesh & Associates in JV with DONG IL Engineers Consultants Co. Ltd. in association with Alliance Engineers & Consultants

The Project Director, Externally Aided Project, Public Works Department, Government of Manipur, Manipur.

File Path: \\SERVER\MD5_E - Drive\Suresh\2014\RFP\27. ADB - Manipur ISCD Consultancy\ Reports\Semi-Annual SMR (Jan-Jun 2017).doc

Prepared by: Checked by: Approved. By : Sheet Size : A4 Date:

Prasanta K. Sahu B.K. Rajagopal Team Leader 25.04.2018

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) i

Abbreviations

ADB Asian Development Bank APs Affected Persons AHs Affected Households BPL Below Poverty Line CAP Corrective Action Plan CSC Construction Supervision Consultant DC Deputy Commissioner DMS Detailed Measurement Survey DPR Detailed project report DPs Displaced Persons EA Executing agency EAP Externally Aided Project EM Entitlement Matrix FAM Facility Administration Manual FGD Focus Group Discussion GAP Gender Action Plan GIRR Greater Imphal Ring Road GoI Government of India GoM Government of Manipur GRM Grievance Redress Mechanism IA Implementing Agency IPs Indigenous Peoples IR Involuntary Resettlement IDL Intermediate Double Lane (IDL) IKTR Imphal-Kangchup-Tamenglong Road IPF Indigenous People Framework IPP Indigenous Peoples Plan ISCD Implementation Support and Capacity Development LA Land Acquisition LHS Left Hand Side MFF Multi-tranche Financing Facility MoM Minutes of Meeting MPWD Manipur Public Works Department NB-NER North Bengal and North Eastern Region NGO Non-Government Organization NOC No Objection Certificate PD Project Director PIU Project Implementation Unit PMU Programme Management Unit PWD Public Works Department PwDs Persons with Disabilities

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) ii

RF Resettlement Framework RO Resettlement Officer ROB Road over Bridge RP Resettlement Plan RoW Right of way R&R Rehabilitation and Resettlement SAR Sub-project Appraisal Report SASEC South Asia Sub-regional Economic Cooperation SIA Social Impact Assessment SRCIP SASEC Road Connectivity Investment Programme ST Scheduled Tribe TOR Term of Reference VLC Village Level Committee

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) iii

Contents

A. Introduction and Project Background ........................................................................ 1

B. Scope of the Project .................................................................................................... 1

C. Objectives and Scope of External Social Monitoring ................................................ 3

D. Approach and Methodology ........................................................................................ 4

E. Resettlement Principles of IKTR Sub-project ............................................................ 4

i. Entitlements Matrix ................................................................................................................... 4

F. Resettlement Impacts ................................................................................................ 24

i. Land Acquisition and Resettlement Plan of IKTR Sub-project .................................................. 24

ii. Loss of Livelihoods in IKTR Sub-project ..................................................................................... 25

iii. Vulnerable Households affected in IKTR Sub-project ............................................................... 25

iv. Plan for further Public Consultation and Disclosure Plan ......................................................... 25

G. Actual Impacts during Implementation of Sub-project ........................................... 26

i. Imphal-Kangchup Section ......................................................................................................... 26

ii. Kangchup-Tamenglong Section................................................................................................. 27

H. Institutional Arrangements ........................................................................................ 29

I. Capacity Development ............................................................................................... 32

J. RP implementation process ...................................................................................... 34

K. HIV/AIDS Awareness: ................................................................................................ 36

L. Grievance Redress Mechanism ................................................................................ 36

M. Corrective Action Plan ............................................................................................... 38

N. Lessons learned ......................................................................................................... 38

O. Conclusion and Recommendations ......................................................................... 38 APPENDIX Appendix-1 Revenue Department (GoM) Notification for LA and SIA .............................................. 39

Appendix-2 Formation of Committee for purchase of land through Negotiation ............................ 41

Appendix-3 Letter of PD (EAP) to undertake Joint Assessment Survey under District Imphal West 42

Appendix-4 Photographs of JAS during July – December 2017 period ............................................. 43

Appendix-5 Office Order of the Principal Chief Conservator of Forests, GoM ................................. 44

Appendix-6 Sample copy of Land Donation by Agreement Deeds and Registration ........................ 45

Appendix-7 Letter of request to DC, Tamenglong for JAS ................................................................ 50

Appendix-8 Letter of request to DC, Kangpokpi for JAS Report ....................................................... 51

Appendix-9 Sample Copy of Micro Plan ............................................................................................ 52

Appendix-10 Sample approved Identity Card for DPs/AHs ................................................................. 53

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) iv

Appendix-11 Photograph of Compensation disbursement and Receipt memo of disbursed compensation ................................................................................................................ 54

Appendix-12 Cut-off date Notification for Kangchup-Tamenglong Road Section ................................ 55

Appendix-13 Income Restoration Training Program Monitoring ........................................................ 56

Appendix-14 Photographs of PCMs / FGDs held during the July-December 2017 Semi-annual Social Monitoring period .......................................................................................................... 57

Appendix-15 Consultation Monitoring ................................................................................................ 59

Appendix-16 PIU Level GRC Constituted and Notified for the Section Km 12+900 (Kangchup) to 34+900 (Waphong Inthan) ............................................................................................. 60

Appendix-17 GRM Monitoring Format ............................................................................................... 61

Appendix-18 Photographs of HIV/AIDS awareness Programme undertaken on December 1, 2017. 62

Appendix-19 Proposal required for suitable candidates from NGO for formation of GRC at PIU/PWD level ................................................................................................................................ 63

Appendix-20 Safeguards Capacity Building Monitoring ...................................................................... 64

Appendix-21 Corrective Action Plan Monitoring ................................................................................ 64

Appendix-22 Land Acquisition, Resettlement and Rehabilitation Process Monitoring ...................... 65

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 1

A. Introduction and Project Background

1. This updated semi-annual external social monitoring report for July 2017 to December 2017 deliberates upon social safeguards of the SASEC Road Connectivity Investment Programme (SRCIP) under the South Asia Sub-regional Economic Cooperation (SASEC), a Multi-tranche Financing Facility (MFF), envisaged under financial assistance from Asian Development Bank (ADB) aiming to improve about 500 Km of priority road section in North Bengal and North Eastern Region (NB-NER) of India. The investment programme is planned to be implemented in phases. The first tranche covers Imphal-Kangchup-Tamenglong Road (IKTR) only having total stretch of 107.97 Km. The loan No 3118 - IND (Tranche-1) came into effect on June 24, 2015.

2. This monitoring report covers from July 01, 2017 to December 31, 2017. The report

includes monitoring of social safeguards implementation under Tranche-1, i.e. Imphal-Kangchup-Tamenglong Road (IKTR) for which loan has been effectuated. This IKTR sub-project was approved on March 02, 2016 by Asian Development Bank (ADB).

3. SRCIP aims to improve the regional connectivity by constructing good road

infrastructure in the State of Manipur for better transportation and communication. The Investment Programme comprises two components: (i) road improvement component and (ii) project implementation support and capacity development component.

4. The impact of SRCIP is expected to increase domestic and regional trade with the

NB-NER of India serving a regional transport hub. The outcome will be improved road connectivity and efficiency of the NB-NER international trade corridor.

B. Scope of the Project 5. The project road starts at Naoremthong of Imphal City and ends at Tamenglong

covering a total length of 107.97 Kms, which includes spur alignment to Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively. The alignment passes through districts of Imphal West, Kangpokpi and Noney (newly created district), and Tamenglong connecting to major settlements of Imphal, Kangchup, Haochong, Bhalok and Tamenglong. The initial 12.90 Km of sub-project road alignment from Naoremthong to Kangchup is an existing road in plain terrain, whereas alignment between Kangchup to Tamenglong 90.12 Kms and spur alignments are greenfield area mostly located in mountainous terrain. The present road sub-project section is proposed for improvement and up-gradation from existing Intermediate Double Lane (IDL) to four lane with paved shoulder from chainage 0.000 to 5.540 and double lane with paved shoulder from chainage 5.540 to chainage 12.900 in the plain area up-to Kangchup. Rest road section of 90.12 Km is coming under hilly terrain greenfield area where double lane road configurations with shoulders and side drains proposed with spur alignment in Haochong and Kabui Khullen having length of 4.15 Km and 0.800 Km respectively is proposed for Intermediate Double Lane. The proposed alignment map showing the IKTR sub-project Tranche-1 is given on the next page.

6. The construction work of Imphal-Kangchup-Tamenglong Road sub-project has been

awarded to M/s. Hindustan Construction Company Limited (HCC) in joint venture with M/s. Vensar Constructions Company Limited (VCCL) on March 21, 2016 at the cost of Rs.1114.18 Crores. The date of commencement of the sub-project road is notified

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 2

as 12.08.2016. Formation cuttings at chainage 16+900 to 33+00, 39+00 to 52+00, 54+00 to 57+00, 73+00 to 82+00 are in progress. Construction of labour camp at chainage 77+000 has been partially completed and functional with minimum sanitation facilities and for the camps at chainage 5+400 and 15+800 the construction work is in progress.

7. The appointment of NGO for social safeguards implementation of IKTR sub-project has been approved by Government of Manipur (GoM) and awarded to Manavdhikar Samajik Manch, New Delhi. The contract agreement was signed on September 26, 2016 and the NGO has been mobilized and assisting PIU for RP and IPP implementation since December 04, 2016. NGO has submitted Micro Plan of IKTR sub-project from Chainage Km 12+900 to 30+00 (village Kangchup Chingkhong to Kanchup Sonlung), 32+810 to 33+600 (LHS in village Pungmon) 72+460 to 82+500 and 97+760 to 98+460 (village Wairangba – Khebuching - Bhalok and Dailong of Tamenglong District), based on the progress of Joint Assessment Survey (JAS) undertaken by Government of Manipur till December 2017. All the submitted Micro Plan has been approved and first phase of compensation disbursement is going on. The NGO has also undertaken its work/activities such as, project information disclosure by sensitizing the village communities through focused group discussions, verification of DPs by Joint Verification Survey (JVS) on Imphal - Kangchup - Tamenglong section at chainages 0+00 to 12+900 to 34+900, 55.00 to 58.200 and 72+400 to 82+500. Also the NGO participated and extended support during affected property demarcation in all these chainages. The map below shows the sub-project alignment in IKTR project.

Project Alignment Map

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 3

C. Objectives and Scope of External Social Monitoring 8. Under the SASEC Road Connectivity Investment Programme (SRCIP), the external

monitoring is to ensure the implementation of Resettlement Plans (RPs), Land Acquisition, Resettlement and Rehabilitation (LARR) and Indigenous Peoples Plan (IPP) activities of IKTR sub-project in accordance with ADB's Safeguard Policy Statement (2009), Public Communications Policy (2012), and the Right to fair Compensation and Transparency in land acquisition, Rehabilitation and Resettlement Act, 2013 of the Government of India. The key responsibility is to analyze, assess and recommend the corrective measures for implementation of IKTR sub-project.

9. The objectives mainly include:

(i) to conduct training sessions with power point presentations supported by

printed materials for MPWD staff and other stakeholders associated in this project on awareness of all aspects of Land Acquisition as per LARR Act, 2013 and with specific problems encountered in the project and best practices followed as per national and international standard;

(ii) to co-ordinate with all stakeholders for smooth land acquisition, especially Land Department and MPWD officials and to suggest best practices followed in other projects in India along with Government procedure on Land Acquisition (LA) as per LARR Act, 2013;

(iii) to develop “Strip Charts” (chainage wise) in co-ordination with supervision

consultant, NGO and PIU staff of MPWD to identify the availability of land free from all encumbrances, that can be handed-over to the contractor. At the same time, the expert will also identify the private land under LA notification and government or community land occupied by squatters, vendors and encroachers. The expert will assist IA to ensure that DPs are not evicted from their establishments and land not handed-over to contractor till the final compensation and assistance is disbursed by the MPWD as per the provision of Entitlement Matrix in the RP;

(iv) to prepare due-diligence report for subsequent loan processing under MFF on

resettlement implementation of sub-project under existing loan based on the status of RP implementation along with developing specific monitoring Indicators for Displaced Peoples (DPs) with special emphasis on Indigenous people. For doing this, there is need of Socio-economic survey of around 10% DPs based on random sampling method on the specific indicators of development to know whether land acquisition/resettlement objectives have been generally met;

(v) to monitor and guide the NGO for resettlement implementation, preparing the

Micro Plan, monthly progress report, undertaking meaningful public consultation and dissemination of information on project implementation, ensuring proper grievance redress procedures are followed, livelihood restoration/Income generation training, HIV/AIDS awareness programme, and other programme related to the design of the project. Besides, the expert will also guide NGO on human trafficking through community awareness activities, as well as monitoring the compliance of core labor standards by civil works contractors.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 4

D. Approach and Methodology 10. The external social monitor is responsible to support and build the capacity of the

EA/IAs, review of the documents, verify the data, provide advice for the implementation of RPs, IPP and Corrective action Plan (CAP) if any, in accordance with the ADB SPS, 2009 and applicable Government of India and Government of Manipur laws. The approach and methodology followed for the above mentioned scope and objectives are mentioned below.

(a) Review of available documents and validation of data; (b) Assessment of RPs implementation status, identification of issues, gaps and

reasons thereof; (c) Site visits and meetings/consultations with EA/IAs, CSCs, DPs, NGOs and

other stakeholders; (d) Additional agreed action plan/corrective action plan; and (e) Advise EA/IAs for implementation of RPs/additional action plan/CAP and

comply with ADB’s SPS, 2009 and applicable national and state laws. 11. The qualitative research techniques were adopted randomly for the collection and

verification of data in the IKTR sub-project. Consultations and focus group discussions with available DPs/AHs on sub-project site were undertaken, besides undertaking unstructured interviews with them and other stakeholders during JAS.

E. Resettlement Principles of IKTR Sub-project

12. The ADB expects IA to adopt Safeguard Policy Statement (SPS) in 2009 including

safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups by designing Entitlement Matrix (EM) with provision of social safeguards measures mentioned below. i. Entitlements Matrix

13. The Entitlement Matrix for Imphal-Kangchup-Tamenglong Road sub-project section has been approved by ADB, that summarizes the types of losses and the corresponding nature and scope of entitlements; and is in compliance with National Laws and ADB SPS-2009 (refer to Table-1A and 1B). Although, the loss of land will not be compensated to the individual DPs under Kangchup-Tamenglong Road subsection due to donation of land agreement but Resettlement and Rehabilitation (R&R) compensation and assistance will be fully paid. In cases of Imphal- Kangchup road sub-section Land Acquisition (LA) will be undertaken by Revenue Department of Government of Manipur (GoM) by paying proper compensation and through R&R assistance. Considering the different types of impact enumerated in IKTR sub-project section having valley/plain area with title holders (THs) and non-titleholders (NTHs) and hill section with community and customary rights to land; separate Entitlement Matrix (EM) has been devised and approved by GoM and ADB for Imphal - Kangchup and Kangchup - Tamenglong road project. Entitlement Matrix Table 1A and 1B below covers all type of impacts, entitlement for compensation and assistance under the broad IKTR sub-project context.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 5

Table-1 (A): Entitlement Matrix for Imphal - Kangchup Section (Valley / Plain Area) under SRCIP: Tranche-1 S.N. Type of

Loss Application Definition of Entitled Person

Compensation Policy Implementation Issues

Responsible Agency

Land 1-a Loss of

private land Agricultural land1, homestead land or vacant plot

Legal titleholders/ Family with traditional titleholders2

Compensation at replacement cost or land-for-land where feasible3. If land-for-land is offered, titles will be in the name of original landowners.

One time Resettlement allowance4 of Rs.50,000 per affected family5.

Each affected family shall be eligible for choosing one time assistance option from: (i) Where jobs are created through the project, employment for at least one member of the affected family with suitable training and skill development in the required field; or (ii) One-time payment of Rs. 500,000 per affected family.

Displaced families6 belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive

Compensation accounts for all taxes and fees, and does not account for any depreciation.

Vulnerable households will be identified during the census.

Re-titling to be completed

District Collector / Deputy Commissioner shall determine the market value of the land and multiply by the factors and add 100% solatium as specified in LARR Act. PIU will ensure provision of notice. PIU will verify the extent of impacts through a 100%

1 The LARR, 2013 Act says no irrigated multi cropped land shall be acquired under this Act, except in exceptional circumstances, as a demonstrable last resort. Wherever such land is acquired, an equivalent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security. Such costing shall also reflect while preparing Resettlement Budget.

2 Traditional land rights refer to households with customary rights to land, and shall be treated equivalent to titleholders. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 defines “Forest Dwelling Scheduled Tribes” as the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests and forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. The act provides right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement or rehabilitation prior to the 13th of December 2005.

3 Including option for compensation for non-viable residual portions. 4 The LARR Act–2013 specifies that each affected family shall be given one time Resettlement Allowance of Rs.50,000/- only. This is to cover transport and shifting. 5 ‘Family’ includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him. Widows, divorcees and women deserted by families shall be considered separate family. An adult of either gender with or without spouse or children or dependents shall be considered as a separate family – as defined under LARR Act–2013.

6Displaced family" as defined by the LARR Act–2013, means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area. According to ADB SPS-2009, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Thus, under this RF, the subsistence allowance is applicable for all affected families losing land irrespective of their nature of physical or economic displacement.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 6

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

prior to project completion

For option of choosing job created through project, job will be paid at living wage and monitored by CSC.

survey of APs, determine assistance, and identify vulnerable households.

1-b Loss of private land

Agricultural land, homestead land or vacant plot

Tenants and leaseholders (whether having written tenancy/lease documents or not / Sharecroppers

Compensation for rental deposit or unexpired lease (such amount will be deducted from the compensation of land owners).

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance

Additional assistance to Vulnerable Households

Land owners will reimburse tenants and leaseholders land rental deposit or unexpired lease

Vulnerable households will be identified during the census.

PIU will confirm land rental and ensure tenants and leaseholders receive reimbursement for land rental deposit or unexpired lease, and report to PIU. PIU will ensure provision of notice.

2-a Loss of Government land

Vacant plot, Agricultural land, homestead land

Leaseholders Compensation for rental deposit or unexpired lease (such amount will be deducted from the compensation of the lessee).

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will ensure provision of notice and identify vulnerable households.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 7

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency 2-b Loss of

Government land

Vacant plot, Agricultural land, homestead land, RoW of road

Non Title Holders/ Squatters7, Encroachers8

At least 60 days advance notice to shift from occupied land.

Notice to harvest standing seasonal crops and compensation.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will ensure provision of notice. PIU will identify vulnerable households.

Residential Structures9 3-a Loss of

residential structure

Residential structure and other assets10.

Legal titleholders : Family with traditional land right

Each affected family shall be eligible for choosing one time assistance option from: (i) Replacement cost of the structure and other

assets (or part of the structure and other assets, if remainder is viable) without depreciation;

or (ii) In Rural area, the displaced family will be

provided with the option of constructed house as per Indira Awaas Yojana specifications in lieu of cash compensation;

(iii) In Urban area, the displaced family will be provided with the option of constructed house of minimum 50 sq. m. plinth area in lieu of cash compensation.

Fees, taxes, and other charges related to replacement structure.

Right to salvage materials from structure and

Compensation accounts for all taxes and fees, and does not account for any depreciation.

Vulnerable households will be identified during the census.

Wherever DPs opt for self- construction, land and

District Collector/Deputy Commissioner shall determine the market value of the structure and add 100% solatium as specified in LARR Act. Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance,

7Squatters are those who have no recognizable rights on the land that they are occupying.

8 Encroachers are those who build a structure which is in whole or is part of an adjacent property to which he/she has no title. 9Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading 10 Other assets include, but are not limited to walls, fences, sheds, wells, etc.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 8

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency other assets with no deductions from replacement value.

One-time Resettlement allowance of Rs.50,000 per affected household

One time financial assistance of Rs.25,000 to the families losing cattle sheds for reconstruction

All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

structures will be compensated at replacement cost

Assessment of viability of remaining structure will be made in consultation with DPs

verify and identify vulnerable households.

3-b Loss of residential structure

Residential structure and other assets

Tenants and leaseholders

Replacement cost of part/whole of structure constructed by the tenant/leaseholder without depreciation, and this will be deducted from the compensation amount of the owner.

Compensation for rental deposit or unexpired lease.

Right to salvage materials (of the portion constructed by tenants or leaseholders) from structure and other assets

One time Resettlement allowance of Rs. 50,000 per affected family

One-time financial assistance of Rs. 25,000 to the families losing cattle sheds for reconstruction.

All displaced families will receive one time Shifting assistance of Rs. 50,000 towards transport costs etc

Displaced families belong to Scheduled Caste

Land/structure owners will reimburse tenants and leaseholders rental deposit or unexpired lease.

Vulnerable households will be identified during the census.

Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100% surveys of AHs determine assistance, verify and identify vulnerable households.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 9

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households 3-c Loss of

residential structure

Residential structure and other assets

Non-Title Holders/ Squatters, Encroachers

Replacement cost of structure constructed by the squatter without depreciation

Right to salvage materials from structure and other assets

One time Resettlement allowance of Rs. 50,000 per affected family

All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

Commercial Structures 4-a Loss of

commercial structure

Commercial structure and other assets

Legal titleholders Family with traditional land right

Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable) without depreciation.

Fees, taxes, and other charges related to replacement structure.

Right to salvage materials from structure and other assets with no deductions from replacement value.

One time Resettlement allowance of Rs.50,000 per affected family

One time financial assistance of Rs. 25,000 to the families losing shop for reconstruction of

Compensation accounts for all taxes and fees, and does not account for any depreciation.

Vulnerable

households will be identified during the

Valuation committee will determine replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency shop.

All physically displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

census.

4-b Loss of commercial structure

Commercial structure and other assets

Tenants and leaseholders

Replacement cost of part/whole of structure constructed by the tenant/leaseholder without depreciation, and this will be deducted from the compensation amount of the owner.

Compensation for rental deposit or unexpired lease.

Right to salvage materials (of the portion constructed by tenants or leaseholders) from structure and other assets

One time Resettlement allowance of Rs. 50,000 per affected family

All displaced families will receive both: (i) One time Shifting assistance of Rs. 50,000 towards transport costs etc.; and (ii) monthly Subsistence allowance of Rs. 3,000 for one year (total Rs. 36,000) from the date of award

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Land/structure owners will reimburse tenants and leaseholders land rental deposit or unexpired lease. Vulnerable households will be identified during the census.

Valuation committee will determine replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

4-c Loss of commercial structure

Commercial structure and other

Non-Title Holders/Squatters, Encroacher

Replacement cost of structure constructed by the squatter without depreciation

Right to salvage materials from structure and

Vulnerable households will be identified

PIU will verify the extent of impacts through

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency assets other assets

One time Resettlement allowance of Rs. 50,000 per affected family

All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs. 50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

during the census.

a 100% surveys of AHs determine assistance, verify and identify vulnerable households.

Livelihood 5 Loss of

livelihood Livelihood Legal titleholder

losing business/ commercial establishment Family with traditional land right Commercial tenant Commercial leaseholder Employee in commercial establishment Agricultural laborer (long term) Artisans

One time financial assistance of minimum Rs. 25,000.

Skill up-gradation training to APs opted for (one member of the affected family) income restoration.

Preference in employment under the project during construction and implementation.

Monthly Subsistence allowance of Rs. 3,000 for one year (total Rs. 36,000) from the date of award

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households. For Agricultural laborer (long timer) Only those who are in fulltime / permanent employment of the land owner, will be eligible for this assistance.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency Squatters Seasonal

agricultural laborers will not be entitled for this assistance.

Trees and Crops 6 Loss of

trees and crops

Standing trees and crops

Legal titleholder Family with traditional land right Agricultural tenant/ leaseholder Sharecroppers Non-Title Holders Squatter

Advance notice to harvest crops, fruits, and timbers.

Compensation for standing crops in case of such loss, based on an annual crop cycle at market value

Compensation for trees based on timber value at market price, and compensation for perennial crops and fruit trees at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

Harvesting prior to acquisition will be accommodated to the extent possible

Work schedules will avoid harvest season.

Seasonal crops will be given at least 60-day notice. If notice cannot be given, compensation for standing crops will be compensated at market value.

Market value of trees/crops has to be determined.

PIU will ensure provision of notice. Valuation Committee will undertake valuation of standing crops, perennial crops and trees, and finalize compensation rates in consultation with APs.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency Vulnerable 7 Impacts on

vulnerable APs

All impacts Vulnerable APs One time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other assistance provided in items 1-a, 1-b, 2-a, 2-b, 3-a, 3-b, 3-c, 4-a, 4-b, 4-c, and 5.

Receive preferential in income restoration training programme under the project.

Preference in employment under the project during construction and implementation.

Access to basic utilities and public services

Vulnerable households will be identified during the census and implementation of project.

PIU will verify the extent of impacts through a 100% surveys of AHs determine assistance, verify and identify vulnerable households. The PIU with support from the CSC and NGO11will conduct a training need assessment in consultations with the displaced persons so as to develop appropriate income restoration schemes. Suitable trainers or local resources will be identified by

11When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency PIU and NGO in consultation with local training institutes.

Temporary Loss 8 Temporary

loss of land12

Land temporarily required for sub-project construction

Legal titleholders Family with traditional land right

Any land required by the Project on a temporary basis will be compensated in consultation with the landholders.

Rent at market value for the period of occupation

Compensation for assets at replacement cost Restoration of land to previous or better

quality13. Location of construction camps will be fixed by

contractors in consultation with Government and local community.

Assessment of impacts if any on structures, assets, crops and trees due to temporary occupation. Site restoration.

Valuation Committee will determine rental value and duration of construction survey and consultation with APs. PIU will ensure compensation is paid prior to site being taken-over by contractor. Contractor will be responsible for site restoration.

9 Temporary disruption of livelihood

Legal titleholders, non-titled APs

60 days advance notice regarding construction activities, including duration and type of disruption.

Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption,

Identification of alternative temporary sites to continue economic activity.

Valuation Committee will determine income lost. Contractors will perform actions to minimize

12Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 13 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested

shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation

Issues Responsible

Agency and contractor’s actions to ensure there is no income/access loss consistent with the EMP14.

Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.15

income/access loss.

Common Resources 10 Loss and

temporary impacts on common resources

Common resources

Communities Replacement or restoration of the affected community facilities – including public water stand posts, public utility posts, temples, shrines, etc.

Follow ADB SPS

PIU and Contractor.

Other 11 Any other

loss not identified

- - Unanticipated involuntary impacts will be documented during the implementation phase and mitigated based on provision made in the RF.

- PIU will finalize the entitlements in line with ADB’s SPS, 2009.

Table-1 (B): Entitlement Matrix for Kangchup - Tamenglong Section (Hill Area Non Revenue Land with Community and Customary Right to Land) under SRCIP: Tranche-1

S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

Residential Structures16 1-a Loss of

residential Residential structure

Family with traditional land

Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable)

Compensation accounts for

District Collector/Deputy

14 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where

required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time.

15 For example assistance to shift to the other side of the road where there is no construction. 16 Some of the entitlements under section are the same as previous rows as it is structured separately for each affected category and should not be duplicated in reading

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

structure and other assets17.

right without depreciation;

Fees, taxes, and other charges related to replacement structure.

Right to salvage materials from structure and other assets with no deductions from replacement value.

One-time Resettlement allowance of Rs. 50,000 per affected household

One time financial assistance of Rs. 25,000 to the families losing cattle sheds for reconstruction

All displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

all taxes and fees, and does not account for any depreciation.

Vulnerable households will be identified during the census.

Assessment of viability of remaining structure will be made in consultation with DPs

Commissioner shall determine the market value of the structure and add 100% solatium as specified in LARR Act. Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

1-b Loss of residential structure

Residential structure and other assets

Tenants and leaseholders

Replacement cost of part/whole of structure constructed by the tenant/leaseholder without depreciation, and this will be deducted from the compensation amount of the owner.

Compensation for rental deposit or unexpired lease. Right to salvage materials (of the portion constructed by

tenants or leaseholders) from structure and other assets One time Resettlement allowance of Rs. 50,000 per affected

Structure owners will reimburse tenants and leaseholders rental deposit or unexpired lease.

Valuation committee will verify replacement value. PIU will verify the extent of impacts through a 100%

17 Other assets include, but are not limited to walls, fences, sheds, wells, etc.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

family One-time financial assistance of Rs. 25,000 to the families

losing cattle sheds for reconstruction. All displaced families will receive one time Shifting

assistance of Rs. 50,000 towards transport costs etc Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

surveys of AHs determine assistance, verify and identify vulnerable households.

1-c Loss of residential structure

Residential structure and other assets

Non-Title Holders/ Squatters, Encroachers

Replacement cost of structure constructed by the squatter without depreciation

Right to salvage materials from structure and other assets One time Resettlement allowance of Rs. 50,000 per affected

family All displaced families will receive one time shifting

assistance of Rs. 50,000 towards transport costs etc. Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

Commercial Structures 2-a Loss of

commercial structure

Commercial structure and other assets

Family with traditional land right

Replacement cost of the structure and other assets (or part of the structure and other assets, if remainder is viable) without depreciation.

Fees, taxes, and other charges related to replacement structure.

Right to salvage materials from structure and other assets with no deductions from replacement value.

One time Resettlement allowance of Rs. 50,000 per affected family

One time financial assistance of Rs. 25,000 to the families losing shop for reconstruction of shop.

Compensation accounts for all taxes and fees, and does not account for any depreciation.

Vulnerable

households will be

Valuation committee will determine replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

All physically displaced families will receive one time shifting assistance of Rs. 50,000 towards transport costs etc.

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

identified during the census.

identify vulnerable households.

2-b Loss of commercial structure

Commercial structure and other assets

Tenants and leaseholders

Replacement cost of part/whole of structure constructed by the tenant/leaseholder without depreciation, and this will be deducted from the compensation amount of the owner.

Compensation for rental deposit or unexpired lease. Right to salvage materials (of the portion constructed by

tenants or leaseholders) from structure and other assets One time Resettlement allowance of Rs. 50,000 per affected

family All displaced families will receive both: (i) One time Shifting

assistance of Rs. 50,000 towards transport costs etc.; and (ii) monthly Subsistence allowance of Rs. 3,000 for one year (total Rs. 36,000) from the date of award

Displaced families belong to Scheduled Caste (SC) and Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Structure owners will reimburse tenants and leaseholders land rental deposit or unexpired lease. Vulnerable households will be identified during the census.

Valuation committee will determine replacement value. PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households.

2-c Loss of commercial structure

Commercial structure and other assets

Non-Title Holders/Squatters, Encroacher

Replacement cost of structure constructed by the squatter without depreciation

Right to salvage materials from structure and other assets One time Resettlement allowance of Rs. 50,000 per affected

family All displaced families will receive one time shifting

assistance of Rs. 50,000 towards transport costs etc. Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Vulnerable households will be identified during the census.

PIU will verify the extent of impacts through a 100% surveys of AHs determine assistance, verify and identify vulnerable households.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

Additional assistance to Vulnerable Households Livelihood 3

Loss of livelihood

Livelihood Family with traditional land right Commercial tenant Commercial leaseholder Employee in commercial establishment Agricultural laborer (long term) Artisans Squatters

One time financial assistance of minimum Rs. 25,000. Skill up-gradation training to APs opted for (one member of

the affected family) income restoration. Preference in employment under the project during

construction and implementation. Monthly Subsistence allowance of Rs. 3,000 for one year

(total Rs. 36,000) from the date of award Displaced families belong to Scheduled Caste (SC) and

Scheduled Tribe (ST) will receive additional one-time Rs.50,000 as subsistence allowance.

Additional assistance to Vulnerable Households

Vulnerable households will be identified during the census.

PIU will verify the extent of impacts through a 100% survey of AHs determine assistance, verify and identify vulnerable households. For Agricultural laborer (long timer) Only those who are in fulltime / permanent employment of the land owner, will be eligible for this assistance. Seasonal agricultural laborers will not be entitled for this assistance.

Trees and Crops 4 Loss of

trees and crops

Standing trees and crops

Family with traditional land right Agricultural

Advance notice to harvest crops, fruits, and timbers. Compensation for standing crops in case of such loss,

based on an annual crop cycle at market value Compensation for trees based on timber value at market

price, and compensation for perennial crops and fruit trees

Harvesting prior to possession will be accommodate

PIU will ensure provision of notice. Valuation Committee will undertake

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

tenant/ leaseholder Sharecroppers Non-Title Holders Squatter

at annual net product market value multiplied by remaining productive years; to be determined in consultation with the Forest Department for timber trees and the Horticulture Department for other trees/crops.

d to the extent possible

Work schedules will avoid harvest season.

Seasonal crops will be given at least 60-day notice. If notice cannot be given, compensation for standing crops will be compensated at market value.

Market value of trees/crops has to be determined.

valuation of standing crops, perennial crops and trees, and finalize compensation rates in consultation with APs.

Vulnerable 5 Impacts on

vulnerable APs

All impacts Vulnerable APs One time lump sum assistance of Rs. 25,000 to vulnerable households. This will be paid above and over the other assistance provided in items 1-a, 1-b,1-c, 2-a, 2-b, 2-c and 3

Receive preferential in income restoration training programme under the project.

Preference in employment under the project during

Vulnerable households will be identified during the census and implementation

PIU will verify the extent of impacts through a 100% surveys of AHs determine assistance,

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

construction and implementation. Access to basic utilities and public services

of project. verify and identify vulnerable households. The PIU with support from the CSC and NGO18will conduct a training need assessment in consultations with the displaced persons so as to develop appropriate income restoration schemes. Suitable trainers or local resources will be identified by PIU and NGO in consultation with local training institutes.

18 When suitable NGO is not available, the PIU will be staffed with qualified and experienced social workers to assist the IA in RP implementation

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

Temporary Loss 6 Temporary

loss of land19

Land temporarily required for sub-project construction

Family with traditional land right

Any land required by the Project on a temporary basis will be compensated in consultation with the landholders.

Rent at market value for the period of occupation Compensation for assets at replacement cost Restoration of land to previous or better quality20. Location of construction camps will be fixed by contractors

in consultation with Government and local community.

Assessment of impacts if any on structures, assets, crops and trees due to temporary occupation. Site restoration.

Valuation Committee will determine rental value and duration of construction survey and consultation with APs. PIU will ensure compensation is paid prior to site being taken-over by contractor. Contractor will be responsible for site restoration.

7 Temporary disruption of livelihood

Family with traditional land right

60 days advance notice regarding construction activities, including duration and type of disruption.

Cash assistance based on the minimum wage/average earnings per month for the loss of income/livelihood for the period of disruption, and contractor’s actions to ensure there is no income/access loss consistent with the EMP21.

Assistance to mobile vendors/hawkers to temporarily shift for continued economic activity.22

Identification of alternative temporary sites to continue economic activity.

Valuation Committee will determine income lost. Contractors will perform actions to minimize income/access loss.

19 Temporary possession of land for project purpose can be taken only for three years from the date of commencement of such possession/occupation. 20 If the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested

shall so require, the appropriate Government shall proceed under the Act to acquire the land as if it was needed permanently for a public purpose. 21 This includes: leaving spaces for access between mounds of soil, providing walkways and metal sheets to maintain access across trenches for people and vehicles where

required, increased workforces to finish work in areas with impacts on access, timing of works to reduce disruption during business hours, phased construction schedule and working one segment at a time and one side of the road at a time.

22 For example assistance to shift to the other side of the road where there is no construction.

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S.N. Type of Loss Application Definition of

Entitled Person Compensation Policy Implementation Issues

Responsible Agency

Common Resources 8 Loss and

temporary impacts on common resources

Common resources

Communities Replacement or restoration of the affected community facilities – including public water stand posts, public utility posts, temples, shrines, etc.

Follow ADB SPS

PIU and Contractor.

Other 9

Any other loss not identified

- - Unanticipated involuntary impacts will be documented during the implementation phase and mitigated based on provision made in the RF.

- PIU will finalize the entitlements in line with ADB’s SPS, 2009.

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F. Resettlement Impacts

14. ADB has approved total two Resettlement Plans (RPs), comprising of one RP each for valley section and hill section separately and one Indigenous Peoples Plan for IKTR sub-project during the November 2015 period. The social and resettlement impact assessment of 107.97 Km Imphal-Kangchup-Tamenglong Road (IKTR) sub-project was undertaken based on the Sub-project Appraisal Report (SAR), Detailed Project Report (DPR) including Resettlement Plan (RP) and Indigenous Peoples Plan (IPP) prepared before the loan approval. The Involuntary Resettlement (IR) categorization for the IKTR sub-project is Category-A, and also Category-A for Indigenous Peoples. i. Land Acquisition and Resettlement Plan of IKTR Sub-project

15. The resettlement impact was enumerated based on final alignment of DPR by preparing RPs for IKTR sub-project, which has been approved by the ADB. Land Acquisition Plan (LAP) prepared and approved during the November 2015 period for IKTR sub-project is 649.07 acres / 262.669 hectares of land, which needs to be acquired. Out of the total estimated land requirement for Imphal – Kangchup road sub-section, private land acquisition is 17.31 acres / 7.005 hectares and rest land will be transferred from Government and community. Where as in case of Kangchup – Tamenglong road sub-section, all the required land would be donated by the villagers. Based on the complete census survey carried out for the sub-project, 807 households with 4128 persons are identified to be displaced due this sub-project intervention. Out of 807 households, 806 households will be affected due to loss of structures. There are 223 households being physically displaced as they are losing their residential structures and 584 households will be economically displaced due to loss of productive land, commercial structures and livelihoods. There are 115 Common Properties Resources (CPRs) including religious structures and government structures that will be affected by the proposed road widening and new road construction. The summary findings according to Resettlement Plan (RP) of IKTR sub-project is presented in the following Table 2. Table – 2: ADB approved Resettlement Plan Impacts for IKTR Sub-project

Sl. No. Impacts

Imphal – Kangchup subsection

Kangchup – Tamenglong subsection

Total

1 Total number of private structures affected 615 191 806 2 Total land area required (in acres) 96.05 donated 96.05

3 Area of private land to be acquired (in acres) 17.31 0 17.31

4 Total number of displaced households 680 127 807 5 Total number of displaced persons 3354 774 4128

6 Total number of economically displaced households 533 51 584

7 Total number of physically displaced households 147 76 223

8 Total number of vulnerable households displaced 408 127 535

9 Total number of CPR (structure) affected 95 20 115 Source: Resettlement Plan for Imphal - Kangchup – Tamenglong road sub-project.

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ii. Loss of Livelihoods in IKTR Sub-project

16. As reported in the RPs for IKTR sub-project, the loss of livelihood, has been estimated and approved by ADB. Out of 763 DPs losing livelihoods includes 82 owners of agricultural land, 8 agricultural leaseholders, 20 sharecroppers, 320 owners of commercial structures, 103 owners of residential cum commercial structures, 34 employees in commercial structures, and 196 commercial tenants. The details of impact on livelihoods under the sub-project are presented in the Table 3.

Table 3: Loss of Livelihoods in IKTR Sub-project Sl. No.

Loss of Livelihoods in the Sub-project

Imphal – Kangchup

Section

Kangchup – Tamenglong

Section Total

1 Owners of Agricultural Land 82 0 82 2 Agricultural Leaseholders 8 0 8 3 Sharecropper 20 0 20 4 Loss of Commercial Structure 284 36 320

5 Loss of Residential cum Commercial Structure 99 4 103

6 Employees in Structures 23 11 34 7 Commercial Tenants 180 16 196

Total 696 67 763 Source: Resettlement Plan for Imphal - Kangchup – Tamenglong road sub-project.

iii. Vulnerable Households affected in IKTR Sub-project

17. According to RPs of IKTR sub-project there are 535 households has been identified as vulnerable households, which includes 408 in Imphal – Kangchup section and 127 in Kangchup – Tamenglong section. The vulnerable household details are presented in the Table 4.

Table 4: Vulnerable Households affected in IKTR Sub-project Sl. No. Vulnerable Categories

Imphal – Kangchup Section (No. of Households)

Kangchup – Tamenglong Section (No. of Households)

1 Scheduled Caste Households 98 All the 127 households are vulnerable due to

their belonging in Scheduled Tribe

community.

2 Scheduled Tribe Households 17 3 Women Headed Households 48 4 PwDs headed Households 10 5 Below Poverty Line Households 116

6 Households below Minimum Per-capita Income 119

Total 408 127 Source: Resettlement Plan for Imphal - Kangchup – Tamenglong road sub-project.

iv. Plan for further Public Consultation and Disclosure Plan

18. Public consultation and participation is recognised as a continuous two way process beneficial in project planning and implementation. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various sections of APs and other stakeholders were consulted during the planning through focus group discussions and individual interviews and this will continue till the completion and commission of IKTR sub-project.

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G. Actual Impacts during Implementation of Sub-project

19. Minimizing of land acquisition and resettlement impacts was included in the design and DPR of Imphal-Kangchup-Tamenglong Road (IKTR) sub-project. All land required for the sub-project components have been identified and there will be land acquisition and permanent displacement of people as a result of the road construction work. However, there will also be temporary impacts on non-titled persons, hawkers and vendors during this road construction work.

20. The IKTR sub-project section will be constructed through two sub-sections. First, Imphal-Kangchup road sub-section starts from Naoremthong (Imphal city) to Kangchup (valley section), passing through highly populated residential and commercial area. Second, Kangchup-Tamenglong Road sub-section is totally passing through mountainous terrain (hill section) with scattered village habitation. i. Imphal-Kangchup Section

21. The land acquisition process for Imphal-Kangchup Road sub-section under District

“Imphal West” has been initiated by the Government of Manipur (GoM) through notification on July 12, 2016, under which the State government notified under Rule 3(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) (Manipur) Rules, 2014 read with section 4(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for carrying out Social Impact Assessment (SIA) study. The timeline for completion of SIA study shall be within a period of six months from the date of its commencement i.e. July 12, 2016. Refer to Appendix-1 for Revenue Department (GoM) Notification for LA and SIA. The Social Impact Assessment Study for all the 14 villages in the valley section revenue land under Imphal West District has been completed by state SIA Unit and the report has been submitted to the Government of Manipur (GoM) for approval. Panel of Technical Experts (Social Scientists, Resettlement and Rehabilitation Experts) to be constituted by the GoM to review the SIA. In parallel, the State Government also has constituted a committee on dated October 11, 2016 for direct purchase of land through negotiation with land owners (Refer to Appendix-2).

22. Based on the available information with PIU/MPWD, out of the total 63.3697 acres / 25.6448 hectares of land requirement for Imphal - Kangchup section, 43.94052 acres / 17.78209 hectares of land is State Government land. The land to be acquired from private person is 19.42918 acres / 7.86271 hectares only. No village-wise break-up data on land acquisition available for 1.89418 acres / 0.766548 hectares of private land. Village-wise data of land requirement available for acquisition in Imphal-Kangchup sub-section is presented below in the Table 5.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 27

Table No. 5: Status of Land Acquisition in Imphal-Kangchup Section (village-wise)

Source: Available information with PIU/MPWD collected and compiled for tabular presentation.

23. To further speed-up the process of LA and impact assessment, PD (EAP) has issued a letter on June 08, 2017, mentioning the “Office Order of Deputy Commissioner (DC), Imphal West”, Manipur to undertake Joint Assessment Survey (JAS) of affected standing crops, properties in the valley area revenue land from Km 0+000 to Km 3+200 for the construction of IKTR sub-project in Manipur from June 12, 2017 to till the completion (refer to Appendix-3). The JAS has been completed recently for Imphal-Kangchup section and the final report is awaited. Based on the available information with PIU, a total of 633 structures are affected, which includes title holders (THs) and non-titleholders (NTHs) from Chainage Km 0+00 to 12+900. However, no break-up data reported yet by JAS team on affected structures. JAS team comprised of officials of SDO/SDC Lamphel, line departments viz. PWD, Agriculture, Horticulture, Forest and Fisheries. Please refer to photograph of JAS undertaken attached in Appendix-4. No private land acquisition is done in Imphal-Kangchup road sub-section yet. The Land Acquisition and Resettlement process of external monitoring undertaken till December 2017 is given in Appendix-22. ii. Kangchup-Tamenglong Section

24. There will not any private land acquisition for Kangchup-Tamenglong Road sub-section. The land required for construction of the Kangchup-Tamenglong road sub-section has been donated by the land owners / village Chiefs / village Headman. The Principal Chief Conservator of Forest, Imphal has approved on May 28, 2016 for the diversion of 182.86 hectares forest land for the construction of Imphal-Kangchup-Tamenglong Road (IKTR) section under Districts Kangpokpi (earlier Senapati), Noney (new district) and Tamenglong. Refer to Appendix-5 for Office Order of the Principal Chief Conservator of Forests, GoM.

Sl No

Name of Village / Ward

Private Land

acquisition in

Hectare

Govt. Land

acquisition in

Hectare

Chainage of Imphal -Kangchup

Section

Land acquisition

required in Sq. mt./Acres/

Hectare

Requisition submitted to DC for LA under Section 3

Remarks

1 97-Uripok NA 0.0041 0.00 to 3.200

(Lamphel Sub-

Division;

3.200 to 12.900

(Lamshang Sub-

division)

Total 63.3697 acres/ 25.6448 hectares of land required, out of 43.94052 acres/ 17.78209 hectares of land are State Government land. Private land is 19.42918 acres/ 7.86271 hectares only.

Notified under rule 3 (1) read with section 4 (1) by the Revenue department, Government of Manipur, vide no. 4/26/LA/2016-Com (Rev) dated 12.07.2016.

JAS of assets and standing property measure-ment completed. Total 633 structures are affected including TH/NTH category. No progress in LA status at Km. 0+00 to 12+900.

2 88-Lalambung 0.5157 0.9245 3 92-Iroisemba 0.1954 1.4939 4 93- Takyel Khongbal NA NA Sub-total 0.7111 2.4225 5 52-Laingam Khul NA 0.009105 6 53-Lamshang 0.919202 3.03514 7 57-Kangchup 0.857322 2.115858 8 58- Awang Lairenkabi 1.023413 2.668092 9 59- Kharang Koireng 0.657743 0.645473 10 62- Kha Lairenkabi 0.233503 0.630743 11 63- Heibongpokpi 0.164747 1.383013 12 64- Haorang Sabal 0.870600 0.553569 13 95-Taothong 1.520719 1.875556 14 105-Lamdeng Khunou 0.137835 2.443127 Sub-total 6.385089 15.35963 Total 7.096162 17.78217

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25. All the land required for ‘Kangchup-Tamenglong’ sub-section under IKTR sub-project has been transferred by the land owners/village chief/headmen through a deed of agreement, which has been registered. All the required 69 numbers of land donation agreements have been executed between land owners/village chief/headmen and Project Director of Externally Aided Projects (PD-EAP) under MPWD. This MOU for the donation of land has been signed on Non-Judicial Government of India Stamp Paper since March 2016. The signed MOUs have been registered by the respective Registrar/Tahasildar. Total MOUs signed and registration completed till date is 61 from Tamenglong District and 8 from Senapati District. Copy of sample “Agreement Deed” and copy of sample letter issued by the Office of the Sub-register, GoM is attached in the Appendix-6.

26. Based on the final alignment of DPR and implementable design for Kangchup- Tamenglong road sub-section, the JAS has commenced since May 17, 2016, by concerned Government agencies for standing properties/assets viz: standing structures, horticulture/agricultural crops, timber trees, fisheries. To further speed-up the process of JAS in Kangchup-Tamenglong road sub-section, PD-EAP has issued a letter on 1st September 2017, to Deputy Commissioner, Tamenglong District, requesting for joint assessment of standing properties in the project road alignment from Km 39+200 to Km 45+000, Km 52+000 to Km 56+600 and Km 69+000 to Km 72+400 respectively in respect of "lmphal-Kangchup-Tamenglong Road" under ADB assisted SRCIP Project in the State of Manipur (Copy of letter attached in Appendix-7). Yet again PD-EAP has issued another letter on 14th December 2017, to Deputy Commissioner, Kangpokpi District, requesting for report on the JAS undertaken on 19th April 2017 at chainage 32+00 to 34+900 in village Waphong Inthan (Copy of letter attached in Appendix-8).

27. According to the approved Micro Plan till 31st December 2017, along the Kangchup-Tamenglong road sub-section; an amount of Rs. 3,23,09,114 is worked out as compensation disbursement for the loss of horticultural class of trees to 67 DPs/AHs. Out of this, a cumulative amount of Rs. 3,21,85,442 has been disbursed to 62 DPs/AHs as compensation payable to horticultural class of trees at sub-project Chainage between12+900 and 34+900, and horticulture and agriculture compensation for Chainage between72+460 and 82+500, and from Chainage 97+760 to 98+460. The status of approved micro-plan and compensation disbursed with percentage of achievement till December 31, 2017 is given at Table 6. A sample copy of Micro Plan attached in Appendix-9.

Table 6: Status of Micro-plans and amount disbursed till December 31, 2017

Sl. No.

Chainage of

Micro-plan

No. of AHs/DPs as

per approved

Micro-plans

Total amount

approved in Micro-

plans (INR)

No. of

AHs/ DPs paid

% of achievement (DP/

AHs)

Total disbursed

amount (INR)

% of achievement (amount disbursed)

Remarks

1 12.900 to 30.00

41 12,78,500 36 87.8048 11,55,028 90.3424

01 Micro-plan for horticultural class of trees

2 72+460 to 82+500 and 97+760 to 98+460

19 3,08,31,336 19 100 3,08,31,136 99.9993

Micro-plan for horticultural class of trees and agricultural crops

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 29

Sl. No.

Chainage of

Micro-plan

No. of AHs/DPs as

per approved

Micro-plans

Total amount

approved in Micro-

plans (INR)

No. of

AHs/ DPs paid

% of achievement (DP/

AHs)

Total disbursed

amount (INR)

% of achievement (amount disbursed)

Remarks

3 32+810 to 33+600 (LHS)

07 19,9,278 07 100 19,9,278 100

Micro-plan for horticultural class of trees

Total 67 3,23,09,114 62 95.9349 (average) 3,21,85,442 96.780

(average) Satisfactory

progress Source: Approved stretch-wise Micro-plans of NGO and R&R disbursement register of PIU/MPWD for IKTR sub-project.

28. Preparation and approval of Identity card (ID) for each affected DPs/AHs for disbursement of the compensation and assistance based on approved Micro-plan has been prepared by the NGO. ID cards containing detailed information about the affected households, entitlement for compensation and assistance. Such approved ID cards signed by the PD-EAP, RO (PIU) and NGO representative were distributed to the concerned affected households and its copy has been kept in PIU office for record. A sample approved Identity Card of DPs/AHs attached in Appendix-10.

29. The bank account of entitled head of affected households in the nationalized Bank was required for depositing the cheque of compensation and assistance amount. NGO has assisted the affected households for opening the Bank accounts and also verified the existing accounts required for the transactions. Compensation cheques were handed over publicly to the entitled displaced persons under the IKTR project. Photograph of compensation disbursement and receipt memo of disbursed compensation are attached in Appendix-11 for reference.

30. The cut-off date for Kangchup-Tamenglong road sub-section of this IKTR project was fixed as the date of start of survey i.e. May 17, 2016. In this context, a notification has been issued dated September 20, 2016 by PWD, GoM (Refer to Appendix-12).

31. Detail status of chainage and village-wise land acquisition and disbursement for compensation, assistance and other related activities undertaken till date is attached in Appendix-22.

32. In order to safeguard the community interest and sentiment attached with CPRs; it is advised that the construction work on CPRs or adjacent to CPRs need to be avoided till meaningful community consultation undertaken. No CPRs are impacted till December 2017 along the IKTR subproject due to ongoing construction work. All issues and grievances related to CPRs must be brought to the notice of NGO and PD-EAP by the contractor at the earliest possible. CPRs available along the Kangchup-Tamenglong Road sub-section are mostly Government Property, Community hall and Cemetery.

H. Institutional Arrangements

33. SASEC Road Connectivity Investment Programme (SRCIP) is being carried out by the Government of Manipur (GoM) acting through the Executing-cum-Implementing Agency (EA and IA), the Manipur Public Works Department (MPWD). The Project Implementation Unit (PIU) within EA (MPWD) headed by a Project Director (PD) for Externally Aided Project (EAP) has been established. The PD will have overall

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 30

responsibility for the implementation of the project and will also be responsible for the overall coordination among ADB and GoM. A nodal officer has been appointed for dealing the social and resettlement implementation issues within PIU. PIU within MPWD is being assisted and supported by ISCD and CSC for project implementation, capacity development and supervision. Moreover, NGO is also responsible to assist and support PIU for RP and IPP implementation in IKTR sub-project.

34. The Social safeguards, gender and other monitoring responsibilities are summarized in Table-7. The implementation of RP will be guided and monitored by a set of institutions involved at various levels and stages of the sub-project. For successful implementation of the RP the proposed institutional arrangement with their role and responsibility has been outlined below. The primary institutions, who will be involved in this implementation process, are the following;

Table-7: Agencies Responsible for Social and Resettlement Plan Implementation

Key Agency Responsibility Executing Agency (MPWD)

Make final decision on roads to be included under the project; Overall responsibility for project design, feasibility, construction and

operation and guide PIU; Ensure that sufficient funds are available to properly implement all

agreed social safeguards measures; Ensure that all sub-projects comply with the provisions of ADB‘s SPS

2009 and GoI’s policies and regulations; Submit semi-annual safeguards monitoring reports to ADB.

Project Implementation Units (PIU)

(a) District Level Disseminate project information to the project affected community with

assistance of NGO, CSC, ISCD Consultants; Ensure establishment of Grievance Redress Committee at the district

level for grievance redress with assistance of NGO, CSC, and ISCD Consultants.

(b) Field Level Disclosure of project information in public spaces and through relevant

media; Disseminate project information to the community in coordination with

NGO, CSC, ISCD Consultants; Facilitate the socioeconomic survey and census; Facilitate consultation by the civil works contractor with community

throughout implementation; Oversee land acquisition and coordinate with Deputy Commissioner; Supervise the mitigation measures during implementation and its

progress; Conduct internal monitoring and prepare reports.

RP Implementing NGO

Assist in the implementation of the RP if involuntary resettlement is identified;

Assist in the implementation of the Indigenous Peoples Plan (IPP) if involuntary resettlement is identified.

Implementation Support and Capacity Development Consultants (ISCD)

Provide technical support and advise to the IAs in the implementation of the RP specifically for addressing complaints and grievances and participate in resolving issues as a member of the GRC;

Monitor and assist the NGO by providing Technical Support and advice during implementation of RP;

Provide technical advice and on the job training to the contractors as

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Key Agency Responsibility necessary;

Preparation of semi-annual monitoring reports based on the monitoring checklists and submission to PIU/MPWD for further submission to ADB;

Act as External Monitor for project with significant impact. Construction Supervision Consultant (CSC)

Provide technical support and advise to the IAs in the implementation of the RP specifically for addressing complaints and grievances;

Monitor and assist the NGO by providing Technical Support and advice during implementation of RP;

Provide technical advice and on the job training to the contractors as necessary;

Overall field level support to NGO and supervise RP implementation and reporting to PIU/MPWD.

Contractor Consult community and PIU regarding location of construction camps; Sign agreement with titleholder for temporary use of land and restore

the land to equal or better condition upon completion; Commence construction work only when alignment is free of

encumbrance; Respond in a timely fashion to recommendations from GRCs

District level officials

Provide any existing socioeconomic information, maps and other related information to CSC/ISCD Consultant prior to the field data/information collection activities;

Act as the local focal point of information dissemination; Execute land acquisition process.

Community Based Organizations

Ensure the community participation at various stages of the project; Coordination with stakeholder organizations; Assist in Monitoring of the project; Providing indigenous knowledge as required.

Village Level Committee

Provide correct and accurate data and information from project formulation stage;

Assist the project team to implement the project smoothly; Arrange proper community participation

ADB Review RF and due diligence/RP and endorse or modify the project classification;

Review planning documents and disclose the draft and final reports on the ADB‘s website as required;

Monitor implementation through review missions; Provide assistance to the EA and IA of sub-projects, if required, in

carrying out its responsibilities and for building capacity for safeguard compliance;

Monitor overall compliance of the project to ADB SPS 2009. 35. The ISCD has a Social and Resettlement Specialist supported by Social

Development Specialist of CSC and is responsible for the preparation of External Social Monitoring Report (ESMR), institutional support and capacity development training material reports, Resettlement Plan, and Indigenous Peoples Plan including reviewing the progress of NGO work/activities and any other required reports desired by PIU/ADB. The Social and Resettlement Specialist of ISCD is reviewing and finalizing all reports in consultation with the Resettlement Officer (RO) of PIU. The ISCD Specialist is also submitting periodic external social monitoring and implementation reports to the office of PD (EAP), who is taking follow-up actions, where necessary.

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ISCD-SRCIP-Semi Annual External SSMR (Jul 2017 – Dec 2017) 32

I. Capacity Development

36. The dedicated staff of MPWD at head office and field level involved in land acquisition and resettlement activities will undergo an orientation training on ADB resettlement policy and management activities. Broadly, the training will cover topics such as; (i) Principles and procedures of land acquisition; (ii) Meaningful public consultation and participation; (iii) Entitlements of compensation and assistance and disbursement mechanisms; (iv) Grievance redressal mechanism; (v) Monitoring of resettlement and rehabilitation management operations.

The Social and Resettlement Expert of ISCD Consultant will impart training to the field office staff during the sub-project implementation as required. The specific components under the capacity development and training will cover the following topics besides mentioned in detail in the Table No. 8. A Social Safeguards Capacity Building Monitoring format attached in Appendix-20 for reference. (a) Understanding the ADB Policy Guidelines and requirements and differences

between country policy and laws; (b) Understanding the policy and procedure adopted for the IKTR sub-project; (c) Understanding the Implementation Schedule activities step-by-step; (d) Understanding the Monitoring and reporting mechanism; (e) Understanding the economic rehabilitation measures.

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Table 8: Proposed Training and Capacity Development Programme of MPWD officials and Stakeholders of IKTR Project

Sl. No.

Proposed Date

Domain of Training and Capacity Building Programme Nature of Training

Time Morning Secession

(10.30 am to 1.00 pm)

Afternoon Secession

(2.30 pm to 4.15 pm)

1 To be

Decided (TBD)

Involuntary Resettlement (IR) Safeguards requirement rule as per ADB Safeguards Policy Statement, 2009.

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

2 TBD

Involuntary Resettlement (IR) Safeguards:

IR Safeguards Planning IR Safeguards Implementation IR Safeguards Monitoring

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

3 TBD Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013).

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

4 TBD

Legal Provisions for Tribals in India: Provisions of the Panchayat (Extension to

Scheduled Areas) Act (PESA), 1996. The Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006.

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

5 TBD

IP Safeguards Requirements: The Manipur (Hill Areas) District Councils Act, 1971

(Act 76 of 1971). IP Safeguards Planning and Implementation. Good Practice in Social Safeguards Implementation

(A Case Study)

Power Point Presentation proceeds with participatory discussion.

10.30 am – 1.00 pm with tea break of 15 minutes at 11.30am.

2.30 pm to 4.15 pm with tea break of 15 minutes at 3.00 pm.

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J. RP implementation process

37. The implementation of RP and IPP requires several activities to be performed by the EA/IA. Such activities include conducting consultations with DPs and other stakeholders, disclosure of entitlement matrix, dissemination of project information, identification and verification of DPs, preparation of micro-plans (MPs), preparation and distribution of identity cards (IDs), opening of Bank Accounts of DPs if needed, assist the EA/IA in compensation disbursement, coordinate with DPs, EA/IA and officials of revenue and line departments, organizing GRC meetings, data collection for monitoring and reporting, updation of RPs as required, etc. At the field level, along with the PIU officials, NGO performed major role in carrying out the above mentioned activities required for RP implementation. The work progress of NGO since mobilization in December 4, 2016 to till December 31, 2017, was assessed to be satisfactory. The delay in assessment of impacts, identification and verification of DPs, land acquisition in IKTR sub-project and procedural delay due to involvement of multiple Government agencies during JAS so far have been observed. However in recent months, NGO has mobilized more resources including man-power. Moreover, NGO is helping PIU to follow-up the work related to land acquisition and settlement of issues with village community.

38. Based on the JAS of AHs/DPs by the concerned line department officials of land and revenue, PIU/NGO and others, the stretch wise impacts has been assessed, micro-plan prepared for the households of Kangchup-Tamenglong road sub-section under the IKTR sub-project. In this Kangchup-Tamenglong road sub-section, land has been donated by village chief/authority. The preparation of micro-plan for the titled households in Imphal-Kangchup road sub-section will be initiated by the NGO after identification and publication of names under land acquisition notification by the District Collector of Imphal West. The micro-plan of Kangchup-Tamenglong road sub-section was further verified by the Resettlement Officer (RO) at PIU level. Such verified micro-plans by the PIU has been submitted to GoM for final approval. The approved micro-plan is mandatory for disbursement of compensation and assistance amount to the titled and non-titled households. Micro-plan consists of detailed information like, name and address of entitled person, type and magnitude of impacts, value/rate considered for calculation of compensation amount of land and structure or any other loss of property, type of assistance (shifting, transitional, training, special to vulnerable groups, etc) as per the entitlement matrix.

39. Implementation of RPs mainly consists of compensation to be paid for affected private land, structure, agriculture, horticulture, forestry, fisheries, etc and rehabilitation and resettlement activities in IKTR sub-project. The time for implementation of RPs will be scheduled as per the overall sub-project implementation. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Disbursement of compensation has been paid to the affected households (AHs) under Kangchup-Tamenglong road subsection. In this context, a monitoring format attached in Appendix-22 for reference. The EA and PIU will ensure that no physical or economic displacement of DPs occur until: (i) Compensation at full replacement cost has been paid to displaced persons for

project components or sections that are ready to be constructed; (ii) Other entitlements listed in the resettlement plan are provided with displaced

persons; and

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(iii) a comprehensive income and livelihood rehabilitation programme, supported by adequate budget, is in place to help displaced persons, improve, or at least restore, their incomes and livelihoods.

40. No income restoration training programme is undertaken yet. In this context, a

monitoring format attached in Appendix-13 for reference. Furthermore, all RPs will be revised during detailed design/construction, and the updated RPs will be approved by government and ADB for disclosure. Public consultation, monitoring and grievance redress has been undertaken intermittently and this will continue throughout the sub-project duration. However, the work schedule is subject to modification depending on the progress of the sub-project activities. The IKTR sub-project construction work of specific stretch will be undertaken only after all compensation disbursement is done and resettlement and rehabilitation process completed or any such measures are in place.

41. Public Consultation Meeting (PCM) and Focused Group Discussion (FGD) is the primary method of communication and preliminary information disclosure with the DPs/AHs and all other stakeholders about the sub-project. During this semi-annual period, on 6th September 2017, a joint meeting was held with District Commissioner, PIU, NGO and DPs/AHs under District Tamenglong to address the compensation assessment and payment disbursement issues, and finalization of dumping sites. On 12th September 2017, a joint re-assessment survey was undertaken along with the DPs/AHs at village Kangchup Patjang (Km. 13.00) to village Kangchup Chiru (Km.15.00). The JAS team re-assessed the impacts due to IKTR sub-project alignment and valuation of horticultural class of trees with due consultation with village chief and community members. On 26th September 2017, a JAS was undertaken along with DPs/AHs at village Bhalok-2 and Bhalok-3 (Km. 81+505 to 82+500) with consultation to address issues related to horticulture and agriculture sub-project due to IKTR construction work. On 1st December 2017, another JAS was undertaken at village Nagaching from Km. 55.00 to Km. 58.200 with due consultation of village chairperson and other community members to address the issue of sub-project alignment, soil cutting and unauthorized dumping, and stream water pollution. Photographs of PCMs/FGDs held on 6th, 12th, and 26th September 2017 and 1st December 2017, attached in Appendix-14 and a consultation monitoring format has also been attached in Appendix-15 for reference. Project information dissemination to DPs/AHs under public disclosure policy is a continuous process, which has been undertaken by NGO along the IKTR sub-project.

42. Project Implementation Unit (PIU) level Grievance Redressal Committee (GRC) need to be constituted under SRCIP project road of IKTR subproject in Manipur to address Resettlement and Rehabilitation, disbursement of compensation and assistance issues. According to PIU, 03 number of GRC will be constituted under Kangchup-Tamenglong road sub-section depending on the public accessibility and geographical location. One GRC for the sub-section Km 12+900 (Kangchup) to Km 34+900 (Waphong Inthan) has been constituted and notified on dated 14th November 2017, comprising of 18 members, which will work from Kangchup. The other two GRC will deal the sub-section Km 36+400 (Ijeirong) to Km. 70+450 (Warangba) and Km 71+450 (Khebuching) to Km 102.020 (Glorylane), which will work from Noney and Tamenglong respectively. Rest 02 PIU level GRC will be constituted soon. Copy of GRC notification attached in Appendix-16 for reference.

43. No GRM monitoring has been undertaken so far due to the non-availability of registered grievance for the GRC operating at Kangchup. A GRM monitoring format in this context attached in Appendix-17 for reference.

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44. To mitigate the various issues of LA, R&R compensation and assistance likely arises due to the implementation of IKTR sub-project; PD-EAP would shortly notify another two GRC at PIU level and one GRC at EA (State) level. The GRC will mitigate the issues of complaints on a periodic basis with close co-ordination of NGO, VLC, and representatives of DPs, IA and EA.

K. HIV/AIDS Awareness:

45. The highways and roads facilitate an easy access and mobility of people, including the high risk groups. It has exposed and may cause the risk of HIV/AIDS transmission without its awareness and prevention measures. In this IKTR sub-project roads, implementing NGO in association with Contractor and staff of PIU have conducted HIV/AIDS awareness generation and prevention campaign on December 01, 2017 among the labour and staff working in the sub-project and the surrounding community at different locations. It is proposed to organize another training program on HIV/AIDS during the month of June 2018. Photograph of HIV/AIDS awareness programme conducted is given in Appendix- 18.

46. Such programmes were mainly conducted with the help of medical and paramedical staff of Manipur State AIDS Control Society (MSACS). The counselling/ advisory on HIV/AIDS, availability and distribution of condoms, voluntary confidential counselling for testing (VCCT) and STI treatment were undertaken for workers and village adults. NGOs also had personal contacts and group discussions at hot spots like highway hotels, truck parking places and contacted truck drivers, helpers, assistants, local community people for generating awareness through display of banners and posters against HIV/AIDS.

L. Grievance Redress Mechanism

47. A Grievance Redressal Committee (GRC) will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRC will be headed by the District Collector (DC) or his designated representative. The GRC will have representative from the PIU field office, representatives of APs, particularly of vulnerable DPs, local government representatives, representative of local NGOs and other interest groups as felt necessary. Since the NGO will be working closely with the DPs on a day-to-day basis to implement the RP, all Grievances will be routed through the NGO to the GRC. The NGO will act as an in-built grievance redress body. The NGO will register first all the grievances and take up with VLC for redress and any grievances not redressed at VLC level will be dealt in by the GRC. Grievances will be redressed within two to four weeks from the date of lodging the complaints, depending on severity of problem. The APs, who may not be satisfied with the decision of the GRC, will have the right to take the grievance to the PIU Head Office for its redress. However, an aggrieved person will have access to the country's judiciary at any stage of the sub-project level grievance redress process. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the level of GRC. The PIU has requested the nominated NGO to propose suitable candidates for PWD and PIU level GRC members from DPs, IPs, and the local NGOs vide letter of dated 26.11.2016 (Refer to Appendix-19). (i) The State level GRC will comprise of the:

Chief Engineer, PWD, Chairperson;

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Project Director, ADB Cell, Member Secretary; Deputy Commissioner (or his representative); Resettlement Officer, ADB Cell; A representative from IP community or NGO for IP related issue.

(ii) The PIU level GRC will comprise of the:

PIU Head –Chairperson; A representative from District Administration; Executive Engineer, local PWD office/ Project Manager; Resettlement Officer, PIU, Manipur; A representative from local NGOs or a local person of repute and standing

in the society; Elected representative from Zila Parisad /District Council; A representative for women from a relevant agency which could be from

the government, or NGO or local community; A representative from IP community or NGO for IP related issue; A representative from DPs shall also be member of GRC.

(iii) One of the above members in the PIU level GRC will be a woman. The

following flow chart (Figure 1) defines the process of the GRM.

Figure-1: Grievance Redress Mechanism

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M. Corrective Action Plan

The RP implementation process of Imphal-Kangchup-Tamenglong Road (IKTR) sub-project has moved fast in this semi-annual period. Few corrective action plan suggested below here;

A full time Social Safeguards Officer needs to be appointed at PIU/MPWD; Resolve issue of revised JAS and finalization of compensation for horticulture

at village Kangchup Chiru; During preparation of Micro-plan and fixing the compensation amount, a round

figure must be provided in-order to avoid further justification on un-disbursed total amount under IKTR sub-project;

The summary of FGDs / public consultation meetings undertaken by NGO must be documented with signature of participants and photographs systematically;

Ensure that complaint from DPs/AHs of IKTR sub-project get registered at NGO level first;

Ensure regular meetings of Grievance Redress Committees (GRCs) with participation of women representatives;

Strengthen synchronization between CSC, ISCD and NGO in finalization of RP, IPP implementation and land acquisition plans by jointly working and drawing a definitive and reliable strip plans;

Organize consultation meetings with affected persons along sub-project roads explaining final land acquisition impacts and their mitigation and disclose LARR information pamphlet in local language;

SIA approval process needs to be expedited by the project authority for quick LA process.

Corrective Action Plan Monitoring format attached in Appendix-21 for reference.

N. Lessons learned 48. The best part of IKTR sub-project implementation is “land donation” in Kangchup-

Tamenglong Road (KTR) section through MOU between project authority and the beneficiary stakeholders. This process of land donation should be encouraged to the beneficiary stakeholders in upcoming sub-projects for construction of sustainable roads and other infrastructure.

O. Conclusion and Recommendations

Overall the implementation of LARR activities/RPs follows the ADB SPS, 2009, applicable National and State laws and policies. MPWD is committed to comply with the legal covenants.

Also, it is recommended that a Land Acquisition Officer (LAO) from land

revenue department may be appointed on deputation in PIU/MPWD for smooth process of LA and compensation disbursement.

The construction work of any section under IKTR sub-project should not be

undertaken, where DPs are not compensated according to the provision of RP and IPP.

The NGO may be instructed to mobilize more staff members and resources to

speed-up the RP and IPP implementation process as earliest as possible.

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APPENDIX

Appendix-1 Revenue Department (GoM) Notification for LA and SIA

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Appendix-2 Formation of Committee for purchase of land through Negotiation

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Appendix-3 Letter of PD (EAP) to undertake Joint Assessment Survey under District Imphal West

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Appendix-4 Photographs of JAS during July – December 2017 period

JAS undertaken on July 11, 2017 from km. 12+900 to Km. 20+600 of road section

Joint Assessment Survey undertaken between Km 0+00 to Km 12.90

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Appendix-5 Office Order of the Principal Chief Conservator of Forests, GoM

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Appendix-6 Sample copy of Land Donation by Agreement Deeds and Registration

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Appendix-7 Letter of request to DC, Tamenglong for JAS

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Appendix-8 Letter of request to DC, Kangpokpi for JAS Report

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Appendix-9 Sample Copy of Micro Plan

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Appendix-10 Sample approved Identity Card for DPs/AHs

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Appendix-11 Photograph of Compensation disbursement and Receipt memo of

disbursed compensation

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Appendix-12 Cut-off date Notification for Kangchup-Tamenglong Road Section

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Appendix-13 Income Restoration Training Program Monitoring Project: Sub-project:

Date Venue Training Institution Participants No. & Type) Topics covered Comments

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Appendix-14 Photographs of PCMs / FGDs held during the July-December 2017 Semi-annual Social Monitoring period

Consultation meeting held on 6th September, 2017 at DC, Tamenglong Office on JAS and Compensation

disbursement

JAS and Consultation meeting held on 12th September, 2017 at Km. 13.00 (Kangchup Patjang) to Km. 15.00 (Kangchup Chiru)

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JAS and Consultation meeting held on 26th September 2017 at Km. 80+00 to 82+500 (Bhalok 2 & 3)

JAS and Consultation meeting held on 1st December, 2017 at Km. 55+00 (Nagaching)

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Appendix-15 Consultation Monitoring Sub-project: Imphal-Kangchup-Tamenglong Road (IKTR)

Date Location Participants (No. & Type) Issues / Discussion / Agreements Comments 1st December 2017

Nagaching 45 participants represented by village Chairperson and Village community members including 1 women

New alignment proposal was given by the Chairperson of village Nagaching in the month of May 2017 to change the project alignment between Km. 53.400 and Km.54.700.

Chairperson and Villagers of Nagaching has raised their voice before SDO Tamenglong and Haochong that the Project Authority is sending the JAS team without clarifying on the proposal of alignment change given by the Chairperson of village Nagaching.

Soil cutting and dumping undertaken by the Civil Contractor at village Nagaching.

Pollution of water source due to unprotected soil cutting and unauthorized soil dumping.

It has been promised by the representative of Civil Contractor in the presence of SDO Tamenglong and Haochong that the issue of alignment change will be apprised to Project Authority (PIU/PWD) and decision of PIU will be communicated to the Chairperson of Nagaching and other members of the village within one week.

After this consultation with the villagers of Nagaching, the JAS was undertaken with the permission of village Chairperson from Km 55.00 to 58.200.

PIU will ensure proper dumping area for the extra soil and free flow of clean water from source to the village Nagaching.

26rh September 2017

Bhalok 2 & 3 27 participants represented by village headman and community members

Discussion on JAS and compensation disbursement of horticulture and agriculture.

Soil cutting and unauthorized dumping creating pollution and environmental problem and polluting the stream water affecting the agriculture.

JAS team tried to make understand the villagers about the calculation method for compensation and disbursement procedure.

Unauthorized soil cutting and dumping will be prevented.

Damage to agriculture due to soil cutting will be compensated.

12th September 2017

Kangchup Patjan Kangchup Chiru g and

16 participants represented by village headman and community members

Line department officials of JAS team gathered information related to standing property, trees etc. to calculate compensation payment.

People were demanding extra compensation beyond official line.

Villagers want drinking water facility through pipe connection.

Health center facility and controlled traffic movement with speed breaker in order to prevent accident.

6th September 2017

Tamenglong 42 Participant represented by village headman and community members

Compensation assessment in actual and disbursement of payment.

Finalization of dumping sites.

DC Tamenglong directed the SDO to look after the issue sensitively.

Dumping sites will be finalized by District administration.

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Appendix-16 PIU Level GRC Constituted and Notified for the Section Km 12+900 (Kangchup) to 34+900 (Waphong Inthan)

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Appendix-17 GRM Monitoring Format

Sub-project: Imphal-Kangchup-Tamenglong Road (IKTR)

Date Complainant Receiving Officer Complaint Status of Resolution Comments

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Appendix-18 Photographs of HIV/AIDS awareness Programme undertaken on December 1, 2017.

HIV/AIDS Awareness Training Programmes at Labour Camp Site

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Appendix-19 Proposal required for suitable candidates from NGO for formation of

GRC at PIU/PWD level

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Appendix-20 Safeguards Capacity Building Monitoring Sub-project:

Date Venue Participants (No. & Type)

Topics covered Comments

Appendix-21 Corrective Action Plan Monitoring Sub-project:

Gap / Outstanding Action

Corrective Action

Due Date Responsible Actors

Status to Date Comments

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Appendix-22 Land Acquisition, Resettlement and Rehabilitation Process Monitoring

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