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Resettlement Plan Document Stage: Draft March 2011 IND: Railway Sector Investment Program Sambalpur–Titlagargh Subproject Prepared by Ministry of Railways for the Asian Development Bank.
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RP: India: Sambalpur-Titlagargh Subproject, Railway … Railway Sector Investment Program Sambalpur–Titlagargh Subproject Prepared by Ministry of Railways for the Asian Development

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Page 1: RP: India: Sambalpur-Titlagargh Subproject, Railway … Railway Sector Investment Program Sambalpur–Titlagargh Subproject Prepared by Ministry of Railways for the Asian Development

Resettlement Plan Document Stage: Draft March 2011

IND: Railway Sector Investment Program Sambalpur–Titlagargh Subproject Prepared by Ministry of Railways for the Asian Development Bank.

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CURRENCY EQUIVALENTS (as of 16 March 2011)

Currency unit – Indian rupee (Rs)

Rs 1.00 = $ 0.02222 $1.00 = Rs 45.00

ABBREVIATIONS

ADB Asian Development Bank APs affected persons BC backward castes DC district collector EA executing agency GRC Grievance Redress Committee IA implementing agency IPP indigenous peoples plan IPPF indigenous peoples planning framework IR Policy Asian Development Bank Policy on Involuntary Resettlement LAA Land Acquisition Act 1894, as amended in 1984 LAA Bill-2007 Land Acquisition Bill of 2007 (Proposed Amendment to LAA) M&E monitoring and evaluation MFF multi-tranche financing facility NGOs non-government organizations NRRP-2007 National Rehabilitation and Resettlement Policy, 2007 ORRP Orissa Resettlement and Rehabilitation Policy PAFs Project affected families PIUs Project implementation units R&R resettlement and rehabilitation RF resettlement framework RO resettlement officer RP resettlement plan RVNL Rail Vikas Nigam Limited SCs scheduled castes SIA social impact assessment STs scheduled tribes

WEIGHTS AND MEASURES

km kilometer Km/h kilometer per hour m meter m2 square meter

NOTE

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

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

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Table of Contents

Executive Summary ................................................................................................. i 1. Project Description ...................................................................................... 1 1.1 The Project .................................................................................................... 1 1.2 Subproject Background ................................................................................. 1 1.3 Scope of Subproject Work ............................................................................. 2 2. Scope of Land Acquisition and Resettlement ........................................... 3 2.1 Scope of Land Acquisition ............................................................................. 3 2.2 Minimization of Resettlement ......................................................................... 3 2.3 Census .......................................................................................................... 3 2.4 Subproject Impacts ........................................................................................ 3 3. Socio-Economic Profile .............................................................................. 8 3.1 Social Assessment ........................................................................................ 8 3.2 Baseline Socioeconomic Sample Survey ..................................................... 10 3.3 Gender Analysis for the Project Area ........................................................... 12 4. Resettlement Policy and Legal Framework ............................................. 14 4.1 Resettlement Principles for the Project ........................................................ 14 4.2 Valuation of Assets ...................................................................................... 15 4.3 Entitlement Matrix ........................................................................................ 16 4.4 Cut-off Date ................................................................................................. 20 5. Public Consultation and Disclosure of Information ................................ 21 5.1 Public Consultation in the Project ................................................................ 21 5.2 Consultations with Officials .......................................................................... 21 5.3 Major Findings of the Consultations with APs .............................................. 22 5.4 Plan for Future Consultations in the Project ...................................................22 5.5 Disclosure of RP .......................................................................................... 24 6. Relocation and Income Restoration Measures........................................ 25 6.1 Need for Relocation ..................................................................................... 25 6.2 Relocation Strategy ..................................................................................... 25 6.3 Income Restoration Measures ..................................................................... 25 6.4 Additional Support from Ongoing Poverty Reduction Programs ................... 27 6.5 Specific Action for Tribals and Other Vulnerable Groups ………………….. ..27

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7. Institutional Arrangements ....................................................................... 28 7.1 Institutional Requirements ........................................................................... 28 7.2 Institutional Setup for Project Execution ...................................................... 28 7.3 Grievance Redress Mechanism ................................................................... 28 7.4 Non-Governmental Organization Involvement in RP Implementation .......... 29 7.5 Role of Agencies Responsible for IR Implementation .................................. 30 8. Budget and Financing ............................................................................... 32 8.1 R&R Cost .................................................................................................... 32 8.2 Replacement Cost of Land .......................................................................... 32 8.3 Replacement Cost of Structures .................................................................. 32 8.4 Assistance for DPs ...................................................................................... 33 8.5 Compensation for Trees .............................................................................. 33 8.6 Replacement Cost of CPR ........................................................................... 34 8.7 RP Implementation Cost .............................................................................. 34 8.8 Summary R&R Budget ................................................................................ 34 8.9 Sources of Funding ..................................................................................... 35 9. Implementation Schedule ......................................................................... 36 9.1 RP Implementation ...................................................................................... 36 9.2 Schedule for Project Implementation ........................................................... 36 9.3 R&R Implementation Schedule .................................................................... 37 10. Monitoring and Reporting ......................................................................... 38 10.1 Need for Monitoring and Reporting .............................................................. 38 10.2 Monitoring in the Subproject ........................................................................ 38 10.3 Monitoring Indicators ................................................................................... 39 10.4 Reporting Requirements .............................................................................. 40

Appendix 1: Census Questionnaire…………………………………………………...41 Appendix 2: Socio-Economic Survey Questionnaire…………………………..……45 Appendix 3: Summary Findings of the Focus Group Discussions…...………...….48 Appendix 4: TOR for NGO…………………………………………..………...…….....59

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Executive Summary A. Project Description 1. The Railway Sector Investment Program (RSIP) has been formulated by the Ministry of Railways, Government of India (Executing Agency [EA]), and will receive financing from the Asian Development Bank (ADB) under the loan modality of multi-tranche financing facility (MFF). Under the RSIP, the subproject from Sambalpur to Titlagarh in the state of Orissa will ‘double lane’ 182 kilometres of track. B. Scope of Land Acquisition 2. The proposed subproject involves doubling of railway track for the entire length of the section and improvement of stations including platform extensions and additional tracks at stations. In addition to the track doubling, the subproject proposal also includes one station at Sukta Pali (Km. 594.865) and offices and staff quarters at Bargarh road (Km. 605.347). As per the engineering report and Land Acquisition Plan prepared by RVNL for this Subproject, altogether 147.44 acres of land is required for the proposed track doubling and to accommodate other proposed infrastructure. In a linear project such as a railway line, there is always a limited scope for minimization of impacts due to engineering constraints. However, in this subproject the following attempts have been made to minimize resettlement impacts:

Proposed new track at the closest possible distance from the existing line Proposed new bridges close to the existing ones Avoiding construction of new platforms/stations by proposing expansion of existing

platforms/stations only C. Resettlement Impacts 3. The subproject impacts can broadly be categorized as loss of private land assets, loss of private non-land assets, loss of government land, loss of private trees, and loss of livelihoods. According to the subproject census survey, a total of 388 affected households and 3547 displaced persons are identified in the subproject. The largest proportions of affected households are losing part of their land to the project. A summary of subproject impacts in terms of affected assets and displaced persons identified during the course of the census is presented in Table 1.

Table 1: Summary Subproject Impacts

Sl. No. Type of Subproject impacts Number 1 Total number of plots affected (private + government) 512 2 Total number of structures affected (private + government) 55 3 Total number of affected households (titleholders + non-

titleholders) 388

4 Total Number of Affected Individual (sharecroppers + tenants + agricultural laborers)

36

5 Total number of displaced persons (DPs) 3,547

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D. Legal Framework and Project Entitlement 4. The legal framework and principles adopted for addressing resettlement issues in the project have been guided by the existing legislation and policies of the Government of India (GoI), the Government of Orissa, and the Safeguard Policy Statement (SPS) 2009 of Asian Development Bank. A resettlement framework (RF) has been prepared for the Railway Sector Investment Program, and all subprojects included in the programme will follow the RF guidelines for resettlement planning and implementation. The entitlement matrix has been formulated, according to the resettlement principles that are applicable to this project in order to specifically reflect various types of losses resulting from the subproject and specific compensation and resettlement packages. 5. In the case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act-1894 (LAA) will be treated as the cut-off date. For the non-titleholders such as squatters and encroachers eligible for compensation and assistance as outlined in the entitlement matrix, the date of project census, i.e., August-September 2008 will be considered as the cut-off date. People moving in the subproject area after 12 September 2008 will not be entitled to any kind of compensation or assistance as per provisions made herein. E. Public Consultation and Disclosure 6. Aiming at promotion of public understanding (affected peoples and other beneficiaries) and effective solutions of developmental problems—such as local needs and problem of resettlement—various sections of affected peoples (APs) and other stakeholders were consulted through focus group discussions (FGD) and individual interviews. Consultations and discussions were held in the subproject areas with the affected families and other stakeholders, including village heads, village administrative officers, officials from revenue departments, heads of households, women’s groups, farmers, business communities, and other vulnerable DPs like the scheduled castes and people below the poverty line (BPL). Consultations were organized to get wider public input from both the primary and secondary stakeholders (see Appendix 3). 7. To bolster transparency in planning and to promote further active involvement of DPs and other stakeholders, project information has been shared through a series of consultations in affected communities. This RP is prepared in consultation with officials through individual discussions and involving DPs through FGDs during census survey. Once the RP is approved by ADB, the EA will disclose the information to DPs. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language(s) and distributed to DPs. Each DP will be provided information regarding specific entitlements. The implementing non-governmental organization (NGO) will keep the affected people informed about project impacts, compensation and other assistance, and will facilitate grievance redress, if any. 8. The subproject Resettlement Plan (RP) will be made available in local language(s) such as Oriya during the public meetings at the community level. Copies of RPs will also be made available at the headquarters (HQ) and Project Implementation Unit (PIU) offices and District Collectors’ offices as soon as the plans are approved by ADB, and certainly before land is acquired for the project. The RP will be disclosed on ADB and EA websites. The information regarding RP disclosure, giving detail of date and location, will be shared with ADB.

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F. Relocation and Income Restoration/Improvement 9. The relocation strategy followed for this subproject is guided by the entitlement matrix provided in the project RF. The following specific measures are made for relocation of properties.

1. All landholders and DP having traditional land rights being affected by the project in terms of loss of land will be compensated for their land at replacement cost.

2. All titleholders losing structures will be compensated for their structures at replacement cost. It will be difficult to provide the concentrated resettlement colony kind of measures because of the scattered nature of impacts; cash compensation will therefore be more practical in this case.

3. All the agricultural squatters and encroachers will be given prior notice to harvest their crops and to vacate the land for the Subproject. This category of people will not be eligible for any kind of cash compensation.

4. All the non-titleholders with structures will be compensated for their structures at their replacement cost.

10. The DPs losing their livelihoods include land titleholders, agricultural labourers, agricultural tenants, sharecroppers, as well as those having commercial structures or who are commercial tenants affected by the project. The entitlement matrix for the Subproject has adequate provisions for livelihood restoration of the affected communities and income improvement for vulnerable households. The focus of livelihood restoration measures is to ensure that the DPs are able to at least regain their previous living standards while SCs, STs and others receive special allotments. The following entitlements, accommodated in the entitlement matrix, are aimed at income restoration of DPs losing their livelihoods:

1. Transitional allowance of Rs. 4,000/- per household to each affected household losing land and structures, including residential and commercial tenants

2. Shifting allowance of Rs 10,000/- per households to each affected household losing land and structures, including residential and commercial tenants

3. Training assistance of Rs 4,000/- for income generation per household to each household losing livelihoods

4. If any land has been cultivated, the land-users are entitled to and will be allowed to harvest standing crops

5. For loss of income and work days due to displacement, cash assistance for 90 days at the local agricultural wage rate as per State norms will be paid to employees, agricultural labourers and sharecroppers.

6. One time lump sum cash assistance of Rs. 10,000/- will be paid to vulnerable households including BPL, SC, ST, WHH, the disabled and the elderly as per provision made in the entitlement matrix.

G. Specific Action for Tribals and Other Vulnerable Groups

11. As per the Resettlement Framework (and in accordance with ADB Safeguard Policy Statement [2009] with regards to tribals), special compensation arrangements have been allowed for tribals in this RP, as specified in the Entitlement Matrix.

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H. Institutional Arrangement 12. The Ministry of Railways will be the Executing Agency (EA) and the Rail Vikas Nigam Limited (RVNL) will be the Implementing Agency (IA) for the project and will be responsible for the design and implementation of each subproject Resettlement Plan. A Project Implementation Unit (PIU) will be established for implementation of each subproject at zonal levels and will be supported by other technical teams at the RVNL Headquarters. For resettlement activities, HQ will do the overall coordination, planning, and financing. Implementation of the RP of each subproject will be the responsibility of each regional PIU. The IA staff and consultants for subproject preparation and implementation will include social development specialists familiar with ADB Safeguard Policy Statement (2009) and procedures for the preparation of RPs.1

There will be a Resettlement Officer (RO) in HQ, as well as Involuntary Resettlement Consultants to carry out resettlement planning and implementation supervision.

13. To implement the Sambalpur-Titlagarh subproject work, a Project Implementation Unit will be established at Kolkata Zone. Subproject-level resettlement activities will be carried out by the PIU via the appointment of an Assistant Resettlement Specialist (ARS) having adequate land acquisition and resettlement implementation expertise, who will either be deputed to the PIU or engaged on a contractual basis. The ARS at the PIU level will be assisted by the Resettlement Officer of the HQ and the Involuntary Resettlement Consultants. I. Grievance Redress Mechanism 14. A Grievance Redress Committee (GRC) at each district level will be formed to deal with the disputes and DPs’ grievances and facilitate timely implementation of the project. The GRC will be headed by the District Collector (DC; or District Magistrate) or a representative from the Collector’s office; the other members of the GRC will include the ARS from the PIU office, representatives of DPs, particularly of vulnerable DPs (including tribals), local government representatives, NGOs, at least one representative of project-affected women in each community and one representative of tribes affected by the project, if any, and other interest groups. Other than disputes relating to ownership rights under the court of law, four GRCs will be formed in the Sambalpur-Titlagarh subproject area, as there are four districts involved: Sambalpur, Bargarh, Sonpur and Balangir. GRC will review grievances involving all resettlement benefits, compensation, and other assistance. In addition, GRC will review tribal concerns, if any, and grievances and provide appropriate relief and assistance. The GRC will meet regularly (at least twice a month) on a fixed date. The Committee will look into DPs’ grievances and will assign the responsibilities for implementing Committee decisions. Claims will be reviewed and resolved within 15 days from the date of submission to the Committee. J. NGO Involvement in RP Implementation 15. Involuntary Resettlement is a sensitive issue, and strong experience in resettlement and rehabilitation (R&R) matters along with community-related skills will be required by the PIU to facilitate building good rapport with the affected communities and to ensure satisfactory R&R of the DPs. To meet this challenge, experienced and well-qualified civil society organizations (CSOs/NGOs) in this field will be engaged to assist the PIUs in the implementation of the RP. The NGO will play a facilitator role and will work as the link between PIU and affected communities. The NGO will assist DPs in income restoration/improvement by providing training 1 The consultants will also attend to Indigenous Peoples issues, if any, of each subproject.

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and guiding access to various ongoing government development schemes and agencies that provide financial assistance and loans to the poor. K. Budget 16. R&R costs of the subproject have been calculated based on resettlement census. The R&R cost includes cost of land, cost of structures, R&R assistance, according to the entitlement matrix and RP implementation costs. Contingency provisions have also made to take into account variations from this estimate if revision of this RP is required before implementation. 17. The project financing for all R&R cost will be borne by the EA. The EA will ensure allocation of funds and availability of resources for smooth implementation of the subproject R&R activities. The disbursement of money to the DPs for land acquisition will be carried out by the District Magistrate/Commissioner’s Office in each district affected by the subproject. The approved amounts will be deposited by the EA in the District Magistrate/Commissioner’s Office and disbursed by the district administration. In the case of assistance and other rehabilitation measures, the EA/IA will directly pay the money or any other assistance as stated in the RP to DPs. The implementing NGO will be involved in facilitating the disbursement process and rehabilitation program. 18. The total R&R budget for the proposed subproject RP works out to Rs. 87336166/-. Details of the budget estimates are given in Table 3. A contingency provision of 15% is made which would cover non-identified and other costs during R&R implementation.

Table 3: Summary R&R Budget

S. N Item Unit Rates Total Quantity

R&R Costs (Rs.)

A Compensation for Acquisition of Private Properties 1 Agriculture Land refer table 25 30,684,940

2 Private Structure (Residential/ Commercial) refer table 26 13,203,770

3 Fruit-bearing Trees 5,000 489 2,445,000 4 Timber Trees 2,000 2,685 5,370,000

5 Solatium (30% of the sum of the market value in consideration of compulsory nature of the acquisition)

30% 30,684,940 9,205,482

Sub-total A 60,909,192 B R&R Assistance 1 Ex-gratia assistance to affected families 20,000 365 7,300,000 2 Transitional Assistance to Landholders 4,000 26 104,000 3 Training Assistance 4,000 10 40,000 4 Shifting Assistance 10,000 26 260,000

5 Additional Support to Vulnerable households 10,000 26 260,000

6 Assistance to Agricultural Labourer/ Sharecroppers/Tenants 9,000 28 252,000

Sub-total B 8,216,000 C Community Infrastructure/CPR 1 Government Buildings refer table 28 2,819,300

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S. N Item Unit Rates Total Quantity

R&R Costs (Rs.)

Sub-total C 2,819,300 D Support implementation of RP 1 NGOs Assistance for RP Implementation refer section 8.7 3,000,000 2 RP implementation by PIU and Monitoring refer section 8.7 1,000,000

Sub-total D 4,000,000 Total (A+B+C+D) 75,944,492 Contingency (15% of total cost) 11,391,674 Grand Total 87,336,166

L. Monitoring and Reporting 19. RP implementation for the subproject will be closely monitored by the EA and IA with the help of NGO(s), and will be at the helm of all activities related to the RP implementation. The monitoring mechanism will have a two-tier system at the EA level, i.e., internal monitoring and external monitoring. 20. Internal project monitoring will be carried out by HQ/PIU and the implementing NGO. RVNL will set up the PIUs and engage the Resettlement Officer at HQ prior to the implementation of the subprojects under first tranche. The HQ through its RO and implementing NGO(s) will be responsible for the internal monitoring. External monitoring will be the responsibility of an External Monitor (EM) to be hired for the project. The EM will monitor and evaluate RP implementation to determine whether resettlement goals have been achieved, whether livelihood and living standards have been restored, and to provide recommendations for improvement.

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1 Project Description 1.1 The Project 1. The Railway Sector Investment Program has been formulated by the Ministry of Railways, Government of India (Executing Agency [EA]), and will receive financing from the Asian Development Bank (ADB) using the multi-tranche financing facility (MFF) loan modality. It includes a plan to improve railway organization and efficiency, and to develop work processes and procedures, to complement physical investments to improve the commercial orientation of railway services. In addition, a number of track doubling, electrification and/or similar subprojects are included in the first tranche and possibly for future tranches. 1.2 Subproject Background 2. Under the Railway Sector Investment Program (RSIP), the subproject from Sambalpur to Titlagarh in the state of Orissa will double 182 kilometres of track. Sambalpur-Titlagarh section is a part of the Vijianagaram-Jharsugda line, which connects the Howarah-Madras main line with Howarah-Mumbai trunk route passing through hinterland of Orissa and Andhra Pradesh. This is one of the important routes connecting the southern region with the central and northern part of the country, such as by connecting the coal rich Ib valley with the Vizag Port. 3. The subproject track section starts from the district headquarters of Sambalpur and passes through three districts, i.e., Bargarh, Sonpur and Balangir. There are 15 stations in this section and some of the major stations include Sambalpur, Bargarh Road, Balangir and Titlagarh. An index map of the subproject is presented in Figure 1 below.

Figure 1: Index Map of the Subproject

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1.3 Scope of Subproject Work 4. The proposed subproject involves doubling of railway track for the entire length of the section and improvement of stations including platform extensions and additional tracks at stations. In addition to the track doubling, the subproject proposal also includes one station at Sukta Pali (Km. 594.865) and offices and staff quarters at Bargarh road (Km. 605.347). As per the engineering report and Land Acquisition Plan prepared by RVNL for this Subproject, altogether 147.44 acres of land is required for the proposed track doubling and to accommodate other proposed infrastructure.

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2 Scope of Land Acquisition and Resettlement 2.1 Scope of Land Acquisition 5. Based on the detailed track doubling design prepared by East Coast Railway Division Sambalpur, resettlement impacts were established for the subproject. Since the existing ROW is not sufficient to accommodate the doubling proposal, there is a need for land acquisition for the subproject. According to the Land Acquisition Plan prepared by East Coast Railway Division Sambalpur, 147.44 acres of land will be acquired for the subproject. 6. The proposed land to be acquired will be 95.54 acres of private land and 51.90 acres of government land. The type of private land to be acquired will be mostly agricultural. However some homestead land including residential and commercial structures will also be affected due to the subproject proposal. 7. Overall impacts of the proposed project have been ascertained through detailed census. During the census it was found that out of 147.44 acres of land to be acquired as per the Land Acquisition Plan, there are certain discrepancies regarding landholders’ details of about 34.47 acres of land. The lists of such plots and other available details are referred to the RVNL Zonal office for necessary action and pursuance with the land and revenue department. The major findings and magnitude of impacts are discussed in the following sections. Rail Vikas Nigam Limited (RVNL) will be responsible for updating the land data and RP before implementation. 2.2 Minimization of Resettlement 8. In a linear project such as a railway line, there is typically only a limited scope for minimization of impacts due to engineering constraints. However, in this subproject the following attempts have been made to minimize the resettlement impacts:

Proposed new track at the closest possible distance from the existing line Proposed new bridges close to the existing one Avoiding construction of new platforms/stations by proposing expansion of existing

platforms/stations only 2.3 Census 9. A census was carried out during August-September 2008 to access the impacts as per the detailed design of the alignment and Land Acquisition Plan prepared by East Coast Railway Division Sambalpur. The objective of the project census survey was to identify the persons who would be displaced by the project and to make an inventory of their assets that would be lost to the project, which would be the basis of calculation of compensation. A structured census questionnaire (Appendix 1) was used to collect detailed information on affected households/ properties for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. 2.4 Subproject Impacts 10. The project impacts can be broadly categorized as loss of private land assets, loss of private non-land assets, loss of government land, loss of private trees, and loss of livelihoods.

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According to the subproject census survey, a total of 388 affected households and 3,547 displaced persons are identified in the subproject. The largest proportions of affected households are losing part of their land to the project. There are 39 households being physically displaced in the subproject. A summary of subproject impacts in terms of affected assets and displaced persons identified during the course of the census is presented in Table 1.

Table 1: Summary Subproject Impacts

Sl. No. Type of Subproject impacts Number 1 Total number of plots affected (private + government) 512 2 Total number of structures affected (private + government) 55 3 Total number of affected households (titleholders + non-

titleholders) 388

4 Total Number Individual (sharecroppers + tenants + agricultural laborers)

36

5 Total number of physically displaced households (titleholders + non-titleholders)

39

6 Total number of displaced persons (DPs) 3547 2.4.1 Ownership Type of Affected Land 11. In the subproject within the census area, total numbers of plots affected are 512. Out of 512 plots, 364 (71.09%) are privately owned and 148 (28.91%) are owned by various government departments. 2.4.2 Types of Affected Land 12. Sixty percent of the land affected by the subproject is irrigated. This other category includes types of land to be acquired for the subproject are presented in Table 2.

Table 2: Type of Affected Land

Sl. No. Type of Land No. of Plots % 1 Irrigated 307 59.96 2 Non-Irrigated 41 8.01 3 Barren 24 4.69 4 Forest 12 2.34 5 Other* 112 21.88 6 Grazing Land 16 3.12

Total 512 100.00 * Roads, canals, service roads for canals belonging to the irrigation department, panchayat land, forest, and other protected government land.

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2.4.3 Use of Affected Land 13. Census data show that the land along the railway track is being used for various purposes. More then 65 % (334) plots are being used for cultivation, which implies that many people will be losing both their lands and livelihoods. Table 3 presents the land use pattern of affected land.

Table 3: Use of Affected Land

Sl. No. Use of Land No. of Plots % 1 Cultivation 334 65.23 2 Orchard 5 0.98 3 Residential 8 1.56 4 Commercial 1 0.20 5 Forestation 12 2.34 6 Other 92 17.97 7 No Use/Barren 60 11.72

Total 512 100.00 2.4.4 Intensity of Impact on Private Land 14. The intensity of impacts on affected land shows that out of 364 private households, only two households are losing their whole land. 84 (23.08%) households are losing their land by more than 75%. There are 104 households affected by less than 10% loss of land. Details of intensity of land loss are summarized in Table 4.

Table 4: Intensity of Impact on Private Land

Sl. No. Extent of Impact No. of Household % 1 Below 10% 104 28.57 2 Above 10% and Below 25% 88 24.18 3 Above 25% and Below 50% 59 16.20 4 Above 50% and Below 75% 27 7.42 5 Above 75% and Below 100% 84 23.08 6 100% 2 0.55

Total 364 100.00 2.4.5 Number of Affected Structures 15. In the subproject, altogether 55 structures of various types of ownerships are being affected due to the doubling proposal. Out 55 structures, 13 belong to the titleholders and another 42 are within the existing railway ROW as presented in Table 5.

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Table 5: Number of Affected Structures

Sl. No. Structures No. of Units % 1 Structures on land belonging to titleholders 13 23.64 2 Structures belonging non-titleholder 26 47.27 2 Structures belonging Government 16 29.09

Total 55 100.00 2.4.6 Types of Affected Structures 16. Out of 55 structures affected by track doubling, 27 structures are being used for residential purposes. There are 8 commercial structures and 4 other private structures such as cattle sheds and boundary walls. Fifteen structures belonging to the East Cost Railway Division under the Ministry of Railway are also affected. The details of types of affected structures are summarized in Table 6.

Table 6: Types of Affected Structures

Sl. No. Type of Structure No. of Structure % 1 Residential Structure 27 49.09 2 Commercial Structure 8 14.55 3 Government Structure 16 29.09 4 Other Private Structure 4 7.27

Total 55 100.00 2.4.7 Intensity of Impacts on Structures 17. The intensity of impacts on structures was also measured during the census, which revealed that out of 55 structures, 35 are fully affected with five others affected nearly completely. There are 5 structures affected minimally, as presented in Table 7.

Table 7: Intensity of Impact on Structures

Sl. No. Extent of Impact No. of Structure % 1 10-25% 5 9.09 2 25%-50% 7 12.73 3 50%-75% 3 5.45 4 Over 75% 5 9.09 5 100% 35 63.64

Total 55 100.00

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2.4.8 Type of Construction of Affected Structures 18. The structures being affected in the subproject are classified as temporary, semi-permanent and permanent as per the type of construction. Out of 55 structures, 13 are permanent and 21 each are temporary and semi-permanent nature. 2.4.9 Number and Types of Affected Private Trees 19. There are 3,174 trees falling in the private land acquisition area. Out of 3,174 trees, 84.59% (2685) are non-fruit bearing or timber trees and 15.41% (489) are fruit bearing trees. 2.4.10 Loss of Livelihoods by the Project 20. DPs losing more than 10% of their land will also have their livelihoods and those they hire affected. This group includes 11 agricultural labourers, six sharecroppers, eight agricultural tenants, eight commercial establishments and three tenants—altogether, 281 people. 87% of livelihood loss is due to loss of agricultural land. The details of loss of livelihoods are presented in Table 8.

Table 8: Loss of Livelihoods by the Project

Sl. No. Type of Livelihood Loss No. Households % 1 Loss of livelihood by loss of agricultural

land 245 87.19

2 Loss of livelihood of Agricultural Labourers 11 3.90

3 Loss of livelihood of sharecroppers 6 2.14 4 Loss of livelihoods of Agricultural tenants 8 2.85 5 Loss of livelihood by loss of commercial

structures (owners of structure) 8 2.85

6 Loss of livelihoods of commercial tenants 3 1.07 Total 281 100.00

2.4.11 Compensation Option by Households losing Structure 21. Among DPs losing structures, only four opted for structure-for-structure replacement and the remaining 35 opted for cash compensation.

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3 Socioeconomic Profile of DPs 3.1 Social Assessment 22. In addition to the details of loss and inventory of properties gathered by the census, demographic and socioeconomic information about DPs was also collected using survey questionnaires; 369 out of 388 affected households participated. An analysis of both types of information follows. 3.1.1 Number of Displaced persons (DPs) 23. Total number of displaced persons due to the proposed subproject work is 3,547. Among the DPs 51% (1,822) are male and 49% (1,725) are female. 3.1.2 Social Category of DPs 24. Out of the subproject affected households, 12% are from Scheduled Caste (SC) communities and 16% are from Scheduled Tribe (ST) communities. The majority of DPs belong to the Other Backward Castes (OBC) category (58%) while the rest (13%) are from higher castes. 3.1.3 Religious Category of DPs 25. The DPs in the subproject area are nearly all Hindu with only three households of minority religions. 3.1.4 Vulnerable Households 26. According to the project RF, SC, ST, women-headed households, households headed by physically challenged persons and households below the poverty line (BPL) are all considered vulnerable groups. The census results show that altogether 235 households can be defined as vulnerable groups, out of which more than 44% are belong to the BPL category2

. The details of vulnerable group DPs are presented in Table 9.

Table 9: Vulnerable Households Sl. No. Vulnerability No. of Households %

1 Scheduled Caste 48 20 2 Scheduled Tribe 64 27 3 Women Headed Households 8 3 4 Households Headed by Disabled

Person 10 4.

2 The BPL category households are those identified and classified as Below Poverty Line households by the

Government of Orissa according to BPL Census-2002 using parameters operational land size, house type, availability of normal wear clothing, food security, sanitation, ownership of consumer durables, status of the highest lliterate adult, labour force, means of livelihood, children status, type of indebtedness, migration, assistance. The BPL is periodically revised by the State government. The next BPL census is due and the list of BPL in the subproject will be updated during implementation based on current situation.

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Sl. No. Vulnerability No. of Households % 5 Below Poverty Line Households 105 45

Total 235 100.00

3.1.5 Educational Status of DPs 27. The educational status of DPs shows that still a large group of people in the area (23%) are illiterate. The percent is higher still among the female DPs. Only 51 DPs studied above graduate, level, out of which 38 are male and 13 are female. See Table 10.

Table 10: Educational Status of DPs

Sl. No. Education Level Male Female Total % 1 Illiterate 204 407 611 23 2 Literate 163 191 354 13 3 Up to middle 181 164 345 13 4 Below metric 284 163 447 17 5 Metric 357 211 568 21 6 Graduate 193 78 271 10 7 Above graduate 38 13 51 2

Total 1420 1227 2647 100.00 3.1.6 Occupational Status of DPs 28. The Census reveals that the occupational pattern among DPs in the subproject area is based on an agrarian economy. The occupation of more than 34% DPs is agriculture. About 12% of DPs in the subproject area are unemployed. Only 5% DP’s are employed in the service sectors and there are only 2% engaged as professionals. Women’s occupational status is very low, as presented in Table 11.

Table 11: Occupational Status of DPs

Sl. No. Occupation Male Female Total % 1 Service 123 16 139 5 2 Business 124 9 133 5 3 Agriculture 697 214 911 34 4 Study 85 50 135 5 5 Housewife - 781 781 30 6 Labor 142 49 191 7 7 Unemployed 188 124 312 12 8 Professional 43 0 43 2

Total 1398 1243 2641 100

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3.2 Baseline Socioeconomic Sample Survey 29. The baseline socioeconomic survey was conducted covering 25% of DPs by using a structured questionnaire (refer to Appendix 2). The aim of this survey was to better understand of the socio-economic profile of the DPs and helped generate a database for use in post-project impact evaluation. Major findings of the socio-economic survey (and accompanying focus group discussions) are presented in following paragraphs. 3.2.1 Family Types of DPs 30. The DPs in the subproject area reveals of a strong family bond as there are about 56% DPs living in joint family set up. There are 33% DPs living in nuclear family and 11% are in extended families as presented in Table 12.

Table 12: Family Types of DPs

Sl. No. Type of Family No. of Households %Age 1 Joint 72 56 2 Nuclear 42 33 3 Extended 14 11 4 Other 1 1

Total 129 100.00 3.2.2 Average Landholding Size of DPs 31. The average landholding size among DPs reveals that most people in the area are small farmers. See Table 13.

Table 13: Landholding Size of DPs

Sl. No. Landholding Size No. of Households % 1 Up to 1 Acre 11 9 2 Above 1 acres and Below 3 acres 106 82 3 Above 3 acres and Below 5 acres 12 9

Total 129 100 3.2.3 Average Yearly Expenditure Pattern 32. The data on average yearly expenditure by affected households reveals that the purchasing power of DPs is very low. DPs mostly spend less than Rs. 1000 on all items aside from food and agriculture. The average expenditure patterns of DPs are presented in Table 14.

Table 14: Average Yearly Expenditure of DPs

Sl. No. Items

Yearly Expenditure (in Rs.) Upto >500 and >1000 >3000 >5000 Above

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500 up to 1000

and up to 3000

and up to 5000

and up to 10000

10000

1 Food 24 49 49 5 2 0 2 Cooking Fuel 93 4 0 1 0 0 3 Clothing 99 19 8 1 0 0 4 Health 114 11 2 0 0 1 5 Education 83 22 3 0 2 0 6 Communication 79 25 3 1 0 0 7 Social functions 118 5 2 0 0 0 8 Agriculture 50 39 26 3 2 2 9 Others 37 10 8 2 4 3

3.2.4 Possession of Durable Consumer Items by DPs 33. The low living standard of DPs in the subproject area is further expressed by the data on possession of durable consumer items. Very few DPs possess costly items like cars, motor cycles, air conditioners and refrigerators etc., as presented in Table 15.

Table 15: Possession of Durable Consumer Items by DPs

Sl. No. Durable Consumer Items No. of Households % 1 Radio 44 34 2 Bicycle 119 92 3 Television 81 62 4 Telephone (Land Line) 19 14 5 Cell Phone 62 48 6 Oven 6 5 7 L.P.G Connection 19 15 8 Computer 6 5 9 Refrigerator 15 12 10 Washing Machine 10 8 11 Motor cycle/Scooter 35 27 12 Car 3 2 13 Air Conditioner 2 2

3.2.5 Indebtedness of DPs 34. Of 129 surveyed households, 31 were indebted. In the subproject area, the DPs taking loans are primarily farmers taking seasonal loans from various sources for agricultural uses. See Table 16.

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Table 16: Indebtedness Status of DPs

Sl. No. Debt Source No. of Households % 1 Bank 27 87 2 Private Money Lender 3 10 3 Others 1 3

Total 31 100 3.2.6 Health Status of DPs 35. The health status of the DPs in the subproject area seems to be reasonably good across the 129 surveyed households; only 10 households reported occurrences of major disease during the last year. Among these 10 households, 9 were treated with allopathic medicine, and only one household has opted for traditional medicine. 3.2.7 Migration Status of DPs 36. Seasonal migration occurs in the subproject area as some people from the subproject area migrate for work at various time of the year. Out of 129 surveyed households, 11 reported that they migrate for an average period of 1 to 3 months, both outside the district and the state. Members of only 2 households migrate for more than 6 months. 3.3 Gender Analysis for the Project Area 37. A gender analysis was conducted for the subproject area by reviewing the socio-cultural status of women based on focus group discussions (FGDs) and gender segregated information from the census and socio-economic survey. It was observed during focus group discussions that women in the area enjoy a good cultural status but that their socio-economic status is lower than that of men. In some of the FGDs women were present but their level of participation was very low due to their lack of experience with such types of discussions and meeting. 3.3.1 Project Impacts on Women 38. There are few differences in the negative impacts observed for women, aside from the fact that some households headed by women will be affected by land acquisition and the loss of land and livelihood for such households will potentially be more critical. This is because they do not have other livelihood options other than the possibility of receiving employment as temporary labourers during railway track construction. 3.3.2 Educational Status of Women 39. The educational status of women is lower than that of men in the subproject area. See Table 17.

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Table 17: Educational Status of Women Sl. No. Education Male Female Total

1 Post Graduates 15 7 22 2 Graduate 66 30 96 3 Metric 86 62 148 4 Secondary 73 41 114 5 Primary 64 46 110 6 Just Literate 54 68 122 7 Illiterate 61 90 151

Total 419 344 763 3.3.3 Women’s Participations in Economic and Households Activities 40. Women’s economic participation is largely confined to cultivation and agricultural labour work as well as housework. Women’s participation in service industries and business is quite low in the area due to their comparative lack of education and professional skills. The details of women’s participations in various activities are presented in Table 18.

Table 18: Women’s Participations in Economic and Households Activities Sl. No. Activities No. of Households %

1 Cultivation 60 47 2 Allied Activities 8 6 3 Collection and Sale of forest products 5 4 4 Trade & Business 3 2 5 Agricultural Labor 32 25 6 Non Agricultural Labor 12 9 7 Service 7 5 8 Housework 87 67

Total number of Respondent 129 3.3.4 Women’s Participations in Household’s Decision-Making 41. As mentioned earlier, the cultural status of women is high in the subproject area. Women’s participation in household decision-making—including in important matters like finance, child education and health, and social activates—is more than 62%. Details of their participation level in household decision-making are summarized in the Table 19.

Table 19: Women’s Participation in Household Decision-Making

Sl. No. Matters No. of Households % 1 Financial matters 80 62 2 Education of child 85 66 3 Health care of child 90 70 4 Purchase of assets 80 62 5 Day to day activities 83 64 6 On social functions 85 66

Total number of Respondents 129

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4 Resettlement Policy and Legal Framework 4.1 Resettlement Principles for the Project 42. The legal framework and principles adopted for addressing resettlement issues in the project have been guided by the existing legislation and policies of the Government of India (GoI), the Government of Orissa, and the Asian Development Bank. This subproject will closely follow the approved resettlement framework (RF) of the Project for resettlement planning and implementation. According to the RF, the following broad resettlement principles are formulated for this project:

(a) Screen the subproject to determine whether it triggers these resettlement

principles, as well as to determine the scope of resettlement planning required through a census/survey of all project-displaced persons.

(b) Every effort will be taken to avoid physical displacement and/or any other adverse impacts on livelihood, income sources, community resources and infrastructure. If physical displacement and/or other adverse project impacts are unavoidable, the following actions will be taken to ensure that further impoverishment does not result from the project.

(c) Consult and inform all DPs on land acquisition, compensation, and rehabilitation, and inform them of their entitlements.

(d) Provide special project assistance to meet the needs of vulnerable affected people such as poor, landless, elderly, woman-headed households, and tribal communities, as well as to informal settlers and squatters.

(e) Compensate each displaced person through cash-for-land compensation at replacement cost for acquired or damaged property.

(f) Provide well-planned and budgeted income restoration and improvement programmes for the benefit of DPs.

(g) All CPR lost due to the project will be replaced or compensated by the project; (h) If land acquisition occurs through negotiated settlement, the project will ensure

the persons who enter into negotiated settlements maintain the same or better income and livelihood status.

(i) Project affected households without titles to land are eligible for resettlement assistance.

(j) Disclose resettlement information and plans including consultation documentation before the project appraisal in a form, manner and language(s) accessible to the affected people and other stakeholders. The final Resettlement Plans and their updates will also be disclosed to the affected people and other stakeholders in the same manner.

(k) The full costs of resettlement will be included in the presentation of the costs and benefits of the project.

(l) Pay compensation and provide other entitlements to each displaced person before physical displacement and/or any construction contract is awarded.

43. In accordance with the involuntary resettlement principles listed above, all DPs will be entitled to a combination of compensation packages and resettlement assistance depending on the nature of ownership rights of lost assets, as well as the scope of the impacts, including the socio-economic vulnerability of the displaced persons and measures to support livelihood

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restoration if livelihood impacts are envisaged. The displaced persons will be entitled to the following five types of compensation and assistance packages:

(a) compensation for the loss of land, crops/ trees at their replacement cost; (b) compensation for structures (residential/ commercial) and other immovable

assets at their replacement cost; (c) assistance in lieu of the loss of earnings/income; (d) assistance for shifting, and (e) rebuilding and/ or restoration of community resources/facilities.

4.2 Valuation of Assets 44. It is clear from the analysis of legal provisions and various policies that there are some differences in the calculation of compensation3

. The principal LAA is based on the prevailing circle rate. The NRRP-2007 ensures lost assets are compensated to the extent of actual loss and emphasizes market value. ADB Safeguard Policy Statement (2009) (SPS) clearly specifies a requirement for compensation at replacement cost. However, as per the policy adopted for this project, all compensation for loss of land, structures, and other assets will be based on full replacement cost. The following methods are suggested for calculation of compensation for the lost assets.

45. In the State where rules are in vogue for negotiated settlement/consent award, the EA will hire an Independent Evaluator registered with Government, who will assess the replacement cost of land. The EA, through the Independent Evaluator, will assess as follows: (i) appraise recent sales and transfer of title deeds and registration certificates for land in urban and rural areas of the district, (ii) appraise circle rate (valuation of land property established by an administrative area) in urban and rural areas of the district, (iii) appraise agricultural productivity rate for land 20 years yield. The Negotiation Committee will consider the input given by the Independent Evaluator, while arriving at the negotiated value of the land. However, in case where there is no Law in regard to award of compensation as per mutual negotiated settlement, the State Government will be requested to take the assessment of the replacement cost as per the above criteria and the difference between the market value determined by the State Government and replacement cost will be paid as "resettlement assistance' to affected households. 46. The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost by referring to relevant Basic Schedule of Rates (BSR) as on date without depreciation. While considering the BSR rate, the Independent Evaluator will use the latest BSR for the residential and commercial structures in the urban and rural areas of the region, and in consultation with the owners. 47. Loss of community infrastructure or any common property resources will be re-installed of the same at new places in consultation with the community or local self-governing bodies or appropriate authority in accordance with the modalities determined by such bodies or authority.

48. Compensation for standing and perennial crops, timber and fruit-bearing trees will be paid by DC at the rate estimated by (i) the Forest Department for timber trees; (ii) State Agriculture Extension Department for crops; and (iii) Horticulture Department for perennial trees.

3 Please see Annex 2.

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49. Each DP whose income or livelihood is affected by a subproject will be assisted to improve or at least restore it to pre-project level. Such assistance will be provided as financial assistance and training from the project. Vulnerable households will get special assistance in this regard. Compensation for loss of livelihood for those employees of business or agricultural labourers will be as indicated in the Entitlement Matrix. 50. Cash compensation and other entitlements prescribed in the Entitlement Matrix will be provided to each DP category before taking possession of the land/properties. DPs will be provided with an advance notice of 60 days prior to possession being taken of the land/properties. After payment of compensation at replacement cost, DPs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued clarifying that DPs can salvage the materials. The EA will provide satisfactory evidence of payment of compensation and assistances for each section prior to commencement of civil works in the respective sections of a subproject. All compensation and assistance will be paid to DPs at least one month prior to commencement of construction activities. 4.3 Entitlement Matrix 51. The entitlement matrix presented below (Table 20) has been formulated according to the resettlement principles for this subproject and specifically reflects various types of losses resulting out of this particular subproject and specific compensation and resettlement packages.

Table 20: Entitlement Matrix Type of Loss Application Definition of DPs Entitlement Details

A. LOSS OF LAND FOR TITLEHOLDER 1 Loss of

agricultural/ or any other type of land by owners

Land on the project right-of-way

(i) Legal owners; and (ii) DPs with traditional land rights

• Compensation at replacement cost

• Resettlement and Rehabilitation Assistance

(a) Cash compensation for the land at replacement cost, which will be determined as mentioned in note (A).

(b)If the residual plot(s) is (are) not economically viable, the EA will follow the rules and regulations applicable in the State and compensate accordingly; if there are no state-specific rules and regulations available regarding residual land and if the residual land is less than the average land holding of the district after EA purchase, the EA in agreement with the DP, will follow one of the following:

• The EA will buy the residual land for the project following the entitlements listed in this entitlement matrix; or

• The EA will pay the DP 25% of the land hardship compensation for that portion of land without its purchase.

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Type of Loss Application Definition of DPs Entitlement Details (c) Refund of registration cost, stamps etc. incurred for replacement land to be paid by the project; (1) replacement land must be bought within a year from the date of DC payments; and (2) the registration cost to be paid will be on the amount received from DC. (d)Resettlement & Rehabilitation Assistance shall be as under: • Transitional Allowance of

Rs.4,000/- per household • Training Assistance of

Rs.4,000/- for income generation per household, as per note (B).

2 Loss of homestead and commercial land

Land on the right-of-way

(i) Legal owners of land; and (ii) DPs with traditional land rights

• Compensation at replacement cost

• Resettlement and Rehabilitation Assistance

(a) Cash compensation for the land at replacement cost, which will be determined as mentioned in note (A).

(b) Refund of registration cost, stamps etc. incurred for replacement land to be paid by the project; (1) replacement land must be bought within a year from the date of DC payments; and (2) the registration cost to be paid will be on the amount received from DC.

(c)Resettlement & Rehabilitation Assistance shall be as under:

• Transitional Allowance of Rs.4,000/- per household, as per note (B)

• Training Assistance of Rs.4,000/- for income generation per household, as per note (B).

B. LOSS OF STRUCTURE (RESIDENTIAL/COMMERCIAL/OTHER) 3 Loss of

residential/ commercial structures by owners

Structure on the right-of-way

(i) Owner(s) of structures identified by DC

• Compensation at replacement cost

• Resettlement and Rehabilitation Assistance

(a) Cash compensation for the structure at replacement cost which will be determined as mentioned in note (C).

(b) Resettlement & Rehabilitation Assistance shall be as under:

• Transitional Allowance of Rs.4,000/- per household, as per note (B)

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Type of Loss Application Definition of DPs Entitlement Details • Training Assistance of

Rs.4,000/- for income generation per household, as per note (B).

• Shifting Allowance of Rs.10,000/- per household, as per note (B)

(c) People affected will be allowed to salvage materials from their demolished structures.

C. LOSS OF TREES AND CROPS 4 Loss of trees,

crops, perennials

Standing crops, trees on ROW land

Owners and beneficiaries of land

Compensation at market value

(a)Compensation to be paid by DC at the rate estimated by (i) the Forest Department for timber trees; (ii) State Agriculture Extension Department for crops; and (iii) Horticulture Department for perennial trees

(b) Cash compensation at market value determined as per (a) above to title holder and non-title households including informal settlers/squatters for loss of trees, crops and perennials

(c) 60 days advance notice to DPs to harvest fruits, standing crops, and remove trees

D. LOSS OF STRUCTURE BY NON-TITLEHOLDER 5 Loss of

residential/ commercial structures by informal settlers/ squatters

Structures on the ROW

Owners of structures identified by census and SES

• Compensation at replacement cost

• Resettlement and Rehabilitation Assistance

(a) Informal settlers/squatters will receive cash assistance for their structures at replacement costs which will be determined as mentioned in note (C).

(b) Resettlement & Rehabilitation Assistance shall be as under:

• Transitional Allowance of Rs.4,000/- per household, as per note (B)

• Training Assistance of Rs.4,000/- for income generation per household, as per note (B).

• Shifting Allowance of Rs.10,000/- per household, as per note (B)

(c) People affected will be allowed to salvage materials from their demolished structures.

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Type of Loss Application Definition of DPs Entitlement Details (d) 60 days advance notice to shift from squatted land

E. LOSS OF LIVELIHOOD/ PROVISION OF ADDITIONAL SUPPORT TO VULNERABLE GROUP 6 Loss of income

and work days due to displacement, as per note (D)

Households affected by ROW

Head of households identified by the DC list and SES

• Resettlement and Rehabilitation Assistance

(a) Cash assistance for 90 days at the local agricultural wage rate as per State norms

(b) Training Assistance of Rs.4,000/- for income generation per household, as per note (B).

(c) Temporary employment in the project construction work to DPs with particular attention to DPs below poverty line (BPL) by the project contractor to the extent possible.

7 Any loss to vulnerable groups

Households affected by ROW

Vulnerable households including households headed by women, BPL, SC, ST, disabled and elderly

• Additional Assistance to vulnerable groups

Assistance in the form of grant will be paid to those below the poverty line and the vulnerable including households headed by women, SC, ST, disabled and the elderly at the rate of Rs.10,000 per eligible households.

F. LOSS OF COMMUNITY INFRASTRUCTURE/COMMON PROPERTY RESOURCES 8 Loss of

community structure and common property resources

Structures and other resources (e.g. land, water, access to social services) under ROW

Affected communities and groups

Reconstruction of community structure and common property resources

Reconstruction of community structures and replacement of common property resources in consultation with the community, as appropriate.

DP = displaced persons, BPL = below poverty line, DC = District Commissioner, ROW = right-of-way, SC = scheduled caste, ST = scheduled tribe, SES = socioeconomic survey Notes: (A) In the State where rules are in vogue for negotiated settlement/consent award, the EA will hire an Independent Evaluator registered with Government, who will assess the replacement cost of land. The EA through the Independent Evaluator will assess as follows: (i) appraise recent sales and transfer of title deeds and registration certificates for land in urban and rural areas of the district, (ii) appraise circle rate (valuation of land property established by an administrative area) in urban and rural areas of the district, (iii) appraise agricultural productivity rate for land 20 years yield. The Negotiation Committee will consider the input given by the Independent Evaluator, while arriving at the negotiated value of the land. However, in case where there is no Law in regard to award of compensation as per mutual negotiated settlement, the State Government will be requested to take the assessment of the replacement cost as per the above criteria and the difference between the market value determined by the State Government and replacement cost will be paid as resettlement assistance.

(B) Wherein the total ex-gratia assistance paid to each affected household shall not be less than Rs.20,000/- which shall include the shifting allowance, transitional allowance, training allowance, vulnerable grant i.e. each affected family shall be offered an amount of not less than Rs.20,000/- as resettlement & rehabilitation assistance, which is over and above the cash compensation for land, structure, etc. paid as per State Laws.

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(C) The compensation for houses, buildings and other immovable properties will be determined on the basis of replacement cost by referring to relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation. While considering the BSR rate, the Independent Evaluator registered with the Government will use the latest BSR for the residential and commercial structures in the urban and rural areas of the region, and in consultation with the owners. (D) Physical Displacement would mean persons 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.

52. The entitlement matrix presented above identified impacts through the subproject census. However, when this RP is reviewed before project implementation, and if additional impacts are identified, the entitlement matrix will be updated by including provisions for compensation and assistance for the additional impacts in a revision of this Resettlement Plan as mandated in the RF. 4.4 Cut-off Date 53. In the case of land acquisition, the date of publication of preliminary notification for acquisition under section 4.1 of the Land Acquisition Act-1894, as amended in 1984, will be treated as the cut-off date. For the non-titleholders such as squatters and encroachers, the cut-off date is the date of project census completed for this RP (12 September, 2008).

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5 Public Consultation and Disclosure of Information 5.1 Public Consultation in the Project 54. Consultations were held in the subproject area with the affected families, village heads, village administrative officers, revenue officials, women’s groups, farmers, business communities, and vulnerable DPs such as scheduled castes and below poverty line (BPL) households. Focus group discussions were organized to get wider public input from both the primary and secondary stakeholders. 55. During the consultation efforts were made to:

Ascertain DPs’ views regarding land acquisition and alignment; Understand views of the community on resettlement and rehabilitation (R&R)

issues, and on rehabilitation options; Identify and assess major socioeconomic characteristics of affected villages to

enable effective planning and implementation; Obtain community views and opinion on issues on project impacts on community

property. 5.2 Consultation with Officials 56. During the RP preparation process various government officials including officials from RVNL, East Cost Railway Division, District Collectors, Land Acquisition Officers and Officers from Revenue Department were consulted on various issues. The detailed subproject proposal, alignment plan and land acquisition plan were obtained from the RVNL and East Cost Railway officers for census and socioeconomic survey. District collectors and Revenue Department officers were consulted for obtaining land holders details such as name, address, type of land etc. The land data were further verified on site with village level Revenue Inspectors. The details of Officials consulted in the subproject are listed in the Table: 5.1.

Table: 21 List of Officials Consulted

Sl. No. Name of Person Designation 1 Mr. N. C. Karmali AGM (RVNL), Kolkata 2 Mr. Rana Bandopadhaya DGM (RVNL), Kolkata 3 Mr. P K Mohanty Dy. CE, East Cost Railway, Sambalpur 4 Mr. S.K. Sarangi DCM, East cost Railway, Sambalpur 5 Mr. Devashish S.M.O. Consultants 6 Mr. Himanshu S.M.O, Consultants 7 Mrs. S. Aswathey Dist. Collector, Sonepur 8 Mrs. Madhuchanda Sahu Dy Collector, Sonepur 9 Mr. D. C. Panda Revenue Inspector, Dungripali,

10 Mr. Meghanand Naik Add. Collector, Bargarh 11 Mr. R K Aggarwal Tehsildar, Bargarh

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12 Mr. Jagdish Panda Revenue Inspector, Bargarh 13 Mr. Suganya Acharya Revenue Inspector, Bargarh 14 Mr. Rajiv Lochan Das Tehsildar, Attabira 15 Mr. Tapodhan Boedhar Revenue Inspector, Atabira 16 Mr. N. Rawat Revenue Inspector, Atabira 17 Mr. Kashinath Sahu Dist. Collector, Balangir 18 Mr. R Nag Revenue Inspector, Balangir 19 Mr. N. Panda Revenue Inspector, Balangir 20 Mr. T. Bagrathy Revenue Inspector, Barpali 21 Mr. Saroj Sahu Revenue Inspector, Barpali 22 Mr. Nirmal Chand Sathpathy ADM, Sambalpur 23 Mr. Surendra Kr.Panda LAO, Sambalpur 24 Mr. D. Dhurai Tehsildar, Sambalpur 25 Mr. Pramanand Samhal Revenue Inspector 26 Mr. R. Banmali Revenue Inspector

5.3 Major Findings of the Consultations with APs 57. The economy of the subproject area is predominantly agrarian one. Since there are limited opportunities in other sectors like industry or trade and business most of the people are economically vulnerable and their hamlets often lacked key services, although some were indeed provided. These consultations and the surveys/censuses conducted were the first time they had heard about the subproject. Few STs were directly affected, although the numbers of OBC and SC were high. Key concerns of the villagers were for employment opportunities during construction and regarding safety issues related to track crossing for both people and animals. Disposal of construction debris was also a concern as was both noise and air pollution. 58. Some of the major issues that were discussed and feedback received from the participants during the course of the focused group discussions are summarized in Appendix 3. 5.4 Plan for further Consultation in the Project 59. The effectiveness of the R&R program is directly related to the degree of continuing involvement of those affected by the Project. Several additional rounds of consultations with APs will form part of the further stages of project preparation and implementation. The local NGO entrusted to assisit in RP implementation will conduct these consultations during RP implementation, which will involve agreements on compensation, assistance options, and entitlement package and income restoration measures suggested for the subproject. The consultation will continue throughout the project implementation. 60. The following set of activities will be undertaken for effective implementation of the Plan:

• In case of any change in engineering alignment planning the APs and other stakeholders will be consulted in selection of road alignment for minimization of resettlement impacts, development of mitigation measures etc.

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• Together with the NGO, the Project Implementation Unit (PIU) will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the AP’s in Plan implementation.

• During the implementation of RP, NGO will organize public meetings, and will appraise the communities about the progress in the implementation of project works, including awareness regarding road construction.

• Consultation and focus group discussions will be conducted with the vulnerable groups like women, SC, ST, and OBC’s to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

• To make reasonable representation of women in the project planning and implementation they will be specifically involved in consultation.

61. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for each of the subprojects as per the format below in Table: 5.4.

Table: 5.4 Format for Public consultation and Disclosure Plan

Activity Task Timing (Date/Period)

Agencies Remarks

Stakeholder identification

Mapping of the project area

Project information dissemination

Distribution of information leaflets to displaced persons (DPs)

Consultative meetings with APs during scoping phase

Discuss potential impacts of the project

Public Notification Publish list of affected lands/ sites in a local newspaper; establish eligibility cut-off date

Socio-economic survey

Collect socioeconomic information on AP’s perception on the project

Consultative meetings on resettlement mitigation measures

Discuss entitlements, Compensation rates, grievance redress mechanisms

Publicize the resettlement plan (RP)

Distribute leaflets or booklets in local language

Full disclosure of the RP to APs

Distribute RP in local language to APs

Internet disclosure of the RP

RP posted on ADB and/or EA website

Consultative meetings during detailed measurement survey

Face to face meetings with APs

Disclosure after DMS Disclose updated RP to DPs Internet disclosure of the updated RP

Updated RP posted on ADB and/or EA website

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5.5 Disclosure of RP 62. To bolster transparency in planning and to promote further active involvement of DPs and other stakeholders, project information has been shared through a series of consultations in affected communities. This RP is prepared in consultation with officials through individual discussions and involving DPs through Focused Group Discussions during census survey. Once the RP is approved by ADB the EA will disclose the information to DPs. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the subproject will be made available in local language(s) such as Oriya and distributed to DPs. Each DP will be provided information regarding specific entitlements. The implementing NGO will keep the affected people informed about the impacts, compensation and assistances proposed for them and will facilitate grievance redress, if any.

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6 Relocation and Income Restoration Measures 6.1 Need for Relocation 63. The subproject has limited negative resettlement impacts in terms of displacement of DPs. The impacts on dwellings are limited to only 13 structures belonging to titleholders and 26 structures belong to non-titleholders. The impact is spread in more than 60 villages along a 182-kilometer stretch in four districts of Orissa. Out of 39 households affected by loss of dwelling structures, 35 will be negatively affected in terms of more than 25% loss of their residential or commercial structures and 4 households will be suffering partial loss by losing less than 20%. The intensity of impacts on the structures is presented in Table 22.

Table 22: Intensity of Impacts on Private Structures

Sl. No. Scale of Impact Titleholders Non-titleholders Total 1 Below 10% 0 0 0 2 Above 10% and Below 25% 2 2 4 3 Above 25% and Below 50% 3 3 6 4 Above 50% and Below 75% 0 3 3 5 Above 75% and Below 100% 0 4 4 6 100% and Above 8 14 22

Total 13 26 39

6.2 Rehabilitation Strategy 64. The rehabilitation strategy followed for this subproject is guided by the entitlement matrix provided in the project RF. The following specific measures are made for relocation of properties:

1. All affected landholders and DPs having traditional land rights will be compensated for loss of land at replacement cost

2. All titleholders losing structures will be compensated at replacement cost in addition to their land. It will be difficult to provide concentrated resettlement colony type of replacements because of the scattered nature of impacts; cash compensation will be more practical in this case.

3. All the agricultural squatters and encroachers will be given sufficient prior notice to harvest their crops and vacate the land for the subproject. This category of people will not be eligible for any kind of cash compensation.

4. All the non-titleholders with structures will be compensated for their structures.

6.3 Income Restoration Measures 65. The DPs losing their livelihoods include land titleholders, agricultural labourers, agricultural tenants, sharecroppers, as well as those having commercial structures or who are commercial tenants affected by the project. The details of DPs losing livelihoods are presented in Table 23.

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Table 23: Details of DPs Losing Livelihoods

Sl. No. Type of Livelihood Loss No. Households

1 DPs losing agricultural land above 10% 245 2 Agricultural Labourers 11 3 Sharecroppers 6 4 Agricultural tenants 8 5 loss of commercial structures 8 6 commercial tenants 3

Total 281 66. The entitlement matrix proposed for the subproject has adequate provisions for livelihood restoration of the affected communities. The focus of livelihood restoration is to ensure that the DPs are able to at least regain their previous living standards. The following entitlements, accommodated in the entitlement matrix, are aimed at income restoration of DPs losing livelihoods:

1. Transitional allowance of Rs. 4,000/- per household to each affected household losing land and structures, including residential and commercial tenants

2. Training assistance of Rs 4,000/- for income generation per household to each household losing livelihoods

3. If any land has been cultivated, the land-users are entitled to and will be allowed to harvest standing crops

4. For loss of income and work days due to displacement, cash assistance for 90 days at the local agricultural wage rate as per State norms will be paid to employees, agricultural labourers and sharecroppers.

5. One time lump sum cash assistance of Rs. 10,000/- will be paid to vulnerable households including BPL, SC, ST, WHH, the disabled and the elderly as per provision made in the entitlement matrix.

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

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

6.4 Additional Support from Ongoing Poverty Reduction Programs 68. In India, Panchayat government systems at the village, block and district/zilla levels are now responsible for the planning and implementation of all anti-poverty programmes funded by the central and state governments. The local government has identified those families living below poverty line (BPL) and distributed BPL cards to them. BPL card holders are eligible for access to essential commodities through a network of fair price shops involving Panchayat institutions. 70. For the rural poor, employment is a key component of anti-poverty strategies. Towards this objective, various schemes of employment generation have been undertaken in the past and continue at present. One of such programme is National Rural Employment Guarantee Scheme, successfully running since 2005. The basic objective of the Scheme is to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work. This work guarantee can also serve other objectives: generating productive assets, protecting the environment, empowering rural women, reducing rural-urban migration and fostering social equity, among others. 71. In addition to subproject-sponsored programmes, the implementing NGO will play a proactive role to mobilize DPs to get benefits from various government schemes and ensure their accessibility particularly of vulnerable groups. 6.5 Specific Action for Tribals and Other Vulnerable Groups

72. As per the resettlement framework (and in accordance with SPS with regards to tribals), special compensation arrangements have been allowed for tribals in this RP, as specified in the Entitlement Matrix.

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7 Institutional Arrangements 7.1 Institutional Requirements 73. For proper implementation of this subproject RP, a set of institutions involved at various levels and stages of the project. The primary institutions to be involved in this implementation process are:

Ministry of Railways (MOR) Rail Vikas Nigam Limited (RVNL) Project Implementation Unit (PIU) Grievance Redressal Committee (GRC) Non-Governmental Organization (NGO)

7.2 Institutional Setup for Project Execution 74. The Ministry of Railways will be the Executing Agency (EA) and Rail Vikas Nigam Limited will be the Implementing Agency (IA) for the project and will be responsible for the design and implementation of each subproject Resettlement Plan. A Project Implementation Unit (PIU) will be established for implementation of each subproject at zonal levels and will be supported by other technical teams at the RVNL Headquarters. For resettlement activities, HQ will do the overall coordination, planning, and financing. The implementation of each RP subproject will be the responsibility of each regional PIU. 75. The IA staff and consultants for subproject preparation and implementation will include social development specialists familiar with SPS and procedures for the preparation of RPs4

. There will be a Resettlement Officer (RO) in HQ, as well as Involuntary Resettlement Consultants to carry out resettlement planning and for implementation supervision.

76. To implement the Sambalpur-Titlagarh subproject work, a Project Implementation Unit (PIU) will be established at Kolkata Zone. Subproject-level resettlement activities will be carried out by the PIU via the appointment of an Assistant Resettlement Specialist (ARS) having adequate land acquisition and resettlement implementation expertise, who will either be deputed to the PIU or engaged on a contractual basis. The ARS at the PIU level will be assisted by the HQ Resettlement Officer and the Involuntary Resettlement Consultants. 7.3 Grievance Redress Mechanism 77. A Grievance Redress Committee (GRC) at each affected district level will be formed to deal with the disputes and DPs’ grievances and to facilitate timely implementation of the project. The GRC will be headed by the District Collector (DC; or District Magistrate) or a representative from the Collector’s office; the other members of the GRC will include the ARS from the PIU office, representatives of DPs, particularly of vulnerable DPs (including tribals), local government representatives, NGOs, at least one representative of project-affected women in the community and one representative of tribes affected by the project, if any, and other interest groups. Other than disputes relating to ownership rights under the court of law, In the Sambalpur-Titlagarh subproject there will be four GRCs to be formed as there are four districts 4 The consultants will also attend to tribal peoples issues, if any, of each subproject.

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involved known as Sambalpur, Bargarh, Sonpur and Balangir. GRC will review grievances involving all resettlement benefits, compensation, and other assistance. In addition, GRC will review tribal concerns, if any, and grievances and will provide appropriate relief and assistance. Records of all GRC meetings and proceedings will be kept and made available in a timely fashion upon request of any participant. Some of the specific functions of the GRC will be as following:

To provide support for the DPs on problems arising out of land/property acquisition like award of compensation and value of assets;

To record the grievances of the DPs, categorize and prioritize the grievances that needs to be resolved by the Committee and solve them within a month;

To inform PIU/HQ of serious cases within an appropriate time frame; and To report to the aggrieved parties about the development regarding their grievance

and decision of PIU/HQ. 78. The GRC will meet regularly (at least twice a month) on a fixed date. The Committee will look into DPs’ grievances and will assign the responsibilities for implementing Committee decisions. Claims will be reviewed and resolved within 15 days from the date of submission to the Committee. All grievances will be routed through the NGO to the GRC. An arbitrator may also be appointed to resolve difficult claims and complaints. Minimizing litigation will be the goal so as to avoid involving the judicial apparatus. The various queries, complaints and problems that are likely to be generated among the DPs and that might require mitigation, include the following:

DPs not enlisted; Losses not identified correctly; Compensation/assistance inadequate or not as per entitlement matrix; Dispute about ownership; Delay in disbursement of compensation/assistance; and Improper distribution of compensation/ assistance in case of joint ownership.

79. Through public consultations, the DPs will be informed that they have a right to grievance redress. The DPs can call upon the support of the NGO to assist them in presenting their grievances or queries to the GRC. The NGO will act as an in-built grievance redress body. Those DPs who are not be satisfied with GRC decisions will have the right to take the grievance to the IA HQ for redress. Failing the redressal of grievance with the PIU, the DPs may take the case to a judiciary. Taking grievances to a judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the GRC level. 7.4 Nongovernment Organization (NGO) Involvement in RP Implementation 80. Involuntary Resettlement is a sensitive issue, and strong experience in resettlement and rehabilitation matters along with community-related skills will be required by the PIU to facilitate building good rapport with the affected communities and to ensure satisfactory R&R of the DPs. To meet this challenge, experienced and well-qualified civil society organizations (CSOs/NGOs) in this field will be engaged to assist the PIUs in RP implementation. The NGO would play the role of a facilitator and would work as a link between the PIU and the affected community. The NGO will assist DPs in income restoration through assistance in training and in guiding access to various ongoing government development schemes and agencies providing financial assistance and loans.

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81. The major RP implementation responsibilities will remain with the IA and EA. The NGO(s) will serve as the link between HQ/PIU and the DPs. Specific tasks of the NGO(s) are:

(a) Work under close coordination with the RO to implement the RP. (b) Involve elected representatives and local leaders wherever necessary to

implement the RP to facilitate transparency in the process and public participation.

(c) Assist HQ/PIU in dissemination of the RP and other resettlement related information.

(d) Take a lead in joint verification and identification of DPs. (e) Participate in the Valuation Committee to determine the replacement value of

assets lost. (f) Carry out a census of the DPs and identify the vulnerable households. (g) Identify training needs of DPs for income generation activities and ensure that

they are adequately supported. (h) Through counselling and awareness generation, resolve the grievances of the

displaced persons. (i) Put forth the unresolved grievances of the DPs to the GRC. (j) Generate awareness about the livelihood restoration activities, and help the DPs

to make informed choices, including assisting DPs in participating in government development programmes.

(k) Prepare sub-project level plans for implementation of RP and issue identification cards.

(l) Assist in the disbursement of compensation checks to DPs. (m) Participate in public meetings as and when required. (n) Submit periodical RP implementation report to the IA

82. Taking into account the significant role of the NGO in RP implementation, it is extremely important to select NGOs that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. The Terms of Reference (TOR) for the NGO(s) is attached as Appendix 4. 7.5 Role of Agencies Responsible for IR Implementation 83. The roles and responsibilities of various agencies to be involved in the resettlement planning process and implementation of resettlement activities are set out in Table 24 of the Resettlement Framework.

Table 24: Planning Process and Agencies Responsible for Involuntary Resettlement Implementation

Activity Agency Responsible

Establishment of Resettlement Unit in HQ and appointment of Resettlement Specialist (RS) HQ

Hiring of Resettlement Consultants, External Monitor HQ/PIU Organizing resettlement training workshop (optional) HQ Screen subproject affected area for resettlement effects HQ/PIU Determine if RP is needed HQ, in consultation with

ADB

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Activity Agency Responsible Social Assessment and preparation of Land Acquisition Plan, Census, Socioeconomic Surveys, Resettlement Plan (RP)

PIU through Resettlement Consultant(s)

Hiring of Civil Society Organizations (NGOs) HQ/PIU Public consultation and disclosure of RP PIU, Resettlement

Consultants, NGO Co-ordination with district administration for land acquisition PIU with Resettlement

Consultant(s) Declaration of cut-off date HQ/PIU Review and obtaining of approval of Resettlement Plan from ADB HQ

Appointment of GRC HQ/PIU Submission of land acquisition proposals to District Collector (DC) PIU

Compensation award and payment of compensation District Collector (DC), PIU Payment of replacement cost and allowance DC, PIU Taking possession of acquired land and structures PIU from DC Handing over the acquired land to contractors for construction PIU

Notify the date of commencement of construction to DPs PIU, NGO Assistance in relocation, particularly for vulnerable groups PIU, NGO Internal monitoring of overall RP Implementation PIU, NGO

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8 Budget and Financing 8.1 R&R Cost 84. R&R costs of the subproject have been calculated based on the resettlement census. The total R&R cost includes cost of land, cost of structures, R&R assistance (according to the entitlement matrix) and RP implementation costs. Contingency provisions have also been made to take into account variations from this estimate if revision of this RP is required before implementation. Some of the salient features of this R&R cost estimate are outlined below:

Compensation for land Compensation for structures (residential/ commercial) and other immovable assets

at their replacement cost Compensation for trees Transitional assistance Assistance in lieu of the loss of business/ wage income Assistance for shifting Assistance for income restoration, and Cost for support for RP implementation

8.2 Replacement Cost of Land 85. Land to be acquired for the subproject will be compensated at replacement cost per the provision made in the RF. During the census, various categories of land are identified and the recent deed sale rate obtained from the revenue department for each category of land. The land cost varies from village to village and sometimes differs from plot to plot also. Based on the consultation with revenue officers and local people, an average cost has been worked out for various types of land. The replacement cost of land is estimated in the Table 25.

Table 25: Replacement Cost of Land

Sl. No. Land Area (in Acre) Rate Rs /Acre Cost (in Rs.) 1 Irrigated 56.254 400,000 22,501,600 2 Non-Irrigated 36.825 200,000 7,365,000 3 Barren 1.453 80,000 116,240 4 Homestead 1.003 700,000 702,100

Total 95.535 30,684,940 8.3 Replacement Cost of Structures 86. All structures either commercial or residential will be compensated at replacement cost as per the entitlement matrix. The structures are classified into three broad categories–Permanent, Semi-permanent, and Temporary–based on different materials used in the structures as identified by the census. The replacement costs of structures will be arrived at by assessment of market value, consultation with DPs and data collected from building contractors and property agents. The average rate for permanent structures without land has been

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calculated at Rs. 11,000/m2, semi-permanent structures have been calculated at Rs. 6,500/m2, and temporary structures have been calculated at the rate of Rs. 2,200/m2. The replacement costs for structures are summarized in Table 26.

Table 26: Replacement Cost of Structures

Sl. No. Structure Area (Sq. M.) Rate @ Sq. M. Cost (in Rs) 1 Permanent 60 11000 660000 2 Semi-permanent 1719 6500 11173500 3 Temporary 622.85 2200 1370270

Total 2401.85 13203770 8.4 Assistance for DPs 87. In addition to the replacement costs for structures, assistance also needs to be provided to the displaced persons as per the entitlement framework adopted for the project. This includes transition allowance, sifting allowance, monies for re-establishing businesses, assistances for livelihood loss, etc. The cost estimates for various assistances are provided in Table 27.

Table 26: Cost Estimates for Various DP Assistances

Sl. No R&R Assistance Assistance Unit Entitled Amount

1 Ex-gratia assistance to displaced households 20000 365 7300000

2 Transitional Assistance to Landholders 4000 26 104000 3 Training Assistance 4000 10 40000 4 Shifting Assistance 10000 26 260000

5 Additional Support to Vulnerable households 10000 26 260000

6 Assistance to Agricultural Labourer/ Sharecroppers/Tenants 9000 28 252000

Total 8216000

8.5 Compensation for Trees 88. As provided in the entitlement matrix, trees will be compensated at market value. For fruit bearing trees compensation is calculated on the basis of average annual produce value for the three seasons and according to the local market assessment (ca. Rs. 5,000/-). For the non-fruit bearing trees, an average market value of Rs. 2,000 is estimated on the basis of local market assessments. The values of trees are presented in Table 27.

Table 27: Compensation for Trees

Sl. No. Type of Tree No. of trees Unit Rate (Rs.) Cost (in Rs) 1 Fruit Bearing 489 5000 2445000 2 Non-fruit Bearing 2685 2000 5370000

Total 7815000

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8.6 Replacement Cost of CPR 89. Among CPR only 15 government structures are affected. The cost of the structure is based on the same market value adopted for private structures. The cost estimates for government buildings are presented in Table 28.

Table 28: Replacement Cost of Structures

Sl. No. Structure Area (Sq. M.) Rate @ Sq. M. Cost (in Rs) 1 Permanent 9 11,000 99,000 2 Semi-permanent 209 6,500 1,358,500 3 Temporary 619 2,200 1,361,800

Total 837 2,819,300 8.7 RP Implementation Cost 90. An NGO will be hired under the subproject to implement the RP. A lump sum Rs. 3000000/- provision is set aside in the R&R budget to meet this cost. The cost of other institutional requirements for RP implementation, such as staff in charge at PIU level, for internal monitoring, external monitoring, and grievance redressal, etc. are estimated in the budget at Rs. 1,000,000/- lump sum.

8.8 Summary R&R Budget 91. The total R&R budget for the proposed subproject RP works out to Rs. 87336166/-. Details of the budget estimates are given in Table 29. A contingency provision of 15% is made to cover non-identified and other costs during R&R implementation.

Table 29: Summary R&R Budget

S. N. Item Unit Rates Total

Quantity R&R Costs

(Rs.) A Compensation for Acquisition of Private Properties 1 Agriculture Land refer table 25 30,684,940 2 Private Structure (Residential/ Commercial) refer table 26 13,203,770 3 Fruit-bearing Trees 5,000 489 2,445,000 4 Timber Trees 2,000 2,685 5,370,000

5

Solatium (30% of the sum of the market value in consideration of compulsory nature of the acquisition) 30% 30,684,940 9,205,482

Sub-total A 60,909,192 B R&R Assistance 1 Ex-gratia assistance to affected households 20,000 365 7,300,000 2 Transitional Assistance to Landholders 4,000 26 104,000 3 Training Assistance 4,000 10 40,000 4 Shifting Assistance 10,000 26 260,000 5 Additional Support to Vulnerable households 10,000 26 260,000

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S. N. Item Unit Rates Total

Quantity R&R Costs

(Rs.)

6 Assistance to Agricultural Labourer/ Sharecroppers/Tenants 9,000 28 252,000

Sub-total B 8,216,000 C Community Infrastructure/CPR 1 Government Buildings refer table 28 2,819,300 Sub-total C 2,819,300 D Support implementation of RP 1 NGOs Assistance for RP Implementation refer section 8.7 3,000,000 2 RP implementation by PIU and Monitoring refer section 8.7 1,000,000

Sub-total D 4,000,000 Total (A+B+C+D) 75,944,492 Contingency (15% of total cost) 11,391,674 Grand Total 87,336,166

Note: As per LAA-1894, interest on compensation will be paid if payment is delayed and the 15% contingency provision will cover any such need. 8.9 Sources of Funding 92. The project financing for all R&R cost will be borne by the EA. The EA will ensure allocation of funds and availability of resources for smooth implementation of the subproject R&R activities. 93. The disbursement of money to the DPs for land acquisition will be carried out by the District Magistrate/Commissioner’s Office in each district affected by the subproject. The approved amounts will be deposited by the EA in the District Magistrate/Commissioner’s Office and disbursed by the district administration. In the case of assistance and other rehabilitation measures, the EA/IA will directly pay the money or any other assistance as stated in the RP to DPs. The implementing NGO will be involved in facilitating the disbursement process and rehabilitation program.

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9 Implementation Schedule 9.1 RP Implementation 94. Implementation of the Resettlement Plan mainly consists of compensation to be paid for affected land and other assets and rehabilitation measures for DPs. It is likely that the subproject will be implemented over a 3-year period and civil works are likely to commence six months or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the HQ, PIU, and GRC, and will appoint NGO(s) for resettlement implementation. The civil works contract for the Subproject will only be awarded after all compensation and relocation has been completed for the subproject and after rehabilitation measures are in place. 95. The RP implementation process in this subproject context will be lengthy because it involves land acquisition. In general, the project implementation will consist of the three major phases such as project preparation, land acquisition and rehabilitation of DPs. The specific resettlement-related activities already performed include social impact assessment, census and socio-economic survey, preparation of this Resettlement Plan, public consultation, development of mitigation measures and income restoration measures. These will be followed by RP implementation, as well as monitoring and evaluation of RP implementation. 9.2 Schedule for Project Implementation 96. The details of activities involved in the three subproject phases—the preparation phase, the RP implementation phase, and the monitoring and evaluation period—are discussed in the following paragraphs. 9.2.1 Project preparation phase 97. The major activities to be performed in the project preparation phase include establishment of HQ and PIU at project and subproject levels respectively; submission of RP for ADB approval; appointment of NGO(s) and establishment of GRC, etc. The information campaign & community consultation will be a process initiated from this stage and will continue until the end of the project. 9.2.2 RP Implementation phase 98. After the project preparation phase, the next stage is RP implementation, which includes issues like compensation awards by competent authorities, assistance payments to all eligible DPs; relocation of DPs by the IA; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction; and finally starting civil work. The internal monitoring also starts in this period. 9.2.3 Monitoring Phase 99. In this stage, the HQ, PIU and implementing NGO will continue internal monitoring and, after three months of start of RP implementation, the external monitoring commences; both are episodic processes and last until the completion of the subproject.

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9.3 R&R Implementation Schedule 100. A composite implementation schedule for R&R activities for the subproject, including various subtasks and a timeline coordinated with the civil works schedule, is prepared and presented in Table 30. However, the sequence may change or delays may occur due to circumstances beyond the control of the subproject.

Table 30: Composite Implementation Schedule

Activity Progress (Year/Quarter)

2008 2009 2010 2011 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3

Screen subproject affected area for resettlement effects

Determine if full or short RP is needed Carry out Baseline Socio-economic Survey, if required

Carry out Census

Declaration of cut-off date

Prepare Land Acquisition Plan

Prepare Resettlement Plan (RP)

Review and obtaining of approval of Resettlement Plan from ADB

Hiring of Civil Society Organizations (NGOs)

Public consultation and disclosure of RP

Co-ordination with district administration for land acquisition

Submission of land acquisition proposals to District Collector

Compensation award and payment of compensation

Notice to the agricultural encroachers and squatters to harvest their crops

Payment of replacement cost and allowances

Taking possession of acquired land and structures

Handing over the acquired land to contractors for construction

Notify the date of commencement of construction to DPs

Assistance in relocation, particularly for vulnerable groups

Internal monitoring of overall RP Implementation

External monitoring and evaluation (M&E)

Preparation of Project Completion Report

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10 Monitoring and Reporting 10.1 Need for Monitoring and and Reporting 101. Monitoring and reporting are critical activities in Involuntary Resettlement management for ameliorating problems faced by DPs and for developing solutions. Monitoring is a periodic assessment of planned activities that provides midway inputs. It facilitates change and gives necessary feedback about activities and the directions in which they are going. 10.2 Monitoring in the Subproject RP implementation for the subproject will be closely monitored by the EA and IA with the help of NGO(s) and will be at the helm of all activities related to the RP implementation. The monitoring mechanism will have a two-tier system at the EA level, i.e. internal and external monitoring. 10.2.1 Internal Monitoring 103. Internal project monitoring and reporting will be carried out by HQ/PIU and the implementing NGO. RVNL will set up the PIUs and will engage the Resettlement Officer at HQ prior to the implementation of the subprojects under the first tranche. The HQ through, its RO and implementing NGO(s), will be responsible for the internal monitoring. 104. The internal monitoring by HQ/PIU will include (a) administrative monitoring, i.e. daily planning, implementation, feedback and troubleshooting, individual DP database maintenance, and progress reports; (b) socioeconomic monitoring, i.e., case studies, using baseline information for comparing DP socioeconomic conditions, evacuation, demolition, salvaging materials, morbidity and mortality, community relationships, dates for consultations, and number of appeals placed; and (c) impact monitoring, i.e., income standards restored/improved, and socioeconomic conditions of the displaced persons. Reporting of monitoring progress of resettlement implementation and RP completion reports will be provided by the PIU to HQ for review and approval from ADB. 10.2.2 External Monitoring 105. External monitoring and reporting will be the responsibility of an External Monitor (EM) to be hired for the project. The qualified and experienced EM, with previous experience in resettlement activities and familiarity with government policies and SPS, will be engaged with ADB concurrence within three months of loan effectiveness. The EM will monitor and evaluate RP implementation to determine whether resettlement goals have been achieved, whether livelihood and living standards have been restored, and to provide recommendations for improvement. Monitoring will also ensure recording of DPs’ views on resettlement issues such as: DPs’ understanding of entitlement policies, options, and alternatives; site conditions; compensation valuation and disbursement; grievance redress procedures; and staff competencies. The EM will also monitor the performance of the PIU and NGOs in managing resettlement activities and will submit quarterly progress reports with its findings and recommendations to to the EA. The EA, in turn, submits a semi-annual progress report to ADB. 10.3 Monitoring Indicators

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106. The critical components/indicators to be monitored are specific contents of the activities and entitlement matrix. The RP contains indicators for achievement of the objectives under the Resettlement Plan. These indicators are of three kinds:

Process indicators including project inputs, expenditures, staff deployment, etc. Output indicators indicating results in terms of numbers of affected people

compensated and resettled, training held, credit disbursed, etc and Impact indicators related to the longer-term effect of the project on people's lives.

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

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

108. A monitoring framework including various indicators to be analysed during RP implementation is presented in Table 31.

Table 31: Monitoring Framework

S. N. R&R Activities Progress Remarks 1 Assessment of resettlement impacts due to changes in

project design, if relevant

2 Preparation/ updating of Resettlement Plan based on changes in project design

3 Approval of updated Resettlement Plan from ADB 4 Appointment and mobilization NGO 5 Disclosure of updated Resettlement Plan 6 Establishment of Grievance Redressal Committee 7 Capacity building of EA 8 Verification of DPs Census list; assessment on

compensation and assistance, and readjustment

9 Land Acquisition 10 Payment of Compensation as per replacement value of land

& assets to DPs

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S. N. R&R Activities Progress Remarks 11 Disbursement of assistance to title holders 12 Disbursement of assistance to non-title holders 13 Disbursement of special assistance to vulnerable groups 14 Number of vocational training provided to DPs 15 Linking DPs to available Development schemes 16 Planning for resettlement sites as per RP 17 Shifting DPs to resettlement sites as per RP 18 Replacement/ shifting of community property resources 19 Reinstallation of public utilities 20 Preparation/ updating of Indigenous Peoples Development

Plan based on changes in project design

21 Approval of updated Indigenous Peoples Development Plan from ADB

22 Tribally significant places, if any, are undisturbed by subproject

23 Special tribally distinctive ways of livelihood (e.g., gathering forest products) are not adversely affected

24 Tribal communities, if any, receive proportionate subproject benefits and compensation

25 Consultations and disclosure are carried out in tribal languages and in culturally appropriate ways, if relevant

10.4 Reporting Requirements 109. The EA responsible for supervision and implementation of the RP will prepare and submit semi-annual monitoring reports that describe the progress of the implementation of resettlement activities and any compliance issues and corrective actions.

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Appendix-1

RAILWAY SECTOR INVESTMENT PROGRAM

CENSUS SURVEY QUESTIONNAIRE

A. Subproject Name: ........................................................................B. Questionnaire No: …………….…….

C. Name of the Village/Town: ……..…………..…...……… D. Name of Block/Tehsil: ………………….…….

E. District: ………………..………….F. Plot No: ................................ G. Chainage. ……………..…………….

1. Ownership of the land 1. Private 2. Government 3. Religious 4. Community 5. Other

2. Type of land 1. Irrigated 2. Non-Irrigated 3. Barren 4. Forest 5. Other

3. Use of land 1. Cultivation 2. Orchard 3. Residential 4. Commercial 5. Forestation 6. Barren /No Use 7. Others (specify): ………………………..…

4. Affected area of the land (in Acres): ......................

5. Total area of the affected land/plot (in Acres): ...........................

6. Status of ownership 1. Titleholder 2. Customary right 3. License from local authority 4. Encroacher 5. Squatter 6. Other (specify)………… 7. Name of the owner: ……………...................................................

8. Father’s name: ........................................................................

9. Total land holding of the affected household (in Acres) 1. Irrigated: .................. 2. Non-irrigated: ..................... 3. Other: …………….. 4. Total: ......................

10. Are any of the following people associated with the land?

A. Agricultural laborer 1. Yes 2. No (If yes specify number: …………) (i). Name………………………………………………………………………………………………..

B. Tenant 1. Yes 2. No (If yes specify number: …………) (ii). Name……………………………………………………………………………………….………………..

C. Sharecropper 1. Yes 2. No (If yes specify number: …………) (iii). Name………………………………………………………………………………………………………..

11. Rate of the land (per Acre) 1. Market rate: ................................…. 2. Revenue rate: ............................................. 12. Are there any structures on the affected land? 1. Yes 2. No

13. Area of the affected structure (in Square Meter) a) Length ..................…... b) Width ..............…........ c) Height … ……………

14. Area of the total structure (in Square Meter) a) Length ..................…... b) Width ..............…........ c) Height …………………

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15. Distance of the structure from edge of the track (in meters)………………………… 16. Scale of impact on the structure

1. Up to 10% 2. Between 10% and 25% 3. Between 25% and 50%

4. Between 50% and 75% 5. Between 75% and 100% 6. 100%

17. Type of construction of the structure 1. Temporary (buildings with mud/brick/wooden walls, thatched/tin roof)

2. Semi-Permanent (buildings, with tiled roof and normal cement floor)

3. Permanent (building with RCC structure)

18. Age of structure: …………………………. 19. Number of floors

1. Ground Only 2. Ground+1 3. Ground+2 4. Ground+3 5. Multistoried (3+)

20. Market value of the structure (in Rs.)............................

21. Primary use of the structure (select appropriate code from below)

A. Residential Structure 1 House 2 Hut 3 Other ……….. B. Commercial Structure 4 Shops 5 Hotel 6 Small Eatery 7 Kiosk 8 Farm House 9 Petrol Pump 10 Clinic 11 STD Booth 12 Workshop 13 Vendors 14 Com. Complex 15 Industry 16. Vendor 17 Other ……… C. Mixed Structure 18 Residential/Commercial Structure D. Community Structure 19 Community Center 20 Club 21 Trust 22 Memorials 23 Other…….. E. Religious Structure 24 Temple 25 Church 26 Mosque 27 Gurudwara 28 Shrines 29 Sacred Grove 30. Other ……… F. Government Structure 31 Govt. Office 32 Hospital 33 School 34 College 35 Bus Stop 36 Other ……………. G. Other Structure 37 Boundary Wall 38 Foundation 39 Cattle Shed 40 Other …..

22. Type of business/Profession of the affected person: ……………………. 23. Status of the structure 1. Legal Titleholder 2. Customary Right 3. License from Local Government 4. Encroacher 5. Squatter 24. Are any of the following people associated with the structure?

A. Tenant 1. Yes 2. No (If yes specify number: …………) (i). Name………………………………………………………………………..

B. Employee/ wage earner 1. Yes 2. No (If yes specify number: …………) (ii). Name………………………………………………………………………..

25. Number of trees within the affected area 1. Fruit Bearing: ………………2. Non-fruit Bearing: ………………1. Total: …………………

26. Social category

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

27. Religious category

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

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28. Number of family members

1. Male: …………2. Female: …………. 3.Total: ……………

29. Vulnerability status of the household

1. Is it a woman headed household? 1. Yes 2. No

2. Is it headed by physically/mentally challenged person? 1. Yes 2. No

3. Is it a household Below Poverty Line (BPL) 1. Yes 2. No

30. Annual income of the family Rs: ………………………….

31. Compensation option for loser of land 1. Land for land loss 2. Cash for land loss 32. Compensation option for structure loser

1. House/Shop for House/ Shop loss 2. Cash for House/ Shop loss 33. Resettlement/relocation option

1. Self Relocation 2. Project Assisted Resettlement

34. Desired income restoration assistance (fill codes in preferred order)

1. Employment opportunities in construction work 2. Assistance/ Loan from other ongoing development scheme 3. Vocational Training 4. Others (specify: .....................................................................................................)

35. Details of family members above 18 years old only: (fill appropriate code)

Sl. No Name of the family member Age Sex Marital Status Education Occupation

(in years) 1. Male 1. Married 1.Illiterate 1. Service

2. Female

2. Unmarried 2.Literate 2. Business 3. Widow 3. Up to middle 3. Agriculture 4.Widower 4. Below metric 4. Study 5. Others 5. Metric 5. Housewife

6. Graduate 6. Labour 7. Above 7. Unemployed

8. Professional

1

2

3

4

5

6

7

8

9

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10

11

12

13

14

15

Date: ........................ (Name and Signature of the investigator)

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Appendix-2

RAILWAY SECTOR INVESTMENT PROGRAM QUESTIONNAIRE FOR SOCIO-ECONOMIC SURVEY

Questionnaire No………………… Census Questionnaire No: …………………..

1. GENERAL IDENTIFICATION 1.1. Address a. District: ………………………b. Block/Tehsil: …………………………c. Village/Town: …………………… 1.2. Settlement Type: 1 Rural 2 Semi- Urban 3 Urban

2. HOUSEHOLD INFORMATION 2.1. Name of the Head of the Household………………………………………………….

2.2. Family Type: 1 Joint 2 Nuclear 3 Extended 4 Other

2.3. Religious Group: 1 Hindu 2 Muslim 3 Sikh 4 Christian 5 Budhist 6 Jain 7 Other………….

2.4. Social Stratification: 1 SC 2 ST 3 OBC 4 Higher Castes 5 Other

3. LANDHOLDING (in Acres) Irrigated Non-Irrigated Homestead Other Total

4. CROPPING PATTERN Sl No. Type of Crops Total Cultivated Land (Acres) Total Yield (Rs)

1 Kharif 2 Rabi 3 Other/Summer Crop

TOTAL

5. ANNUAL INCOME (in Rs)

Agriculture Service Business Labor Professional Any other Total

6. CONSUMPTION PATTERN (Kindly indicate the consumption/expenditure on different items in the last year)

Sl. No. Particulars / Source Monthly Expenditure (Rs.)

1 Food 2 Cooking Fuel 3 Clothing 4 Health 5 Education 6 Communication 7 Social functions 8 Agriculture 9 Others (Specify)

Total

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7. POSSESSION OF DURABLE CONSUMER ITEMS: (Do you possess the following items?) Sl. No. Items 1. Yes 2. No

1 Radio 2 Bicycle 3 Television 4 Telephone (Land Line) 5 Cell Phone 6 Oven 7 L.P.G Connection 8 Computer 9 Refrigerator

10 Washing Machine 11 Motorcycle/Scooter 12 Car 13 Air Conditioner 14 Any other (specify)

8. INDEBTEDNESS (Please indicate your borrowings during the last year): SL. No Source Indebted (1 yes) (2 No)

1 Bank 2 Private money lender 3 Others……………………….

9. COVERAGE UNDER GOVERNMENT DEVELOPMENT SCHEMES

9.1. Have you received any benefits under any govt. scheme? 1. Yes 2. No

9.2. If 'Yes', kindly give the following details

Name of the Scheme Kind of Help (1 yes) (2 No) Loan Training Employment

9.3. If you have received any training kindly indicate the type: ……………………………………………… 9.4. After participating in this scheme did your annual income increase? 1 Yes 2 No 10. HEALTH STATUS 10.1. Is any member of your family affected by any chronic/major disease? 1 Yes 2 No 10.2. If 'Yes', please indicate the details

No. of Cases Type of disease/ illness Treatment Taken*

1

2

3

* 1. Allopathic 2. Homeopathic 3. Ayurvedic 4. Traditional 5. No treatment 10.3 Is there any Primary Health Center available in your village? 1 Yes 2 No 10.4 How far is the major Health Care Center from your dwelling: (in kms)………………….. 11. MIGRATION 11.1. Do you migrate for work? 1 Yes 2 No 11.2. If 'Yes', for how many months in a year………………..… 11.3. Where do you migrate? 1. Within the District 2. Outside the District 3. Outside the State

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12. WOMEN STATUS 12.1. Kindly indicate the economic and other activities female members of your family are engaged in.

Si. No. Economic/Non-economic Activities 1. Yes 2. No 1 Cultivation 2 Allied Activities* 3 Collection and Sale of forest products 4 Trade & Business 5 Agricultural Labour 6 Non Agricultural Labour 7 HH Industries 8 Service 9 Households Work

10 Others (Specify): …………….. * Dairy, Poultry, Piggery, Sheep rearing, Grocery etc.

12.2. Do your female members have any say in the decision making of household matters? 1 Yes 2 No

12.2. If 'Yes, give the following details?

Sl. No. Issues 1 Yes 2 No

1 Financial matters 2 Education of child 3 Health care of child 4 Purchase of assets 5 Day to day activities 6 On social functions and marriages 7 Others………

13. LITERACY Post Graduate Graduate Metric Secondary Primary Just literate Illiterate

Male adult Female adult 14. Profession of APs

Sl. No. Name of Earning Member of the Family Name of Profession

1. Part Time, 2. Full Time

1 2 3 4 5

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

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Appendix-3

Summary Findings of the FGDs

S. N.

Location and Date

Summary Issues Discussed

No. of Participant Summary Findings List of Participant

1 Village: Phatamunda Block: Rampur, District: Balangir Date: 26-08-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-15 Male-15

Female-0 SC-1 ST-5

OBC-9 General-0

Overall status of the village is poor where 60% are very poor, 20% are poor, 15% are average and 5% are well off

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

Poverty in the village is due to poor water supply, lack of employment and poor education facility in the area

ST people are most vulnerable among the displaced persons

There is no any specific efforts from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, College, Bank, post office, police stations etc are available at a distance of 6 km.

The district HQ is at 60 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

more traffic Cash compensation is commonly desired options by

the people Socio-economic status of the women in the village is

poor due to poor social infrastructure in the village

Raghunath Das Shukru Barik Abhi Desri Chamaru Bhoi Bramha Khamari Bhagban Bhoi Nepal Khamari Dinabandhu Bhoi Hemsagar Naik Dhaneswar Mahaling Dayanidhi Bhoi Jabdu Bisi Ramakant Dash Janma Khamari Shiva Desai

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Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track and /or using the ROW for any special purpose Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction 2 Village

:Pathrakhandi Tehsil :Rampur Dist: Sonepur Date:27-08-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total -14 Male -15 ST -03 SC -02 OBC-10 General-0

Overall status of the village is non poor where 60% are average 10% is well off 20% is poor and 10% are very poor.

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

ST people are most vulnerable among the displaced persons

There is BPL card and NREGS have been started from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, Bank, post office, police stations etc are available at a distance of about 7km.

The district HQ is at 70 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands underpass near the village for the safety of villagers and their pets.

Accidents of cattle is a major problem due to railway track

Noise pollution will increase after the doubling and more traffic

Cash compensation is commonly desired options by the people

Socio-economic status of the women in the village is poor due to poor social infrastructure in the village

Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

Ghanshyam Pradhan Jagannath Pradhan Sartiko Pradhan Ratan pradhan Bhairaj Sahu Giridhari Bhoi Madhu Pradhan Mukundir naik Devachand Pradhan Shiba Pradhan Sahadev pradhan Giridhari Bhoi Thapa Bhoi

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track and /or using the ROW for any special purpose People are interested to work in the project during

construction. Railway scrap should not dump in their land After

dumping of scrap in their land by Rly employee the local/Rly police treated him as thief.

Farming is main occupation of the peoples of this village.

3 Vill: Jamsar Tehsil: Balangir Dist: Balangir Date:29-08-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-16 Male-16 Female-0 ST-0 SC-5 OBC-11 General-0

Overall status of the village is very poor where 750% are very poor, 10% are poor, 10% are average and 5% are well off

Electricity and local market is available in the village but there is no irrigation, banking and health facility available in the village

Poverty in the village is due to poor communication, Education facility and lack of employment.

Sc people are most vulnerable among the displaced persons

There is no any specific efforts from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, College, Bank, post office, police stations etc are available at a distance within 10 km.

The district HQ is at10 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

Noise pollution will increase after the doubling and more traffic

Cash compensation is commonly desired options by the people

Socio-economic status of the women in the village is poor due to lack of employment opportunity in local area.

Ganapati Sikha Suresh Nag Pandit Sikha Gagadhar Nag Sudheswar Bhoi Vishwanath Nag Virat nag Dusheswar Nag Sridhar nag Dasrath Dayalal Nand Harina Seki Bal kumar Bagh Khirudra Bagh

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No ST people are residing adjoining to the railway track and /or using the ROW for any special purpose

Proper crossing facility for human and cattle should be provided in the village area

People are interested to work in the project during construction

People demands atleast one employment in railway for those family whose most of the land is going under this doubling.

4. Vill: Naikensra Tehsil: Tusra Dist: Balangir Date:30-08-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Toal-09 Male-09

Female-0 ST-01 SC-03

OBC-04 General-01

Overall status of the village is poor where 60% are very poor, 25% are poor, 10% are average and 5% are well off

Electricity, and local market is available in the village but there is no drinking water supply, banking, irrigation and health facility available in the village.

Poverty in the village is due to poor Land Quality, lack of employment and poor education facility in the area.

SC people are most vulnerable among the displaced persons

There is NRGES has been launched by government to reduce poverty in the area.

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, College, Bank, post office, police stations etc are available at a distance of 5-10 km.

The district HQ is at 25 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities.

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

more traffic Cash compensation is commonly desired options by

the people

Tikeswar Shiva Barik Srikrishna Bagh Nitya Bagh Sankar Prasad Barik Gaura Majhi Rata Barik Biranchi Bagarti Dayanidhi Meher

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Socio-economic status of the women in the village is poor due to poor social infrastructure in the village

Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track and /or using the ROW for any special purpose Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction. No culture and custom will be effected by this

development. 5 Vil: l-Barguda

Tehsil-Barpali Dist: Bargarh Date:31-08-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-10 Male-08

Female-02 ST-03 SC-01

OBC-03 General-03

Overall status of the village is poor where 50% are very poor, 25% are poor, 20% are average and 5% are well off

Electricity, irrigation and local market and Health Centre is available in the village but there is no drinking water supply and banking facility are available in the village

Poverty in the village is due to lack of employment, Poor education facility, Poor transportation and communication facility in the area.

ST people are most vulnerable among the displaced persons

NREGS is recently started by govt.But is not adequate to reduce poverty of the area. Some big efforts is needed.

People were not aware about the project and learnt from the survey team

Primary school, secondary school and Post office is available in village. PHC, College, Bank, police stations etc are available at a distance of7 km. Major Hospital is available on the distance of 30 km.

The district HQ is at 30 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track

Bhagirathi Pradha Radha Mohan Hota Nutan Bhoi Narayan meher Bharati Tripathy Rajendra patel Rupeswar patel Sahi patel Dulamani thakur Jugi Pradhan

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Noise pollution will increase after the doubling and more traffic

Cash compensation is commonly desired options by the people

Socio-economic status of the women in the village is poor due to lack of education and employment.

No ST people are residing adjoining to the railway track and /or using the ROW for any special purpose.

Proper crossing facility for human and cattle should be provided in the village area.

People are interested to work in the project during construction.

No culture and custom of any community will be affected by this project.

6 Vill- Julat Tehsil-Barpali Dist-Bargarh Date:02-09-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-10 Male-10

Female-0 ST-0

SC-04 OBC-03

General-02

Overall status of the village is poor where 80% are very poor, 10% are poor, 10% are average.

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

Poverty in the village is due to poor water supply, lack of employment, Poor medical facility poor education facility in the area.

SC people are most vulnerable among the displaced persons

There is NRGES efforts from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Primary school, secondary school, are available in the village College, PHC, Bank etc is located at within 5 km.

The district HQ and major Hospital is at 20 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

Gauranga Bisi Khedraba bisi Gunanidhi Barik Ananda Barik Santhu Barik Mahadev Barik Chinta Mani Sahu Baikuntha pradhan Kishor Bisi Bikram Seth

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more traffic Cash compensation is commonly desired options by

the people Socio-economic status of the women in the village is

poor due to poor social infrastructure in the village Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track and /or using the ROW for any special purpose Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction.

7.

Vill-Dhanger Tehsil-Bargarh Dist-Bargarh Date:03-09-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-13 Male-12

Female-01 ST-03 SC-02

OBC-08 General-01

Overall status of the village is poor where 70% are poor, 10% are very poor,20% are average.

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

Poverty in the village is due to poor land quality, lack of employment and poor education facility in the area.

ST people are most vulnerable among the displaced persons.

There is NREGS started by government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Primary school secondary school is available in the village and the facilities like, PHC, College, Bank, post office, police stations etc are available at a distance of 5 km.

The district HQ is at 5 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

more traffic

Jogeswar bhoi Hadu bhoi Loknath Bhoi Dubraj barik Himanchal Banchor Dolamani Banchor Prabhanjan Banchor Udia deep Tekdhar bhoi Jogendra Pradhan Patari bag Baspatri Nag Nama Bag

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Cash compensation is commonly desired options by the people

Socio-economic status of the women in the village is poor due to poor social infrastructure in the village

Culturally women enjoy good status in the village Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction Accidents, Noise pollution will be increased from

doubling. Drug addiction is available in this area.

8

Vill- Khemesara Mirdha Pali Tehsil- Barpali Dist-Bargarh Date:06-09-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-15 Male-10

Female-05 ST-15 SC-0

OBC-0 General-0

Overall status of the village is very poor .Where 80% are very poor, 20% are poor, 5% are average.

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

Poverty in the village is due to poor quality of land, lack of employment and poor education facility in the area.

ST people are most vulnerable among the displaced persons

There is no any specific efforts from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, College, Bank, post office, police stations etc are available at a distance of 5 km.

The district HQ is at 25 kilometer distance from the village

Road is the mostly used transport facility to access all the facilities

People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

Gokula Mirdha Ram Chandra Mirdha Kishor Mirdha Indramani Mirdha Yodhistir Majhi Meena Mirdha Magsira Mirdha Dharu Mirdha Bihari Mirdha Lalita Mirdha Khetra Mirdha Fultuli Mirdha Ukia Mirdha Jayamati Mirdha Lalji Mirdha

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more traffic Cash compensation is commonly desired options by

the people Socio-economic status of the women in the village is

poor due to poor social infrastructure in the village Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track and /or using the ROW for any special purpose Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction The effected persons demands an employment in

Railway after loss of their agriculture land/Source of income.

No any custom/culture will be negatively effected due to this project.

Women have no more work opportunities in this area. 9

Vill--Khjuripada Tehsil-Titlagarh Dist-Balangir Date:07-09-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-24 Male-17

Female-07 ST-12 SC-0

OBC-12

Overall status of the village is very poor where 80% are very poor, 10% are poor, 5% are average and 5% are well off

Electricity, irrigation and local market is available in the village but there is no drinking water supply, banking and health facility available in the village

Poverty in the village is due to lack of employment and poor education facility in the area.

ST people are most vulnerable among the displaced persons

There are NRGES,BPL card is specific efforts from government to reduce poverty in the area.

People were not aware about the project and learnt from the survey team

Only a primary school is available in the village and the facilities like secondary school, PHC, College, Bank, post office, police stations etc are available at a distance of 4 km.

The district HQ is at 70 kilometer distance from the village

Road is the mostly used transport facility to access all

Prasant Kumar Nilikh Majhi Sono Majhi Hruda Nanda bag Dusmanta bag R C Bag Joydhar Majhi Germani Bag Mahua Majhi Lakhan bag Khamari Majhi Darsanath Thabira Bag Bhula Bag Ramdas bag Basmon Bag Rupabati Majhi Mina Majhi Namita Majhi

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the facilities Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

more traffic Cash compensation is commonly desired options by

the people Socio-economic status of the women in the village is

poor due to lack of employment and education. Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track. Crossing facility for human and cattle should be

provided in the village area specially underpass. People are interested to work in the project during

construction No any custom and culture of any community will be

effected with this doubling project. Most effected people demands employment in

Railway/Govt dept for their source of livelihood.

Darpani Majhi Pana Majhi Khira Majhi Hemalata Bagarti

10

Vill-Hirapur Tehsil-Loisingha Dist-Balangir Date:09-09-2008

Socio-Economic Profile of the Village/Area

Poverty situation in the area

Availability of physical and social infrastructure

Awareness about the subproject and their participation

Subproject impacts and mitigation

Resettlement problem and compensation issues

Total-17 Male-17

Female-0 ST-02 SC-02

OBC-13

Overall status of the village is very poor where 70% are very poor, 15% are poor, 10% are average and 5% are well off

Electricity, PHC and local market is available in the village but there is no drinking water supply, banking and irrigation facility is available in the village

Poverty in the village is due to lack of employment and poor education facility in the area.

ST people are most vulnerable among the displaced persons

There is no any specific efforts from government to reduce poverty in the area

People were not aware about the project and learnt from the survey team

Primary school and secondary school available in the village. Facilities like, College, Bank, post office, police stations etc are available at a distance of 6 km.

The district HQ is at 14 kilometer distance from the

Chaturbhuj Sadanand behera Pursotam Tika Pradeep Kailas Bhimsen Ramchandra pradhan Nilambar Seth Damodar Susanta Pradhan Kishan Chand Sanjeeb pradhan Jagamati Banchor Sata Narayan Majhi Rabi Ranjan Majhi Madhab Sahu Pursottam thela Magan Padhan

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village Road is the mostly used transport facility to access all

the facilities People demands for a railway station near the village Accidents of cattle is a major problem due to railway

track Noise pollution will increase after the doubling and

more traffic Cash compensation is commonly desired options by

the people Socio-economic status of the women in the village is

poor due to poor social infrastructure in the village Culturally women enjoy good status in the village No ST people are residing adjoining to the railway

track and /or using the ROW for any special purpose Proper crossing facility for human and cattle should

be provided in the village area People are interested to work in the project during

construction

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Appendix-4

Terms of References (TOR) for the NGO to Implement the Resettlement Plan (RP) for Sambalpur – Titlagarh Track Doubling in Orissa under Railway Sector

Investment Program (RSIP)

1. Project Background 1. The Railway Sector Investment Program (RSIP) has been formulated by the Ministry of Railways, Government of India (Executing Agency [EA]), and being proposed for financing from the Asian Development Bank (ADB) using the multi-tranche financing facility (MFF) loan modality. It includes a plan for efficiency-improvement measures to railway organization, work processes and procedures to complement the physical investments to improve the commercial orientation of railway services as well as a railway sector analysis. In addition, a number of track doubling, electrification and/or similar subprojects are included in the first tranche and possibly for future tranches. 2. The RSIP includes a proposal to double the single line section from Sambalpur to Titlagarh in the state of Orissa. Total length of the subproject track doubling is 182 kilometres. The track starts from the district headquarters of Sambalpur and passes through three districts i.e. Bargarh, Sonpur and Balangir. There are 15 stations in this section and including Sambalpur, Bargarh Road, Balangir and Titlagarh. 3. The proposed work involves doubling of the total section and improvement of stations including extension of platforms and providing additional lanes at stations for halting and crossing of trains. There are proposals for construction of residential quarters/colony at important stations for staff including Drivers, Guards and Assistant Station Masters. 4. All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse impacts on people settled along the track. Based on the State Resettlement and Rehabilitation (R&R) Policy, GOI norms and ADB Safeguard Policy Statement (2009), Rail Vikas Nigam Limited (RVNL) has prepared Resettlement Plan (RP) for the subproject to deal with involuntary resettlement issues and activities. The RP has been prepared based on census and baseline socioeconomic surveys conducted in the subproject. 5. To assist in the implementation of the RP for the Sambalpur – Titlagarh subproject, RVNL now invites the services of an eligible NGO. 2. Objectives of the Assignment 6. The NGO shall be responsible for the following, according to the Resettlement Plan:

Educating the DPs on their rights to entitlements and obligations. To ensure that the DPs are given the full entitlements due to them, as set out in

the RP. To provide support and information to DPs for income restoration. Assist the DPs in relocation and rehabilitation, including counseling, and

coordination with local authorities.

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Assist the DPs in redressing their grievances (through the grievance redress committee set up as part of the subproject)

Impart information to all the APs about the functional aspects of the various features of the project, and assist them in benefiting from such institutional mechanisms.

To assist the Project Implementation Unit (PIU) with social responsibilities of the subproject, such as compliance with labour laws, prohibition of child labour, and gender issues.

To conduct awareness programs for HIV/AIDs and Human Trafficking. To collect data and submit progress reports on a monthly and quarterly basis for

RVNL to monitor the progress of RP implementation.

3. Scope of Work 7. The NGO shall play the role of a secondary stakeholder in implementation of the RP and in mitigating adverse effects of the project. The NGO shall be responsible for the development of a comprehensive livelihood restoration system to facilitate the DPs to take advantage of the options available (as per the RP). 3.1 Administrative Responsibilities of the NGO 8. The administrative responsibilities of the NGO will include:

Working in co-ordination with the Project Resettlement Officer (RO) in the RVNL HQ and Resettlement Officer in the PIU;

Assist the RO in carrying out the implementation of the RP; To co-ordinate with the GRCs in implementing the RP; Assist the RO in conducting all public meetings, information campaigns at the

commencement of the project and give full information to the affected community;

Translate the summary RP in local languages to implement actions for mitigating adverse impacts on the DPs;

To assist the PIU/Engineers (Construction Supervision Consultants) to ensure that the contracts comply with the applicable labour laws (including prohibition of child labour) and gender issues;

To assist the PIU and /or the Engineers in ensuring compliance with the safety, health and hygiene norms, and the conduct of HIV/AIDS and Human Trafficking awareness/prevention campaigns.

Report to the RO on a monthly and quarterly basis. The report should include physical and financial progress, both in quantitative and qualitative terms. The report should prominently feature the problems and issues addressed and tackled with the DPs and the solutions found. The report should have a separate chapter on women's issues, their problems and what has been done (within the framework of the RP) to ensure their participation in decision-making as well as the options made available to them to access economic opportunities, marketing and credit. The report should clearly indicate the number of field visits made by the NGO staff and the outcome of consultations with people.

The development of a database tracking management of the DPs. The displaced persons will be assisted in the Income Generation Scheme

training through the NGO i.e. the provision made for training will be best utilised through the active support and involvement of the NGO.

NGO shall conduct training programmes for income restoration for DPs.

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NGO should prepare an income restoration plan.

3.2 Responsibilities for Implementation of the RP 3.2.1 Identification DPs and Verification of Database from RP

NGO shall verify the information already contained in the RP and the individual losses of the DPs. They should validate the data provided in the RP and make suitable changes if required. The NGO shall establish rapport with APs, consult and provide information to them about the respective entitlements as proposed under the RP, and distribute entitlement or Identity Cards to the eligible DPs. The identity card should include a photograph of the DP, the extent of loss suffered due to the project, and the choice of the DP with regard to the mode of compensation and assistance.

The NGO shall develop rapport between the DPs and the Project Authority, particularly the RO. This will be achieved through regular meetings with both the RO and the DPs. Meetings with the RO will be held at least fortnightly, and meetings with the DPs will be held monthly, during the entire duration of the assignment. All meetings and decisions taken shall be documented by the NGO.

Prepare monthly action plans with targets in consultation with the RO. The NGO shall prepare a list of the project-displaced persons/families for

relocation, listing the losses and the entitlements, after verification. It shall also prepare a list of the displaced persons/families (DPs) enlisting the losses and the entitlement as per the RP, after verification. Verification shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the RO. The NGO shall display the list of eligible DPs in prominent public places like villages, Panchayat Offices, Block/Tehsil headquarters, and the District Headquarters.

During the identification and verification of the eligible DPs, the NGO shall ensure that each of the DPs are contacted and consulted either in groups or individually. The NGO shall specially ensure consultation with women from the DP families especially women headed households.

Participatory methods should be adopted in assessing the needs of the DPs, especially with regard to the vulnerable groups of DPs. The methods of contact may include village level meetings, gender participation through group interactions, and individual meetings and interactions.

While finalizing the entitled persons (EPs) for compensation/assistance the NGO shall make a list of entitled DPs, and distribute Identity Cards to each and every verified eligible DP.

3.2.2 Counseling the Entitled Persons 9. The counseling shall include the following activities:

The NGO shall explain to the DPs the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements.

The NGO shall disseminate information to the DPs on the possible consequences of the project on the communities' livelihood systems and the options available, so that they do not remain ignorant.

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The NGO shall prepare micro-level plans for income restoration, in consultation with the DPs. Women's perceptions are important, and must be incorporated in the development of these plans.

NGO will monitor the involvement of child labour in the civil construction work in each package.

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

3.2.3 Disbursing the Assistance

Prepare micro plans indicating category of entitlement. Prepare micro plans for livelihoods indicating alternative livelihood options, land

identification, skills up-grading and institutions responsible for training for eligible DPs.

The NGO shall assist the project authorities in ensuring a smooth transition, helping the DPs to take salvaged materials and shift. In close consultation with the DPs, the NGO shall inform the RO about the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements.

The NGO shall assist the DPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how s/he can access the resources s/he is entitled to.

The NGO shall ensure proper utilisation of the R&R budget available for each of the packages. The NGO shall ensure that the DPs have found economic investment options and are able to restore the losses of land and other productive assets. The NGO shall identify means and advise the RO to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the RCD on the level of transparency achieved in the project.

3.2.4 Accompanying and Representing the EPs at the Grievance Committee Meetings

The NGO shall nominate a suitable person (from the staff of the NGO) to be a member of the GRCs for the respective contract packages.

The NGO shall make the DPs aware of the grievance redress committees (GRCs)

The NGO shall train the DPs on the procedure to file a grievance application and to confirm that a statement of claim from the concerned DP accompanies each grievance application. The NGO shall help the DPs in completing the grievance application and also in clearing their doubts about the procedure as well as the context of the GRC award.

The NGO shall record the grievance and bring it to the notice of the GRCs within seven days of receipt of the grievance from the DPs. It shall submit a draft resolution with respect to the particular grievance of the DP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC.

The NGO shall accompany the DPs to the GRC meeting on the decided date, help the DP to express his/her grievance in a formal manner if requested by the GRC and again inform the DPs of the decisions taken by the GRC within 3 days of receiving a decision from the GRC. (The time frame for the GRC to make a decision is 15 days).

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

10. With regard to the above, the NGO shall,

Coordinate (and impart wherever required) the training and capacity building of the DPs, for upgrading their skills for income restoration. This will include the training to be given by the NGO to women self-help group members in accounting, record maintenance, skill acquisition in the chosen enterprise, and marketing, etc.

Help the DPs in realizing and optimising the indigenous technology knowledge (ITK) through use of local resources.

Define, evolve, and explore alternative methods of livelihood using the local skill and resources.

Contact financial institutions like NABARD, DIC, and the Lead Bank of the area and assist in accessing the credit required by the individual as well as groups of DPs and the women's groups from the DPs. The NGO shall maintain a detailed record of such facilitation, and plan for each DP to repay the loan.

Establish linkages with the district administration to ensure that the DPs are benefited from the schemes available and those they are entitled to. The focus for this component of the NGO work shall be the vulnerable DPs for their income restoration. The NGO shall maintain a detailed record of such facilitation.

3.2.6 Inter-Agency Linkages for Income Restoration and other R&R Services 11. The NGO shall be responsible for establishing linkages with:

Financial institutions to assist the DPs in accessing credit; Government departments, district administration, etc., to ensure that the DPs are

included in the development schemes, as applicable; Training institutes to impart skills and management training for enterprise

creation and development;

3.2.7 Assisting the Supervision Consultant with the Project’s Social Responsibilities 12. The NGO shall assist the Engineers (Supervision Consultants) to ensure that the Contractors are abiding by the various provisions of the applicable laws concerning the worker's safety; health and hygiene; women's issues; and the child labour issues. The applicable laws include (A) The Maternity Benefit Act, 1951; (B) The Contract Labour (Regulation and Abolition) Act, 1948; (C) The Minimum Wages Act, 1948; (D) The Equal Remuneration Act, 1979; (E) The Industrial Employment (Standing Order) Act, 1946; (F) The Child Labour (Prohibition and Regulation) Act, 1986; (G) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996; and (H) The Factories Act, 1948. Any divergence from the workers welfare and remuneration, safety, health, hygiene, women's issues, and child labour issues provisions of these laws should be brought to the notice of the supervision consultant and the RO. 13. According to these laws, there are specifications regarding the facilities/requirements at the construction camp/site, including basic health care facilities, Mother and Child Welfare units and facilities for vaccinations, day crèche facilities, etc. The NGO shall work in coordination with the Lady Inspector of Works or the Resident engineers of the Contractor, or any other representative of the Contractors, to ensure these facilities are provided in a satisfactory manner, and all social responsibilities of the Contract are implemented satisfactorily.

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3.2.8 Assisting the RVNL HQ/ Supervision Consultant in HIV/AIDS

Awareness/Prevention Campaigns 14. Information campaigns/advertisements shall be conducted in collaboration with line agencies (such as NACO, DFID, etc), including provision of signage at suitable locations, distribution of vehicle stickers, and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes, etc.). The NGO shall assist the RVNL HQ in implementing these measures, including collaboration with the line agencies. 15. The contractors are required to provide condom vending machines at the construction camps, provide for medical facilities and regular medical checkups especially for detecting/curing STD/AIDS. The NGO shall ensure, in collaboration with the Engineer, that such facilities and medical checkups are provided to the workers at the construction camps. 3.2.9 Monitoring and Reporting 16. The RP includes provision for regular internal monitoring by NGO/ RO and semi-anual monitoring and reporting by an external expert. The NGO involved in the implementation of the RP will be required to supply all information and documents to the external monitoring consultants. To this end, the NGO shall keep proper documentation of their work and the R&R process involved in the project, and shall be responsible for the upkeep and updating of such documents periodically and regularly. The documentation shall include photographs and videotapes of the pre-intervention and post-intervention scenario of all the properties, structures, and assets affected by the project. 3.2.10 Recommending Improvement of R&R Services

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

Recommend and suggest techniques and methods for improvement of services extended by the concerned government departments and other agencies and committees in disbursement/extension of R&R services in the project.

Document implementation of the R&R process and services, including difficulties faced and corresponding solutions.

Discuss with the RVNL HQ/PIU on contingency management and other improvement of R&R services within the project period.

Documenting of tasks carried out by the NGO and monitoring of the achievements of RP.

3.3 Documentation and Reporting by NGO 17. The NGO selected for the assignments shall be required to:

Submit an inception report within three weeks; on signing of the contract including a work plan for the whole contract period, staffing and personnel deployment plan, and a withdrawal plan at the end of the period of contract. The withdrawal plan shall be detailed and reflect how the DPs will maintain the assets created and transferred to the DPs.

Prepare monthly progress reports to be submitted to the RO, with weekly progress and work charts checked against the scheduled timeframe of RP implementation.

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Prepare and submit quarterly reports on a regular basis, to be submitted to the RO.

Submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to carry out the assignment, and a summary of support/assistance given to the DPs.

Submit all other reports/documentation as described in these terms of reference. Record minutes of all meetings.

18. All progress reports shall include data on input and output indicators as required by the RO. Written reports as well as photographs, videotapes etc., taken during the assignment shall be submitted along with an electronic copy of all documents in a floppy or a CD. All reports should be in English only. Account reports on expenditures on administration as well as training and other areas shall be submitted with the quarterly and the completion reports. 19. In addition to these above, the NGO shall prepare and submit separate descriptive reports on participatory micro-plans with full details of the Participatory Rapid Appraisal exercises conducted. 20. The NGO shall document in full detail the consultation/counseling processes, the process of identification of the resettlement sites, and a full description of the training imparted (or facilitated) as part of the assignment. This documentation shall be submitted to the RCD as annual reports. 3.4 Condition of Services 21. The NGO shall ensure that the RP is implemented in an effective and proper manner. The prime responsibility of the NGO shall be to ensure that each and every eligible DP receives appropriate and due entitlement (within the Entitlement Framework) and that, at the end of the project R&R services, the eligible DPs have improved (or at least restored) their previous standard of living. Additionally the NGO shall help the RVNL HQ/PIU in all other matters deemed to be required to implement the RP in its spirit and entirety including activities involving financial implications. 22. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the RVNL HQ/PIU. No information gathered or generated during this assignment shall be disclosed by the NGO without explicit permission of the RVNL HQ/PIU. 3.5 Timeframe for Services 23. The NGO will be contracted for a period of Twenty four months from the date of commencement, with a withdrawal methodology built in to the proposals from the NGO. 3.6 Data, Services and Facilities to be provided by the Client 24. The RVNL HQ/PIU will provide to the NGO the copies of the SIA report and Census of the DPs, the RP, the strip plan final design report and any other relevant reports/data prepared by the project preparation consultants. The RVNL HQ/PIU will assist the NGO in collaborating with the Supervision Consultants. All facilities required in the performance of the assignment, including office space, office stationery, transportation and accommodation for staff of the NGO, etc., shall be arranged by the NGO.

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3.7 Payment Schedule: 25. The following payment milestone is proposed for making the payment to the NGO. The payment will be made subject to the submission of a certificate from the RVNL HQ/PIU/RO that the targets have been achieved in a satisfactory manner.

Sl. No.

Payment Milestone Payment (% of contract Value)

1. On submission of the inception Report complete in all respects 20% 2. On completion of the identification, verification of DPs and

initial consultation sessions, and submission of updated data on DPs (Identification and Verification report) and review of the same by the RVNL HQ/PIU.

20%

3. On submission and approval of the Micro Plan of DPs 20% 4. On completion of the rehabilitation process and

implementation of I.R. Plan 20%

5. On submission of the Final Completion Report 20% Total 100%

26. The above remuneration includes all costs related to carrying out the services, including overheads. The service tax or any other tax component shall be reimbursed/ paid to the NGO on production of documents. The insurance cost will be separate of the total project cost; the client shall be billed for this. 3.8 Team for the Assignment 27. The NGO shall assign a team of professionals to the site. The constitution of the team and the qualification for the team members is given below:

Sl. No. Position No. Of

Positions Qualifications

1. Team Leader 1 The Team Leader should be a post-graduate in Sociology/Social Work /Regional and/or Urban Planning, and should have experience in working on civil engineering projects. S/he should have more than 10 years experience in implementation of R&R and rural development works. S/he should have held responsible positions in previous assignments, possess participatory management skills and should have good knowledge of the region and the local languages.

2. Key Professionals (A)

1 Should be at least a graduate in social science. S/he should have at least 5 years experience in fieldwork. S/he should have participated in at least one project involving R&R activities, should have participatory knowledge of land measurement, and should be conversant with land valuation methods. Knowledge of local language is a necessary qualification. S/he

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should have experience in livelihood analysis, developing and implementing vocational training, and experience in participatory management.

3. Key Professionals (B)

2 Should be at least a graduate in social sciences. S/he should have at least 5 years of working experience including 2 years experience in R&R or rural development projects. Should have sound understanding of the land acquisition process and experience in participatory management. S/he should have experience in livelihood analysis, developing and implementing vocational training, experience in participatory management. Knowledge of local language is a necessary qualification.

4. Technical support professionals

Adequate as per the

NGO

Should be graduate or equivalent in social sciences with field work experiences. Knowledge of local language and experience of working in the region desired.

5. Other support Personnel

Adequate as per the

NGO

No minimum qualification

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

The proposal should accompany a personnel deployment schedule, clearly indicating whether the deployment is home-office based or in the field.

The NGO must propose at least one woman as part of the key personnel. The person-month deployment of the woman key personnel shall constitute at least 33% of the person-month deployment of all key professionals (including the team leader) in the assignment. At least two proposed female key persons shall be available to work at site for at least 50% of the duration of the project.

The female key persons, if selected for the contract, may be replaced during the period of contract, only with female key persons of equivalent qualifications and experience.

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