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«July 2013 IND: Rural Connectivity Investment Program Madhya Pradesh Prepared by Ministry of Rural Development, Government of India for the Asian ...»

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Due Diligence Report on Social Safeguards

July 2013

IND: Rural Connectivity Investment Program

Madhya Pradesh

Prepared by Ministry of Rural Development, Government of India for the Asian Development

Bank.

CURRENCY EQUIVALENTS

(as of 12 August 2013)

Currency unit – Indian Rupees (INR)

INR1.00 = $ 0.01648

$1.00 = INR 60.6795

ABBREVIATIONS

ADB : Asian Development Bank APs : Affected Persons BPL : Below Poverty Line CD Cross Drainage DM : District Magistrate EA : Executing Agency EAF Environment Assessment Framework ECOP Environmental Codes of Practice FFA Framework Financing Agreement GOI : Government of India GRC : Grievances Redressal Committee IA : Implementing Agency IEE : Initial Environmental Examination MFF : Multitranche Financing Facility MORD : Ministry of Rural Development MOU Memorandum of Understanding NC Not Connected NGO : Non-Government Organization NRRDA : National Rural Road Development Agency NREGP National Rural Employment Guarantee Program PIU : Project Implementation Unit PIC : Project Implementation Consultants PFR Periodic Finance Request PMGSY : Pradhan Mantri Gram Sadak Yojana ROW : Right-of-Way RRP Report and Recommendation of the President RRSIP II : Rural Roads Sector II Investment Program SRRDA State Rural Road Development Agency ST : Scheduled Tribes TA : Technical Assistance TOR : Terms of Reference TSC Technical Support Consultants UG Upgradation WHH : Women Headed Households

GLOSSARY

Affected Persons (APs): Affected persons are people (households) who stand to lose, as a consequence of a project, all or part of their physical and non-physical assets, irrespective of legal or ownership titles.

Encroacher: A person, who has trespassed government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there. Such act is called “Encroachment.” Pallisabha Resolution: A resolution drawn up by the collective decision of villagers. The resolution drawn up for the purpose of the project refers to identification of the affected persons, extent of their losses by unique identification and signed consent of the affected persons to donate voluntarily the identified assets for the project purpose. The resolution is also signed by the village sarpanch, village president and other villagers including senior citizens of the village.

Panchayat: An institution (by whatever name called) of self-government for rural areas constituted at the village, intermediate, and district levels under article 243B of the Constitution of India. The three levels of panchayat comprise gram panchayat at village level, intermediate panchayat at block level, and zilla panchayat at district level.

Village level mechanism for grievance redress: village committees were in place comprising the village sarpanch, village president and senior citizens for the purpose of redressal of grievances Sarpanch: Elected head of the Gram Panchayat Zilla : A district which is the first administrative division at the state level.

–  –  –

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.

–  –  –

A. Context and Purpose of the Report

B. Status of Batch-I Projects in Madhya Pradesh

C. Social Safeguards in the Project

D. Monitoring Process in the Project

E. Approach for Undertaking Due Diligence of Social Safeguards implementation for Batch I Roads

F. Findings

G. Conclusion

APPENDICES

1. RCIP – Districtwise Distribution of Proposed Batch I Roads – Madhya Pradesh

2. Madhya Pradesh RCIP Tranche I: Road wise (Non-Pilot Roads) Number of APs and VAPs.12

3. Outline Community Participation Framework

4. Status of Monitoring : Madhya Pradesh – RCIP Batch I Roads

5. List of Batch I Subproject Roads Reviewed

DUE DILIGENCE OF SOCIAL SAFEGUARDS COMPLIANCE – BATCH I

RURAL CONNECTIVITY INVESTMENT PROGRAMME : MADHYA PRADESH

A. Context and Purpose of the Report

1. As one of the key features of the Government’s poverty reduction agenda for the rural sector, the Government of India (GoI) is implementing a nation-wide rural road investment program, Pradhan Mantri Gram Sadak Yojana (PMGSY). PMGSY aims to provide all-weather road connectivity to currently unserved habitations in India’s rural areas, where 70% of the population live.

2. The Government of India (GOI) launched “The Pradhan Mantri Gram Sadak Yojna (PMGSY) in year 2000 The objective of PMGSY is to provide all-weather road connectivity to all rural habitations with a population of more than 500 persons in plains and and 250 persons in hill states. This program is being implemented through National Rural Road Development Authority (NRRDA) under Ministry of Rural Development (MORD) at central level and through State Rural Road Development Authority/Agencies (SRRDA) at state level. The Rural Connectivity Investment Program (RCIP) is continuation of Rural Road Sector II Program (RRS IIP) and is a multi-tranche financing facility (MFF) that aims to construct or upgrade to the allweather standard about 9,000 km of rural roads connecting around 4,800 habitations in the states of Assam, Chhattisgarh, Odisha, Madhya Pradesh and West Bengal. Under RCIP Project 1 (Loan 2881-IND) 234 roads totaling 1187.25 km in the state of Madhya Pradesh are under various stages of implementation.





3. The Government is now planning to submit to ADB the second Periodic Finance Request (PFR) covering state of Madhya Pradesh. The preparatory works for Batch II sub projects have been completed for the state. As per the requirements of ADB, it is mandatory that the subprojects under the previous batch of projects comply with ADB's social safeguards.

This report is prepared to serve the purpose for compliance with ADB's safeguards on involuntary resettlement and indigenous peoples during implementation of RCIP Batch I roads in Madhya Pradesh.

B. Status of Batch-I Projects in Madhya Pradesh

4. Under RCIP Batch –I, the state has 234 nos. roads totaling to a length of 1187.25 km (Refer Annexure 1 and 2 for the details). A summary of district wise subproject roads in Madhya

Pradesh under RCIP Batch I is as under:

–  –  –

5. The subprojects are at various stages of implementation. Most of these subprojects have been awrded for construction during the first quarter of 2013. Due to the monsoon period, the construction works are going slow.

C. Social Safeguards in the Project

6. The project adopts the following strategy to address the social safeguards and other

social risks in the project include the following:

–  –  –

The Community Participation Framework (CPF)1 establishes guidelines supplemental to 7.

the PMGSY guidelines for community consultation, detailing the procedural steps and requirements to be followed for all subprojects to be included under the Rural Connectivity Investment Program (RCIP) to be financed under ADB Loans.

8. The PMGSY employs a bottom-up approach for project planning and preparation. The Core Network, from which the roads to be improved are selected, is prepared at the block level in consultation with the concerned Panchayats and consolidated at the district level. The list of roads to be taken up in each yearly allocation is first prepared by the PIU, approved by the Zilla Parishad, and then forwarded to the state government for further approval.

9. In the preparation stage, the alignment of PMGSY roads is finalized through community consultation. The PMGSY guidelines require the PIU to conduct Transect Walk along project roads before finalizing the alignment, to ensure active community participation, select the alignment that best suits the community’s needs and minimizes adverse social and environmental impacts of the proposed improvement.

10. Under the PMGSY, the existing revenue tracks are taken up for construction to the standards in the Rural Roads Manual and other relevant specifications. The available width of the existing tracks is not always sufficient to accommodate the proposed improvements, as a result requiring additional land. A standard practice is voluntary land contribution by affected households to meet this requirement for improvements and/or upgrading of rural roads (e.g., shoulder adjustment and drainage). However, the extent of impacts on land, structures and livelihood sources is expected to be minimal, as the road improvements are generally carried out along the existing tracks.

11. Additional land required for road improvement under the PMGSY has been secured through voluntary donation by the land/asset owners. The CPF establishes the guidelines to ensure that donation is voluntary and the negative social and economic impacts due to the Project will be avoided or minimized. The community consultation processes for subproject preparation result in a set of documents that collectively serve as a plan for mitigating likely negative impacts of each subproject. This process follows the ADB social safeguard

requirements mentioned below for projects involving voluntary donations:

(i) full consultation with landowners and any non-titled people on site selection;

(ii) voluntary donations do not severely affect the living standards of APs and are directly linked to benefits, with community sanctioned measures to replace any losses that are agreed through verbal and written record by affected people; and Community Participation Framework for application to ADB financed sub-projects under Rural roads Sector II Investment program by ASRB, December 2005

–  –  –

13. The specific loan covenants for the project related to social safeguard issues include the

following:

Agency Particulars Responsible Land Availability Each state shall ensure that the respective IA implements the STATES provisions of the CPF for all Subprojects as agreed upon with ADB and in conformity with all relevant applicable laws and regulations of the Borrower/respective State.

Each State shall ensure that the respective IA shall, subject to STATES compliance with the relevant provisions of the CPF and EAF/ECOP and in accordance with all relevant applicable laws and regulations of the Borrower/respective State, acquire or make available the land and rights to land free from any encumbrances, clear the utilities, trees and any other obstruction from such land, required for commencement of construction activities in accordance with the schedule agreed under the related civil works contract.

Each State shall ensure that the respective IA shall (i) carry out the STATES community consultation process for all Subprojects in accordance with the PMGSY Guidelines as supplemented by the CPF, (ii) disseminate the information on process of land transfer/availability as the case may be support/assistance provisions and grievance procedures to the Project affected communities in a timely manner so that all related issues are resolved before awarding civil work contracts, and (iii) ensure that in case of voluntary land donations/transfer there are undertaken in a transparent manner under proper documentation and avoid any kind of coercion or forced donations/transfer; and in this regard shall not exercise any eminent domain or related mechanisms that may be deemed to be compulsory acquisition of land.

Each State shall ensure that the details of land made available in STATES accordance with the procedures prescribed in the PMGSY Guidelines, are reflected in the local land records in a timely manner, to avoid any disputes.

Social Impacts Each State shall ensure through specific provisions in the bid MORD/ documents and the civil works contracts financed under the Project that the STATES contractors shall; (i) disseminate information at work sites on the risk of sexually transmitted diseases and HIV/AIDS as part of the health and safety measures for those employed during construction; (ii) follow legally mandated provisions on health, welfare, sanitation, and appropriate working conditions, including accommodation, where appropriate, for construction

–  –  –

14. The PMGSY employs a bottom-up approach for project planning and preparation. The Core Network, from which the roads to be improved are selected, is prepared at the block level in consultation with the concerned Panchayats and consolidated at the district level. The list of roads to be taken up in each yearly allocation is first prepared by the PIU, approved by the Zilla Parishad, and then forwarded to the state government for further approval.

15. In the preparation stage, the alignment of PMGSY roads is finalized through community consultation. The PMGSY guidelines require the PIU to conduct Transect Walk along project roads before finalizing the alignment, to ensure active community participation, select the alignment that best suits the community’s needs and minimizes adverse social and environmental impacts of the proposed improvement.

16. Under the PMGSY, the existing revenue tracks are taken up for construction to the standards in the Rural Roads Manual and other relevant specifications. The available width of the existing tracks is not always sufficient to accommodate the proposed improvements, as a result requiring additional land. A standard practice is voluntary land contribution by affected households to meet this requirement for improvements and/or upgrading of rural roads (e.g., shoulder adjustment and drainage). However, the extent of impacts on land, structures and livelihood sources is expected to be minimal, as the road improvements are generally carried out along the existing tracks.



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