Assam Road Eia Pwd

Public Works Department Government of Assam

LEA Associates South Asia Pvt. Ltd.

New Delhi

INDIGENOUS PEOPLES DEVELOPMENT

PLAN (IPDP) NOVEMBER 2011

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IPP518 REV

Abbreviations ACC

AMP

AMS

APSEA

APTDC

ASACS

ASDC

ASRP

BPL

BTAD

BTC

DAC

DC

GoA

Gal

GRC

IP

IPDP

ITI

MAC

M&E

MDR

MSM

NACO

NFHS

NGO

NRRP

NSTFDC

NTFP

OP

PAP

PAH

PIU

PWD

RAP

RHAC

ROW

R&R

SC

SHG

SMC

SKAC

ST

TKAC

TAG

ARTISAN CREDIT CARDS

ANNUAL MAINTENANCE PLAN

ASSET MANAGEMENT SYSTEM

ANTI POVERTY SIMPLE ECONOMIC ASSISTANCE SCHEME

ASSAM PLAIN TRIBES DEVELOPMENT CORPORATION

ASSAM STATE AIDS CONTROL SOCIETY

ASSAM STATE DEVELOPMENT CORPORATION

ASSAM STATE ROADS PROJECT

BELOW POVERTY LINE

BODO TERRITORIAL AUTONOMOUS DISTRICT

BODOLAND TERRITORIAL COUNCIL

DEORI AUTONOMOUS COUNCIL

DEPUTY COMMISSIONER

GOVERNMENT OF ASSAM

GOVERNMENT OF INDIA

GRIEVANCE REDRESSAL CELL

INDIGENOUS PEOPLES

INDIGENOUS PEOPLES DEVELOPMENT PLAN

INDUSTRIAL TRAINING INSTITUTE

MISING AUTONOMOUS COUNCIL

MONITORING AND EVALUATION

MAJOR DISTRICT ROADS

MEN HAVING SEX WITH MEN

NATIONAL AIDS CONTROL ORGANISATION

NATIONAL FAMILY HEALTH SURVEY

NON GOVERNMENTAL ORGANIZATION

NATIONAL REHABILITATION AND RESETTLEMENT POLICY

NATIONAL SCHEDULED TRIBES FINANCE AND DEVELOPMENT CORPORATION

NON TIMBER FOREST PRODUCE

OPERATIONS POLICY

PROJECT AFFECTED PERSON

PROJECT AFFECTED HOUSEHOLDS

PROJECT IMPLEMENTATION UNIT

PUBLIC WORKS DEPARTMENT

RESETTLEMENT ACTION PLAN

RABHA HASONG AUTONOMOUS COUNCIL

RIGHT OF WAY

RESETTLEMENT AND REHABILITATION

SCHEDULED CASTES

SELF HELP GROUP

SOCIAL MANAGEMENT CELL

SONOWAL KACHARI AUTONOMOUS COUNCIL

SCHEDULED TRIBES

THENGAL KACHARI AUTONOMOUS COUNCIL

TIWA AUTONOMOUS COUNCIL

Table of Contents 1 INTRODUCTION .......................................................................................... 1-1 1.1 BACKGROUND ..................................................................................................................................... 1-1 1.2 PROJECT DESCRIPTION ................................................................................................................... 1-1 1.3 NEED FOR AN INDIGENOUS PEOPLES DEVELOPMENT PLAN ....................................................... 1-2 1.4 STRUCTURE OF THE REPORT .......................................................................................................... 1-4

2 POLICY AND LEGAL FRAMEWORK ......................................................... 2-1 2.1 EXISTING ACTS AND POLICIES RELEVANT TO THE IPDP .............................................................. 2-1

2.1.1 ASSAM STATE ROADS RESETTLEMENT AND REHABILITATION POLICY, 2004 ................................ 2-1

2.1.2 NATIONAL REHABILITATION AND RESETTLEMENT POLICY, 2007 ..................................................... 2-1

2.1.3 WORLD BANK OP 4.10 .............................................................................................................................. 2-2

2.1.4 SCHEDULED CASTE AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT, 2002 ...................... 2-2

2.1.5 SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 .......... 2-2

2.1.6 THE PROTECTION OF CIVIL RIGHTS ACT (1955) ................................................................................... 2-2

2.1.7 THE SCHEDULED TRIBES (RECOGNITION OF FOREST RIGHTS) ACT, 2005 ..................................... 2-2

2.1.8 SAFEGUARD OF SCS AND STS IN INDIA ................................................................................................ 2-3

2.1.8.1 Social Safeguards ................................................................................................................... 2-3 2.1.8.2 Economic Safeguards ................ ............................................................................................. 2-3 2.1.8.3 Political Safeguards ................................................................................................................. 2-3

3 SOCIO ECONOMIC PROFILE ..................................................................... 3-1 3.1 PROFILE OF THE SCHEDULE TRIBES IN ASSAM ............................................................................. 3-1

3.1.1 ST POPULATION IN ASSAM ...................................................................................................................... 3-1

3.1.2 SCHEDULED TRIBES IN THE PROJECT STATE ..................................................................................... 3-1

3.1.2.1 The Bodo-Kacharis ............................................................................................................... 3-1 3.1.2.2 The Rabhas ............................................................................................................................. 3-2 3.1.2.3 The Tiwas ................................................................................................................................ 3-3 3.1.2.4 The Misings or Miris ............................................................................................................... 3-3

3.2 PROFILE OF STS IN THE PROJECT DISTRICTS ............................................................................... 3-4 3.2.1 LITERACY RATE ........................................................................................................................................ 3-4

3.2.2 LIVELIHOOD AND ECONOMIC ACTIVITIES ............................................................................................. 3-5

3.2.3 MAIN TRIBES IN THE PROJECT DISTRICTS ........................................................................................... 3-5

3.3 PROFILE OF STS ALONG THE PROJECT CORRIDORS ................................................................... 3-5 3.3.1 POPULATION ............................................................................................................................................. 3-5

3.3.2 AGE PROFILE ............................................................................................................................................. 3-6

3.3.3 LITERACY ................................................................................................................................................... 3-6

3.3.4 MONTHLY INCOME .................................................................................................................................... 3-6

3.3.5 BELOW POVERTY LINE (BPL) ............................................................................................ , ..................... 3-7

3.3.6 LIVELIHOOD AND ECONOMIC ACTIVITIES ............................................................................................. 3-7

4 PROJECT IMPACTS ON IP's ...................................................................... 4-1 4.1 INTRODUCTION ................................................................................................................................... 4-1 4.2 MAGNITUDE OF LAND ACQUISITION ................................................................................................ 4-1 4.3 EXTENT OF RESETTLEMENT AND REHABILITATION ..................................................................... .4-1

4.3.1 EXTENT OF IMPACT ON AGRICULTURAL LAND .................................................................................... 4-1

4.3.2 EXTENT OF IMPACT ON STRUCTURES .................................................................................................. 4-2

4.3.3 OWNERSHIP OF PROPERTIES ................................................................................................................ 4-2

5 RESETTLEMENT AND REHABILITATION OF IPs .................................... 5-1

6 INDIGENOUS PEOPLES DEVELOPMENT PLAN ...................................... 6-1 6.1 EXISTING INSTITUTIONAL ARRANGEMENT FOR TRIBAL WELFARE ............................................. 6-1

6.1.1 ORGANIZATIONAL STRUCTURE OF WPT & BC ..................................................................................... 6-1

EA & SA for Assam State Roads Project PWD, Government of Assam

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER,2011

Contents

6.1.2 EXISTING SCHEMES FOR ST PAPS ........................................................................................................ 6-2

6.2 IMPLEMENTATION ARRANGEMENTS FOR IPDP .............................................................................. 6-4 6.2.1 SOCIAL MANAGEMENT CELL (SMC) ....................................................................................................... 6-4

6.2.2 R&R IMPLEMENTATION CELL .................................................................................................................. 6-4

6.3 SELF HELP GROUP AMONG ST WOMEN .......................................................................................... 6-7 6.4 CONSULTATION STRATEGY .............................................................................................................. 6-7 6.5 REQIUREMENT OF TRAINING FOR SKILL UP- GRADATION .......................................................... 6-13 6.6 OTHER ASSISTANCE FOR TRIBAL VILLAGES ................................................................................ 6-15 6.7 IMPLEMENTATION SCHEDULE FOR IPDP ACTIVITIES .................................................................. 6-16 6.8 INFORMATION DISCLOSURE ........................................................................................................... 6-16 6.9 COST AND BUDGET FOR IMPLEMENTATION OF IPDP .................................................................. 6-16 6.10 GRIEVANCE REDRESSAL CELL ....................................................................................................... 6-19 6.11 MONITORING AND REPORTING ....................................................................................................... 6-19

7 INDIGENOUS PEOPLES MANAGEMENT FRAMEWORK ......................... 7-1 7.1 OBJECTIVES ........................................................................................................................................ 7-1 7.2 PROCEDURE FOR PREPARING AN IPDP ......................................................................................... 7-1

7.2.1 SCREENING ............................................................................................................................................... 7-1

7.2.2 SOCIAL IMPACT ASSESSMENT ............................................................................................................... 7-2

7.2.3 ENTITLEMENTS FOR ST PAPS ............................................................................................................... 7-2

7.2.4 CONSULTATION, DISCLOSURE AND INSTITUTIONAL FRAMEWORK .................................................. 7-2

7.2.5 MONITORING AND EVALUATION ............................................................................................................. 7-2

7.3 SUGGESTED FORMAT FOR IPDP ...................................................................................................... 7-2 7.4 KEY ELEMENTS OF IPDP AND PARTICIPATORY APPROACH ......................................................... 7-3 7.5 IMPLEMENTATION ISSUES AND STRATEGy .................................................................................... 7-4 7.6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION ........................................................... 7-5

7.6.1 IMPLEMENTATION COMMITTEE (DISTRICT LEVEL) .............................................................................. 7-5

7.6.2 VILLAGE LEVEL COMMITTEE ................................................................................................................... 7-6

7.6.3 NGO PARTICIPATION ................................................................................................................................ 7-6

7.6.4 SELECTION OF NGO ................................................................................................................................. 7-6

7.6.5 CONSULTATION AND DISCLOSURE ....................................................................................................... 7-7

7.6.6 MONITORING AND EVALUATION ............................................................................................................. 7-7

7.6.6.1 Need for Monitoring ................................................................................................................. 7-7 7.6.6.2 Role of Independent Agency ................................................................................................... 7-7

List of Tables Table 1-1: ASRP Stage - I Roads ............................................................................................................... 1-1 Table 3-1: ST population in Assam ............................................................................................................. 3-1 Table 3-2: ST population in the project districts .......................................................................................... 3-4 Table 3-3: Literacy rate among STs in the project districts ......................................................................... 3-4 Table 3-4: Main tribes along the project corridors ....................................................................................... 3-5 Table 3-5: ST PAHs along the project corridors ........................................................................................... 3-5 Table 3-6: Age profile of ST PAPs along the project corridors .................................................................... 3-6 Table 3-7: Literacy Rate among ST PAPs along the project corridors ........................................................ 3-6 Table 3-8: Monthly incomes of the ST PAPs along the project corridors .................................................... 3-6 Table 3-9: Percentage of BPL among ST PAPs along the project corridors ............................................... 3-7 Table 3-10: Occupational pattern of the ST PAPs along the project corridors (in %) ................................. 3-7 Table 4-1: Acquisition of land belonging to STs .......................................................................................... 4-1 Table 4-2: No. of impacted agricultural land parcels of ST PAPs ............................................................... 4-1 Table 4-3: No. of impacted structures of ST PAPs ..................................................................................... 4-2 Table 4-4: Ownership of the impacted properties ....................................................................................... 4-2 Table 5-1: Entitlement Matrix for Assam State Roads Project (ASRP) ....................................................... 5-2 Table 6-1: Activities to be undertaken by the NGO ..................................................................................... 6-6 Table 6-2: Community Level Consultation with ST PAHs ........................................................................... 6-7

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INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER. 2011

Contents

Table 6-3: Outcome of the consultations .................................................................................................... 6-8 Table 6-4: Consultation with Tribal Councils ............................................................................................... 6-9 Table 6-5: Roles and responsibilities of different stakeholders in tribal areas .......................................... 6-13 Table 6-6: Training Programmes Available for STs .................................................................................. 6-13 Table 6-7: List of Industrial Training Institutes in Project Districts ............................................................. 6-14 Table 6-8: Estimated cost of construction of community hall .................................................................... 6-15 Table 6-9: Implementation schedule for IPDP .......................................................................................... 6-16 Table 6-10: Estimated budget for implementation of IPDP ....................................................................... 6-17 Table 6-11: Monitoring indicators for IPDP implementation ...................................................................... 6-20

List of Figures Figure 1-1: Project Corridors ........................... ; ........................................................................................... 1-3 Figure 6-1: Organizational Set Up of the Department for WPT & BCs ....................................................... 6-2

List of Armexures

Annexure 2-1: ............................. List of Communities Classified as Scheduled Castes and Scheduled tribes Annexure 6-1' ................................................................................................. Orders by the GoA, Notification Annexure 6-2: ........................................................ Hiring of NGO's Services for Assam State Roads Project Annexure 6-3: ...................................................... Layout Plan for the Construction of the Community Center

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1 1IIlIIIuenili 1.1 BACKGROUND

The proposed Assam State Road Project (ASRP) is an initiative of the Government of Assam (GoA) to undertake road improvements and related asset management in the state. In order to achieve the set goals, the GoA has requested the World Bank (WB) for a funding of US $ 200 million for upgradation and periodic maintenance including replacement of timber bridges of Phase I roads.

The development of the state roads hold high level of importance as Assam is not only the gateway to the north eastern states but also provides regional interconnectivity. The National Highways, State Highways (SH) and Major District Roads (MDRs) of Assam get traffic flows from the seven north eastern states. With limited rail connectivity due to the difficult terrain in the region, most of the traffic, both passenger and goods use the roads in Assam. The condition of the road network in Assam is poor and has suffered from years of neglect. The present condition is the result of under-funding in road development, inadequate maintenance and frequent damages due to recurrent floods. The total road network in the state is around 41,298 km, of which only 20% are paved as compared to the national average of 58%. About 94% of the roads are still single lane and about 40% of SH and MDRs have earth or gravel surface. Majority of the roads have poor riding quality, weak pavements, inadequate capacity and no over bridges.

1.2 PROJECT DESCRIPTION

The proposed ASRP includes two major components of 1) Road Improvements and 2) Asset Management. The SUb-components of these have been discussed below:

Component 1: Road Improvement (about 95% of the project cost) including civil works for a combination of road widening/upgrading and pavement rehabilitation/strengthening (within the existing Right of Way (RoW)) of about 1200 km high priority core network roads including bridges and road safety engineering measures).

The improvement works including pavement strengthening/rehabilitation and other improvements within the existing RoW will be implemented under two Phases: Phase I covering 800 km of road length and Phase II containing the remaining 400km. Further, the Phase-I will be implemented in 2 stages, out of which the Stage - I will cover a road length of 310 km. The details of the project roads to be taken up in Stage - I is given in Table 1-1 and shown in Figure 1-1.

Table 1-1: ASRP Stage - I Roads

51 Road Chainage Chainage Length

Package No. District From To From To No No (Km) (Km) (Km)

BATCH-1

1 ASRP/P1 S1/ICB/SH- SH-46 Goalpara Dudhnoi Pancharatna 0.00 41.67 41.67 46/1

2 ASRP/P1 S1/NCB/SH- SH-3 Morigaon Morigaon Nagaon 67.20 102.33 35.13 3/2

3 ASRP/P1S1/NCB/SH- SH-31 Jorhat Jorhat Morioni 0.00 17.35 17.35

31/3

4 ASRP/P1 SlINCB/SH- SH-32 Golaghat Borhola Goronga 37.30 49.83 12.53

32/4 Sub-total 106.7

BATCH-2

5 ASRP/P1 S1I1CB/SH-2/5 SH-2 Bongaigaon Chapaguri River Manas 0.00 33.50 33.50

6 ASRP/P1 S1I1CB/SH-2/6 SH-2 Barpeta River Manas Barpeta 34.00 61.00 27.00

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EA & SA for Assam State Roads Project PWD, Government Of Assam

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER, 2011

I SI Road Chainage Chainage Length Package No. District From To From To No No

(Km) (Km) (Km)

Medical

7 ASRP/P1S1/ICB/SH· SH-22 Dhemaji Gogamukh Ghilamara 0.00 22.00 22.00 22& SH-4217 SH-42 Lakhimpur Ghilamara Dhakuakhana 0.00 16.00 16.00

8 ASRP/P1 S1/NCB/SH- SH-45 Sonitpur Soibari Sapekhati 0.00 11.0 11.0

45/8 Sub Total 109.30

BATCH-3

9 ASRP/P1 S1/1CB/SH-3/9 SH-3 Nagaon Nagaon Naltali 102.33 142.65 40.32

10 ASRP/P1S1/ICB/SH-

SH-3 Kamrup Narengi Bhakatgaon 0.00 51.00 51.00 3/10

11 ASRP/P1 SlINCB/SH-

SH-2 Barpeta Barpeta

Barpeta Town 61.00 64.00 3.00 2/11 Medical

Sub·total 94.3 r--TOTAL 310.5

Component 2: Asset Management (about 5% of the project costs) to:

• Develop and operationalize a simple Asset Management System (AMS).

• Implement Annual Maintenance Plans (AMPs) for a primary core network - prepared through the AMS and involving new/improved methods of execution of maintenance works.

• Develop and implement an action plan to improve road transport services and operations. • Implement PWO's Institutional Development Action Plan to modernize and strengthen the PWO so that

it can better manage its road assets. The Plan includes development of a road sector policy/strategy, development of a Road Management Act, revision of existing PWO code, strengthening of Road Board functions, and measures to increase PWO's staff capacity/productivity.

• The GoA will fund the maintenance works under the AMPs through its maintenance funds

1.3 NEED FOR AN INDIGENOUS PEOPLES DEVELOPMENT PLAN

Assam, with a Scheduled Tribe (ST) population of 12 % of the state population (in 2001) includes several pockets inhabited by indigenous communities who are perhaps the most vulnerable sections of the society. The project corridor passes through some of the tribal dominated areas. The designs for the ASRP corridors have been worked out within the available RoW to minimize land acquisition and resettlement impacts. However, there are few stretches where private land and structure acquisition has been necessitated due to non-availability of sufficient widths to accommodate the proposed cross section and need for improvement of road geometry. The road improvement in tribal areas requires minor land acquisition, and involves impact on 61 Project Affected Households (PAHs) belonging to ST losing structures and 15 agricultural land parcels. Consultations with these communities and information on these PAHs based on the socioeconomic surveys carried out indicate that the social and economic characteristics of these ST PAHs are similar to other categories of PAHPs. To ensure that these PAHs are not adversely impacted due to the proposed project interventions, this IPDP has been prepared in line with the national, state and World Bank safeguard policies. The principal objectives of IPDP are to:

• Ensure that the project engages in free, prior and informed consultation with IPs; • Ensure that project benefits are accessible to the indigenous community living in the project area;

• Avoid any kind of adverse impact on the indigenous community to the extent possible and if unavoidable ensure that adverse impacts are minimized and mitigated;

• Ensure IP participation in the entire process of preparation, implementation and monitoring of project;

• Minimize further social and economic imbalances within communities; and

• Develop appropriate training I income generation activities in accordance to their own defined needsn and priorities.

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1-3


1.4 STRUCTURE OF THE REPORT

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER. ZOl1

The project report has been structured into seven chapters including this introductory chapter.

~ CHAPTER 2: LEGAL AND POLICY FRAMEWORK: The prevalent and relevant acts and rules in the country relevant for the IPs have been presented including discussion on how they facilitate in achieving a better social and economic status to the IPs.

() CHAPTER 3: SOCIO-ECONOMIC BASE LINE OF THE INDIGENOUS PEOPLES: The social and cultural features of the STs living within the project area and the project affected IPs have been discussed in this chapter.

• CHAPTER 4: PROJECT IMPACTS ON INDIGENOUS PEOPLES: The impacts due to the land acquisition for the proposed project improvements have been presented with respect to the IPs.

III! CHAPTER 5: RESETTLEMENT AND REHABILITATION OF INDIGENOUS PEOPLES: The chapter discusses the entitlements for the project affected IPs for their loss of land, structures, community resources, etc.

CHAPTER G: INDIGENOUS PEOPLES DEVELOPMENT PLAN: To give a better economic opportunity to the ST community various activities have been proposed with an action plan to implement. This includes the monitoring of physical and financial progress of the plan implementation.

co CHAPTER 7: INDIGENOUS PEOPLES MANAGEMENT FRAMEWORK (IPMF): To provide a framework to address potential impacts on IPs along the project roads to be taken up in the subsequent stages of the project and provide guidance for the preparation of IPDPs.

1-4

2 PIUCY DD LE_ FIIlI1EW8RI This chapter presents the existing acts, rules and policies related to land acquisition and resettlement and rehabilitation (R&R) of IPs at the state and national level. It also identifies the Indian constitutional safeguards and the World Bank safeguard policies on involuntary resettlement of IPs and their relevance to the project and highlights the special provisions made for the Indigenous PAPs in the entitlement matrix as per the ASRRRP, 2004.

2.1 EXISTING ACTS AND POLICIES RELEVANT TO THE IPDP

The existing legislations and policies applicable to the IPDP include:

• Assam State Roads Resettlement and Rehabilitation Policy (ASRRRP), 2004;

• National Rehabilitation and Resettlement Policy (NRRP),2007;

• World Bank Operation Policy (OP) 4.10

• Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 2002;

• Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989;

• The Protection of Civil Rights Act, 1955; and

• The Scheduled Tribes (Recognition of Forest Rights) Act 2005;

2.1.1 Assam State Roads Resettlement and Rehabilitation Policy, 2004

The Government of Assam (GoA) has enacted Assam State Roads Resettlement and Rehabilitation Policy (ASRRRP), 2004. The policy has been prepared for the management and mitigation of impacts arising due to road improvement projects. The policy broadly covers the issues related to land acquisition, displacements, compensation, resettlement assistances to the project affected persons, institutional arrangement for implementation and grievance redressal mechanism.

The entitlement matrix prepared for the R&R as the ASRRRP does not provide for special assistance to the tribal PAPs/PAH/Community under the vulnerable category. However, provisions for special assistance to the tribal communities under the ASRP have been outlined based on the NRRP and the World Bank OP 4.10.

2.1.2 National Rehabilitation and Resettlement Policy, 2007

The National Rehabilitation and Resettlement Policy, 2007 (NRRP) provides guidelines and execution instructions applicable to all projects. It provides that the basic minimum requirements of projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The special assistance for the tribal community as per the NRRP are:

• Each affected family belonging to ST shall be given preference in allotment of land-for-Iand, provided government land is available;

• Each ST AF shall get an additional one-time financial assistance equivalent to 500 days minimum agricultural wages for loss of customary rights/usages of forest produce;

• Tribal AFs will be re-settled in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity subject to availability of Government land;

• Settlements predominantly inhabited by tribals shall get land free of cost for community and religious gatherings;

• Tribal land alienated in violation of the laws and regulations in force on the subject will be treated as null and void. R&R benefits will be available only to the original tribal land owner; and

2-1

EA & SA for Assam State Roads Project INDIGENOUS PEOPLES DEVELOPMENT PLAN PWD, Government of Assam NOVEMBER,2011

• Tribal AFs enjoying reservation benefits in the affected zone shall be entitled to get the reservation benefits at the resettlement zone.

2.1.3 World Bank OP 4.10

The World Bank defines Indigenous Peoples (IPs) by the following criteria:

• Self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;

• Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;

• Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture;

• An indigenous language, often different from the official language of the country or region; and

• Identification by the Borrower Country as an Indigenous Group.

Operational Policy 4.10 ensures that indigenous population benefits from development projects and those projects' potentially adverse effects are avoided or mitigated.

2.1.4 Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 2002

The Act provides for inclusion of certain tribes or tribal communities or parts of or groups within tribes or tribal communities, equivalent names or synonyms of such tribes or communities in the list of Scheduled Tribes; removal of area restrictions and bifurcation and clubbing of entries; imposition of area restriction in respect of certain castes in the lists of Scheduled Castes, and the exclusion of certain castes and tribes from the lists of Scheduled Castes and Scheduled Tribes. The communities classified as Scheduled Castes or Scheduled tribes are given as Annexure 2-1.

2.1.5 Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989

This Act prevents the commission of offences or atrocities qgainst members of the STs and SCs and provides for a special court for the trial of offences against them. It also provides for the relief and rehabilitation of victims of such offences.

2.1.6 The Protection of Civil Rights Act (1955)

This Act prescribes punishment for the preaching and practice of "untouchability" and/or enforcement of any disability arising there from for matters connected therewith.

2.1.7 The Scheduled Tribes (Recognition of Forest Rights) Act, 2005

The Act has been framed to recognise and vest the forest rights, occupation in forest land, in forest dwelling, the STs who have been residing in such forests for generations but whose rights could not be recorded; to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land.

This policy recognises that a majority of STs continue to live below the poverty line, have poor literacy rates, suffer from malnutrition and diseases and are vulnerable to displacement and thus the policy aims at addressing each of these problems in a concrete way. It also lists out measures to be taken to preserve and promote tribal cultural heritage.

The main objective is to facilitate the overall development and welfare of the tribal people by empowering them socially, economically and politically without any impact on their culture, habitation and tradition and in terms of their age old rights and privileges.

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EA & SAfar Assam State Roads Project PWD, Government of Assam

2.1.8 Safeguard of SCs and STs in India


The Constitution of India defines tribal groups and tribal areas under various Articles. Article 342 specifies tribes or tribal communities. Article 341 requires the President of India to specify the castes, races or tribes or parts of groups within castes, races, tribes etc and these tribes and castes so specified are referred as STs and SCs respectively. In pursuance of these provisions, the list of SCs and STs are notified for each State and Union Territory for whom a number of social, economic and political safeguards are provided by the constitution of India. The following section lists of the major constitutional safeguards available for SCs and STs in India.

2.1.8.1 Social Safeguards

• Equality before Law (Article 14). • The State to make special provisions for the advancement of any socially and educationally backward

classes of citizens or for the SCs and the STs (Article 15(4».

• Equality of opportunity for all citizens in matters relating to employment or appointments to any office under the State (Article 16).

• The State has to make provisions for reservation in appointments or posts in favour of any backward class citizen which in the opinion of the State is not adequately represented in the services under the State (Article 16(4».

• The State to make provisions in matters of promotion to any class or classes of posts in the services in favour of the SCs and the STs (Article 16(4A».

• A National Commission for SCs and the STs to investigate, monitor and evaluate all matters relating to the Constitutional safeguards provided for the Scheduled Castes and the Scheduled Tribes (Article 338).

• Appointment of a Commission to report on the administration of the Scheduled Areas and the welfare of the STs in the States (Article 339).

• Appointment of a Commission to investigate the conditions of socially and educationally backward classes and the difficulties under which they labour and to make recommendations to remove such difficulties and to improve their conditions (Article 340).

2.1.8.2 Economic Safeguards

• The State to promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of SCs and the STs, and protect them from social injustice and all forms of exploitation (Article 46).

• Grant-in-Aid from the consolidated fund of India each year for promoting the welfare of the STs and administration of the Scheduled Areas (Article 275(1).

• The claims of the members of the SCs and the STs in the appointments to services and posts in connection with the affairs of the Union or of a State by taking into consideration conSistently with the maintenance of efficiency of administration (Article 335).

2.1.8.3 Political Safeguards

• Article 244 (2) of the Constitution states that the provisions of the Sixth Schedule shall apply to the administration of Tribal Areas in the State of Assam. The Constitution states that the Parliament. by law, may form within the State of Assam an Autonomous state comprising (whether wholly or in part) all or any of the tribal areas [Article 244 A (1)].

• Article 330 states that seats shall be reserved for the SCs and the STs in the House of the People. • Article 332 states that seats shall be reserved for the SCs and the STs in the Legislative Assemblies of

the States.

• Article 243D states that seats shall be reserved for the SCs and the ST s in every Panchayat.

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3 SOCIO ECOIiOIlIC PlORLE This chapter presents a profile of the various scheduled tribes in Assam, their characteristics, livelihood and institutional structures. The profile of the ST PAPs in the project area has been worked out based on an analysis of the baseline socio-economic characteristics gathered as part of the socio economic surveys.

3.1 PROFILE OF THE SCHEDULE TRIBES IN ASSAM

3.1.1 ST Population in Assam

As per the 2001 census, the total population of Assam is 26,655,528 out of which 12% of the population belongs to STs (Table 3-1). The major tribes are Bodos, Rabhas, Karbis, Barmans, Deoris, Lalungs, Kacharis, Kukis and Miris. Other tribes with very little population include Garos, Hajongs, Hmars, Nagas, Mech and Jaintias.

Table 3-1: ST population in Assam

Scheduled Tribes State

Person Male

3,308,570 1,678,117

Source: Census of India, 2001

Female

1,630,453

% of ST to Total Population

12

The list of STS of Assam as identified by GoA and prepared under the Scheduled Caste and Scheduled Tribes Orders (Amendment), Act 2002 is presented in Annexure 2-1.

3.1.2 Scheduled Tribes in the Project State

The STs along the project corridors belong to the following tribes Bodo-Kacharis, Rabhhas, Tiwas and Miris or Mising. The main characteristics and features of these tribal communities have been discussed below.

3.1.2.1 The Bodo - Kacharis

Bodos are concentrated mainly in the districts of Kokrajhar, Udalguri and the northern belt of the districts of Bongaigaon, Barpeta, Nalbari, Kamrup and Darrang. According to 1991 census, there were 1.2 million Bodos in Assam which makes about 5.3% of the total population of the state.

Livelihood

Their livelihood source is predominantly agriculture. Rice is the staple food of the Bodo people and they are in all likelihood the first cultivators of rice in India. They are the pioneers in introducing rearing of silk worms as well as spinning and weaving of silk clothes in India. No Bodo household is complete without a loom. They are the ones who introduced the technique of food production by plant cultivation and domestication of animals in the North East. They are experts in constructing irrigation canals and earthwork embankments for diverting water from river beds into their rice fields.

Language

The Bodo language is a branch of the Sino-Tibetan family of languages and a language under the Assam-Burmese group of languages. In earlier times it had its own script called the Deodhai which is no more in existence today. At present they use the Devanagiri script. The Bodo

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language was declared as one of the associate official languages of Assam by an Ordinance issued on 28th Dec, 1984 and is used in the districts of Kokrajhar, Udalguri, Baksa and Chirang.

Political System

After a decade long agitation, the Bodos were granted permission for formation of The Bodoland Territorial Council (BTC). The BTC WAS established according to the Memorandum of Settlement of February 10, 2003 also known as the BTC Accord. The BTC has 12 electorate members each looking after a specific area of control called somisthi. The area under the BTC jurisdiction is called the Bodo Territorial Autonomous District (BTAD). The BTAD was created under the sixth schedule of the Constitution of India and consist of four contiguous districtsKokrajhar, Baksa, Udalguri and Chirang-carved out of eight existing districts-Dhubri, Kokrajhar, Bongaigaon, Barpeta, Nalbari, Kamrup, Darrang and Sonitpur-an area of 27,100 km2 (35% of Assam). The BTC accord facilitates for an Executive Council with adequate political power. The council has 46 members (out of which 40 are elected and remaining six are nominated by the government).

3.1.2.2 The Rabhas

Rabhas are one of the nine STs and the fourth largest tribe in the plains districts of Assam. They belong to the Indo-Mongoloid group of people speaking Tibeto-Burman languages. The Rabhas are ramified into three groups mainly - The Patir, the Rangdania and the Maitoria. The Rabhas are mainly found in the districts of Goalpara, Kamrup and Darrang.

Livelihood

The Rabha people earn their livelihood through agriculture. They also collect forest products like herbs, firewood, bamboo etc. to meet their daily requirement. Handloom, textile and small scale cottage industries are their other sources of income. The men are expert in cane and bamboo crafts and they make various household items. The women are experts in both spinning and weaving. These expertise are not only a secondary source of livelihood but also a part and parcel of their material culture. With changing time the Rabhas are now also engaging in nonagricultural activities like household Industries, construction work, trade and commerce, transport and government services.

Language

The Rabhas generally speak the local Assamese and their Rabha dialect to a great extent. The Rabha dialect, as stated by George Abraham Grierson, belongs to Bodo group of languages of Assam-Burmese branch.

Political System

The Rabha Hasong Council Autonomous Council (RHCAC) was created to fulfill the longstanding demands of the Rabha people of the area. The Council is governed by the Memorandum of Settlement and Rabha Hasong Autonomous Council Act, 10lh March, 1995. It has its headquarter at Dudhnoi town. The council was created for social, economic, educative, ethnic and cultural development of the Rabha people. The jurisdiction of this council covers 779 villages as core area except some parts of Matia, Balijana and Lakhipur revenue Circles and extends upto Rani area of Kamrup district. It embraces almost the entire district of Goalpara.

The Council has village councils at the village level. Each village council consists of 10 elected members out of which 5 are from Rabha Community. Out of the 5 reserved seats one is reserved for a woman member. The general council has 40 members out of which 4 are nominated by the government.

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3.1.2.3 The Tiwas


Tiwas are recognized as a ST only within Assam. A striking peculiarity of the Tiwas is their division into two sub-groups Hill Tiwas and Plain Tiwas, displaying very contrasting cultural features, The Hill Tiwas live in the westernmost areas of Karbi-Anglong (Assam). Plain Tiwas live on the flat lands of the southern bank of the Brahmaputra River, mostly in Morigaon and Nagaon districts.

Livelihood

Their livelihood source is predominantly agriculture. Community hunting has fast disappeared though community fishing is still prevalent on the occasion of Jonbeel Mela. Pigs and Fowls are also reared by all Tiwas.

Language

The hill Tiwas speak a Tibeto-Burman language of the Bodo-Garo group called Tiwa language. The vast majority of the plain Tiwas speak Assamese as their mother tongue. Tiwa language is still spoken on the foothills and in rare villages of the plains,

Political System

Tiwa Autonomous Council (T AC) was established on 13th April, 1995 with the objective of giving maximum autonomy under the framework of Constitution of India for overall socio-economic development of the Tiwas. The TAC is governed by the Memorandum of Understanding and Tiwa Council Act, 2005. The general council has 40 members out of which 4 are nominated by GoA The Executive Council has the Chief Executive and Executive Councilors. The MP and MLA belonging to ST reserved constituency of the council area are ex-officio members of the general council.

3.1.2.4 The Misings or Miris

Second to the Bodos, the Misings are the largest ST of Assam. The Misings were known to the outside world earlier as MIRI and included as such in the list of Scheduled Tribes (Plains) of Assam, vide Constitution Order, 1950 [modified in 1956, and amended further through the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976], as well as in the census reports, They are scattered in eight districts of Assam, viz. Tinsukia, Dibrugarh, Dhemaji, Lakhimpur, Sibsagar, Jorhat, Golaghat and Sonitpur but are concentrated mainly in the districts of Dhemaji, Lakhimpur and Majuli subdivision of the Jorhat district.

Livelihood

Agriculture is the source of livelihood for Misings. The women contribute to the income of the family by rearing pigs, fowls and, occaSionally, goats. They make almost all the tools required for their day-to-day life, such as baskets, carry bags, trays, boxes, fish traps of various kinds, hencoops, etc., using bamboo and cane as material. Community fishing is a winter affair among the Misings. A small percentage of their population works in the public sector, small trading, etc. as sources of income.

Language

The Misings are a close cognate of the Adis of Arunachal ethnically and culturally. In fact, the first dictionary of the speeches of the Misings and the Adis, called A Dictionary of the Abor-Miri Language CAbor-Miri' being the paleo-exonym for 'Adi-Mising'), treats them as a single speech community. The Mising language does not have its own script.

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EA & SA/or Assam State Roads Project PWD, Government 0/ Assam


Political System

The Mising Autonomous Council (MAC) was set up on June, 1995 to provide maximum autonomy under the framework of Constitution of India for social, economic, educational, ethnic, cultural advancement of Mising people in the State. The MAC has 1245 villages in its core areas and 366 villages as satellite area. It is governed by Memorandum of Settlement and the Mising Autonomous Council Act, 1995. The general council has 40 members out of which 4 are nominated by the GoA. The Executive Council consists of the Chief Executive and Executive Councillors. The MP and MLA belonging to ST reserved constituency of the Council area are exofficio members of the general council.

3.2 PROFILE OF STs IN THE PROJECT DISTRICTS

Table 3-2 presents the concentration of ST in the project districts as per 2001 census. The ST population is highest in the district of Dhemaji where almost half (47.29%) the population belongs to ST, followed by Lakhimpur district (23.49%). Other districts with high ST population are Goalpara, Morigaon, Jorhat and Bongaigaon.

Table 3-2: ST population in the project districts

SI No. Scheduled Tribes

Male Female District

Goalpara (SH 46) 66,109 65,691

2 Barpeta (SH 2) 61680

3 Bongaigaon (SH 2)

4 Nagaon (SH 3)

5 Morigaon (SH 3)

6 Jorhat (SH 31, 32)

7 Golaghat (SH 32) 93920 48189 45371

8 Lakhimpur (SH 22, 42) 208864 106271 102593

9 Dhemaji (SH 42) 270496 138135 132361

10 Sonitpur (SH 45) 195083 99697 95386


3.2.1 Literacy Rate

% of ST Population to the Total Population

16.03

7.48

12.23

3.86 15.55 12.32

9.93

23.49

47.29

11.6

The ST population of the project districts has recorded literacy well above the national average for STs (47.1 %) as presented in Table 3-3. The male literacy rate is high in comparison with the female literacy, which clearly indicates that women needs to be encouraged and motivated to go to school. Literacy is the lowest among ST women in Bongaigaon.

Table 3-3: Literacy rate among STs in the project districts

~ Dlstrlet Population

Person Male Female Goalpara (SH 46) 73.27 81.74 64.79 Barpeta (SH 2) 60.87 73.19 48.7

3 Bongaigaon (SH 2) 62.69 72.91 12.51 4 Nagaon (SH 3) 63.66 72.57 54.53 5 Morigaon (SH 3) 60.77 71.31 50.17 6 Jorhat (SH 31, 32) 69.88 79.39 6007 7 Golaghat (SH 32) 64.3 74.81 53.21 8 Lakhimpur (SH 22, 42) 62.48 73.37 51.22 9 Dhemaji (SH 42) 59.99 70.7 48.79

10 Sonitpur (SH 45) 54.96 64.47 44.99 _ ..............


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EA & SAfor Assam State Roads Project PWD, Government of Assam

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVIlMBIlR, 2011

3.2.2 Livelihood and Economic Activities

More than 80% of the STs in the project area earn their livelihood through agriculture. They undertake cultivation of both Ahu and Sali rice along with some pulses, mustard seeds and jute. They also collect forest products like herbs, firewood, bamboo etc to meet their daily requirement. Handloom, textile and small scale cottage industries are their other sources of income. The men are experts in cane and bamboo crafts and they make various household items. The women are experts in both spinning and weaving.

With changing time, the tribal people are now engaging in non agricultural activities like household industries, construction work, trade and commerce, transport and government services.

3.2.3 Main Tribes in the Project Districts

In the districts of Barpeta, Bongaigaon, Jorhat and Sonitpur Bodo-Kacharis are the main tribes (Table 3-4) Rabhas, Hajongs, Bodo-Kacharis and Garos constitute the ST population of Goalpara. Nagaon and Marigaon districts have STs belonging to the Tiwa tribe also called Lalungs.

Table 3-4: Main tribes along the project corridors

51. PAPs Belonging to Different Tribal Groups along the Corridors

NO. District Lalungl Miril Bodo Kachan

Tiwa Mising Hajong Garo

1 Goalpara (SH 46) ./ ./ ./ ./ ./

2 Barpeta (SH 2) ./ ./

3 Bongaigaon (SH 2) ./ ./

4 Nagaon (SH 3) ./

5 Morigaon (SH 3) ./

6 Jorhat (SH 31, 32) ./

7 Golaghat (SH 32) ./

8 Lakhimpur (SH 22, 42) ./

9 Dhemaji (SH 42) ./

10 Sonitpur (SH 45) ./ ./ ./

Source: LASA, 2011

3.3 PROFILE OF STs ALONG THE PROJECT CORRIDORS

An assessment of the socio economic profile of the ST PAPs has been done in the following sections. The analysis is based on data collected from sample socio economic survey of PAPs.

3.3.1 Population

A total of 61 ST households are impacted along all the ASRP road corridors (Table 3-5), with the highest concentration in SH 46 of 30 PAHs (49.2%) consisting of 76 PAPs followed by SH 3 with 19 (31.14%) PAH consisting of 102 PAPs. There are no ST PAHs along SH 42.

Table 3-5: ST PAHs along the project corridors

51. No Project Corridors Total PAHs Total PAPs Total Males Total Females 1 SH46 30 76 36 40 2 SH 2 2 4 3 1 3 SH3 19 102 57 45 4 SH 31 2 6 3 3

EA & SA for Assam State Roads Project PWD, Government of Assom

51. No Project Corridors 5 SH 32

6 SH 22 7 SH 42 8 SH 45

Total

Source: LASA. 2011

3.3.2 Age Profile

Total PAHs

6 Nil

61


Total PAPs Total Females 4 3

28 16 Nil Nil 8 5

228 113

Table 3-6 presents the age profile of the ST PAHs. Nearly 60% of them belong to the working age of 20-60 years.

Table 3-6: Age profile of ST PAPs along the project corridors 51. No Project Corridors 0- 20 20-40 40-60 60 & above

1 SH46 32.89 46.05 13.16 7.89 2 SH2 0 25.00 50.00 25.00

3 I SH 3 36.27 45.10 15.69 2.94 4 SH 31 33.33 33.33 - 33.33 5 SH 32 25.00 50 25.00 -6 SH22 35.71 39.29 25.00 -7 SH42 NIL NIL NIL NIL 8 SH45 37.50 25 12.5

Total 28.67 3 1.98 11.67

Source' LASA, 2011

3.3.3 Literacy

Literacy rate among the ST PAPs is well above the national average for STs. Female literacy is higher than the male literacy rates (Table 3-7).

Table 3-7: Literacy Rate among ST PAPs along the project corridors 51. No Project Corridors Total Literates % of literates % of Males I %of Females

1 SH 46 52 68.42 4f-t 67.63

2 SH 2 4 100 25

3 SH 3 84 82.35 52.38 47.62

4 SH 31 5 87.5 58.34 41.67

5 SH 32 4 100 25 75

6 SH 22 25 89.28 48 52

H-+ SH 42 Nil Nil Nil Nil

SH 45 6 7S 50 50 Total 180 82.51 45.16 54.85

Source: LASA. 2011

Family Type - Prevalence of joint and nuclear family type is equal (50% each) among the affected ST households.

3.3.4 Monthly Income

35% of the affected ST households earn less than Rs. 5000 per month (Table 3-8) and nearly 30% of them earn more than Rs 15,000 a month.

Table 3·8: Monthly incomes of the ST PAPs along the project corridors

81. No Corridor <5000 5000·10000 10000-15000 >20000

Income Levels

SH 46 26.67 16.67 16.67 50

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• 51. No Corridor

3 SH 3 H 31

5 SH 32

6 SH 22 7 SH42

8 SH45 Total

Source: LASA, 2011

<5000 26.32

50 100

42.86 Nil

100 35.12

3.3.6 Below Poverty Line (BPL)

5000-10000

26.32 -

--

Nil -

20.43


Income Levels 10000-15000 15000-20000

5.26 21.05 5.26 - - 50

- - -14.29 1 . .29

Nil Nil Nil

- - -5.17 13.14 17.08

50% of the ST PAHs fall below the poverty line1 along the various project roads as presented in Table 3-9.

Table 3-9: Percentage of BPL among ST PAPs along the project corridors

SI.No Corridor ST

1 SH46 40

2 SH2 a 3 SH3 74.51

4 SH 31 100

5 SH 32 a 6 SH 22 33.33 7 SH42 NIL

8 SH 45 100 Total 49.69

Source: LASA, 2011

3.3.6 Livelihood and Economic Activities

Out of the total only 36.49% (Table 3-10) of the ST PAPs constitute the working group. with 16% being involved in business and trade. Agriculture is not a common occupation among the STs along the corridors.

Table 3-10: Occupational pattern of the ST PAPs along the project corridors (in %)

SI. Agri. Non Agri. Business Govt. Private No No Labour Labour & Trade Service Service Occupation

1 1.32 9.21 19.74 1.32 0 60.53 a 50 a 25 a 25

0.98 0.98 19.61 3.92 a 74.51 a a 33.33 a a 66.67 a a 0 0 25 75

0 0 17.86 a 0 67.86

Nil Nil Nil Nil Nil Nil

a a 25 0 0 75

3.17 0.33 8.60 16.51 4.32 3.57 63.51

Source: LASA. 2011

lAs per the definition of the Planning Commission. the families whose consumption expenditure cannot satiSfy the minimum consumption level of 2400 kilo calories per capita per day in rural areas and 2100 kilo calories per capita per day in urban areas are below the poverty line. In the census survey carried out by the Consultants. the PAPs who holding a BPL ration card have been considered as BPL.

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4 PBOJECT IMPIITS OIIP's 4.1 INTRODUCTION

The land acquisition for the proposed project will follow provisions of LA Act 1894 (amended in 1984). All the PAPs available on the date of jOint verification will be eligible for entitlements in accordance with the R&R policy provisions. The list of entitled persons will be made available for verification in office of the Divisional Engineer (Highway), ASRP. Any further encroachment into the Corridor of Impact will be prevented through regular monitoring by Assistant Executive Engineers of the project in co-ordination with the Executive Engineer.

This chapter discusses the magnitude of land acquisition and the extent and magnitude of impacts due to the acquisition.

4.2 MAGNITUDE OF LAND ACQUISITION

The investigations and census surveys were conducted within 15.0m in the settlement areas and 24.0m to 30.0 in rural areas, i.e. area required for construction and additional 2.0m from toe line for utilities.

The total land to be acquired for the stage-1 roads of the project is 42.32 ha of which 0.603 ha belongs to the STs. The land to be acquired has been classified according to its present use into commercial, residential and agriculture/dry lands (Table 4-1).

Table 4-1: Acquisition of land belonging to 5Ts

51. No. Type of land Area to be Acquired (Ha) In%

1 Agricultural 0.298 49.42 2 Residential 0.228 37.81 3 Commercial 0.009 1.49 4 Others 0.068 11.28

Total 0.603 100

Source: LASA, 2011

4.3 EXTENT OF RESETTLEMENT AND REHABILITATION

4.3.1 Extent of impact on agricultural land

The proposed project improvements involve acquisition of 15 agriculture land parcels belonging to the STs. The impact of acquisition is minor on all the 15 parcels. The corridor wise detail of number of ST PAHs losing agricultural land is shown in Table 4-2.

Table 4-2: No. of impacted agricultural land parcels of ST PAPs 51. No Corridor No of Parcels Minor Impact

1 SH46 10 10 2 SH 2 0 0 3 SH 3 1 1 4 SH 31 0 0 5 SH 32 0 0 6 SH 22 4 4 7 SH 42 0 0 8 SH45 0 0

Total 15 15

Source: LASA, 2011

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I



4.3.2 Extent of impact on structures

A total of 61 ST HHs will lose structures, including shops and houses (Table 4-3). Out of the total, minor impacted2 structures are 54 and only 7 structures will have major impacts.

Table 4·3: No. of impacted structures of ST PAPs

SI. No Corridor Impacted structures

No of units Minor Impact Major impact 1 SH 46 30 26 4 2 SH 2 2 2 0 3 SH 3 19 16 3 4 SH 31 2 0 2 5 SH 32 1 0 1 6 SH 22 6 6 0 7 SH42 NIL NIL NIL 8 SH45 1 1 0

Total 61 54 7 Source: LASA, 2011

4.3.3 Ownership of properties

Out of the 61 structures that are likely to be impacted 37 structures are commercial, 21 are residential and 1 is a mixed structure. 37 are owners, 15 are squatters, 7 are tenants and 2 are other type (leased and mortgaged properties) of owners (Table 4-4).

Table 4·4: Ownership of the impacted properties

Type of Property Users and I act Grand

Type of Structure Owner Total Partial Full Total Partial Total

Commercial 16 3 19 7 11 39 Residential 18 0 18 3 3 21 Mixed (Comm + Res) 0 0 0 0

Total 34 3 37 11 4 15 61

Source: LASA, 2011

Out of the 39 commercial structures 19 are owners, 16 of which are subject to minor impacts and 3 with major impacts. Out of the 21 residential structures, 18 are owners and 3 are squatters with major impacts. There are no residential tenants. 1 is a mixed (residential cum commercial) squatter subject to minor impacts.

2 Any structure or land is considered to suffer major impact if loss to the existing land holding size or building is more than 25 % and minor impact if loss to it is less than 25%.

5 RESmtElIIEIIT liD R EHlBIUTITI III IF IPs The entitlement matrix formulated for ASRP identifies all ST PAHs as vulnerable groups. All ST PAHs shall be entitled to additional assistances for vulnerable groups in addition to compensation at replacement costs for lost assets and structures.

This chapter presents the entitlement provisions for the various impact categories identified in ASRP. Additional provisions under each of these impact categories have been designed to support vulnerable groups including ST PAHs. The entitlements for the vulnerable groups have been highlighted for each of the impacted categories in the Table 5-1 below.

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fA & SA for Assam State Roods Project PWD, Gover'nment of Assam

SI.No. Category

1A Private Property


"---------------.~--.-""'-,-"'"--"""-,,-.----""""""-""-,

Table 5-1: Entitlement Matrix for Assam State Roads Project (ASRP)

Type of Loss Unit of Entitlement

AOnClJlIlJral Land and I Titleholder/owner

Entitlement

Compensation by land for land (if land is available) or Compensation at "replacement cost" or "actual market value".

nensation at

Details

Impact Category: Losing Less than 25% of the total holding and remaining land is economically viable.

1. If the replacement cost is more than the compensation, as determined by the Competent Authority, then the difference is to be paid by the project in the form of "assistance".

2. The Project Affected Families (AF3 ) will be

offered an ex-gratia amount of Rs. 10,000 per family"

Impact Category: Losing more than 25% of the total holding or even less but remaining land holding is economically unviable.

If the residual plot(s) is (are) not viable, following options will be given to the Entitled Person (EP).

3. The EP keeps the remaining land and the compensation and assistance is paid to the EP for the land to be acquired.

4. Compensation and "assistance" are given for the entire plot including residual plot, if the owner of such land wishes that the project authority should also acquire his residual plot. The project authority will acquire the residual plot so paid.

5. Land for land shall be the first option offered to EP, prior to payment of cash

If land for land is not possible, and Rehabilitation Officer

of request from the help oustees nllrf'h"""

to be and wife as

3 "affected family" means a family whose place of residence or other properties or source of livelihood are substantially affected by the process of acquisition of land for a project or otherwise, and who has been residing continuously for a period of not less then three years preceding the date of declaration of the affected zone or practicing any trade, occupation or vocation continuously for a period of not less than three years in the affected zone; preceding the date of declaration of the affected zone;

---"-.--~-.--.. -----~~ .. --~.

I c::..ll(~ ... ~ L!:::I ~ 0 t

._._ ... "_.",----_.",, .. _-_ ... - -------," ... " .... _ ......... ". ----5-2

Ii'A & SA for Assam State Roads Project PWD, Government of Assam

INDIGENOUS PEOPL.ES DEVELOPMENT PLAN NOVEMBER,2011

-----,---------------------"~,--,----,--------~

SI.No.

18

Category

Private Property

Type of Loss

Land and assets (non-agricultural)residential

of Entitlement

Titleholderlowner

Entitlement

Compensation by house for plot (if land is available) or Compensation at

Compensation at "replacement cost"

4 "Minimum Agricultural Wages fixed by Labour and Employment Department, Assam"

Details

provisions of Revenue Laws in force.

R&R Asslstances 6. All fees, taxes and other charges, as

applicable under the relevant laws, incurred in the relocation and resource establishment, are to be borne by the project.

7. Training for skill upgradation of eligible EPs

8. In case of allotment of wastelandldegraded land in lieu of acquired land, each land owner shall get a one·time financial assistance of Rs.15000/- per hectare for land development.

9. In case of allotment of agricultural land, a one-time financial assistance of Rs.10000/per AF for agricultural production shall be given.

Vulnerable EPs Apart from above, shall be entitled for:

10. Each affected EP family, which Involuntarily displaced shall get a monthly subsistence allowance equivalent to 25 days minimum agricultural wages4 per month for a period of 9 months from the date of displacement.

11. Affected families who have not been provided agriculture land or employment shall be entitled for rehabilitation grant equivalent to 350 days minimum agricultural wages.

Preferred employment with the contractor In the category of unskilled workmen subject to fulfilling the requisite criteria I qualification Impact Category: Loss of structure less than 25% of the total size of the structure and structure remains viable 1. EP will be provided replacement cost of the

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51. No. Category Type of Loss Unit of Entitlement

"replacement cost" or "actual market value".

Entitlement

INDIGENOUS PEOPI.ES OEVnOPMENT PLAN NOVEMBER,2011

Details

residential structure (part or full), which will be calculated as per the prevailing basic schedule of rates without depreciation, subject to relevant "quality standards" of Basic Schedule of Rate (BSR) as maintained by PWD, Gov!. of Assam.

2. Compensation for the loss of residential land will be paid at replacement value

3. If replacement cost is more than the compensation (as determined by the Competent Authority), then the difference is to be paid by the project in the form of "assistance".

4. Right to salvage materials from the demolished structure.

5. The Project AF will be offered an ex-gratia amount of Rs. 10,000 per family.

R&R Assistance

6. Shifting allowance of Rs. 10,000

Impact Category: Loss of structure more than 25% or even less but remaining structure becomes un viable Apart from enti!lements as described above, such EPs will also be entitled for

7. A plot of 25 sq. m in urban areas and 50 sq. m in rural areas will be provided free of cost to vulnerable EPs and those who become shelter less.

8. Transitional allowance @ Rs. 2000 for a period of 3 months.

9: In:'case of self·relocatl'onofAFs below poverty line, reseHleltrellf",:t4llsistance eqlJlv'aICiin~ .to .• the diffet~nc~ Ili!!tWeen the Govemtrillflt!'bf,dndla',«;OIj"l'1orm . for Economically Weakerr'?;l~§'~dbn flEWS) hous'lng (maximum of Rs. 25,000/-) and the 'r~placement Value. receh,e~shall be provfded.lf:thedlfference Is 'more; than Rs.250M It wUl be paid as compensatIon.

5-4

EA & SA Jilr Assam State Roads Project PWD, Government of Assam

51. No. Category

1C Private Property

~~t

Type of Loss

Land and assets (non-agricultural)

Unit of Entitlement

Titleholder I owner: Commercial

Entitlement

Compensation at "replacement cost"

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER, 201 1

Details

10. Each affected EP family, which involuntarily displaced shall get a monthly subsistence allowance equivalent to 25 '. ~ays minimum agricultural wages per .rno'nthfora period of nine months from ;the date of displacement.

Preferred employment with the contractor in the category of unskilled workmen subject to fulfilling the requisite criteria / qualification. Absentee landlords will receive only the compensation at "replacement cost". Impact Category: Loss of structure less than 25% of the total size of the structure and structure remains viable 1. EP will be provided replacement cost of the

commercial structure (part or full). which will be calculated as per the prevailing BSR without depreciation, subject to relevant

standards" of BSR as maintained by Govt. of Assam.

2. Compensation for the loss of commercial land will be paid at replacement value

3. If replacement cost is more than the compensation (as determined by the Competent Authority), then the difference is to be paid by the project in the form of "assistance".

4. Right to salvage materials from the demolished structure.

5. The Project AF will be offered an ex-gratia amount of Rs. 10,000 per family"

R&R Assistance

S. Shifting allowance of Rs. 10,000

7. Rehabilitation grant equivalent to 350 days minimum agricultural wages as prescribed by State Planning Commission

Impact Category: Loss of structure more than 25% or even less but remaining structure

5-5

fA & SA for Assam State Roads Project

PWD, Government of Assam

SI. No. Category

ID Private Property

LEIi ;,

Type of Loss

Non-agricultural land and assets

Unit of Entitlement

Tenant: Residential

Entitlement


Details

becomes unviable Apart from entitlements as described above, such EPs will also be entilled for 8. Training for skill upgradation for eligible EPs

Vulnerable EPs

Apart from above shall also be entilled for:

9. Each affected EP family, which involuntarily displaced shall get a monthly, subsistence allowance equivalent to 25 days minimum agricultural wages per month for a period of nine months from the date of displacement.

10. Rehabilitation grant equivalent to 350 days minimum agricultural wages

11. Each affected person who is a rural artisan, small trader or self employed person and who has been displaced shall get one time assistance of Rs 25000/- for construction of working shedlshop

12. A plot of 15 sq. m in urban areas and 35 sq. m in rural areas will be provided free of cost to vulnerable EPs and landless provided gov1. land should be available.

Preferred employment with the contractor in the category of unskilled workmen subject to fulfilling the requisite criteria / qualification

Absentee landlords will receive only the compensation at "replacement cost". 1. The amount of deposit or advance payment

paid by the tenant to the landlord or the remaining amount at the time of expropriation. (This will be deducted from the payment to the landlord).

2. Compensation for any structure the tenant has erected on the property. (This will be deducted from the payment to the landlord).

3. Notice period for 3 months and Rental allowance of Rs. 1500 per month for a

5-6

EA &. SA for Assam State Roads Project PWD, Government of Assam ----~~~----

SI.No. Category

1E Private Property

1F Private Property

Type of Loss

Non-agricultural land and assets

Agriculture land and other assets

Unit of Entitlement

Tenant: Commercial

Unclear titleS

Entitlement

Compensation at replacement cost

INDIGENOUS PEOPI.ES DEVELOPMENT PLAN NOVEMBER,2011

Details

period of 3 months.

1. The amount of deposit or advance payment paid by the tenant to the landlord or the remammg amount at the time of expropriation. (This will be deducted from the payment to the landlord).

2. Compensation for any structure the tenant has erected on the property. (This will be deducted from the payment to the landlord).

3. Notice period for 3 months and Rental allowance of Rs. 1500 per month for a period of 3 months.

Vulnerable EPs 4. Each affected family, which involuntarily

displaced shall get a monthly, subsistence allowance equivalent to 25 days minimum agricultural wages per month for a period of one year from the date of displacement.

Loss of land I structure: 1. Compensation at replacement value for land

/ structure.

R&R assistance 2. Shifting allowance of Rs. 10,000 3. Right to salvage demolished material

Vulnerable EPs 4. Each affected EP family, which involuntarily

displaced shall get a monthly, subsistence allowance equivalent to 25 days minimum agricultural wages for a period of nine months from the date of displacement.

5. Rehabilitation grant equivalent to 350 days minimum agricultural wages

5 It includes: want of clearness of definiteness of title records (ambiguous title); titles that are the subject of litigation, for example, encroachment under dispute (disputed title); land purchase under breach of faith, for example an acquired land resold (defective title); title, validity of which there exists some doubt, i.e., apportionment of compensation under section 11A (doubtful title); where some defect of SUbstantial character exists and facts are known that fairly raise reasonable doubt as to title (unmarketable title); wanting in some legal sanction or effectiveness, as in speaking of imperfect "obligation", "ownership", "rights title", "usufruct" (imperfect title); one that conveys no property to the purchaser of the estate (bad title); title, which is of the very lowest order, that arises out of the mere occupation or simple possession of property, without any apparent right or any pretence of right. to hold and continue such possession (presumptive title); and the right, which a possessor acquires, to property by reason of his adverse possession during a period of time fixed by law (title by prescription). People having presumptive title or title by prescription are treated as encroachers or squatters under the State Encroachment Act

5-7

EA & SA for Assam State Ronds Project PWD, Govemment of Assom

SI. No. Category

2A livelihood

2B

I ~(~ ., L.fd----~~ t


Wage earning Individual

Non-perennial crops Household

INDlGENOllS PEOPI.ES DEVELOPMENT PLAN NOVEMIlER,2011

________________ ""_"""_" __ ._"" •• ""."""_. __ ~_~._.""w._w.w_,., ____ ," .. _"" __ "~_,.~_~w~, ____ _

Income Restoration

Compensation and Assistance

Entitlement

Lump sum

Notice to harvest standing crops

Details

6. for skill for EPs

Employment in the project in the category of skilled I semi skilled I unskilled workmen subject to fulfilling the requisite criteria I qualification

Impact Category; Loss of income due to acquisition of agriculture land where the person was working as agriculture labour or

etc or due to acquisition of "'>I""""'rt"i,,/ establishment where the person was engaged as working hand, 1.. Rehabilitation grant equivalent to 350 days

minimum agricultural wages 2, Training for skill upgradation for eligible EPs 3, Each affected EP family, which involuntarily

displaced shall get a monthly, subsistence allowance equivalent to 25 days minimum

wages per month for a period of months from the date of displacement.

4. Each affected person who is a rural artisan, small trader or self-employed person shall get a one-time financial assistance of RS.15,000/- for construction of working shed/shop

5. Employment to affected persons who lose their employment due to the project, subject to availability of vacancies and suitability of the affected person for the employment (will apply only to the extent of one person per nuclear family of adult husband/wife and their minor children);

6, Preference to willing landless labourers and unemployed affected persons while engaging labourers in the project during the construction phase,

7. Affected families who have not been provided agriculture land or employment shall be entitled for to rehabilitation grant equivalent to 350 days minimum agricultural wages

1. They will be given a notice of 4 months in advance.

2. Grant towards crop lost before harvest due to forced relocation, equal to market value of

.~ _____ ..•..•. _. ___ ~._ •. _._w __ ...

5-8

Ii'A & SA for Assam State Roads Project


SI.No. Unit of Entitlement Type of Loss r-----~------~~--~~ ......... .

2C

3A

3B

3C

3D

4A

Illegal use of RoW

Additional support to vulnerable groups

Perennial crops such I Household as fruit trees

Encroachers Household

Squatters Household

Household as fruit trees

Mobile and I Household ambulatory vendors I

Household

Compensation

Assistance

Compensation

Assistance

Entitlement

Compensation at "replacement value"

Will receive no compensation for land but assistance for assets to the vulnerable

Will receive no compensation for land but assistance for assets.

Compensation at "replacement value"

No compensation but assistance for shifting.

INDIGENOUS PEOPLES DEVEl.OPMENT PUN NOVEMBER,2011

Details

cost of replacement of seeds season's harvest.

1. Compensation for perennial as annual

multiplied by remaining life

1. Encroachers will be notified in time in which to remove their assets (except trees)

and harvest their crops. 2. Right to salvage materials from the

demolished structure. For vulnerable EPs Apart from above, shall be entitled for 3. Transitional allowance of Rs. 2,000 per

month for a period of 6 months 1. Compensation for loss of structure at

replacement cost. 2. Right to salvage materials from the

demolished structure 3. Shifting assistance of Rs. 10,000 for each

displaced family.

For vulnerable EPs Apart from above vulnerable EPs will be entitled for:

4. Transitional allowance of Rs. 2.000 for a period of 6 months

5. Training for 1. Co

cal multi

1. Shifting allowance of Rs. 10,000.

1. Each affected family of Schedule Tribe (ST) followed by Scheduled Caste (SC) categories shall be given preference in allotment of land-for-Iand, provided government land should be available.

2. Each ST AF shall get an additional onetime financial assistance equivalent to 500 davs minimum aaricultural waaes for

5-9

EA & SA/or Assam State Roads Project PWD, Government of Assam ~,~~~--------

SI. No.

5A

Category

Community Infrastructure, cohesion and amenities

~~~

Type of Loss

Common property resources

Unit of Entitlement

Community

Entitlement

ReplacemenVRelocation/ Enhancement

Conservation, protection, compensatory replacement


Details

loss of customary rights/usages of forest produce.

3. ST AFs will be re-settled in the same Schedule Area in a compact block so that they can retain their ethnic, linguistic and cultural identity. Provided government land should be available.

4. Settlements predominantly inhabited by tribals shall get land free of cost for community and religious gatherings.

5. Tribal land alienated in violation of the laws and regulations in force on the subject would be treated as null and void. R&R benefits would be available only to the original tribal land owner.

S. Tribal and Scheduled Caste AFs enjoying reservation benefits in the affected zone shall be entitled to get the reservation benefits at the resettlement zone.

7. Each AF of Below Poverty Level (BPL) category shall get one- time financial assistance of Rs 25,000 for construction of Assam Type house.

1. Easily replaced resources, such as cultural properties will be conserved (by means of speCial protection, relocation, replacement, etc.) in consultation with the community.

2. Loss of access to firewood, etc. will be compensated by involving the communities in a social forestry scheme, in co-ordination with the Department of Forests, wherever possible.

3. Adequate safety measures, particularly for pedestrians and children (for details refer to safety planning section in Project's Design Document);

4. Landscaping of community common areas; improved drainage; roadside rest areas, etc. are all provided in the design of the highways.

5. Employment opportunities in the .

6.

ing construction phase for able-bodied viduals, if possible.

Loss of trees will

5-10

EA & SA for Assam State Roads Project


SI. No. Category

SA Any other impact not yet identified, whether loss of asset or livelihood

~"t


INDIGENOUS PEOPl.ES DEVEI.OPMENT Pl.AN NOVEMBER,2011

~~' ___ ~ __ ~~_' ___ '_'''' __ " ___ ~Y,~ •• ,_".~._._''~ ___ ~YNm.~ ~~ ____ ~,~~

Entitlement Details

to Environmental Management Plan, EMP). 7. The common property resources and the

community infrastructure shall be relocated in consultation with the community/Gram Panchayat.

Included as part of the civil works contract and the environmental management plan. 1. Unforeseen impacts will be documented and

mitigated based on the principles agreed upon in this policy framework. For e.g., loss of access to agriculture field during construction stage.

5-11

8 IIIDIIEIIOIS PEOPLES DEVELOPMEIIT PlIII The present chapter discusses the existing institutional arrangements in the state for welfare of tribal communities and for ASRP for addressing the issues related to R & R of ST communities. It also presents the proposed mechanisms for the implementation of the IPDP.

6.1 EXISTING INSTITUTIONAL ARRANGEMENT FOR TRIBAL WELFARE

The Department of Welfare of Plains Tribes and Backward Classes (WPT & BC) is the nodal department for formulation and implementation of policies and programmes for welfare and development of the STs, SCs and Other Backward Classes (OBCs) in the state. The department is responsible for implementation of Tribal Sub Plan, components of the State Annual Plan and central and state Government funded programmes for the welfare of ST/SC/OBC in the state.

6.1.1 Organizational Structure ofWPT & Be

The minister for Department of WPT & BC is the Head of the Department, who provides policy direction to the department. The administrative head of the department is the Commissioner and Secretary to GoA, who is a senior Officer from the lAS cadre. The other officers in the department are Secretary, Joint Secretary(s), Deputy Secretary(s) to the GoA, Under Secretary(s) and superintendent and senior and junior administrative assistants. It also has a Planning Cell headed by the Joint Director, who is assisted by planning officer, research officer and assistant research officers and branch assistants. There are following organizations under the department:

(a) Directorates

• The Directorate for the Welfare of Plain Tribes and Backward Classes;

• The Directorate for the Welfare of Scheduled Castes; and

• The Directorate of Tribal Research Institute.

(b) Corporations/Authority

• The Assam Plain Tribes Development Corporation Ltd.

• The Assam State Development Corporation for Other Backward Classes Ltd.

• The Assam State Development Corporation for Scheduled Castes Ltd.

• The Assam Tribal Development Authority.

(c) Tribal Autonomous Councils

• Bodoland Territorial Council (BTC)

• Mising Autonomous Council(MAC)

• Rabha Hasong Autonomous Council (RHAC)

• Tiwa Autonomous Council (TAG)

• Deori Autonomous Council (DAC)

• Thengal Kachari Autonomous Council (TKAC)

• Sonowal Kachari Autonomous Council (SKAC)

The flow diagram below shows the organisation structure of the Department of WPT and BCs.

6-1

E'A & SA for Assam State Roads Project PWD, Government of Assam

, 1 ____________ _

Note: P.O. R.O. A.RO.

RA SJ."$OWO

[TDP

; PlanningOffker ; Re~earch Officer : Assistant Research Officer

: Research Assistant : Sub~lnspector of Statistics Sub~Oivisional Welfare Offker

: Integrated Tribal

Development Project


-------T-----------------.---------------.--------,

WPT & Be : Welfare of Plan Tribes and Backward Classes

WSC : Welfare of Scheduled Tribes

AIR,T & SC : The Assam Institute of fl:esearch for Trfbal and Schedule Caste

APTDC : The Assam Plain Tribes Development Corporation ltd,

ASOC (OSCI The Assam State Development

ASDC{SC; CorporatiQn fQr aBC ltd.

; The Assam State DevelQpment Corporation for SC ltd,

BTC MAC RHAC TAC DAC TAkC SkAC BVHTDC

. Bodoland Territorial Council

Mishing Autonomous Council . Rabha Ha5angAutonomous Council

: Tiwa Autonomous Council : Deori Autonomous Counci' : Thengal Kachafi Autonomous Counc!1 : $onawa! Kacharf Autonomous Council : Barak Bailey Hill Tribes Development

CQund!

Figure 6-1: Organizational Set Up of the Department for WPT & BCs

6.1.2 Existing Schemes for ST PAPs

The various skill development and financial assistance programmes for the ST communities and individuals by the GoA and Gol are discussed below_

6-2



Family oriented income generating scheme under SCA to TSP: This scheme is implemented under the WPT & BC and APTDC to cover the BPL ST (Plains) families of the state. In this scheme under the WPT & BC inputs like tractor, pick up van, financial assistance of Rs 10000 to individual beneficiary are provided for their income generation as well as for self employment. This scheme is implemented not only to generate income but also to create self employment among the ST people with an aim to remove poverty. Fund is provided by the Government of India as 100% grant in aid as SCA for the implementation of this scheme in the state. The scheme is implemented through the ITDP's SDWO's. This scheme under the APTDC provides financial assistance to the beneficiaries.

Anti poverty simple economic assistance scheme (APSEA): This scheme was first implemented by the APTDC during the year 1995-96 for the benefit of the poorest of the poor of the tribal people. Under the programme the schematic amount shallshall not exceed Rs. 6000 and 75% subsidy and 25% loan is given under this scheme.

Term loan scheme: The term loan is extended to ST (P) educated unemployed youth living below or double the poverty line at low rate of interest without subsidy. APTDC functions as agent of National Scheduled Tribes Finance and Development Corporation (NSTFDC), Govt. of India undertaking.

Micro credit finance: This is implemented with the Financial Assistance of the National Scheduled Tribes Finance and Development Corporation (NSTFDC).

Minor forest product scheme: Funds are released by the Ministry of Tribal Affairs, Govt. of India as Grant-in-Aid for Minor Forest Produce operation schemes by APTDC Ltd.

Coaching and Allied Scheme for ST (P): This is a centrally sponsored scheme on 50:50 cost sharing basis between the state and the central Government. This scheme aims to provide coaching facilities to ST (P) students who are going to appear in all India level competitive examinations. The total budget allocation for the 2005-06 was Rs. 6.00 lakhs. The coaching of the ST (P) candidates is provided by the Assam Administrative Staff College.

Book bank for medical, engineering and agriculture etc.: ST students studying in various technical institutions are provided books under this scheme. This is a centrally sponsored scheme on 50:50 cost sharing basis between Gol and GoA. The budget allocation for 2005-06 was Rs. 6.00 lakhs under the scheme.

Construction of boys and girls hostel: This is a centrally sponsored scheme on 50:50 cost sharing basis between Gol and GoA for construction of boys and girls hostels in different schools and colleges. The budget allocation for 2005-06 was RS.75.00 lakhs under the scheme.

Vocational training center: This is a central sector scheme implemented through A TDA. Centers are set up for imparting vocational training for skill development. The budget allocation for 2005-06 was Rs. 200.00 lakhs. There are 26 vocational training centres in the various districts of the Assam.

Stipend for craftsmen training: This is a state sponsored scheme and stipend is given to the students undergoing training in the various ITls of Assam. The total buqget allocation for the 2005-06 was Rs. 3.00 lakhs. Under the scheme 56 tribal students were provided stipend during the year in various ITls of the state.

Upgradation of merit for ST (P) students: It is a central sector scheme with the basic aim to upgrade the merit of the students of ST communities through coaching to enable them to take advantage of the better education opportunities.

6-3



6.2 IMPLEMENTATION ARRANGEMENTS FOR IPDP

6.2.1 Social management cell (SMC)

The SMC has been proposed based on the needs of manpower required at the PIU level for undertaking activities related to land acquisition, R&R and implementation of RAP and IPDP.

The cell will be headed by the chief engineer. He will oversee all the activities related to land acquisition for the project, R&R implementation, and RAP implementation. A SMC has been constituted by the Government of Assam by order (No.RBEB.193/200B/1B dated 2ih April 2011-(refer Annexure 6-1). The cell consists of 4 assistant engineers, 1 junior engineer and 1 consultant (retired from revenue department). The staff are already placed in the PIU. The executive engineer will act as the Nodal Officer for the cell and is responsible to co-ordinate with SMC members other line departments and internal staff of ASRP. An R&R specialist will be procured from outside government agencies. He will provide necessary support to ASRP in land acquisition activities. The officials of SMC will interact with the divisional level staff for the coordination with the revenue officials for land acquisition and resettlement activities.

6.2.2 R&R implementation cell

The PIU is responsible for implementing the IPDP. To accelerate the implementation of the project, a State Level R&R and District Level R&R Cell have been constituted. These Cells are entrusted the responsibilities of looking after the implementation of IPDP. The structure of the State R&R Cell and District R&R Cell are proposed as suggested in ASRRR policy.

State R&R cell

The PWD will have one State Level R&R Cell with Commissioner PWD as the Chairman and CE PWD as Member Secretary. The other members will be Director of Land and Revenue, Representatives of Revenue, Relief & Rehabilitation, P&D and Finance Departments. The state R&R cell review meeting will be undertaken every three months. The additional meeting will be held as and when considered to be conducted by the Commissioner PWD.

The main function of the State R&R Cell will be:

• To monitor timely acquisition of land for any road projecUscheme activities.

• To monitor the plan to achieve the objectives of the R&R policy; • To provide adequate budget for the cost of LA and RAP; and • To suggest changes in the Policy on the basis of the independent evaluation carried out every three

years.

District R&R cell

At district level, the Deputy Commissioner (DC) will head the District R&R Cell; an officer of the rank of an Additional Deputy Commissioner will be deputed from the Revenue Department to coordinate the implementation activities related to land acquisition in the District R&R cell supported by EE (PWD-.Project). Apart from the internal staff of the PIU, the District R&R cell will be staffed with officials deputed from various line agencies like Revenue Department, Rural Development etc. and NGO's. A regular monthly meeting will be held at the district level for reviewing the activities of land acquisition and other activities specified in RAP.

The major responsibilities of the District R&R cell include.

• Acquisition of land required for the project, including carrying out negotiations with the affected landowners;

6-4



• Assessment of the replacement value of the affected properties;

• Carrying out the necessary surveys and the implementation of RAP;

• Supervising and monitoring implementation of the RAP; and

• Apprising the state level R&R cell at every stage

The State and the District R&R cells will be responsible for the co-ordination and liaison with various agencies at the district and state level for facilitating the land acquisition, shifting of utilities, disbursement of compensation and assistance to the PAPs!PAFs.

NGO in R&R implementation

The NGO will ensure that the due benefits flow to the ST PAPs in the most effective and transparent manner. The success of the NGO inputs will largely depend on their liaison with the PAPs and other concerned government agencies involved in IPDP implementation. Other involved agencies are expected to collaborate with the Project, based on instructions from the PWD, in accordance with the policy framework, These arrangements have to be made during the first month of project implementation in order to set up the various committees and implementation mechanisms required for the project. The role of NGO will be of a facilitator. The NGO will work as an interface between the PWD and the ST community. They will train! orient the ST community on planning, formulation, preparation and execution of annual action plan.

The ToR of the NGO's for implementation of R&R has been given in Annexure 6-2 and includes the following activities:

• Assist the SMC in implementation of IPDP for the project;

• Develop rapport with the STs; • Identify and strengthen existing social organizations among ST community;

• Identify appropriate indigenous technology; • Help forming community based organizations including Women SHGs;

• Train / Orient ST community to prepare Village Action Plan;

• Strengthen the role and status of women; • Involve gram sabha /panchayat in the implementation of IPDP so that community as a whole could

participate;

• Help in formulation of participative system of monitoring and evaluation of IPDP;

• Assist ST households in getting benefits from various government ST speCific and non ST development programs;

• Train the STs, if necessary, in acquiring literacy and income-generation related schemes;

• Provide appropriate field staff; and • Any other responsibility that may be assigned by the ASRP for the welfare of the affected communities.

Selection of NGO: It is extremely important for successful implementation of RAP to select a genuine and capable NGO committed to the tasks assigned. Key quality criteria include:

• Experience in direct implementation of programs in local, similar and/or neighboring districts;

• Availability of trained staff capable of including ST community into their programs;

• Competence, transparency and accountability based on neutral evaluations, internal reports, and audited accounts; and

• Integrity to represent vulnerable groups against abuses; experience in representing vulnerable groups, demonstrable mandate to represent local groups.

• have a clearer understanding to gender and poverty relations within the community and have the ability to pay particular attention to the social and economic needs of women and tribes.

The NGO will be involved through mutually agreed terms and conditions with specific responsibilities and in-built accountability. A contract will be signed with the NGO indicating the tasks to be performed and the amount to be paid for their services. The payment to the NGO will

6-5

!

£A & SA for Assam State Roads Project PWD, Government of Assam

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER, ZOl1

be linked to performance of the tasks assigned and the time period. Their payment will be arranged as given in the ToR in Annexure 6-2. The NGO will submit a monthly progress report. The monitoring and evaluation will also include the performance of the contracted NGO. The activities to be undertaken and the milestones for the NGOs have been presented in Table 6-1.

Table 6-1: Activities to be undertaken by the NGO ~

Payment as per Scope of the work Activities to be undertaken by NGO Milestone ToR (% of Contract

Value)

Develop rapport with the • Identify the ST PAPs and establish Submission of First Stage - 5%

ST community contact with the head of the HH. Inception Report

• Interact with the elected members of On completion of Identify and strengthen the ST community; verification &

existing social Identify the functioning SHGs; and

consultation exercise organizations among ST • and submission of Second stage 15 %

community • Interact with the elected updated data on PAPs representatives at the village, block and review of the same and district levels. by client.

• Identify various livelihood support Identify appropriate activities for the ST community; and

indigenous technology • Document the activities to be

developed.

Involve Gram Sabha • Undertake interaction with the village Panchayat for implementation of the

/Panchayat in the IPDP; and On submission of Micro

implementation of IPDP Level Plans Third stage 15 %

so that community as a • Identify government schemes

whole could participate. available under each ST Panchayats and help the PAPs get the benefits.

Help in formulation of • Developed monitoring formats for

participative system of monitoring and

each sub activities as part of the sub-

evaluation of IPDP plans.

• Identify interested ST women for i Help forming community forming SHGs; On substantial

based organizations • Register the SHGs; and completion of Fourth stage - 10% including Women SHGs • Help them in getting financial Relocation Process

assistance for banks.

• Arrange for community level meetings

Train / Orient ST for preparing the village/community

community to prepare level action plan;

Village Action Plan • Identify the community heads for interaction with the community; and

• Prepare the action plan with the help of the community.

On completion of Strengthen the role and • Representation of the women in all Fifth stage 10%

status of women community level activities. Relocation Process

• Identify the state and central Assist ST households in Government schemes for the ST

getting benefits from development; various government ST

• Identify schemes for housing; and • speCific and non ST ~:Iopment programs; Community based schemes for ST · community

Train the tribes, if • Identify the eligible PAPs for skill On completion of Sixth stage - 15 %

necessary, in acquiring development training; Rehabilitation Process literacy and income- • Identify the training institute willing to generation related provide training for the PAPS;

I

schemes Get the approval of the PIU for funds; Seventh stage - 30 • and %

• Monitor regular participation of the I



Scope of the work Activities to be undertaken by NGO Milestone Payment as per I

ToR ('Yo of Contract I

Value) PAPS in the training programme.

• Submit the training completion report to the PIU from the training institute. On submission of Final

Completion Report

6.3 SELF HELP GROUP AMONG ST WOMEN

The NGO selected for the implementation of R&R will initiate the process of identifying the interested ST women PAPs for forming the SHGs. The women SHGs will be formed among the PAPs as per the norms formulated by the Central/State Government/the financial institutions. The SHG will be formed among the ST PAPs from same village wherever possible. The places where the number of persons are less than the minimum number required for forming a group, they will be merged with nearest women group. The skill development programme and financial assistance will be distributed through the SHGs.

6.4 CONSULTATION STRATEGY

Consultations were specifically carried out with the ST families in order to understand their concerns and integrate them within the RAP apart from obtaining data related to extent of adverse impacts and loss of assets (through census survey). The consultation with the ST PAPs was carried at community and individual levels for identification of the ST PAPs and their issues by the consultant and PWD officials during the design stage.

Individual Consultation: The ST PAPs were consulted during the census survey. The details of the project and their impacts on their assets were informed to ST PAPs. The discussion was held in Assamese. The provisions of the RAP and IPDP entitlements were discussed. The PAPs were in support of the project and requested for adequate compensation for the loss of assets.

Community Consultation: The ST households along the project corridor are not concentrated in a particular area/village i.e., they do not live in a specified territory. It was therefore, ensured that the village level consultations carried out included representatives from the ST community, who could voice their concerns and issues. ST PAPs were consulted and briefed about the R&R policy and the entitlement packages. The corridor wise consultations and the number of participants belonging to ST community during the meeting are presented in below Table 6-2. During the consultation, there was no opposition from the participants belonging to the ST community. The participants welcomed the project. The consultation proceedings took place in local language Assamese.

Table 6-2: Community Level Consultation with ST PAHs

Date Corridor

Locations of the Consultation Numbers of ST Total Number

Name Participant of Participants 25-Jun-20 10 SH-3 Jamuguri Chariali, Nagaon and Morigaon 8 92

5-Jun-2010 SH-31 Sinamara 6 42

-Jun-2010 SH-32 Ghiladhari 4 24

30-May-2010 SH-46 Dudhnoi, Karbala and Dubapara 23 206

31-May-20 10 SH-2 Abhyapur and, Barpeta 8 63

27 -Oct-201 0 I SH-22 Gogamukh Auditorium 4 23

27-0ct-2010 SH-42 Dhakuakhana Dharmasala 0 52

4-Jun-2010 SH-45 Borpam and Itakhola 8 92

Total 61 594

6-7

!

!

I


INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER, ZOl1

Outcome of the consultations: Various levels of consultations and their outcome during the project preparation have been presented in Table 6-3.

Table 6-3: Outcome of the consultations

SI. No

2

3

4

Stake holders

Individual ST • Households •

•

Community • Level consultations •

Department of Welfare of Plains Tribes and Backward Classes

District Revenue officials

•

•

•

•

•

Issues discussed

Project impacts. Social and economic features of the households. Project entitlement.

Project details were discussed. The issues related to road development Identification of ST communities living areas. Understanding the existing institutional arrangements. On-going government programmes. The land ownership details ST Welfare programmes

Existing administrative system of ST areas

•

•

•

•

•

•

•

•

•

•

Outcome

Identification of tribes. impacted due to the project. The ST PAHs were informed about the project impacts. Availability of R&R policy, • IPDP and project impacts was intimated to the PAH. Compensation entitlement was informed to the PAPs. ST designated areas were identified. Design options were discussed. The suggestions and recommendation of the communities were taken into design considerations. The issues of ST community. Integrating the government schemes with the IPDP.

The land acquisition impacts on the ST community. Assistance to the ST community and individual tribes through various government programmes.

•

•

•

5 Consultation The details are given in Table 6-4 with ST Autonomous council

Consultation with the Councils:

Response to the project support from ST PAPs

The individual PAPs expressed the difficulties they are facing due to the poor road condition. They expressed the benefit of the project roads for better connectivity. There was no opposition expressed for the project. The ST PAPs and welcomed the project and insisted for the early implementation of the project.

Expressed their views about the project in the presence of the PWD officials and participants from other communities.

No opposition for the land acquisition. They asked for adequate compensation and timely disbursement of payment.

The project roads, SH-3, SH-46, SH-2, SH-22 and SH-42 are located within the ST Autonomous Councils. A consultation was held with the each of the council as part of the consultation process carried out for the preparation of the project and IPDP. The issues raised and the responses are presented below in Table 6-4. The council members expressed their complete support for the project and welcomed the improvement of the road.

6-8

• • • • • • • • • • • • • • • • • • • • • •

• • • •


Villages

Khara Part-I Khara Part-II Thekasu Part-I Thekasu Part-II Rakhyasini Pahar Paharsing Para Rakhyasini Goalpara Part-I Rakhyasini Jungle Block Rakhyasini Jhar Part-II Rakhyasini Part-I Rakhyasini Garopara Part-II Uportola Part-I Uportola Part-II Matia Garopara Makri Kharboja Pancharatna N.C. Pancharatna Pancharatna Sal Forest Kalyanpur Kalyanpur N.C. Matia Garopara Part-II

Aujari Dandua Jaluguti Satgaon

~~~~~

District

Goalpara

Morigaon and Nagaon

INDIGENOllS PEOPl.ES DEVEI.OPMENT PLAN NOVEMBER,2011

Table 6-4: Consultation with Tribal Councils -------

Council Name Persons Met Issues Raised by the council Responses

Rabha Hasong • Mr. Indra Mohan Das , • Rehabilitation and • Rehabilitation and resettlement Autonomous Principal Secretary resettlement of PAPs of all the PAPs will be done Council • Mr. Ranjit Rabha, Upper • Compensation at before the start of any civil

Division Assistant cum replacement cost for works. Accounts officer affected properties • Compensation will be given to

• Special assistance to the PAPs at replacement value.

PAPs losing livelihood • Provision for entitlement

• Minimisation of impacts assistance has been made in

on Uportola Saljhar the R & R document.

Reserved Forest • No forest land will be acquired

• Provision for parks along • Provision for landscaping will be the proposed alignment made wherever adequate space

• Construction of road side is available within the existing

amenities RoW.

• Adequate road safety · Provisions have been made in

measures to avoid the budget for construction of

accidents waiting sheds, electrical lamps,

Provision for regular side drains, foot paths in urban

• areas etc. maintenance of the road

• Road safety measures like Sign • Compensatory tree boards and speed breakers will

plantation be placed in all sensitive locations. Risk of accidents at sharp curves will be minimized by way of proper engineering design.

• There is provision for 5 years maintenance

• Compensatory tree plantation will be taken up immediately after the embankment compaction.

Tiwa • Mr. Rama Kanta Dewri, • Rehabilitation and • Rehabilitation and resettlement Autonomous Chief Executive Member reselllement of PAPs. of all the PAPs will be done Council • Mr. Madan Bordoloi, • Compensation at before the start of any civil

Executive Member replacement cost for works.

• Mr. Dimbeswar Bordoloi, affected properties. • Compensation will be given to

6-9

• • • • • • • • • • • • •

•

EA & SA for Assam State Roads Project PWD, Government oJ Assam

Villages

Borbhugia Jarabari Mikirgaon Barapujia Tanganabari Gandhibori Kuhibori Bhalukmari Dongial Jolmurgaon Bangthaigaon Kachamari Titachali.

The proposed alignment does not pass through any village under BTC. It will give benefits to the people of Chirang District under BTC, which has been carved out of Bongaigaon District.

~~;*

District Council Name Persons Met

Executive Member

• Mr. Saruj Konwar, Executive Member

• Mrs. Lalita Patar, Executive Member

• Mr. Bakul Dewri, Executive Member

• Mr. Dharmendra Bordoloi, Executive Member

• Mr. Biju Patar, Executive Member

• Mr. Jiban Konwar, Executive Member

• Mrs. Bijumoni Bordoloi, Executive Member

Bongaigaon Bodoland • Mr. Derhasat Basumatary, Territorial Executive Member of BTC Council • Mr. James Basumatary,

Executive Member of BTC

INDIGENOUS PEOPtES DEVELOPMENT PLAN NOVEMBER,2011

Issues Raised by the council Responses

• Tree cutting and the PAPs at replacement value. compensatory tree • Efforts will be made to save plantation. trees as far as possible and if

• Measures to avoid cutting of trees becomes adverse impact on unavoidable compensatory tree Pobitora Wild Life plantation will be taken up Sanctuary during immediately after embankment construction. compaction.

• Construction of road side • All necessary measures will be amenities taken to avoid any adverse

• Adequate road safety impact on the Wild Life measures to avoid Sanctuary. accidents' • Provisions have been made in

the budget for construction of waiting sheds, electrical lamps, side drains, foot paths in urban areas etc.

• Road safety measures like sign boards and speed breakers will be placed in all sensitive locations. Risk of accidents at sharp curves will be minimized by way of proper engineering deSign:

• Local community shall be • A series of consultation has informed about land been carried out with the local acquisition procedure community and all information

• Rehabilitation and regarding land acquisition resettlement of PAPs procedure has been

• Compensation at disseminated

replacement cost for • Rehabilitation and resettlement affected properties of all the PAPs will be done

• Tree cutting and before the start of any civil

compensatory tree works.

plantation • Compensation will be given to

• Construction of road side the PAPs at replacement value.

amenities • Efforts will be made to save

• Adequate road safety trees as far as possible and if

measures to avoid cutting of trees becomes

accidents unavoidable compensatory tree

6-10

• • • • • • • • • •


Villages

Gogamukh Karpumpalli-1 Karshang Nagar Amolapatty Pamua Lotak Bordoibali Morikhuti Bhatgaon Azarguri Charaikhati

~>

""", " '''/"

District

I

Lakhimpur, Dhemaji and Sonitpur


____ ~~ ______ ~. ____ MMM __ ~. __ • __ ~ __ M··~_MM~ •• ___ ._ •• ··~.~_~ •••• _ ••• _ ••• _ •• ~.~~.~.~ •••• _

---------

Council Name Persons Met

-------

Mising • Mr. Deba Ram Doley, Autonomous Financial Advisor Council • Mr. Lakhidhar Doley,

Upper Division Assistant

Issues Raised by the council

• Requeste l

details of the comm

• Rehabilita resettleme

• Major imp villagers 0 under SH-

• Tree cuttir compensE plantation

• Constructi amenities

• Adequate measures accidents

• Quality of works

to give the he project to nity. ion and nt of PAPs

•

•

acts on the I •

Hotapara 22 g and ory tree I •

on of road side

oad safety to avoid

construction

Responses plantation will be taken up immediately after embankment compaction. Provisions have been made in the budget for construction of waiting sheds, electrical lamps, side drains, foot path in urban areas etc. Road safety measures like boards and speed breakers be placed in all sensitive locations. Risk of accidents at sharp curves will be minimized by way of proper engineering design. A series of consultation has been carried out with the local community and disseminated all the information about the project. Rehabilitation and resettlement of all the PAPs will be done before the start of any civil works. All measures will be taken to minimize adverse impacts on the people and any loss of assets wiff be compensated. Efforts will be made to save trees as far as possible and if

of trees becomes unavoidable compensatory tree plantation will be taken up immediately after embankment compaction. Provisions have been made in the budget for construction of waiting sheds, electrical sid~drains in urban areas,

6-11


----------

Villages District Council Name Persons Met -----------

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER,20.11

....... - ----------

Issues Raised by the council Respon ses

signboards etc.

• Road safety me, boards and spee be placed in all ! locations. Risk a sharp curves wil by way of propel design.

• High quality and engineering prac ensured by regu of construction v

•

sures like sign d breakers will ensitive f accidents at be minimized engineering

standard :tices will be ar supervision orks.

The consultations were organized at the community level for each project road in Stage-1. All the participants were informed in advance about the date, venue and time of the consultation. All proceedings of the consultations were in Assamese by the project preparation support team and PIU officials. This helped the community to express their views easily on the project issues. Alongside the community consultations with the ST families, specific roles and responsibilities were identified for other stakeholders so that they can ensure a) involvement of STs in project planning and preparation; and b) inclusion of their specific concerns within the RAP and its implementation process. Table 6-5 presents the roles and responsibilities of different stakeholders for addressing the issues of ST people.

LEf\t ) 6-12



Table 6-5: Roles and responsibilities of different stakeholders in tribal areas

Stakeholders Anticipated Roles of Stakeholders in Tribal areas

• Assist ST communities in relocation, either in groups or individually as preferred by ASRP- District R&R them.

Cells • Ensure appropriate disbursal of compensation and assistances. 13. Provide special care in grievance redressal and conflict resolution.

• Ensure participation of ST families in R&R activities.

NGO for • Assist in relocation of the ST activities. implementation of • Assist in rehabilitation activities which will include, a) selecting appropriate training

R&R forthem, and b) dovetailing Government schemes for the ST people. 14. Provide information and support on R&R activities and grievance redressal.

Local Community • Identify social and cultural facilities needed for STs. Facilitators/ PRls, 15. Provide inputs for relocation of ST families.

ORWs

• Assist ST communities in relocation, either in groups or individually as preferred by ASRP- District R&R them.

Cells • Ensure appropriate disbursal of compensation and assistances. 16. Provide special care in grievance redressal and conflict resolution.

6.5 REQIUREMENT OF TRAINING FOR SKILL Up· GRADATION

Vocational training programs will be taken up for the ST PAPs and the necessary training imparted to them. These training programs will be given by the NGOs appointed under the ASRP. The NGO will also assist the PAPs in receiving assistance as per the R&R Policy and also through the Government schemes specifically meant for the development and welfare of the ST community in coordination with the state departments dedicated to the development of IPs. The Government schemes are implemented by the various SC/ST state departments through the integrated Tribal Development Project Office and the Sub Division Welfare office at the district level.

The selection of eligible PAPs for training will be done based on several conditions. The PAPs above the age of 18 years and below the age of 35 years will be considered as prospective candidates. Training on repair work of various electronic and mechanical goods will be imparted to male PAPs who are educated above class 8 (Table 6-6). Training on tailoring, cane and bamboo handicrafts, pottery, hair cutting will be imparted to male PAPs who are educated till class 8 or below. Again training on beautician courses, weaving etc will be imparted to female PAPs who are educated till class 8 or below. The qualification required and duration of course against the training of the different types of trades has been considered in compliance as per the national standards set and approved by the Directorate of Employment and Craftsman Training.

Table 6-6: Training Programmes Available for STs Under metric trades

S SubjectlTrade Duration Qualifications 1 Wireman

2 Years 2 Mechanic Agri Machinery 3 Plumber 4 Mechanic Tractor 5 Cutting & Sewing VIII Pass 6 Embroidery & Needle Works 1 Years 7 Weaving of Woollen Fabrics 8 Leather Goods Maker 9 Welders

Post Metric Test 1 Instrument Mechanic 2 Years HSLC Pass 2 Mechanic Radio & Television 3 Refrigerator & Air Conditioning

6-13



Under metric trades 51. No. 5ubjectlTrade Duration Qualifications

4 Draughtsman (Civil & Mechanical) 5 Mechanic Motor Vehicle 6 Fitter 7 Electrician 8 Machinist

Computer Operator & Programming 1 Assistant 2 Food Processing 3 Dress Making 1 Year HSSLC Pass

4 Photographer 5 Hair & Skin Care

The educational qualifications for the training programmes have been indicated here as they are mandatory to get enrolled in any of the recognized institutions. If the PAPs are interested to select outside the identified institutions, the NGO will facilitate them. The list of ITI's in the project districts with their addresses and trades available are given in Table 6-7.

Table 6-7: List of Industrial Training Institutes in Project Districts 51.

Name of the ITI Address Trades available No.

Jahajghat Tezpur. Cutting & Sewing, Stenography, Fitter, Turner, Machinist,

1 ITI, Tezpur 781001 MMV, Electrician, Wiremen, Welder, Mason, Carpentry,

Painter.

2 ITI, Dhemaji Dhemaji Assam Welder, Electrician, Cutting & Sewing, Stenography English, MMV, Food Processor.

G.I.T.I. Barpeta, Electrician, Welder, COPA, M.MV, Wireman. Mason Carpentry, 3 ITI, Barpeta P.O. &Dist-Barpeta

-781301. Painter, Surveyor, DIM Civil, Plumber.

G.I.T.I, Bongaigaon Electrician, MMV, Wireman, Welder, Mech. Diesel, Hospitality, 4 ITI, Bongaigaon, P.O. Bongaigaon Retail, Travel & Tourism Insurance & Accounting, Fitter,

Assam- 783380 Turner, Stenography (English), Cutting & Sewing P.O Borpathar, Dist.

Fitter, Electrician, Hair & Skin Care, Dress Making ,COPA, 5 ITI, Dhansiri, Golaghat. Pin-785602 Welder, MMV, Mechanic Diesel

Dandua PO & Dist. MMV, Electrician, Mech. Agri Machinery, Mason, Carpentry, 6 ITI, Morigaon Marogaon Assam-

782105. Plumber

7 ITI, Goalpara Goalpara, Assam Mech. Electronics, COPA, Welder, Electrician, Food Processing, Cane and Bamboo Draughtsman (Civil), Fitter, Turner, Machinist, Electrician,

8 ITI, Jorhat Jorhat, Assam Wireman, Mech Motor Vehicle, Welder (G&E), Mech Diesel, Stenography (E), Cutting & Sewing, IT&ESM, COPA, Secretarial Practice

9 ITI, North North Lakhimpur,

Cutting & Sewing, Secretarial Practice, Hair & Skin Care Lakhimpur Assam Draughtsman (Civil), Fitter, Turner, Machinist, Electrician,

10 ITI, Nagaon Nagaon, Assam .Wireman, Mech Motor Vehicle, Welder (G&E), Mech Diesel, Stenography (E), Cutting & Sewing, IT&ESM, COPA, Secretarial Practice

The NGOs implementing the R&R will assess the training needs of the ST PAPs and arrange for the training in consultations with the PAPs and PIU. The NGO will finalise the list of PAPs willing to get training and submit for the approval of SMC. The payment for the training will be made by the PIU to the institutes as recommended by the NGO.

6-14

EA & SAfar Assam State Roads Project INDIGENOUS PEOPLES DEVELOPMENT PLAN PWD, Government of Assam NOVEMBER,2011

6.6 OTHER ASSISTANCE FOR TRIBAL VILLAGES

Construction of Community Halls

The project considers construction of 11 community halls along the corridor for the use of STs and other villagers. It will be constructed and handed over to the concerned village Panchayats as care takers. It is estimated that each of the community hall will require land of about 200 sq. m. in the built up area. The land for the construction of the community hall will be made available by the local bodies/district revenue authorities. In case of the land being purchased, the estimated cost for purchase of land for each hall will be about Rs. 5.25 Lakh. The construction cost of the hall has been estimated as Rs. 8.06 Lakh (Table 6-8). The layout plan for the construction of the community hall has been provided in Annexure 6-3.

Table 6-8: Estimated cost of construction of community hall

1 nos. 30' x 20' Community Hall 2 nos. 6' x 7' toilets, 1nos 6' x 7' wash area

51. No Item UoM Rates Quantity Amount (in Rs.)

1 Plinth area rates for RCC building Sq.m 9100 68.75 6,25,625

2 Normal preparation of site 1 % of civil work 6,256

3 Weather coats for external finish 1 % of civil work 12,513 Deep tube well only for Rig boring! DTS

4 Boring inclusive of casing pipes and all accessories of pumps etc. a) 100mm diameter RM 350 60 21,000

5 Sanitary installation 8% of civil work 50,050

6 Internal water supply 5% of civil work 31,281

7 Internal electrification 9% of civil work 56,306

8 Fire fighting 0.5% of civil work 3,128

Total Amount (R5) 8,06,159

Estimated Cost of Land 5,25,000

Total cost for Community Hall 13,31159

Infrastructure Facilities

The project also provides for provision of infrastructure facilities in villages resided by the ST PAPs. The facilities and estimated costs for their development is as shown below:

Cost for Hand Pumps: The cost for digging bore wells for a depth of 150 feet and erection of pumps and other materials, the estimated unit rate for each unit will be Rs 40,000/-. The total number of units will be Rs. 44,000.

Cost for Electrical Lamps: The cost for electrical lamps along the road side shall be considered as part of road side amenities under civil works.

Bus Shelters: The built up areas with tribal PAPs will be provided bus shelters. The cost of the bus shelters will be considered under civil works.

Drainages: The project provides drainages along the settlements to avoid water logging problems. The drainages will be provided as part of the civil work.

Training for Skill Upgradation

A budget allocation has been made for the various skill up-gradation training programs to be imparted to the eligible ST PAPs during the project implementation period. The estimated budget for the training is Rs. 11.40 Lakhs, the details of which are presented in Table 6-10.

I_" 6-15



6.7 IMPLEMENTATION SCHEDULE FOR IPDP ACTIVITIES

The activities proposed to be undertaken for implementation of IPDP are presented in Table 6-9. However, implementation schedule can be modified/ updated during the progress of the implementation. All the activities for implementation of the IPDP will commence prior to the land acquisition process. The scheduled period for completion of the activities is about 30months.

Table 6-9: Implementation schedule for IPDP

S. Task Responsibility Implementation Schedule

No 1 Sensitization of Plu/SDU Consultants IDuring Project Preparation

From the date of notification under section 6(1) of LA Act.1894 (in months)

2 Identification of Eligible PAPs NGO & Revenue

3 Department

2A Disbursement of compensation and Revenue DepartmenVPWD

24 assistance as part of RAP assisted by NGO

ttiself Help womeo G,O"P NGO 3

Selection of Training institutes Revenue Department 5 Training for self-employment opportunities Institute 17

5 Identification of land for Community Revenue

5 Centers Department

6 Construction of Community Centers Revenue DepartmenV

14 ASRP

18 7 Evaluation of Programme Beneficiaries External Evaluation Agency Along with Overall project

Evaluation

8 Electrical lighting in ST habited villages-

Contractor! ASRP 23 Along the road side only

9 Road side drainages as part of drainage ConsultanVASRP 24 facilities along the project road

10 Bus shelters Contractor! ASRP 30

11 Provisions of hand pumps for drinking Contractor!PWD 24 water facilities in ST villages

6.8 INFORMATION DISCLOSURE

The IPDP document is to be disclosed for public access and will be made available in the following places in addition to the PIU:

• District libraries

• APWD web site: www.assampwd.org.

• In the Panchayat offices, a copy of the summary of IPDP document in Assamese for reference.

To provide information on the fixation of negotiation prices for land acquisition in the project and to explain the various entitlement options in the project, illustrative project information brochures prepared in Assamese will be available to all PAPs prior to negotiations.

6.9 COST AND BUDGET FOR IMPLEMENTATION OF IPDP

The estimated cost estimates for implementation of the activities proposed in IPDP are given in Table 6-10.

6-16

EA & SAfor Assam State Roads Project

PWD, Government of Assam INDIGENOllS PEOPLES DEVELOPMENT PLAN

NOVEMBER,2011

Table 6-10: Estimated budget for implementation of IPDP Eligibility of '0 PAPs in each Corridor Beneficiaries m CI E -C mc :::I iii c .- - a:: 'c .- t: III iii E >-GI C. g C :::I III III E" a::

I!! 0 I- .Q"III :::I C - Total c .. c SI.No Details

co 0 .. .. .E ;.~ ...JE u - GI GI .. co .E co N GI II) N N .... N No of .. CI >- )( ..

"!:J!lgj ;l:: E • • N • M M GI " GI co :::I .. :5< J: ~ PAPs CI :::I c U C c J: J: J: J: J: J: .- (/) :::I :::IC.Q (/) " m :::I o GI (/) M (/) (/) (/) (/) (/) :::I GI " 0 E E S J: m S m w E < <.E!- 0 (/) 0 < :::I l- I-

e" GI

Training for skill up-gradation Among Scheduled Tribes 1ST)

1 Trades

Cutting & tailoring, embroidering, Hair cutting, leather goods

>18 Below making, Welding, Tractor and & Males 8th

1 2,000 8,000 10,000 6 0 7 1 2 0 2 0 18 1,80,000 a other Agri Machine mechanic,

<35 standard year

plumbing, Masonry, carpentry, cane & Bamboo etc. Cutting & tailoring, embroidering, >18 Below

1 b weaving of cotton and woollen & Females 8th 2,000 8,000 10,000 4 0 3 1 9 0 1 2 20 2,00,000

fabrics, etc. <35 standard year

Repair of TV, Radio, Tape >18

10th recorder, Computer, Fridge & AC, standard 1 11,40,000 c & Males 10,000 10,000 8 1 23 0 10 0 0 0 42 4,20,000 etc. Motor Vehicle Mechanic, <35 and year Electrician, Fitter. above Computer Operator &

>18 12th

d Programming Assistant, Food

& Males standard 1

10,000 10,000 3 1 13 0 3 0 0 0 20 2,00,000 processing and preservation.

<35 and year

Photography, above

Computer Operator & >18

12th Programming Assistant, Food

& Females standard 1

10,000 10,000 2 0 7 0 5 0 0 0 14 1,40,000 e proceSSing and preservation. and

<35 year

Beautician course, Photography, above

Sub-total (1) 11,40,000

2 Amenities for Tribal Villages

a Drainages in tribal areas' 0 0 0 0 0 0 0 0

b Electrical lamps along the road

0 0 0 0 0 0 0 0 side'

~"~~ 6-17

EA & SAJor Assam State Roads Project PWD, Govemment oJ Assam

SI.No Details

C Bus shelters·

d Hand pump for the community

e Community Halls

f Cost for the purchase of land

·Cost covered - engineering cost

~ " "'$ ",,,if:,!

Eligibility of _,Beneficiaries

III .. c III .2 G> >- ~ 1; .E (I) (J

:I G> "Q CII W <t

INDIGENOllS PEOPLES DEVEl.OPMENT PUN NOVEMBER,2011

--~~~------- ... ...,""", .............. ,,"'---.. ~""'''------,,-----~'''

'0 PAPs in each Corridor CII CII E iii c CIIc :I C ,- q:: 'E .- :tl III

iii e :>'G> a. :§. C :I III iii E- ll::

~ I- .CI"Q1iI - Total :I C :§. .... ... ... C G> ...J~ (!)

I! ° .2111.E ... (J It.I N N .... N No of - CII - _J!!Ill :!::E ""

N (!)

"" N "" (") (") (!) "Q :I - (I) PAPs :I 0 c ccil :§<t ::z:: ::z:: - ::z:: ::z:: ::z:: ::z:: ::z:: CII

:I :I G> (I) (I) (") (I) (I) (I) (I) (I) "Q III

°E :I 0

~ ::z:: III ~ E Ea. (I) <t <t-

:I l- I-e" G>

0 0 0 0 0 0 0 0 i

i 40,000 2 3 2 1 1 1 1 1 12 4,80,000 4,80,000

8,06,159 2 3 2 1 1 1 1 1 12 96,73,908 96,73,908

5,50,000 2 3 2 1 1 1 1 1 12 66,00,000 66,00,000 .. _-

Sub-total (2) 1,67,53,908 i

Grand Total (1+2) 1,78,93,908 I

6-18


6.10 GRIEVANCE REDRESSAL CELL


A district level grievance redressal cell will be constituted to address the grievances of the PAPs related to disbursement of compensation and resettlement. The Deputy Commissioner (DC) will constitute the cell within 3 months from issue of 4 (1) publication. The space for the functionillg of the cell will be provided in the DC's office.

Members of GRC: The cell will be constituted by the DCs of project districs. The GRC will be represented by the representatives of PAPs, the village council, NGOs and other opinion leaders. It Will be chaired by a retried officer, who served as principal/judges/ Deputy commissioner/Additional DC, etc. Apart from the nominated persons, the representative from district eand acquisition division and executive engineer PWD will attend the meetings.

Functions of the Cell: The district grievance cell will conduct a meeting in the first week of every month to hear the grievances from the PAPs. All the complaints will be forwarded to the concerned department/officials within 15 days from the date of receiving the complaints. The issues resolved/addressed by concerned officials within 45 days from the receipt of the complaints. All the grievances received shall be discussed by the Chairman of the cell with DC for the necessary action.

The compliance to all the petitions shall be reviewed in each of the meeting by the chairman and the DC. The grievances related to land acquisition and resettlement will be sent to the DC. In case of the grievances not addressed by the GRC, it will be taken to the state R&R cell by the chairperson in consultation with the Deputy Commissioner. The subjects will be forwarded to the SMC and state R&R cell only if they are not within financial or administrative powers of DC.

The committee shall submit a monthly report to the PIU for the reference regarding the issues received and the cases disposed and forwarded to State R&R Cell.

6.11 MONITORING AND REPORTING

The IPDP implementation will be closely monitored by the R&R cells on an effective basis for identifying potential difficulties and problem areas. Monitoring will be carried out by appropriate specialists within the R&R cell and reported regularly to the Project Director on a monthly basis. The physical and financial progress of the activities completed for the indigenous population will be submitted separately. The internal monitoring will involve the following tasks:

• Administrative monitoring to ensure that implementation is on schedule and problems are dealt with on a timely basis.

• Socio-economic monitoring during and after the relocation process, utilizing the baseline information established by the socio-economic survey of PAPs, will be undertaken during project preparation to ensure that people are settled and recovering.

• Overall monitoring will be undertaken to verify whether recovery has taken place successfully and in time.

Data from the baseline socio-economic surveys carried out during the project preparation stage will provide the benchmark for the monitoring process to assess the progress and success of the resettlement and rehabilitation programme. However, monitoring process will also include the following:

External Monitoring Agency

The PIU will appoint an external monitoring and evaluation agency to evaluate the compliance to IPDP. The external evaluation agency will be appOinted within 10th month. The evaluation will be done by a single agency for all project packages. The agency will be responsible for conducting

EA & SAfor Assam State Roads Project INDIGENOUS PEOPLES DEVELOPMENT PLAN PWD, Government of Assam NOVEMBER,2011

the evaluation at the middle of every project milestone as desired by the PIU. The agency shall submit their report to the PIU within 30 days on completion of their monitoring evaluation. The estimated cost for the entire monitoring and evaluation for the project is Rs. 22 Lakh.

Communication and Reactions from PAPs

• Information from PAPs on entitlements options.

• Valuation of properties.

• Usage of grievance redressal cell.

• Disbursement of compensation and assistance.

Monitoring will also cover the physical and financial progress of the project. This will include acquisition of land, provision of infrastructure, plantation of trees and other necessities. The physical and financial performances will be assessed by grievance redressal. The indicators for physical and financial progress of the project have been presented in Table 6-11.

Table 6-11: Monitoring indicators for IPDP implementation

51. Monitoring Indicators Monitoring Indicators for Grievance

No. redressal

A. Indicators for Physical Progress

1 No. of PAPs issued 10 cards • Number of grievance received from ST

2 No. of PAP selected for Training PAPs by OLC.

3 No. of PAPs Joined for the programmes • Number of grievances addressed by OLC.

4 No. of PAPs benefited • Number of grievances passed on to SLC.

5 No. of PAH benefited • Number of consultation held with PAPs regarding the disbursement of

6 No. of PAPs in the benefited compensation and assistance. 7 No. of ST Villages benefited • No. of ST PAPs attended the meetings

8 No. of PAPs used training programme for their livelihood after completion of the training programme

9 No. of villages benefited through community centers

10 The population covered by each community centers

11 No. of PAPS Received compensation

12 No. of PAPs received Rehabilitation assistance

13 No. of PAPs informed about Entitlements

No. of PAPs informed about the valuation process 14 and agreed for the compensation fixed for land and

buildings

15 No. of community facilities constructed in villages with ST PAPs

B. Indicators for Financial Progress

1 Total amount spent

2 Amount spent on training prgrammes

3 Amount spent on construction of community centers

4 Amount spent for payment of compensation to PAPS

5 Amount spent for payment of assistance to PAPS

6 Amount spent for rehabilitation of PAPS

7 Amount spent under each eligible entitlement for PAPs

6-20

1 IIiDIGEIIIUS PEIPlES MUlGEMEIII FIIII_RI The Indigenous People Management Framework (IPMF) has been prepared to facilitate the preparation of IPDP for the project roads to be subsequently taken under ASRP.

7.1 OBJECTIVES

This framework is based on World Bank's operational policy 4.10. The principal objectives of the framework are to:

• ensure that project engages in free, prior and informed consultation with the indigenous community wherever they are affected;

• ensure that project benefits are accessible to the indigenous community living in the project area; • avoid any kind of adverse impact on the indigenous community to the extent possible and if

unavoidable ensure that adverse impacts are minimized and mitigated;

• ensure indigenous peoples participation in the entire process of preparation, implementation and monitoring of the sub project activities;

• minimize further social and economic imbalances within communities; and • develop appropriate training I income generation activities in accordance to their own defined needs

and priorities.

The need for an IPDP will be established on the basis of the following criteria: (i) adverse impacts on customary rights of use and access to land and natural resources; (ii) negative impacts on socio-economic and cultural identity; (iii) impacts on health, education, livelihood and social security status; (iv) any other impacts that may alter or undermine indigenous knowledge and customary institutions.

7.2 PROCEDURE FOR PREPARING AN IPDP

In order to prepare an IPDP, the following steps will be taken:

• Social screening to establish the presence of tribes in the project area or have collective attachment to the project area;

• based on a detailed social assessments establish baseline data on the ST people (subsistence, employment. community networks) in the project area;

• review Acts I policy guidelines applicable in the respective states regarding tribal groups and also the central Acts I Policies;

• identify the impacts (both positive and negative) and prepare an IPDP; and • disclose the draft IPDP.

7.2.1 Screening

During the planning and design phase of the road corridors. screening survey will be carried out based on group discussion with the communities in the sub project area in order to identify presence of any tribal group or any such group that have collective attachment to the project area. Apart from the consultation with the community members, consultations I in depth interviews will also be carried out with the NGOs working in the area and representative of local self government. The screening will take into account the details of tribal households, assessing the number of such households along the zone of influence of the proposed sub project. If the result shows that there are tribal households, the issues related to the community will be included in the social impact assessment (SIA) survey.

7-1

EA & SA for Assam State Roads Project PWD, Gavernment of Assam


7.2.2 Social Impact Assessment

The PWD will be responsible for conducting SIA and the development of an action plan with the help of indigenous community and organizations working for them. The SIA will gather relevant information on demographic, social, cultural, economic and networking aspects of each household and needs of the community as a whole. The information on individual household will be collected through household survey where as community based needs will be assessed through group discussions with the community as a whole as well as in discussion with the community leaders and government and non -governmental officials working in the area on tribal issues. The discussion will focus on both positive and negative impacts of the sub project. The suggestion and feedback of the community on the design and planning of the sub project will also be documented.

7.2.3 Entitlements for ST PAPs

Based on the Operational Policy 4.10 of the World Bank and as one of its significant R&R requirements; special provisions for the Scheduled Tribes (ST) has been made in the ASRP R&R Policy (apart from the general compensation and assistance to be received as Project Affected Persons (PAPs)/Project Affected Households (PAHs)) of this project for loss of assets. Section 4A of the ASRP R&R policy provides for such additional assistance to the ST and other vulnerable groups.

7.2.4 Consultation, Disclosure and Institutional Framework

The PWD will prepare the IPDP, implement and monitor it. The IPDP will be implemented along with the Resettlement Action Plan (RAP). A local NGO with the relevant experience will be hired to assist PWD in planning and implementing the IPDP. The NGO will be fully briefed on World Bank's policy on IPs. IPDP committees will be formed at state and district level to implement and monitor the plan.

The ST groups will be consulted in preparing the IPDP. They will be informed of the mitigation measures proposed and their views will be taken into account in finalizing the plan. The plan will be translated in the local language and made available to the affected people before implementation.

The tribal institutions and organizations in the affected area will also be involved in implementing the IPDP and in resolving any disputes that may arise. PWD will ensure that adequate funds are made available for the plan.

7.2.5 Monitoring and Evaluation

The PWD will set up an internal monitoring system comprising its own staff, NGOs, ST people and their institutions to monitor plan implementation. Monitoring indicators will be established. In addition, an external independent monitoring agency will be employed by PWD. Reporting formats will be prepared for both internal and external monitoring.

7.3 SUGGESTED FORMAT FOR IPDP

The suggested format for the IPDP is as follows

• Description of sub projects and implications for the indigenous community;

• Gender disaggregated data on number of ST households by impact category;

• Social, cultural and economic profile of affected households;

• Land tenure information;

7-2



• Documentation of consultations with the community to ascertain their views about the project design and mitigation measures;

• Findings of need assessment of the community; • Community development plan based on the results of need assessment; • Modalities to ensure regular and meaningful consultation with the community;

• Institutional arrangement and linkage with other national or state level programmes; • Institutional mechanism for monitoring and evaluation of IPDP implementation and grievance redress;

and

• Implementation schedule and cost estimate for implementation.

7.4 KEY ELEMENTS OF IPDPAND PARTICIPATORY APPROACH

The key elements of an IPDP include:

• All development plans for IPs shall be based on full consideration of the options and approaches that best meet the interests of the communities;

• Scope and impact be assessed and appropriate mitigation measures are identified; • Project shall take into account the social and cultural context of affected peoples and their skills and

knowledge relating to local resource management;

• During project preparation, formation and strengthening of indigenous peoples organization; communication to facilitate their participation in project identification, planning, execution and evaluation shall be promoted; and

• In case PWD is not capable of preparing and implementing IPDP, experienced community organizations I NGOs can be involved as intermediaries.

Participatory Approach for Preparation of IPDP

The main thrust of IPDP is to address the developmental issues of the project taking into consideration the marginal status of ST community. The IPDP will offer developmental options addressing community based needs of IPs while respecting their socio-cultural distinctiveness. The IPDP aims at strengthening the existing capacity of the affected ST community. The strategy of IPDP therefore, will be to promote participation of the ST people, initiating and identifying their need, priorities and preferences through participatory approaches. Therefore, the action plan for a particular village will be prepared by the community themselves on an yearly basis.

Participatory Rural Appraisal (PRA) initiates the process of people's partiCipation, facilitating decision-making through mutual discussion and direct consultation. Participatory approach is intended to promote participation of all stakeholders creating development opportunities for the affected community. It is therefore, mandatory that appropriate PRA tools along with Focus Group Discussion (FGD) is employed to initiate participation in IPDP for collection of qualitative data. The areas of enquiry will mainly include:

• Identification of ST groups; • Access to natural resources, likely impact on land ownership and land distribution, share cropping and

lease holder; • Participation in the livelihood security component of the project; • Employment and income generating opportunities in agriculture, trade and business and services;

• Poverty; • Women and Gender relation; and

• Felt needs and community organization.

With a view to assess the life patterns of the affected indigenous population and to prepare IPDP in consistent with community and region specific background, pertinent baseline information shall be collected, compiled and analyzed. The baseline information on socio-economic characteristics including land tenure, land holding categories, occupational pattern, usual activity status, income

7-3



- expenditure pattern, access to natural resources, health status, literacy level, age structure, gender, marital status, etc shall be collected in order to facilitate the planning process. The baseline data shall be collected through pre-tested structured schedules.

The most important component of IPDP is to assess the type and magnitude of impacts, both positive and negative on the ST communities, The assessment of impacts on ST population in the projects shall focus on the probable consequences of the project according to specific criteria I indicators. The indicators may include:

• Access to natural resources (such as forest, grazing land, weekly markets, etc.);

• Job opportunities through wage labour within or outside agriculture;

• Employment and income generating opportunities in agriculture, trades, services and business;

• ST community rights, institutions, values and way of life;

• Social infrastructure and public services such as sources of water, health facilities, schools, etc;

• Reduction in political power, marginalisation and social disarticulation; and

• Changes in farming methods, cropping pattern, crop yield, income, expenditure pattern, etc.

One major activity during the course of the survey will be to identify, various community specific developmental needs linked to their socio-economic and cultural life. The needs shall be identified for infrastructure development and community service facilities such as weekly markets, drinking water facility, sanitation, health facility, schools, community halls, post office, watershed structure, drainage, etc;

7.5 IMPLEMENTATION ISSUES AND STRATEGY

It is envisaged that proper implementation of IPDP is possible only through community participation. The participatory approach will ensure:

• Promotion of community concern and involvement;

• Proper organization and management of resources;

• Setting up of criteria and fixing criteria and procedures for project execution are done at the grass root level; and

• Identification, selection and strengthening of implementing agency at the grass roots level.

Steps will be taken to ensure that (i) ST community participates in the project, (ii) is fully aware of their rights and responsibilities; and (iii) are able to voice their needs during IPDP preparation. The community will be encouraged to prepare their own plan that caters to their needs.

Appropriate people's organization and forum need to be built and strengthened to ensure effective peoples representation and empowerment in the process of selection of specific community development activities and their execution. The conventional top down approach to project implementation through prevailing bureaucratic framework needs to be reoriented for the framework of participative administrative structure to respond to bottom up initiatives based on participatory process for informed community participation and empowerment.

IPDP as a means of sustainable development is based on the strategy of using culturally appropriate, socially acceptable and economically viable opportunities for livelihood of the ST community including farmers, agriculture and non-agriculture labour, women and wage earners. The strategy includes:

• Participation of ST community in plan preparation, formulation and implementation by strengthening their existing social, political and community organizations through required legislative measures, positive administrative responses and people's mobilization.

7-4



• Strengthening women's traditional role in subsistence economy through organization, capacity building for leadership and skills improvement, access to non timber forest produce (NTFP), while bringing about greater sharing of household responsibilities between men and women.

• Keeping in view the strong bondage of the ST community with land and forest, subsistence practices, traditional culture and ways of life, the strategy may create space for innovative policy measures through appropriate legislation I executive actions. Such innovative policy responses may cover any aspect of their needs from food security, income generating activities, right over forest produce, community health measures or any such issue as generated by the community in course of their participation in the plan process.

• Involvement of NGOs as an interface between the government and the ST community to "bind" and strengthen their organizations, develop a mechanism for redress of grievances and facilitate their being a "stakeholder" in the institutional arrangements for IPDP.

• To ensure the right institutional mechanism for this strategy, IPDP will be integrated with the existing structures of ITDP/DRDA wherever necessary.

NGOs are "secondary stakeholders" who can facilitate the participation of "primary stakeholders"the ST community. The NGOs must have a clear understanding of the socio-economic, cultural and environmental context of the project.

The social and community organizations of ST population will be identified to strengthen and involve them in participatory process of IPDP. The IPDP will develop a linkage with the structure and the process of ST development administration so that the ST communities can enjoy more benefits. The NGOs will also provide the important interface between ST administration and the community.

7.6 INSTITUTIONAL ARRANGEMENTS FOR IMPLEMENTATION

Areas with significant ST population have been covered under Tribal Sub Plan (TSP) approach from the beginning of the Fifth Plan. Scattered but yet significant tribal population has been covered under Modified Areas Development Approach (MADA) pockets and clusters. Where there is a population of 10,000 of whom 50% are tribal, MADA pockets have been created and where there is 5000 living and of whom 50% are tribal, MADA clusters have been created. The TSP/ITDP is administered by the block administration and line departments. TSP approach was adopted primarily for (i) promotion of developmental activities to enhance living standards of scheduled tribes; and (ii) protection of their interest through legal and administrative support.

At the state level Tribal Development Department headed by a Secretary and assisted by Commissioner / Special Secretary, Tribal Development will be the nodal agency. The Commissioner! Special Secretary will be further assisted by Director! Deputy Secretary; Deputy Director I Under Secretary. At the Integrated Tribal Development Project (ITDP) level, there is a full time Project Administrator of the Joint Director cadre. An Assistant Project Administrator assists the Project Administrator. The work of ITDP is multi-disciplinary in nature and it functions as a nodal agency for planning, formulation, implementation and monitoring of tribal development programmes. The Project Administrator is empowered with adequate administrative and financial powers so that they function as watch dog to schemes and programmes implemented by ITDP. The ITDP keeps constant vigil in protecting the tribal against exploitation in addition to various development programmes.

7.6.1 Implementation Committee (District Level)

The most crucial level for approval of IPDP programme, its review and implementation will be the district level. At district level a committee will be formed under the chairmanship of District Collector. The Block Development Officer (BDO)/Chief Executive Officer (CEO) will be the member secretary. Project Administrator, ITDP (as member secretary), representative of project

EA & SAfar Assam State Roads Project INDIGENOUS PEOPLES DEVELOPMENT PLAN PWD, Government of Assam NOVEMBER,2011

authority (as convener), two tribal representatives from the project area, and NGO representative will be the members of the committee. In the participatory structure contemplated in the IPDP framework, NGOs will be responsible for productive group activities and other small community project which are innovative and essentially rest on people's participation. The plan though will be prepared by the village level committee; the implementation committee will be responsible for approval of the plan.

7.6.2 Village Level Committee

For a fully participatory framework, it is contemplated that at the village level, with the help of NGOs, a village level committee (VLC) will be formed which will include representation from tribal and also non tribal families, leader of the tribal community (as member secretary), other opinion leaders of the village like school teacher, community worker, panchayat member, doctor, etc. The committee will have at least 15 members with substantial representation of women member (preferably 33%). The representative from the executing agency will be the convener of the committee. The committee will list out the needs of the community and prepare village level action plan for a particular year. The NGO will facilitate plan preparation and interact in group meetings with the tribal community and will also assist in preparing the plan and minutes of every meeting.

The VLC will be fully associated in programme supervision and execution. The NGO or BOO/CEO will ensure that the VLC has all requisite information flow on programme contents and funds. Technical support in form of village level orientation will be provided under IPDP with active intervention of NGOs. The VLC will ensure full participation of villagers in the labour force in work programmes under IPDP. Equal wages will be paid for equal work under IPDP. Local level inputs and expertise to the extent feasible will be focused on.

7.6.3 NGO Participation

The NGO will ensure that the due benefits flow to the tribal in the most effective and transparent manner. The success of the NGO inputs will largely depend on their liaison with the tribal and other concerned government agencies involved in IPDP. Other involved agencies are expected to collaborate with Project, based on instructions from the PWD, in accordance with the policy framework. These arrangements have to be made during the first month of Project implementation in order to set up the various committees and implementation mechanisms required for the project. The role of NGO will be of a facilitator. The NGO will work as an interface between the PWD and the tribal community. They will train/ orient the tribal community on planning, formulation, preparation and execution of annual action plan.

7.6.4 Selection of NGO

It is extremely important for successful implementation of IPDP to select a genuine and capable NGO committed to the tasks assigned. Key quality criteria include:

• Experience in direct implementation of programs in local, similar and/or neighboring districts;

• Availability of trained staff capable of including tribal community into their programs;

• Competence, transparency and accountability based on neutral evaluations, internal reports, and audited accounts;

• Integrity to represent vulnerable groups against abuses; experience in representing vulnerable groups, demonstrable mandate to represent local groups; and

• Shall have a clear understanding of gender and poverty relations within the community of tribals and have the ability to pay particular attention to the social and economic needs of women and tribes.

7-6


7.6.5 Consultation and Disclosure

INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER. ZOll

The tribal groups will be consulted in preparing the IPDP. They will be informed of the mitigation measures proposed and their views will be taken into account in finalizing the plan. The plan will be translated into the local language and made available to the affected people before implementation. The tribal institutions and organizations in the affected area will also be involved in implementing the IPDP and in resolving any disputes that may arise. The PWD will ensure that adequate funds are made available for the plan.

7.6.6 Monitoring and Evaluation

7.6.6.1 Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in developmental activity I programme in order to ameliorate problems faced by the implementers and develop solutions immediately. Monitoring is a periodic assessment of planned activities providing midway inputs for facilitating changes and giving necessary feedback of activities and the directions on which they are going, whereas evaluation is a summing up activity at the end of the project assessing whether the activities have actually achieved their intended goals and purposes. The M&E mechanism will measure project performance and fulfillment of the project objectives.

The PWD with the help of the NGO will carry out internal monitoring. NGO will be thoroughly briefed about the Bank's Policy on IPs. An external agency will be engaged to monitor and proactively evaluate the IPDP objectives. The external agency will submit monthly progress reports and will also be responsible for midterm and end term evaluation. Broadly, monitoring and evaluation system will involve:

• Administrative monitoring: daily planning, implementation, trouble shooting, feedback and trouble shooting. individual village file maintaining, progress reports

• Socio-economic monitoring: case studies, using baseline information for comparing the socioeconomic conditions, morbidity & mortality, communal harmony, dates for consultations, employment opportunities, etc.

• Impact evaluation monitoring: living standards improved access to natural resources, better bargaining power in the society, etc.

7.6.6.2 Role of Independent Agency

The PWD will requisition the services of an independent agency not associated with the project execution to carry out M & E of the project. The independent agency will also evaluate the performance of the NGO. Monitoring will also include:

• Reactions from the community; • Information from the community on plan preparation, implementation, time taken at each stage, etc; • Visits to sites to observe physical progress of plans;

• Socio-economic status of the community; • Degree of community participation; • Usefulness and utilization of training imparted;

• Utilization of funds; and • Behaviour of NGO staff with the community.

Grievance Redressal Mechanism

Grievances if any will be addressed as per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest areas inhabited by them and provides a framework for it.

Annexure 2·1: List of Communities Classified as Scheduled Castes and Scheduled tribes

GiJVWt'jMl.:.;J~F ASSAM DEPAj{r;"icNT OF WELFAHL OF FLAIiJ 'n,rrffis AND DAQ~V/AR.D CLASS tiS

NO. TAD!DC[S7\93!46. Dated Dispur. the 1st April. 2003.

From

To

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5.'" .l " ,.,

~ . 2. .... .;J.

4.

5.

Shri N.Darooah.ACS. Deputy Seey.to the Govt.of ASSam. VlPT So DC Department.

All Seeys. t.;) the Govt. of I'SS.::tffi.

All Heads of Department •

f,ll Deputy Comnissioners •

All Sub-Di vi si :mal Offi cers.

I,ll Sub-Divisi:mal Welfun: OfficGrs.

The Sch\;lduled Ctiste e, Scheduled Tribes ordors(lIfIHmdment) II ct....2Q.Q.2::....li.:;d;_::l.L$.. C L _.anfl. .S ... L.I •

I am diructed t:) onclosc· 11",1'(: wi th th0 list of S.C. & S. T.

of l\ss3m prcp<"rcd as pllr th'~ Scha'ulGd C<1st.;: fl. $chedulod TribE's Ordors

(Nnendm';nt) l,ct.2002.

Tho r~v1sDd list of S.C, and S.T. will como into forcu with ir'llnedi"to offoct.

1111 Castv certlfici:\t0 tJ th.:: S.C.8. S. T.pooplo should be,

is~uQd on tho basis of rovis0d lIst.

Yours f"tlthfully" 5d/-

D:.put.y S~,cy.to the G-.)vt,oi t\~,sam.

y~1E,LIi.. . ..QC Do-llIlrtll¥ml.

Hovisud list of Sch0d~JIGd Castes and Schodulod Tribe:s prupar,<:d ilS per ':IJlQ SS.b0 9\.1),0d ..c..~tos and Scl1()dU1JifLI!;:,\J:1p..§ __ Ordo;~Jll.QO.Q!IlQ!Li;1£\£.:l;.,.2QQ.2...

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G hen tong, Pan)r. ~'lar, IJ h;)1 , L 'r'ngng am. 7. ,\ny Kuki. Tribos includlng~-

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A-1


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xxvi) hlisaJ

xxvii) Mtlngjul

xxviii) Hiang

;:xi x) SairhJm

xxx) Selnam

xxxi) Sings:)n

xxxii) Si tlh::m

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xxxiv) ThadJ

xxxv) Th"l;1ge.gon xxxvi) Ultnh'


8. Lakhar

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in 'thu stc\to :Jf /<S5af.1 .::xoluding th(: lI.ut::mom:>us Di stricts :.-

1. Oarn1ans 8. (mri) Michlng 2. D :lr;:), [)orok<'lchari 9. Ral~ha

3. Du0ri 10. Dimusa

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5, KaGh~:ritS :>rFlwal 12. Singph:1

6. Lalung l~l. Khampti.

7. Moch 14. Ga~':J.

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A-2

Annexure 6-1: Orders by the GoA, Notification

GOVERNMENr OF ASSAM

RJBLIC ~RKS D!l:Pl\RrMENr::: :EsTABLISH1ENT(B)BRAl'CH

QRDEltS BY THE GOVERNOR QF ASSAM NOT1FKAIfQN

Dated, Dj'PUf, the 27" of April. 2011

ti!' RIlES. 193/2008118: The Governof ofAssal1l is ple,lSed to conslliute Project Managcm~n\ \Jni!, ,\ssam Stnte

Ro"d Project wilh the compnsition of following cells in the 0'0 tile Chief Engineer, PWD. (ARIASI' & RIDF) Ii"

purr""" of study and a.ssessment of various impacts fOf the schemes under Assllm Slate Road Project under the

guidance of Chief Engineer, PWD, ( ARLIISP & RlDf) w'lh immedinte effect and unlll further orders,

rile Excwr;,c Engineer, PWD, Aller (Assam State Road Pr~iect) will act as Nodal Officer in respect of

tht" fblh)wing CeUs

I. PROCUREMENT CELL

•. Sri Diganta (iQswami,

h, Sri Suman Roy,

c, Sm!i S.njita Bodo,

d, Sri Chand Choudhury.

II. ENVIRONMENTAL CELL

n. Sri SllntanOQ Bhattacha~iee,

b, Sri I'radip Upadhyaya.

c, Smti Nikumoni Bora.

d. Sri Debajit Sl1ilrma.

!II. SOCIAL MANA(;EMf:NT CELt,

a, Slllti Milali ChoudhUl,)',

b, Sri Nay"" Jyoti Bannan.

c, Smti Pallav; Chakravuny,

d, Sri Oilip Das,

e, SHui Madhurirna Bama.

f Sri Ajitel1drn Sanna.

IV. DESIGN f TECHNICAL CELL

d. Sri DIga.nta Goswam i.

b, Sri Amarjyoti nus,

c, Sri Nabaj)ioti Choudhury.

,t Sri Jim Saiki ...

e, Smti Sncha Saiki ••

AIlE(C)

AE(C)

AB(e)

AEK)

BE(M)

AE(M)

JE(M)

Environmental Consultant

AEE(C)

AEE (M)

AE (C)

AE(M)

JE (C)

Social Consultant

ARE (C)

AE(C)

AE(C)

AE(C)

AE(C)

V. FINA,'KIAL MANAGEMENT CELL

u, Sri Apollo Talukdar. AAD

b, Fit1lU1cial Management Consultant

VI. GENERAL ESTABLISHMENT

a, Sri Saniliram Kalita

Sd!· M, C. Boro

Memo No. RBEll. 19JIl008fI8·A

Commissioner &. Spl. Secretary to the GoV!. of Assam

l'1Jblic Works Roads Department (Eslt -- B) l~rMch

Otd, Dispur. the 27" of April, 20 II

Copy to (he 1. P.S. to AddL Chief Secretary (Works), Assam, Dispur.

2, 1'$, to Commissioner & Spl. Se~Tetary. PWRD. Assam, Dispur.

l Chief Engineer, PWD (R) I ARIASI' & RIDF, Assam, Guwahati· 3

4. Publish~'t Assam GoV!. Press, Guwahati 21 for publication in the

Aym Gazette.

J'Officers concerned,

By order etc

l. . ~" ~i~\ Dnder Secretary 10 lhe Gov!. of Assam

81 No

Annexure 6-2: HIRING OF NGO'S SERVICES FOR ASSAM STATE ROADS PROJECT

TERMS OF REFERENCE

1. BACKGROUND OF THE PROJECT

The Government of India has requested the assistance of the World Bank for the improvement of State Highways and Major District Roads in the State of Assam. The aim of the Assam State Roads Project is to improve the performance of the State's road transport sector. The project will improve road conditions and capacity of the state road network along with development of in house capabilities of the Public Works Department (PWD) to plan, develop and maintain the Assam road network.

The roads to be developed have been selected from those identified for improvement/heavy periodic maintenance under a strategic option study (SOS) for state highways. Civil works for a combination of road widening/upgrading and pavement rehabilitation/strengthening (within the existing Right of Way (RoW)) of about 1200 km high priority core network roads including bridges and road safety engineering measures. The project will be taken up in phases, and the first phase covers about 300km. Map of the Project roads (Phase I) is given in Appendix 1.

Most of the road improvements will be confined to public land Le. the existing Right of Way (ROW) which is controlled by the PWD. However, road improvements include realignment of the road at some locations, which will involve expropriation of land from the current owners/users. The project improvement will also necessitate the eviction of squatters and removal for agricultural encroachments from within the RoW. Expropriation of land, eviction of squatters and removal of agricultural encroachments may cause social disruption and economic loss for project affected persons (PAPs) and their families. It is therefore important that disturbances and losses of PAPs due to project are minimized through proper planning.

It is against this background that PWD has carried out a social assessment of Project Affected persons (PAPs) on 500 kms of project roads under Phase-1 and prepared a Resettlement Action Plan (RAP). The encroachers and title holders of various types of properties were identified in the social assessment and a detailed Action Plans prepared for the resettlement and rehabilitation of displaced persons. The R&R policy containing entitlement packages for various categories of PAPs was prepared and approved by the GoA. To keep the negative impact to a minimum various measures were undertaken such as redesigning of project roads where large numbers of people are likely to be affected and avoidance of common properties from possible impact. These measures have considerably reduced the number of affected families. An overview of the potential impacts along the Project Roads is in Appendix 2. The RAP prepared fully complies with the requirements of the Government of India and World Sank. Successful implementation of the RAP is an important part of the overall project.

Assam PWD now invites the services of eligible NGOs under quality and cost based contracts to assist with implementation of the RAP. 3 NGOs will be contracted to implement the RAP, for the upper Assam, Lower Assam and Central Assam corridors.

Table 1: ASRP Stage - I Roads

Road Chainage Chain age

length Package No.

No District From To From To

(Km) , (Km) (Km)

BATCH-1

1 ASRP/P1 S1/1CB/SH-46/1 SH-46 Goalpara Dudhnoi Pancharatna 0.00 41.67 41.67

2 ASRP/P1 S1INCB/SH-3/2 SH-3 MOrigaon Morigaon Nagaon 67.20 102.33 35.13

3 ASRP/P1 S1INCB/SH-31 13 SH-31 Jorhat Jorhal Morioni 0.00 17.35 17.35

4 ASRP/P1 S1/NCB/SH-32/4 SH-32 Golaghal Borhola Goronga 37.30 49.83 12.53

-- .-- -~-~ --- ~vu,," -- - ,,_~ _~"''''''Y'O~ ... A-4

SI No

SA & SA for Assam State Roads Project PWD, Government of Assam

Road Package No.

No District From

Sub-total


Chainage Chainage Length

To From To (Km) (Km)

(Km)

I 106.7

BATCH-2

5 ASR PIP 1 S 1/1CB/SH-2/5 SH-2 Bongaigaon Chapaguri River Mana 0.00 33.50 33.50

6 ASRP/P1 S1I1CB/SH-2/6 SH-2 Barpeta River Manas Barpeta

34.00 61.00 27.00 Medical

7 ASRP/P1 S1/ICB/SH-22& SH-22 Dhemaji Gogamukh . Ghilamara 0.00 22.00 22.00

SH-42n SH-42 Lakhimpur Ghilamara Dhakuakhana 0.00 16.00 16.00

8 ASRP/P1S1/NCB/SH-45/8 SH-45 Sonitpur Soibari Sapekhati 0.00 11.0 11.0

Sub Total 109.30

i BATCH-3

9

10

11

ASRP/P1 S1/1CB/SH-3/9 SH-3 Nagaon Nagaon Naltali 102.33 142.65 40.32

ASRP IP1 S1/1CB/SH-3/1 0 SH-3 Kamrup Narengi Bhakatgaon 0.00 51.00 51.00

ASRP/P1S1/NCB/SH-2/11 SH-2 Barpeta Barpeta ! Barpeta

61.00 64.00 3.00 Medical ; Town

Sub-total 94.3

TOTAL 310.5

2. OBJECTIVES

The objectives of the NGO consultancy are to facilitate the resettlement process on Phase I of the Assam State Roads Project by:

1. Educating the PAPs on their rights, entitlements and obligations under the RAP. 2. Ensuring That PAPs obtain their full entitlements under the RAP. Where options are available, the

NGO shall provide advice to PAPs on the relative benefits of each option. 3. Assisting PAPs in the redressal of grievances through the system implemented as part of the RAP. 4. Collecting data and submitting progress reports on a monthly basis as well as quarterly basis (5 copies

each) to allow PWD to monitor and evaluate the implementation of the RAP. 5. Providing support and information to PAPs for income restoration. 6. Assisting the PAPs for relocation and rehabilitation. 7. Providing assistance in implementation of the Indigenous Peoples Development Plan, HIVIAIDS

campaign. Road Safety awareness campaign and implementation of gender development plan.

3. ROLES AND RESPONSIBILITIES OF THE NGO

The NGO will work as a link between the project authorities (PWD) and the affected community. The NGO will be responsible for assisting the PAPs during the resettlement and rehabilitation process and shall ensure that all of the provisions of the R&R Policy and the RAP with regard to the well being of the PAPs are implemented. The NGOs shall play a role of secondary stakeholder in implementation of the RAP and in mitigating the adverse effects of the Project. The NGOs shall remain responsible for the development of a comprehensive livelihood system to facilitate the PAPs to take advantages of the options available (as per the RAP).

Specifically, the selected NGOs will:

1. Develop rapport between the PAPs and the project authorities particularly the Social Management Cell of the PWD. This will be achieved through regular meeting with both the District R&R Cells and the PAPs. Meeting with the District R&R Cells will be held at least fortnightly and meetings with PAPs will be held at least monthly. All meetings and decisions taken are to be documented.

2. Assist the District R&R Cell to undertake a public information campaign at the commencement of the project to inform the affected communities of:



(i) the need for LA and the need for eviction of squatters and encroachers (ii) the likely consequences of the project on the community's economic livelihood (iii) identifying PAPs and verifying on the basis of the census survey carried out and

facilitating the distribution of the identity cards (iv) the R&R policy and entitlement packages (v) Assist PAPs in getting the compensation for their land and properties acquired for the

project

3. Determine the entitlements of each PAP and compare it to the offer being made by the District R&R Cell. If there is a discrepancy, between the two, the NGO will be responsible for assisting the PAP in coming to some agreement with the District R&R Cells and, if necessary, pursuing the matter through the grievance red ressa I mechanism.

4. Help PAPs identify suitable land for re-Iocation and for agricultural purposes. The NGOs will identify with PWD and the Revenue Department suitable government land and assist in negotiating its transfer to the PAP. Where suitable government land is not available, the NGO will assist the PAP to locate a landowner willing to sell his land and will assist in the negotiation of the purchase price.

5. Ensure benefits due to the PAPs under R&R policy and RAP are provided to the PAPs. From the policy and the RAP, the NGO will determine the entitlements of each PAP and compare it to the offer being made by the District R&R Cell. If there is a discrepancy, between the two, the NGO will be responsible for aSSisting the PAP in coming to some agreement with District R&R Cell and if necessary, pursuing the matter trough the grievance redressal mechanism.

6. Help project authorities in making arrangements for the smooth relocation of the PAPs and their business. This will involve close consultation with the PAPs to ensure that the arrangements are acceptable to them.

7. Ensure proper utilization by the PAPs of various grants available under the R&R package. The NGO will be responsible for advising the PAPs on how best use any cash that may be provided under the RAP. Emphasis will be placed on using such funds in sustainable way e.g. purchasing replacement land for that acquired.

8. Assist PAPs in getting benefits from various government development programs particularly for house construction. There are a number of government housing and training programs for livelihood programs that can be used by PAPs. The NGOs will investigate the availability of places in these programs and shall inform the PAPs of the opportunities that exist and their relative merits. The NGO will co-ordinate the training programs for sustainable livelihood and assist in developing the required skills for livelihood rehabilitation. The NGO shall co-ordinate with the Revenue Department and other government departments and other NGOs working in the area to ensure that all of the options available to the PAP are known and can be communicated to them.

9. Help PAPs in the redressal of their grievances. The NGO shall make PAPs aware of the grievance mechanism set out in the RAP and shall assist PAPs who have grievance to pursue a suitable remedy.

10. Develop micro level plans for resettlement and rehabilitation (R&R) in consultation with the PAPs and the District R&R Cells. A plan shall be prepared and agreed for each PAP and will include such thing as:

a) list of options open to and the choice made by the PAP. The NGO will explain to the PAPs the options available for their R&R and assist them in making their choices

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EA & SA/or Assam State Roads Project PWD, Government 0/ Assam


b) site for relocation

c) a list of benefits due to the PAP

d) arrangements for moving

e) proposed utilization of any grant moneys due to the PAP

f) involvement of PAP in existing government development programs

g) update information available of PAPs. PWD will be monitoring the implementation of the RAP and will require data from the NGO to monitor input, output and impact indicators.

h) Any other responsibility as may be assigned by the District R&R Cells for the welfare of the affected community.

11. HIVlAIDs and awareness Campaign- will create awareness among road users (especially Truckers), schools, colleges and commercial sex workers regarding HIV/AIDS/STDs and will also identify/confirm incidents of commercial sex on the project routes. The NGOs shall prepare the social networking map of the sex workers. The State level and District level AIDS control organizations activities will be linked by the NGOs in developing the HIV/AIDs campaign.

12. Road Safety- Will create awareness among the local population in the built up areas regarding the Community Road Safety during construction through local consultations! campaigns/ workshops. The activities described below shall be followed for the road safety campaign.

• Preparation of road safety campaign plan for each of the contract package • Identification of the institutional players holders involved in road safety related activities within

project area. • Identification of the target groups/institutional/individuals in the locality • Preparation of road safety pamphlets and booklets, materials to be distributed • Conducting public consultations on road safety issues along with PWD • Preparation of road safety slogans for advertising in radio/newspapersfTVs • Educating the workshops for the community. • Distribution of road safety materials to the publici institutions/NGOs • Conducting human chains, cultural programmes and road shows, • Road safety campaign through media (news papersllocal TV channelsl Radio) • Assess the road safety requirement of the community from the project

13. Training for Women skill development. Will prepare the micro level plans for the implementation of the activities explained in gender development plan for the livelihood support and training for the skill development. The NGOs will prepare micro plans for the skill development and livelihood support of the Women through Shelf help groups.

14. Indigenous Peoples Development Plan: Will work as an interface between the ASRP and the tribal community. They will train / orient the tribal community on planning, formulation, preparation and execution of annual action plan. The NGOs will assist the PIU in implementation of the skill development training programmes and establishing the infrastructure facilities provided for the tribal villages.

4. DESCRIPTION OF KEY ACTIVITIES TO BE CARRIED OUT BY THE NGO IN RAP IMPLEMENTA TION

In addition to the roles and resp~nsibilities of the NGO highlighted in the previous section of this ToR, this section details the major tasks to be carried out by the NGO as part of the RAP implementation.

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4.1 Identification and Verification of Affected persons

The NGO shall undertake a survey of the project affected area and shall update the information on the Eligible PAPs and project-affected families (PAFs). The NGO shall verify the information already contained in the RAP and the individual losses of the PAPs. The NGO shall establish Rapport with PAPs, consult them, provide them information about the respective entitlements as proposed under the RAP, and distribute Identify Cards to the eligible PAPs. An identity card will include a photograph of the PAP, the extent of loss suffered due to the project, and the choice of the PAP with regard to the mode of compensation and assistance (if applies, as per the RAP).

The NGO shall prepare a list of the project-displaced persons/families (PDPs/PDFs) for relocation, enlistment the losses and the entitlements as per the RAP, after verification. It shall also prepare a list of the project affected persons/families (PAPs/PAFs) enlisting the losses and the entitlements as per the RAP, after verification.

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

PartiCipatory methods will be applied in assessing the needs of the PAPs, especially with regard to the vulnerable groups of PAPs. The methods of contact may include (i) village level meetings; (ii) gender participation through group interactions; (iii) individual meetings and interactions.

While finalizing the entitled persons (EPs) for compensation/ assistance the NGOs shall make a list of entitled PAPs, and distribute identity Cards to each and every verified eligible PAP.

4.2 Post Design Consultation

NGO contracted shall also be responsible for post design consultation with the community for disclosure of designs for specific measures at individual level.

4.3 Counseling the Entitled Persons

The counseling shall include the following activities by the NGO:

• The NGO shall explain the PAPs the need for land acquisition, the provisions of the policy and the entitlements under the RAP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the time frame for their removal and their entitlements as per the RAP.

• Distribution of the R&R Policy and the translated version of the policy (in local language, if required) for each and every PAP to make them understand the entitlement packages in correct perspectives.

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

• The NGO shall initiate micro-level plans for income restoration, in consultation with the PAPs. Women's perceptions are important to be incorporated in the development of these plans.

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

4.4 Disbursing the Assistances

• The NGO shall determine and document the entitlement of each of the PAPs/PAFs on the basis of the RAP and compare it with the District R&R Cell. In case of discrepancies, the NGO shall try to resolve it in consultation with the District R&R Cell on the basis of the Policy guidelines or take up the matter to the Grievance Redressal Committee.

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• The NGO shall assist the project authorities in ensuring a smooth transition (during the part or full relocation of the PAPs/ PAFs), helping the PAPs to take salvaged materials and shift with proper notices. In close consultation with the PAPs, the NGO shall inform the District R&R Cell about the shifting dates agreed with the PAPs in writing and the arrangements desired by the PAPs with respect to their entitlements.

• The NGO shall assist the PAPs in opening bank accounts, explaining the implications, the rules and the obligations of a joint accouts 1, and how she/he can access the resources she/he is entitled to.

• The NGO shall ensure proper utilization of the R&R budget available for each of the packages. The NGOs shall ensure that the PAPs have found economic investment options and are able to restore against the loss of land and other productive assets. The NGO shall identify means and advise the District R&R Cell to disburse the entitlements to the eligible persons/families in a manner that is transparent, and shall report to the Assam PWD on the level of transparency achieved in the project.

4.5 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 package2

,

• The NGO shall make the PAP aware of the grievance redressal committees (GRCs). • The NGO shall train the PAPs on the procedure to file a grievance application and to confirm that a

statement of claim form the concerned PAP accompanies each grievance application. The NGO shall help the PAPs in filling up 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 the same to the notice of the GRCs within 7 (seven) days of receipt of the grievance from the PAPs. It shall also submit a draft resolution with respect to the particular grievance of the PAP, suggesting multiple solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC.

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

4.6 Assisting the EPs and the District R&R Cells Identify and negotiate for the new Land for Resettlement

• As part of the RAP, it is proposed that a sizable number among the eligible PAFs will receive alternative land (and residential/commercial) building structures. Some of the more vulnerable among the PAFs will be eligible to receive these free of cost. Regarding these, the NGO shall,

• Obtain the PPA's choice in terms of (i) land identification; (ii) site for relocation; (iii) shifting plan and arrangements; (iv) grant utilization plan; (v) community asset building plan and institutional arrangements in maintaining the assets.

• Assist the PAPs/PRO in identifying suitable land for relocation and for agriculture, ensuring the replacement of the land lost in terms of quality and quantity.

• Identify suitable government land in consultation with the Revenue Department Officials and assist in negotiating its transfer to the PAPs/PRO. Where Government land is not available, the NGOs shall encourage and negotiate with the willing private landowners to sell the land to the PAPs/District R&R Cell at reasonable prices and motivate them to appreciate and welcome the new neighbors.

4.7 ASSisting the eligible PAPs to take advantage of the existing Government Housing and Employment Schemes

With regard to the above, the NGO shall:

• Coordinate (and impart wherever required) the training and capacity building of the PAPs, 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.

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• Help the PAPs in realizing and optimizing the indigenous technology knowledge (ITK) through use of local resources.

• Define, evolve and explore alternative methods of livelihood using the local skill and resources. • Contract financial institutions like NABARD, SIDBI and the Lead bank of the area in accessing the

credit required by the individual as well as groups of PAPs and the woman's groups from the PAFs. The NGO shall maintain a detailed record of such facilitation, and plan for each PAF to repay the loan.

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

4.8 Representing the EPs in Market Value Assessment Committee

• Market Value Assessment committees will be established at the district level to evaluate the actual market price of the properties in the areas where acquisition of landfor structures is necessary. The project will assist the eligible PAPs/PAFs towards the difference between the assessed market price and the compensation award. The NGO shall represent the entitled persons (EPs) in the committee to ensure that a fair assessment takes place.

4.9 Inter-Agency Linkages for Income Restoration and other R&R Services

The NGO shall be responsible for establishing linkages with

• Financial institutions for faCilitating the PAPs to access credit; • Government departments, district administration, etc. to ensure that the PAPs are included in the

development schemes, as applicable; • Training institutes for imparting skill and management training for enterprise creation and development. • The NGO will identify the Tribal/women/Other PAPs willing to get training at the time of issue of identify

card to PAH. During the process the NGOs will consult the PAPs regarding their interested area of training. The NGO will submit the list of PAPs to the office of the chief engineer 'for forwarding to the training institutes identified. The NGOs will request the PIU for disbursement of payment to the training institute once the list of enrolment agreed by the training institutes. The PIU will directly make payment to the training institutes. The monitoring of the training activities will be carried out by the NGO. The monthly progress report of the training activities will be done by the NGO as part of their monthly progress report submitted to the PIU. At the end of the training programmes the NGOs will submit the details of PAPs benefited by the programme.

4.10 Monitoring and Evaluation

The RAP includes a provision for mid-term and post project monitoring and evaluation by external consultants. The NGOs involved in the implementation of the RAP will be required to supply all information, documents to the external monitoring and evaluation consultants. To this end, the NGOs 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 preintervention and the post intervention scenario of all the properties, structures and assets affected by the project.

4.11 Recommending for the Improvement of R&R Services

• Extend all services recommended by the additional studies3 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 disbursemenUextension of R&R services in the project.

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

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EA &SAforAssam State Roads Project PWD, Government of Assam


• Discuss with the Assam PWD on contingency management and other improvement of R&R services, within the project road.

4.12 Documenting of Task Carried out by the NGO and Evaluation of the Achievements of RAP

The NGOs selected for the assignments shall be responsible to

• Submit an inception report within three week; on signing up 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 PAPs/PAFs will maintain the assets created and transferred to the PAPs/PAFs.

• Prepare monthly progress reports to be submitted to the SMC, with weekly progress and work charts as against the scheduled timeframe for RAP implementation.

• Prepare and submit quarterly reports on a regular basis, to be submitted to the SMC. • Submit a completion report at the end of the contract period.

Reporting in writing as well as photographs, videotapes, etc .taken during the assignment shall be submitted in support of the reports. Accounts reports both on expenditure on administration as well as training, and other heads shall be submitted with the quarterly and the completion reports.

In addition to these above, the NGOs shall

• Prepare and submit separate descriptive reports on participatory micro-plans with full details of the Participatory Rapid Appraisal exercises conducted.

• All reports will be submitted in five copies each.

5. CONDITION OF SERVICES

The NGOs shall ensure that the RAP is implemented in an effective and proper manner. The prime responsibility of the NGO shall be to ensure that each and every eligible PAPs receive appropriate and justified entitlement and that, at the end of the project R&R services, the eligible PAPs have improved (or at least restored) their previous standard of living. Additionally the NGO shall help the Assam PWD in all other matters deemed to be required to implement the RAP in its spirit and entirety.

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 Assam PWD. No information gathered or generated during and in carrying out this assignment shall be disclosed by the NGOs without explicit permission of the Assam PWD.

6. TIMEFRAME FOR SERVICES AND PAYMENT SCHEDULE

The NGOs will be contracted for a period of three years from the date of commencement, with a withdrawal methodology in built into the proposals from the NGOs.

51. No. Payment schedule Percentage of the Contract Value

1 After acceptance of letter of Award and submission of Inception Report 5%

2 On completion of verification & consultation exercise and submission of 15% updated data on PAPs and review of the same by client

3 On submission of micro level plans 15%

4 On substantial completion of Relocation process 10%

5 On completion of Relocation Process 10%

6 On completion of Rehabilitation Process 15%

7 On submission of Final Completion Report 30%

I



7. TEAM FOR THE ASSIGNMENT

NGOs are free to recommend a team commensurate with the requirements of the project, subject to the following conditions:

• That the proposal shall accompany a personnel deployment schedule. • That the NGOs 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 in the assignment.

• That the woman key persons, if selected for the contract, may be replaced during the period of contract, only with woman key persons of equivalent qualifications and experience, with the prior approval of the competent authority of PMU, Assam State Roads Project.

• That the NGOs will depute a technical/professional team to work at the site. which will consist at least 33% of women members. Junior support personnel and administrative staff will not be considered as technical/professional members.

Consultants are required to furnish CVs for the following key profeSSional staff:

1. Social Scientist Cum Team Leader 2. Community participation Cum Gender Specialist 3. Civil Engineer Cum Valuer 4. Income Restoration Specialist 5. Road safety specialist 6. HIV/AIDs campaign specialist

7.1 Broad qualification and experience requirements for key profeSSional staff

(i) Social Scientist cum Team Leader

A post- graduate in social Sciences with a minimum of 10 years professional experience, of which a minimum of 4 years shall have been in the similar position.

Experience shall include experience in (i) leading and supervising multidiSCiplinary teams engaged in socioeconomic development / resettlement and rehabilitation activities; (ii) knowledge of multidisciplinary action research/surveys; (iii) ability to demonstrate personal integrity and create a transparent and accountable work environment.

(ii) Community Participation cum Gender Specialist

A graduate in social sciences/ community studies with a minimum of 5 years professional experience, of which a minimum of 3 years shall have been in the similar position.

Experience shall include (i) Through knowledge of gender issues and their implications in development project; (ii) research and work experience relating to gender issues; and (ii) knowledge of the techniques and their application in mobilizing community participation in development programs.

(iii) Civil Engineer cum Valuer

A graduate / diploma holder in Civil Engineering from a recognized institute with a minimum of 5 years experience, of which a minimum of 3 years shall have been in the field of buildings construction and evaluation of the buildings & allied structures.

Experience shall include through knowledge of building components, measurement methods, calculation of quantities of different items, working out schedule rates and preparation of drawings of the existing/ new structures.

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INDIGENOUS PEOPLES DEVELOPMENT PLAN NOVEMBER,2.011

(iv) Income Restoration Specialist

A graduate in social sciences! community development with a minimum of 10 years professional experience, of which a minimum of 5 years shall have been in the similar position.

Shall have (i) knowledge of Income Restoration schemes of Government of India and shall have experience of successful implementing of Income Restoration schemes in other similar projects (ii) experience of conducting training in micro entrepreneurship for small! large groups and shall have the ability to document the process (iii) experience of creating small/large self help groups in the community.

(v) Road Safety Specialist

A graduate in Civil Engineering from a recognized institute with a minimum of 5 years experience, of which a minimum of 3 years shall have been in the field of Road Safety and related areas.

Experience shall include through knowledge of traffic management, experience in conducting road safety training, involvement in community based awareness programmes

(vi) HIV/AIDS Campaign Specialist

A post graduate in social work/psychology/Sociology fHuman DevelopmenUAnthropology) or Post Graduate Diploma in Health Management with a minimum of 5 years professional experience in the similar position.

Substantial knowledge and experience on developmental aspects of HIV/AIDS. related policies, strategy development, and programming, including targeted interventions for vulnerable groups.

8. MONITORING OF RAP IMPLEMENTATION

The monitoring of the R&R implementation will be carried out by the PWD based on the indicators developed for various activities given in the RAP and IPDP documents prepared for the project. The list of monitoring indicators is given in table below, and shall be further detailed during the course of the RAP. The NGO shall develop its own reporting formats with respect to these indicators.

Table 2: Monitoring Indicators for R&R implementation

SI. No. Monitoring Indicators R&R Implementation

1. Monitoring Indicators for • Wet land acquired (ha) from private owners Physical Progress • No of PAHs paid compensation for acquisition of private landed

properties

• No of PAHs provided with Assistance for developing land

• No of PAPs provided Resettlement site for housing

• No of PAHs provided with subsistence allowance

• No of PAPs received Transactional allowance

• No of PAPs received rehabilitation grants

• No of tribal PAPs received livelihood assistance/training

• No of Women PAPs received livelihood assistance/ training

2 Monitoring Indicators for • The reinvestment of compensation by the PAPS income restoration • No of Earning PAPs members after rehabilitation

• No of PAPs got new employment opportunities after receiving training support from project

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51. No. Monitoring Indicators

• •

•


R&R Implementation Monthly income after rehabilitation No of women self help groups formed for income generation activities. No of Tribal PAPs get new income opportunity.

i 3 Implementation of HIV AiDs • No of advertisement given in Mass Media (TV, Radio and News

i

papers)

• Copy ofthe IEC material production, replication & newsletter

• No of Road users received to the Road users and Sex workers benefited through campaign

• No of condom machines installed and units distributed

• No of people living with HIV/AIDS interacted No of schools and collages covered in the campaign activities

• No of Sex worker identified and assisted 4 Implementation of Road • No of times road safety materials issued to at the community

Safety level! institutional level

• No of Workshops conducted on road safety issues

• No of participants attended the workshops

• No of road safety shows/cultural events

• No of advertisements given in news medias

• No of participants in each programmes conducted for the project. 5 Implementation of • No of Women Self Help Group Developed

Gender Development Plan • No of Women PAPs affected and received compensation and assistance

• No of Women PAPs got employment training

• No of Women PAPs provided Jobs in the project activities

• No of women PAPs received loan for self employment

• No of women PAPs participated in consultations by NGO/PIU 6 Implementation of • No of Tribal PAPS received compensation and assistance

IPDP • No of Tribal PAPs received employment opportunities

• No ofTribal Villages got road side drainages,

• No of Tribal Villages got road side lights

• No tribal PAPS received assistance from other government programmes

• No of Tribal PAPs received loans from financial institutions

• No of consultations held with the tribal community/PAPs

9. DATA TO BE PROVIDED BY THE CLIENT

Client will provide to the Consultants (NGO) the copies of census data, Resettlement Action Plan, Land Acquisition Plan etc. collected/prepared by the design consultants/social experts/ PWD

10. COMPOSITION OF REVIEW COMMITTEE TO MONITOR NGOS WORKS

A reviewing committee consisting of the following officers of the Assam PWD shall review the progress of the work and reports to be submitted by the NGO:

1.

2.

3.

Superintending Engineer, PMU,P.W.D., Guwahati

Representative of District R&R Cell

Executive Engineer, PWD of the concerned division ..... .

Chairman.

Member

Member

I

I

Annexure 6-3: Layout Plan for the Construction of the Community Center

I';P

LL

Community Center Plan

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DETAILS OF TIE BEAMS (SIZE~250X4lli (Not to Scale)

DETAILS OF lIE BEAMS (SIZE-2S0X300) llioLto Scale)

H250

TI SEC:1-!

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EA & SA for Assam State Roads Project INDIGENOUS PEOPLES DEVELOPMENT PLAN PWD, Government of Assam

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2-120 // 4-160/ Plan (2S0X2S0) 60@ 12SC/C

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DETAILS OF SLAB lOOmm thick (Not to Scale)

NOVEMBER,2011

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Assam Road Eia Pwd

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