Mizoram State Roads II- Regional Transport Connectivity ... · PDF fileMizoram State Roads II-...

Mizoram State Roads II- Regional Transport Connectivity Project

(funded by The World Bank)

SOCIAL MANAGEMENT FRAMEWORK

JANUARY 2014

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Mizoram State Roads II – Regional Connectivity Project Social Management Framework

TABLE OF CONTENTS

1.0 Project Overview ...................................................................................................................................1

2.0 Socio economic Profile of Mizoram .....................................................................................................1

3.0 Social issues in Group I project roads .....................................................................................................4

4.0 Legal and Regulatory Framework .........................................................................................................6

5.0 Social Management Framework ...........................................................................................................8

6.0 Preparation of SIA and R&IPDP ....................................................................................................... 20

7.0 Gender Analysis ................................................................................................................................. 21

8.0 Local Trade and Production Enhancement Strategy .......................................................................... 22

9.0 HIV Awareness and Prevention Strategy ........................................................................................... 23

10.0 Consultations and Participation Framework ..................................................................................... 24

11.0 Information Disclosure ...................................................................................................................... 25

12.0 Institutional Arrangement .................................................................................................................. 25

13.0 Training and Capacity Building ......................................................................................................... 30

14.0 Grievance Redressal and Complaints Handling Mechanism ............................................................. 31

15.0 Monitoring and Evaluation (M&E) .................................................................................................... 33

16.0 Resettlement Budget .......................................................................................................................... 34

17.0 Revision/ Modification of SMF ......................................................................................................... 34

Annexures

1 Census & Socio-economic questionnaire

2 Local trade and livelihood enhancement Strategy

3 HIV/AIDS Risk Assessment and Implementation Strategy

4a Consultation checklist

4b Consultation framework

5 Suggestions and Complaints Handling Mechanism (SCHM)

6 Reporting

Appendices

Minutes of Meeting of Workshop of Stakeholder’s Consultation on Environment and Social Management Framework of MSRP II and list of attendants

Public Works Department, Government of Mizoram i | Page


ABBREVIATIONS

AE Assistant Engineer BSR Basic Schedule Rates CADC Chakma Autonomous District Council CPR Common Property Resource CSC Construction Supervision Consultant DAPCU District AIDS Prevention and Control Units DPR Detailed Project Report E&S Environment and Social EC Environmental Clearance EIA Environment Impact Assessment EMP Environment Management Plan EP Eligible Person GRC Grievance Redressal Committee GRM Grievance Redressal Mechanism HIV/AIDS Human Immunodeficiency Virus/ Acquired Immunodeficiency Syndrome LA Land Acquisition M&E Monitoring and Evaluation MAW Minimum Agricultural Wages MEH Minimum Economic Holding MHIP Mizo Hmeichhe Insuihkhawn Pawl MGNREGA Mahatma Gandhi National Rural Employment Guarantee Act MoEF Ministry of Environment and Forest MSACS Mizoram State AIDS Control Society MSRP Mizoram State Roads Project NABARD National Bank for Agriculture and Rural Development NE North East NGO Non-Government Organization NH National Highways NREGA National Rural Employment Guarantee Act NRLM National Rural Livelihood Mission NRRP National Rehabilitation and Resettlement Policy NTHs Non-title holders PAF Project Affected Family PAH Project Affected Household PAP Project Affected Person PBG Project Beneficiary Group PD Project Director PDP Project Displaced Person PIU Project Implementation Unit PLHIV People Living with HIV PMRY Pradhan Mantri Rojgar Yojana

Public Works Department, Government of Mizoram ii | Page


PWD Public Works Department R&IPDP Resettlement and Indigenous Peoples Development Plan R&R Resettlement and Rehabilitation RAP Resettlement Action Plan ROW Right of Way RRM Resettlement and Rehabilitation Manager RSMP Road Sector Modernization Plan SCHM Suggestion and Complaint Handling Mechanism SDE Sub-Divisional Engineer SDS Social Development Specialist

SGSY Swarnajayanti Gram Swarojgar Yojana SHG Self Help Group SIA Social Impact Assessment SLAO Special Land Acquisition Officer SMF Social Management Framework SMSes Short Message Services ToR Terms of Reference TSU Technical Support Units U/s Under Section ULBs Urban Local Bodies VC Village Council VCP Village Council President WHH Women Headed Household YMA Young Mizo Association ZRM Zoram Upa Pawl

Public Works Department, Government of Mizoram iii | Page


1.0 Project Overview

Mizoram with an area of 21081 sq kms is located in the north-eastern part of the country between 22o 19’ to 24o 19’ North latitudes and 92o 16’ to 93o 26’ East longitudes covering a geographical area of 21081 sq. kms. It is a landlocked state surrounded by Myanmar in the east, Manipur and Assam in the north, Tripura and Bangladesh in the west and again Myanmar in the south. It has a total of 722 km boundary with Myanmar and Bangladesh. Geographically, it is 277 kms from north to south, and 121 kms from east to west.

The location of Mizoram along with mountainous terrain has a pleasant climate. It is generally cool in summer and not very cold in winter. During winter, the temperature varies from 11o C to 21o C and in the summer it varies between 20o C to 29o C. The entire area is under the direct influence of the monsoon. It rains heavily from May to September and the average rainfall in Aizawl is 208 cm. Mizoram has great natural beauty and endless variety of landscape and is very rich in flora and fauna. Almost all kinds of tropical trees and plants thrive in Mizoram.

The Government of India requested the World Bank for financing of roads in the State of Mizoram. The Project Development Objective is to improve intra-state connectivity for Mizoram residents and regional road connectivity for Mizoram and North East (NE) India to Bangladesh and Myanmar. The project includes the civil works and technical assistance components. It will also continue to provide and build upon the institutional support and capacity that commenced under the Mizoram I Roads Project. The Public Works Department (PWD) of Mizoram is the principal agency for execution and maintenance of road and bridge works.

The proposed project will assist the Public Works Department, Govt. of Mizoram to develop roads with a total length of 450 km in a phased manner. These roads traverse across four districts namely, Lunglei, Champhai, Mamit and Lawngtlai in the state. It is proposed to develop these roads to 2-lane National Highways standard (roadway width of 12m – comprising 2-lane carriageway width (7m) and shoulders of 2.5m on either side of the carriageway). Upgrading of project roads will be undertaken mostly on hill side (approximately 15 mtrs. from the centerline on the hill side and 9 m on valley side). Bypasses and realignments are proposed to avoid adverse impacts in view of linear settlements along the road and also to address safety concerns.

Project road sections are grouped as under:

Table 1 – Proposed Project Roads under MSRP II – Regional Transport Connectivity Project Group/Project 1 District(s) Length

i. Lunglei - Tlabung - Kawrpuichhuah Lunglei 87.9 km, (E-W road to Bangladesh border) ii. Champhai – Zokhawthar Champhai 27.5 km, (E-W road to Myanmar border)

iii. Chhumkhum-Chawngte Lunglei 41.7 km, (part of original N-S road alignment)

Group/Project 2 i. Junction NH44A (Origination) –

Chungtlang – Darlung – Buarpui Mamit & Lunglei

83 km

ii. Buarpui – Thenlum – Zawlpui Lunglei 95 km iii. Chawngte including bridge to Bungtlang

South up to Multimodal Road junction Lawngtlai 76 km

iv. Zawlpui – Phairuangkai Lunglei 30 km

2.0 Socio economic Profile of Mizoram

Mizoram is the cradle of diverse communities like the Lusei, Ralte, Paite, Bete, Powi, Lakher, Hmar, Riang, Tlanglau, Pangs, Bawm, Bru, Chakma and others. They are mostly of Mongoloid race. The entire population is designated as “Scheduled Tribes”, as per Schedule VI of the Constitution. The Mizos are a close-knit society with no class distinction and no discrimination on grounds of sex. Ninety percent of them are cultivators and the village exists like a big family. Birth of a child, marriage in the village and death of a person in the village or a community feast arranged by a member of the village are important occasions in

Public Works Department, Government of Mizoram 1 | Page


which the whole village is involved. Mizo society is a patriarchal society and the male head of the family control the social economic and religious affairs. However, women in social life enjoy freedom and are engaged in various economic activities. Christianity is predominant religion of the state. The inhabitants are mostly Christians followed by Buddhists, Hindus, Muslims and others.

As per Census 2011, the state has a population of 10,97,206 comprising 50.61% male and 49.39% female populations. The sex ratio stands at 976 females per thousand male population. The decadal growth of population was 23.48% during 2001-2011. The population in the age group of 0-6 years constitutes 15.36% of the total population. The Scheduled Caste population comprises 0.11%, whereas tribal population constitutes 94.43% of the total population. The population density is 52 persons/ sq. km as compared to 382 persons/ sq. km at national level (Census 2011).

The literacy rate (91.33%) of Mizoram is one of the highest in the country. In Census 2011, gender wise literacy rates were 47.22% (male) and 44.11% (female), implying a difference of 3.11% only. Workers constitute 44.36% of the total population. Of the total workers, main workers and marginal workers comprise 85.27% and 14.73% respectively. Among main workers, those engaged in agricultural activities comprise 55.18%. Non-workers constitute 55.64% of the total population indicating high dependency ratio. Urban population of Mizoram is more than 50% and a large majority of urban population are residing in Aizawl (See Table 2).

Table 2 – Socio-Economic Profile of the State and Project districts Indicators Mizoram Lunglei Champhai Mamit Lawngtlai

Area (sq. km.) 21081 4536 3185 3025 2557 Households 222853 33058 25520 17731 22984 Population 1097206 161428 12745 86364 117894 Male % 50.61 51.35 50.41 51.91 51.40 Female % 49.39 48.65 49.59 48.09 48.60 Sex Ratio 976 947 984 927 945 Density per sq.km 52 36 39 29 46 Decadal Growth rate 23.48 17.64 16.65 37.56 34.59 Literacy Rate %

Overall 91.33 88.86 95.91 84.93 65.88 Male 47.22 47.33 48.94 46.53 38.20

Female 44.11 41.53 46.97 38.40 27.69 Child Population 0-6 years 15.36 15.56 16.42 17.94 19.07 SC % 0.11 0.11 0.01 0.06 0.12 ST % 94.43 95.11 98.19 95.04 95.30 Workers (% of total population) 44.36 48.50 47.99 45.55 38.65 Male workers (% of total workers)

59.74 59.05 56.56 61.05 62.58

Female workers (% of total workers)

40.26 40.95 43.44 38.95 37.42

Main workers 85.27 79.21 88.02 91.98 83.58 Cultivators 48.80 56.06 67.53 74.44 66.71 Agriculture 6.38 10.68 6.96 5.42 3.84 Household 1.32 0.92 1.23 0.55 1.08

Others 43.51 32.34 24.27 19.58 28.37 Marginal workers 14.73 20.79 11.98 8.02 16.42 Non-workers 55.64 51.50 52.01 54.45 61.35

Land within Mizoram is in the customary ownership of the communities. Village land falling within the jurisdiction of a village is controlled by the Village Council while land distribution is done as per the customary practice of the community and villagers. But this customary community ownership of land with community is now undergoing certain modification to meet the needs of changing land use opportunities.



Terrace and valley land is considered as private land with permanent, heritable and transferable rights through the issue of land settlement certificate (title) by the competent authority. Most of the villages have permanent Pass or Land Settlement Certificate (LSC) issued by the Revenue Dept., Govt. of Mizoram for their housing; whereas they have periodic pass issued by Village Council for their farming. These are explained below:

• Village Council has the power to give land on term basis. The validity of this term is three years and can be renewed after three years, if the land has been utilized. Based on the effective utilization of the land the owner can obtain Periodic Patta from the Department of Revenue. After three years of holding periodic patta, they can apply for LSC. But the taxes levied for LSC is high. Therefore, people usually ask LSC only for house site.

• Periodic Patta is issued by the Revenue Department. The period of lease varies but usually the period of lease is three years i.e. the ownership is temporary. The owner of the land has to pay a tax of Rs. 50 every year

• Land settlement Certificate is issued by the Revenue Department. The holder of this certificate is the permanent owner of the land.

Mizos practice ‘Jhum Cultivation’ i.e. they slash down the jungle, burn the trunks and leaves, and cultivate the land. All their other activities, particularly their festivals revolve around the jhum operations and are connected with such agriculture operations. The Economic Survey indicated that 32% of the cultivated area was under jhum and only 20% of the demand for rice could be met within the state. This practice of Jhum cultivation is being discouraged by the state government with schemes like the New Land Use Policy1.

The specific poverty line for 2011-12 indicates that the monthly per capita for rural and urban areas in the state is Rs. 1066/- and 1155/- respectively. 20.40% of the total population is below poverty line as per Tendulkar methodology2. The poverty ratios are substantially lower than India as a whole (37.2%).

Despite high literacy rate, Mizoram, as a whole, is economically backward. This is largely due to unfavourable natural environment, poor and inadequate communication network. The mountainous terrain has more or less isolated the state from the rest of the country and also inhibited improved communications within the state. Further, it has substantial influence on agriculture (mainly subsistence agriculture by practicing traditional method of agriculture i.e., jhum cultivation/ slash and burn) which is the main source of livelihood of the people. The socio-economic profile is more or less confined to the tribal structure. The economy is agro-based and items produced in the households are primarily of low value and cater to the local needs.

Mizoram is one of the fastest growing economies among the states of India with an estimated per capita income of Rs 54,689/- during 2011-12, while the national per capita income during the same period was estimated at Rs 61,564/-. The HDI score of Mizoram for 2004-05 stands at 0.584 which is highest amongst the 8 north eastern states and ranks No. 1. Mizoram had the second highest Gross State Domestic Product (GSDP) growth during the 11th Five Year Plan (2007-2012) in Northeast India at 11% exceeding the target of 7.8% which is also much higher than the national average of 7.9%. During the 10th Five Year Plan (2002-2007), the GSDP grew at 5.7 percent. The service sector remained the dominating sector in the state's economy by contributing 58% to 60% during the past half a decade, while industry and agriculture sector contributed 20 - 22% and 18 - 20% respectively during the same period even as around 60 to 70% of the population depended on agriculture and allied sectors. Mizoram's economy grew by 10.37% in real terms in 2012-2013 over the previous year against the national growth rate of 5%.

Mizoram is facing a number of difficulties in the advancement of industries. Lack of means of dependable surface transport and poor accessibility is one of the major drawbacks. Other problems faced by the state were the poor mineral resources, non-availability of good infrastructure and communication facilities, shortage of capital and lack of modern skills. Mizoram is connected with a network of primary and secondary roads having a total length of about 6,840 kms. Of this, 4,430 kms (64.77%) are under state PWD, 1,790 kms (26.17%) under Border Roads Organisation and the remaining 620 kms (9.06%) are specific

1 A policy to help farmers move away from the traditional slash-and-burn method of cultivation. 2Press Note on Poverty by Planning Commission, Government of India, July 2013, ,



purpose link roads constructed by Rural Development, Agriculture, Horticulture, Soil Conservation and Forest Departments. While there has been 7.81% increase in road density in the state during the last ten years, the current road density of 33.44 kms3 / 100 sq. kms which is below India’s national average of 48.80 kms4 /100 sq. kms.

Livelihood opportunities prevalent in rural areas are limited to agriculture and other primary activities e.g. piggery, poultry, Bamboo. Lack of infrastructure facilities has constrained growth and diversification of alternative livelihood opportunities. The project is likely to boost access to markets, increased trade and thereby enable diversification of livelihoods. 3.0 Social issues in Group I project roads

Screening exercise was carried out for Group I project roads. In terms of existing road conditions and transport services, the existing configurations of the project roads to be developed are not uniform. Each road consists of stretches of single and intermediate lane with varying road formation width and without conforming to any standard / specification. Most sections of these roads have poor horizontal and vertical curves, distressed pavements, poor riding quality, inadequate capacity, narrow or weak cross-drainage structures, landslide prone area, blind curves, and accident black spots. Due to lack of maintenance, most drains are not up to the mark and shoulders are covered by bushes on the both sides of the roads. Modes of transport for movement of people are mainly by Sumo (Service Utility Vehicle). Frequency of Public transport or bus service is very limited. Details of each of the Group I roads are given below:

Lunglei-Tlabung-Kawrpuichhuah Road (87.830 Km): The road traverses across 10 villages namely Lunglei, Hauruang, Pachang, Phairuangkai, Rotlang, Lungsen, Sihphir, Tuichawng, Tlabung and Kawrpuichhuah. The existing road single lane road with formation width 5.2 meter without conforming any standard/specification and has steep gradient and sharp curves at various stretches. As a result, the heavily loaded trucks and large sized vehicles find it difficult to pass through these stretches safely. Since this road is the main route that provides connectivity between district town Lunglei to Indo-Bangladesh Boarder at River Sazuk Lui, it is expected to serve as one of the major international trade routes between India and Bangladesh for economic and cultural wellbeing.

Chhumkhum-Chawngte Road (41.646 Km): The road traverses across six (6) villages namely, Chhumkhum, Rangte, Lalnutui, Lungrang, Rualalung, Chawngte (also known as Kamalanagar) which is the headquarters of Chakma Autonomous District Council (CADC). The CADC was formed under the Sixth Schedule to the Constitution of India in 1972. It is an autonomous council for ethnic Chakma people living in South-Western Mizoram bordering Bangladesh and Myanmar. It has a land area of 1500 sq.kms and an estimated population of more than 100,000 comprising Chakma and Tongchangya schedule tribes. The CADC exercises executive power over specially allotted departments. People living in CADC area enjoy special safeguard granted by the article 273-G of the Constitution of India. The existing road which is 48 KM in length, has steep gradient and sharp curves/zigs at various stretches. It is single lane road with formation width of about 5 meters and does not conform to any standard/specification. The area is mountainous and hilly with a small strip of low lying riverine plain along the western side of the Chamdur Valley. Landslides are common especially during rainy season.

Champhai-Zokhawthar Road (24.630 Km): It traverses through 6 villages namely Khwankawn, Zotlang, Rauntalang, Mualkawi, Melbuk and Zokhawthar. The initial stretch of the existing road passes through heavily built-up areas besides steep terrains that are unstable and landslide prone area at many locations. This road will serve as connectivity between Champhai to Indo-Myanmar Boarder at River Tiau and it is expected to serve one of the major international trade routes between India and Myanmar. The road including diversions would reduce the distance between Champhai and International border with Myanmar by 2.5 km (existing road is 28 Km excluding spur road) and would benefit the neighbouring countries in terms of vehicle operating cost and travel time.

3 Source: Statistical Handbook, Mizoram, 2010 4 Road Development Policy, Public Works Department, Government of Mizoram, 2007


http://en.wikipedia.org/wiki/Chakma_people


Reconnaissance surveys by Environment and Social (E&S) Consultants and Drawings of DPR Consultants indicate the nature and extent of potential impacts. Land acquisition is involved in all the project roads as there is no PWD land available beyond the existing formation width. Preliminary Impact assessment of Group 1 roads indicate that the potential land acquisition would be for the purpose of road widening, realignments/ bypasses, accommodating road safety measures, junction improvements, approach to bridges and debris disposal. Additional land requirement for the Group I roads under the project is estimated to be 268 ha. About 143 hectares of land would be affected by Lunglei-Tlabung-Kawrpuichhuah Road while 71 ha and 54 ha of land would be affected by the Chhumkhum-Chawngte Road and Champhai-Zokhawthar Road respectively. Besides, about 740 structures – residential, commercial and residential cum commercial are likely to be affected by the project. In addition the project is likely to impact approximately 60-70 CPRs. Preliminary consultations were carried out in villages en-route the proposed project roads to elicit views, concerns and suggestions from the roadside communities (See Appendix 1 for minutes of the village meetings). A summary of these interactions is presented below:

Summary of Preliminary interactions with communities along Group-I roads of MSRP-II

Discussion points Responses, Reactions Views • existing roads are bad, very muddy during rainy season and very dusty in dry

season. • heard about the project through rumours

occupation/ livelihood

• occupation is mainly agriculture; products are mainly vegetables like brinjal, pumpkin, beans, ginger, banana, chilly, and mustard. They even transport these to the neighbouring villages.

• Other occupations include businesses along the road and wage earning. perceived benefits • good access road within the village is necessary to sell their products.

• Enable development of village • Result in increase in business opportunity; border trade will be easier • better access to towns and to other villages • increase in land prices

Perceived adverse impacts

• Diversion of the road away from the village will help reduce the project impacts but will affect their source of income.

Suggestions • Local people including them support the project, but they want compensation for their losses/acquired area of land and structures. Also want to have the project road passing through their village

• Villagers support the Project but prefer upgrading and widening of the existing road which goes through the village.

Concerns • one critical issue- there is an old stone pillar of ancient time that is cultural heritage preserved by the Art and Culture Department of Mizoram

• want their graveyard untouched • want to save Mangkhaia Hall (Melbuk village) • once the road is built, the speed of vehicle might be dangerous for the children at

the beginning Other issues • no child labour or cases of human trafficking; theft, robbery and such other

activities are prevalent. on-going development activities/ NGOs operational in the area

• Awareness programmes on HIV/AIDS have been conducted by MSACS and HIV/AIDS counsellors from Champhai, often visits to create awareness among the people. MHIP a women's association have conducted certain awareness campaigns on HIV/AIDS through Mizoram State AIDS Control Society (MSACS).

• Free clinic for the villagers have been run by doctors from Champhai Civil Hospital.

• Prominent organizations in their area are Young Mizo Association (YMA), Mizo Upa Pawl (MUP), KTP (Kristian Thalai Pawl).

• Self Help Groups (SHG) of both men and women are operational Overall Support • Local people are willing to participate in the Project activities

Likely positive impacts: The likely benefits include: increased accessibility to administrative units, health and education facilities, market centres, etc., smooth and faster transportation, and stimulate socio-economic



growth mainly in the project area and overall region.

Anticipated adverse impacts: Based on the preliminary surveys and interactions with the various stakeholders including communities in the project area, the following adverse social and economic impacts are envisaged: Loss of agricultural, homestead, commercial land that would be required for project purposes and

also for purpose of debri disposal; Loss of trees, crops; Loss of structures used for residential, commercial and other purposes e.g. cattle shed, poultry shed,

etc.; Loss of livelihood i.e., loss of livelihood due to impacts on sources of earning; Loss of other properties and assets such as boundary walls, fences, water pipes, ponds etc.; Loss of common property resources such as: i) land (shifting jhum land/fallow land) and ii) to

structures (religious places, graveyard, public conveniences, stairways (flight of steps), foot paths, village gates, passenger shelters, rural market sheds, etc.);

Likelihood of increased accidents due to road widening due to faster movement of vehicles; Construction stage impacts leading to temporary disruptions or permanent damages to assets e.g.

cutting of slopes may trigger landslides causing damage to assets and/or loss of access in hilly sections; and

Likelihood of increase in HIV/AIDS due to influx of outsiders during construction.

4.0 Legal and Regulatory Framework

Applicable acts, notifications, and policies relevant in the context of the project are discussed below in Table 3. The Project Authority will ensure that project activities implemented are consistent with the national, state, local regulatory/legal framework.

Table 3 – Applicable Acts and Policies Sl. No.

Acts, notifications and policies

Relevance/ Applicability to the project

1 LA Act, 1894 (amended in 1984)

Land required for the project shall be acquired as per the provisions of this act and/or through process of negotiated settlement

2 National Rehabilitation & Resettlement Policy (NRRP), 2007.

Provides limited benefits to affected family (an ex-gratia payment of not less than Rs. 20,000/- and in case land-holder becoming landless or small or marginal farmer in such cases other rehabilitation benefits as applicable.

3 The Mizoram (Land Revenue) Act, 2013.

The act provides for land settlement system in the State.

4 Mizoram (Prevention of Government Land Encroachment) Act, 2001

The act deals with unauthorised occupation of land. Any person occupying any land without lawful authority shall be regarded as a trespasser or encroacher and shall be evicted in accordance with the provisions of the Act as amended from time to time. All such encroachers to be evicted for the project shall be eligible for support under the project as per entitlement framework of the project.

5 New Land Use Policy, Mizoram.

The chief aim of the NLUP is to develop and give all farmers in the state suitable, permanent and stable trades. The Policy also aims at to give all the Village farmers self-sufficiency in rice, vegetables etc. and give them help in money with necessary guidance.

6 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

This law provides for recognition of forest rights to Scheduled Tribes in occupation of the forest land prior to 13.12.2005 and to other traditional forest dwellers who are in occupation of the forest land for at least 3 generations i.e. 75 years, up to maximum of 4 hectares. These rights are heritable but not alienable or transferable.

7 World Bank OP 4.12 – Involuntary Resettlement, World bank

This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of



Table 3 – Applicable Acts and Policies

Sl. No.



land resulting in

(i) relocation or loss of shelter;

(ii) lost of assets or access to assets; or

(iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location;

This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. The project requires additional land area for widening and strengthening, junction improvements, realignments, safety provisions, etc. It will also affect structures mainly used for residences, business units, cattle sheds and livelihood of people. Some of them are without any valid pass/permit. To address these impacts, a Resettlement policy framework and sub project specific Resettlement Plans shall be prepared. All affected under the project, irrespective of a valid pass/permit shall be supported under the project to improve their quality of life or atleast restore to pre-project standards.

8 OP 4.10 – Indigenous Peoples, World Bank

This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerationally inclusive. About 94.5% of the population in the State belong to Tribal community. The R&R issues in the project would involve those of tribal households. Therefore, to address the R&R and Indigenous issues a combined Resettlement and Indigenous Peoples Development (R&IPDP) shall be prepared and disclosed in Mizo in accordance with the requirements of this policy. The project shall ascertain broad community support for the project based on social assessment and free prior and informed consultation with the affected Tribal community.

9 The Right to Information Act, 2005

The Act provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

10 Environmental protection Act, 1986 and subsequent amendments

The Act provides for mandatory public consultation for all listed projects and activities requiring prior Environmental Clearance (EC) and includes road and highways requiring further land acquisition. The Public Consultation shall ordinarily have two components comprising of:- (a) a public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed, for ascertaining concerns of local affected persons; (b) obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity.

11 World Bank Policy on Access to Information and Disclosure

World Bank safeguards policy requires consultation with PAPs during planning and implementation of resettlement action plan and tribal development plan and public disclosure of drafts. Once the draft is prepared it is to be made available at a place accessible to, and in a form, manner and language understandable to the displaced or affected people and local NGOs. EP Act 1986 and NRRP 2007, also



Table 3 – Applicable Acts and Policies

Sl. No.



requires disclosure of draft EIA and EMP and other project reports followed by mandatory Public Hearing.

12 The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The Act provides for enhanced compensation and assistances measures and adopts a more consultative and participatory approach in dealing with the Project Affected Persons. As and when this Act becomes effective and adopted by the State of Mizoram then PWD, GoM too shall be bound by and would need to comply with relevant provisions if the Act as applicable.

5.0 Social Management Framework

The social management framework has been prepared by the Government of Mizoram to guide the detailed social impact assessment and preparation of Management Plans as appropriate for the roads to be taken up under the project. The purpose, approach to preparation of the draft SMF and the entitlement framework containing the provisions relating to compensation and R&R for different types of impacts identified are presented in ensuing sections.

5.1 Purpose

Under the first Mizoram State Roads Project, in 2002, an R&R policy had been prepared to address the identified adverse impacts. Based on consultations with stakeholders, it was observed that the policy provisions required updating in line with the provisions of appropriate Acts, Rules and policies; the changed socio-economic conditions in the state; findings of Reconnaissance survey; and Social Screening of the proposed roads; and a review of applicable acts and policies. The updated R&R policy as part of this SMF shall be applicable to all sub-projects identified/likely to be identified for funding under the Mizoram State Roads Project II. The specific purpose of the SMF is to:

a) update the R&R policy that was followed under the previous project in line with provisions of new relevant Acts and Rules, and other projects being implemented with financial support from multi-lateral funding agencies (Asian Development Bank, World Bank, etc.);

b) bring together and build upon the previous experiences and good project implementation practices; c) enhance institutional capacity at the State (PIU) and Project level for implementation of social

management plans; and d) establish mechanism and processes for grievances redressal, arriving at replacement cost5, and

monitoring and evaluation, etc.

The Framework comprises the following:

Resettlement and Indigenous Peoples Policy Framework; and HIV/AIDS Prevention and Awareness management framework

5.2 Approach to preparation of SMF

In preparation of the draft SM, the PIU, PWD identified a group of stakeholders and consulted them at the field level. A state level workshop was organized by PIU on the draft SMF to get the feedback from the stakeholders on past experience and to obtain suggestions. Proceedings of the state level workshop is provided in Appendix 1.

5 Land Revenue and Settlement (LR&S) is revising the 2011 notification and immediately after Mizoram Assembly Elections, same will be notified. Besides, a Special Committee has been formed who will compare and determine the Revenue rates in consultation with the people affected to fix the rate.



Photography and videography documentation6 is being carried out for all the consultations held during survey and preparation stage. Types of consultations at different stages of preprartion are given below:

• Aug-Sept : Consultations with communities during screening stage • Sept.-Oct. : Consultations with all stakeholders during socio-economic survey by the E&S consultants, DPR

consultants and PIU staff • Oct.-Nov. : Special committee meetings organized by SLAO in all three roads followed by consultations; • November 18 : Stakeholder Consultation Workshop for discussions on the draft SMF and EMF

Stakeholder Consultation on the Draft Social Management Framework

Following stakeholders participated in the discussions:

a) representatives various Govt. Departments namely Revenue, Agriculture, district administration, Mizoram state Aids Control Society (MSACS), Forest department, Pollution Control Board, Environment Department, Irrigation department, Finance department, Urban Development and Poverty Alleviation (UD&PA), others, etc.

b) NGOs – Young Mizo Association, Mizo Hmeichhe Insuihkhawn Pawl (MHIP), Truck Operators Association, leaders of Sub-Hqrs YMA,

c) Representatives of potential PAPs, Local communities, elected Village Council members, Village Council Presidents (VCPs) and secretaries of each affected village and Journalists

5.3 Principles of the SMF

The broad principles of the Social Management Framework to be followed in the preparation and implementation of R&IPDPs are described below:

Involuntary resettlement shall be avoided to the extent possible or minimized where feasible, exploring all viable alternative project designs and also take due precautions to minimize disturbance to habitations, and places of cultural significance;

Where displacement is unavoidable, people losing assets, livelihood or other resources shall be assisted in improving or at a minimum regaining their former status of living;

Ensure that the socio-economic conditions of the Project Affected Persons (PAPs) actually improve after implementation of the project;

6 Video and photo documentation is maintained in project records



Share information, consult and involve PAPs and local persons from preparation stage in issues of land

acquisition, loss of livelihood and in identifying social issues likely to arise during project implementation;

Ascertain broad community support based on free, prior and informed consultation. Pay special attention to marginalized and vulnerable groups and secure their participation; Ensure payment of compensation and assistance to PAPs at replacement cost, prior to any displacement

or start of civil works; The common property resources will be replaced as far as feasible and assistance will be provided at

replacement value to the group; All land acquisition will be carried out after issuance of notifications for harvesting of crops; Ensure that project does not involve any kind of activities involving child labor; Ensure equal opportunities and wage to women/female workers; and Ensure additional and specific provisions concerning labour particularly women/female coming from

outside the state (e.g. day care facilities, crèche, health and sanitation, work shifts, etc.)

5.4 Definitions

Following definitions will be applicable unless otherwise stated specifically.

• Agricultural labourer: means a person primarily resident in the affected area for a period of not less than five years immediately before the declaration of the affected area, who does not hold any land in the affected area but who earns his livelihood mainly by manual labour on agricultural land therein immediately before such declaration and who has been deprived of his livelihood;

• Agriculture: Includes horticulture, the raising of annual or periodical crops, or garden produce, planting and upkeep of orchards or plantation, dairy farming, poultry farming, live-stock breeding, grazing and pisciculture and the expression, “non-agriculture” shall be construed accordingly;

• Agricultural land: Means land which is used or is capable of being used for agricultural purposes and includes land under homesteads occupied for residential purposes in connection with agricultural holdings and the expression, “non-agricultural land”, shall be construed accordingly;

• Allotment: Means allocation or apportionment of land or part of it to a specific person or body of persons having legal entity known as the allottee by the State Government or the competent authority in this behalf;

• Below poverty line (BPL) or BPL family: means below poverty line families as defined by the Planning Commission of India, from time to time and those included in the BPL list for the time-being in force;

• Building: Means a house, out house or other roofed structure whether masonry, brick, wood, mud, metal or any other material whatsoever but does not include a tent or other portable and temporary shelter;

• Certificate of Land Settlement or Land Settlement Certificate: Means a certificate granted u/s 11 of the Mizo District (Land and Revenue) Act, 1956 or section 4(2) of the Mizo District (Agricultural Land) Act, 1963, as adapted and includes similar certificates issued under this Act;

• Corridor of impact (COI): Refers to the minimum land width required for construction including embankments, facilities and features such as approach roads, drains, utility ducts and lines, fences, green belts, safety zone, working spaces etc. Additional land width would be acquired/purchased or taken on temporary lease if the Corridor of Impact extends beyond the available Right of Way;

• Cut-off date: (i) In the cases of land acquisition affecting land holders (LSC/PP/Village Passes), the cut-off date would be the last date of publishing Notification for land acquisition u/s 4 (1) of L.A Act, 1894 in the local newspaper. Those without any valid pass, the cut-off date would be the date on which the census and socio-economic survey started.



• Entitled person (EP): A person who is adversely impacted by the project and is eligible for assistance

as per the project entitlement framework is considered to be an Entitled Person; • Holding: Means a parcel of land separately assessed to land revenue; • Improvement: In relation to any land, means any work or product of work which materially adds value

to the land and which is suitable to the land and consistent with the character thereof; • Income: Income of the PAP shall mean the amount prior to the cut-off date from all occupations taken

together calculated by an objective assessment; • Kiosk: A kiosk is a booth/stall/cabin/cubicle made of wood or iron or any other building material which

could be shifted to another location as a single unit without much damage and is used for carrying out petty business/ commercial activities and has been in operation/existence prior to cut-off date;

• Land: Means broadly any ground, soil or earth, whether covered or not, and which is or may be utilized for agricultural or non-agricultural purposes or purposes subservient thereto and includes benefits to arise out of such land, and things attached to the earth or permanently fastened to anything attached to the earth.

• Land acquisition" or "acquisition of land": means acquisition of land under the LA Act, 1894. • Land Holder: Means holder of a parcel of land or a proprietor of land, who is responsible for the

payment of land revenue; • Land Revenue: Means any revenue assessed by the State Government on the land and includes any tax

assessed in lieu of land revenue or all moneys described as premium, rent, lease, money, charge, fee, cess or in any other manner, in any enactment, contract or similar instruments;

• Land Settlement Certificate Holder: Is a person to whom land has been permanently settled for agricultural purposes such as, growing particular crops or for mixed farming or for non-agricultural purposes such as, construction of a house. Every Land Settlement Certificate holder shall have a permanent heritable and transferable right, title interest and peaceful possession in his land;

• Lease Holder: Is a person who is given a lease of specified tenure to occupy certain parcel of land for a specific purpose like industry, educational institutions, etc. Every person or an agent to whom land has been let out by the State Government for use in any special purposes as an agent of the Government, the person or an agent shall be called a Lease holder in respect of such land and shall, notwithstanding anything to the contrary contained in the Mizoram (Land and Revenue) Act, 2013 be entitled to hold the same in accordance with the terms and conditions of the lease;

• Marginal farmer: Refers to a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding up to half hectare;

• Non-agricultural labourer: means a person who is not an agricultural labourer but is primarily residing in the affected area for a period of not less than five years immediately before the declaration of the affected area and who does not hold any land under the affected area but who earns his livelihood mainly by manual labour or as a rural artisan immediately before such declaration and who has been deprived of earning his livelihood mainly by manual labour or as such artisan in the affected area;

• Notification: means a notification issued from time to time by appropriate government for land acquisition under the provisions of L.A. Act, 1894.

• Occupier: means a member of a Scheduled Tribes community in possession of forest land prior to the 13th day of December, 2005;

• Pass: Means a pass granted by Competent Authority to individual or group for the right to use a land allotted under the pass and on condition specified in the pass;

• Pass Holder: Is a person to whom a specific permission is given by the Government only for construction of a house, shop, stall inside and outside town area. In places where survey and settlement operation has not been done, the Village Council is given the authority to issue such Pass inside a village perimeter as may be notified by the Government from time to time. A pass holder shall have no right in the land held by him beyond the rights of use and occupancy for such period and under such terms and



conditions as may be specified in the Pass and shall have no right to transfer, inheritance, or of sub-letting beyond the period so specified;

• Periodic Patta: means a prescribed land settlement document settling the agricultural land periodically under the Rules whereby an individual or society has entered into the engagement with the District Council to pay land revenue, taxes, cesses and rates legally assessed or imposed in respect of the land so settled;

• Periodic Patta Holder: Is a person to whom land has been leased out for a fixed or limited period for specific purposes such as commercial plantation, horticulture and the like. A Periodic Patta holder or a temporary licensed cultivator shall have a temporary rights, title, interest and possession in the land held by him for such period and under such terms and conditions as the Government may specify in the periodic patta and shall have no right to transfer of ownership or inheritance of the land beyond the period specified in his periodic patta;

• Person: Includes an individual, a firm, a Company or an association or a body of individuals whether incorporated or not;

• Premium: Means a lump sum amount of money paid as a consideration for the allotment of land; • Project: Refers to Mizoram State Roads II – Regional Connectivity Project; • Project Affected Area: Refers to the area of village or locality under a project for which land will be

acquired under LA Act, 1894 through declaration by Notification in the Official Gazette by the appropriate Government or for which land belonging to the Government will be cleared from obstructions;

• Project Affected Family: includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes "nuclear family" consisting of a person, his or her spouse and minor children;

• Project Affected Person (PAP): Any tenure holder, tenant, Government lessee or owner of other property, or non-titleholder who on account of the project has been affected from such land including plot in the abadi or other property in the affected area will be considered as PAP;

• Project Affected Household (PAH): A social unit consisting of a family and/or non-family members living together, and is affected by the project negatively and/or positively;

• Project Displaced Person (PDP): Any tenure holder, tenant, Government lessee or owner of other property, or non-titleholder who on account of the project has been involuntarily displaced from such land including plot in the abadi or other property will be considered as PDP. A displaced will always be a PAP but all PAP may not be PDP;

• Rent: Means whatever is lawfully payable in cash or in kind, partly in cash and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue;

• Replacement Cost: A replacement cost/value of any land or other asset is the cost/value equivalent to or sufficient to replace/purchase the same land or other asset;

• Settled Cultivation Land: Land under cultivation for which Village Council Pass or Revenue Pass is issued.

• Small Farmer: Refers to a cultivator with an un-irrigated land holding up to two (2) hectares or with an irrigated land holding up to one (1) hectare.

• Shifting Jhum Land: Plots of agricultural land used for cultivation on rotation. • Shop: Means ant premises where any trade or business is carried on and where services are rendered to

customers; • Stall: Means a small shop with an open front where people sell things in it at a market or any other

place; • Tax: Means a sum of money collected by the collecting authorities at the rate fixed by the Government

from time to time from the domicile of the State of Mizoram excluding the areas of the Autonomous



District Council on account of living in Mizoram and the owner of the building or apartment let out for residential and other purposes;

• Temporary Impact: Impact expected during implementation of the project in the form of earth spoil, tremors and vibrations, etc. affecting land and structure

• Tenant: A person who holds/occupies land-/structure of another person and (but for a special contract) would be liable to pay rent for that land/structure. This arrangement includes the predecessor and successor-in-interest of the tenant but does not include mortgage of the rights of a landowner or a person to whom holding has been transferred; or an estate/holding has been let in farm for the recovery of an arrear of land revenue; or of a sum recoverable as such an arrear or a person who takes from Government a lease of unoccupied land for the purpose of subletting it.

• Tribal: Means a person who belongs to one of the Scheduled Tribes for the State of Mizoram and specified as such by an order or orders made by the President of India under Article 342(1) of the constitution of India in so far as the specification pertains to Mizoram;

• Unauthorised Occupation of Land: Any person occupying any land without lawful authority shall be regarded as a trespasser or encroacher and shall be liable for eviction as per the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. No right shall accrue to any person who encroach or trespass upon land without having any title conferred upon him by the competent authority. Paying of land revenue or taxes on such land will not entitle the encroacher any right or title to the property. However, the encroacher/occupant shall be entitled to replacement cost of structures and crops, resettlement assistance and appropriate notice period for removal/shifting/harvest of assets/crops

• Village/Village Council/Village Council President: The expressions shall have the same meaning respectively as assigned to each of these;

• Vulnerable Households: It includes: i) Below Poverty Line (BPL), ii) Women Headed Households, iii) Schedule Castes, iv) Landless (small and marginal farmers), v) Elderly persons above the age of 60 years, vi) Destitute Orphans and vii) Disabled (mentally and physically), farmers who (after acquisition of land) become small/marginal farmers and also qualify for inclusion in BPL.

• Wage earner: Wage earners are those whose livelihood would be affected due to the displacement of the employer. The person must be in continuous employment for at least six months prior to the cut-off date with the said employer and must have reliable documentary evidence to prove his/her employment.

5.5 Entitlement Matrix

The entitlement matrix has been developed in accordance with the principles adopted and analysis of initial identification of project impacts. It provides measures for different categories of impacts and project affected persons (See Table 4).



Table 4 – Entitlement Matrix

Type of Loss Occupant of Property

Unit of Entitlement

Entitlement Details of Entitlement

Cultivable land Settlement Holder

Family/ Household

Compensation at Replacement value and Assistance

a) Land for land, if available. Or, Cash compensation for the land at replacement cost, which will be determined by the Special Committee as mentioned in Note 1.

b) If the compensation amount determined by the SLAO is less than the replacement cost mentioned in Note 1, the difference amount will be paid as Assistance.

c) If the residual plot(s) is unviable i.e. less than MEH, PAH/PAF shall have the following three options - • Compensation for affected land and continue on the remaining unaffected plot of

land; or • If EP surrenders the residual plot, then compensation and assistance given for

the entire plot of land; or • Replacement land, if so wished by EP subject to availability of land which is at

least equally productive. d) Resettlement allowance of Rs. 50,000/- will be provided to those who do not get land

for land, irrespective of the size of land. e) Subsistence Grant equivalent to Rs. 3000 per month (MAW) for 6 months. f) In case of severance of cultivable land, an additional grant of 10% shall be paid over

and above the amount paid for land acquisition. g) Four (4) months’ notice to harvest standing crops shall be given. However, if notice

cannot be given then compensation for these crops shall be paid at market value Periodic Patta

Holder/ Temporary

Village Pass Holder

Assistance a) Land for land, if available, if not, replacement value of land as determined by special committee shall be given to land owners/holders.*

b) Resettlement allowance of Rs. 50,000/- will be provided to those who do not get land for land, irrespective of the size of land.

c) Subsistence grant equivalent to Rs. 3,000.00 per month of MAW for 6 months. d) Four (4) months’ notice to harvest standing crops shall be given. However, if notice

cannot be given then compensation for these crops shall be paid at market value. Non-

agricultural vacant land

(Homestead, Commercial and others)

Settlement Holder

Family/ Household

Compensation at replacement cost and assistance

a) Land for land, if available. Or, Cash compensation for the land at replacement cost, which will be determined by the Special Committee as mentioned in Note 1. If the replacement value is more than the amount as determined under the LA Act, then the project will pay the “difference” in the form of assistance.

b) One time resettlement allowance of Rs. 50,000/- will be provided to those who do not get land for land.

c) Subsistence grant equivalent to Rs. 3,000.00 per month of MAW for 6 months.





Unit of Entitlement


Periodic Patta Holder/

Temporary Village Pass

Assistance a) Land for land, if available. Or, Cash compensation for the land at replacement cost, which will be determined by the Special Committee as mentioned in Note 1. If the replacement value is more than the amount as determined under the LA Act, then the project will pay the “difference” in the form of assistance

b) One time resettlement allowance of Rs. 50,000/- will be provided to those who do not get land for land.

c) Subsistence grant equivalent to Rs. 3,000.00 per month of MAW for 6 months. Structure

(Residential, Commercial, Residential-

cum-Commercial

excluding farm house and jhum

huts)

Settlement Holder /Periodic Patta holder Village Pass holder

Family/ Household

Compensation for structure at Replacement Cost plus assistances

a) Replacement cost for structure at latest Basic Schedule of Rates (BSR) without depreciation with a minimum of Rs. 1,50,000.00

b) Two (2) months’ notice for removal of structure

c) In case of partially affected structures and the remaining structure continues to be viable, in such case an additional assistance equivalent 25% of replacement cost will be paid towards repair/restoration of Structure

d) Right to salvage materials from the demolished structure

e) For the displaced EP whose remaining structure is unviable, the following shall be payable

• Subsistence grant of Rs. 3,000/- per month for a period of twelve (12) months from the date of displacement

• One time resettlement allowance of Rs.50,000/- • Transportation cost of Rs. 50,000.00 for shifting family, building materials,

domesticated animals etc. • Lumpsum Assistance amount of Rs. 7,500/- for re-establishing other basic

facilities such as electricity connection, water supply pipeline • All fees, taxes and other registration charges incurred for the replacement

structure f) Compensation in the form of residential / commercial plot at resettlement site if so

opted by 15 or more PDPs on payment and free of cost for vulnerable groups will be provided. The size of the plots will be equal to the area lost or minimum of 35 sq., mts. for house and 15-sq. mts. for shop.

Loss of land and/or structure

Occupant of land and/or structure without valid

Family/ Household

Assistance • For land a. Subsistence grant equivalent to Rs. 3,000.00 per month of MAW for 6

months.





Unit of Entitlement


Pass, Patta or Permit

b. Four (4) months’ notice to harvest standing crops/trees shall be given. However, if notice cannot be given then compensation for these crops shall be paid at market value

• For structure a) Replacement cost for structure at latest Basic Schedule of Rates (BSR)

without depreciation with a minimum of Rs. 1,50,000.00 b) Two (2) months’ notice for removal of structure

c) Right to salvage materials d) Lump sum Transportation cost of Rs.50,000

Loss of Plants/Trees/crops, etc.

Owner/Occupant Family/ Household

Compensation • As per Notification dated January 24th, 2011 of Revenue Department (to be updated) or Special Committee to determine the current cost. The cost will be updated as per Revised Notification. Regarding perennial fruit bearing trees such as Mango, Tamarind, etc) the average productivity of such trees will be taken as 20 years.

Loss of Cattle shed, poultry shed or any other shed for domestic animals

Owner Family/ Household

Compensation • Rs. 600 per sq.m for Thatched roof and Rs. 1000 per sq.m for GCI sheet roof (to be paid as per revised/latest available updated basic schedule of rates for buildings). In case of non-revision, 10% premium per year will be added to the latest rate available.

Loss of residence/ commercial unit

Tenant Family/ Household

Assistance a) The amount of deposit or advance 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)

b) Subsistence grant of Rs. 3,000/- per month for a period of twelve (12) months from the date of displacement

c) Lumpsum shifting allowance of Rs. 15000/-

Loss of kiosk Owner/ Occupant

Family/ Household

Assistance a) Lumpsum shifting allowance of Rs. 7500/- b) Right to salvage materials from the existing structure

Loss of employment

Wage earners (workers/ employees within commercial units)

Family/ Household

Assistance a) Economic Rehabilitation Grant (ERG) equivalent to twenty-five (25) days of Minimum Agricultural Wages (MAW) per month for a period of three months.

b) Work opportunities in the project construction work c) Rs. 20,000/- towards vocational/skill improvement as per choice.





Unit of Entitlement


Loss of Livelihood (losing commercial unit, losing agricultural land and with balance land below MEH)

Settlement Holder/ Periodic Patta holder/ Village Pass holder

Family/ Household

Assistance a) Work opportunities in the project construction works. b) Rs. 20,000/- towards vocational/skill improvement as per choice. The amount will

cover daily stipend @MAW (directly payable to EP) for the duration of training and shall also cover costs towards boarding, lodging, transportation, etc.

Additional support to vulnerable groups

Settlement Holder / Periodic Patta holder/ Village Pass holder

Family/ Household

Assistance One time additional financial assistance of Rs. 25,000/- as Economic Rehabilitation Grant towards income generation

Loss of CPR (Jhum land/Fallow land)

Village community

Village Community

Compensation at ‘replacement value’

Replacement value for the common property transferred/acquired shall be paid to Village Council and the amount will be utilized through participatory planning by the villagers within 6 months from date of release of payment. PIU shall monitor its utilization.

Loss of Common Property Resources (Structures, etc.)

Enhancement of community resources.

Replacement /Restoration or augmentation of existing infrastructure and provision of additional infrastructure facilities based on identified need7.

Loss of Access Village Community

Village community

Alternate access Provision of access path(s), steps, footpaths, etc not exceeding 250 mtrs. at identified locations in consultations with community

Temporary and Affected Entity Family/ mitigation in line with Unforeseen and temporary impacts during construction will be documented and dealt

7Common resources such as religious structures, cremation grounds, graveyards, hand pumps, passenger waiting sheds, rain sheds, urinals, stairways, foot paths, access paths, ponds, and other such assets will be replaced or reconstructed or rehabilitated at project cost in consultation with the local community and Village Council and preferably with support of local labor. Additional common facilities like stairways, foot paths leading to religious places, graveyards, and passenger sheds/ rain sheds shall be provided at project cost in consultation with Village Council and community.





Unit of Entitlement


unforeseen impacts.

Household/ Village community

principles in the SMF with on case by case basis through the GRM in accordance with the principles laid down in the SMF.

* As assistance



5.5.1 Methods for Assessment of Replacement Cost The methods for assessment of replacement cost and determination of compensation for loss of land, structure, and other assets are discussed in the notes provided below:

Note 1

(i) Compensation would be determined by the Special Land Acquisition Officer (SLAO), Project Implementation Unit (PIU), PWD. The SLAO, while awarding the compensation shall consider recent sales and transfer of title deeds and registration certificates for similar type of land in the village and urban areas, as the case may be;

(ii) A Special Committee has already been constituted by Govt. Notification dated 23rd August 2013 to determine replacement cost of lands, structures and other properties. The replacement value for the land and properties to be acquired will be calculated on either of the following methods: a. Taking into consideration 20 times of the annual value of gross production of the

concerned land, averaged over preceding 3 years; OR

b. Fixing up market value of land will be based on any transaction that may have taken place or the value assessed by considering the topography and accessibility of basic requirements.

The replacement value to be fixed up by the Special Committee shall be the higher one of the two amounts arrived at by the aforesaid two alternate methods. In case replacement value is higher than the market value determined by SLAO, the difference shall be paid in the form of assistance. The replacement value of the houses, buildings and other immovable assets will be determined as per current year BSR without depreciation. In case of partial impact, if the residual structure is rendered structurally unsafe or unviable the entire structure shall be considered affected and compensated accordingly. Similarly, for plants and trees the replacement costs will be determined by taking into consideration the current year “Rates of Compensation for Crops/Plants”. In case, BSR and “Rates of Compensation for Crops/Plants” are not updated, the Special Committee shall determine the replacement value of all items affected and the difference will be paid as assistance. 5.5.2 Other processes to be followed o Compensation for the common properties e.g. shifting jhum land which are acquired for the project

will be provided in accordance with Note 1 (ii) under 5.5.1. The amount will be utilized for the development of the village land in consultation with the community.

o Preparation of Micro Plan: Project Authority shall ensure that identity cards are prepared and handed over to all the PAPs as soon as the verification of PAPs is over by the R&IPDP implementation support agency. Micro plans shall be prepared for all PAPs and common property resources based on the extent of impacts and the Entitlement Framework. The micro plan shall contain information on extent of loss for each category, status of affected and due entitlements as per the eligibility criteria. The micro plan will be prepared by the R&IPDP Implementation support Agency and submitted to Project Authority for approval. The Project Authority will approve the micro plan for disbursement of assistance to entitled persons. The assistance will be disbursed by cheque or by direct transfer to PAPs bank account. Assistances below the threshold amount of Rs. 5000/- shall be paid directly to the PAPs in the form of cash in the presence of Village Council President (VCP)/ members. Any grievances reported by the PAPs regarding their eligibility, replacement cost of affected assets and any other entitlements shall be addressed through the Grievance Redressal Committee (GRC). The structure and process of the committees is provided under Institutional arrangements (Section 12)



o Compensation and eligible assistances shall be paid before taking possession of the land/properties.

The PDPs and PAPs shall hand over the land and other properties acquired to the Govt. free from all encumbrances such as mortgage, debt, etc. However, in case of outstanding government loans on such acquired lands and properties that remain unadjusted as per the information furnished by the PAPs or by the loaner agency, then such amounts shall be deducted out of the compensation.

6.0 Preparation of SIA and R&IPDP

For all project roads that are likely to be funded under the project, a detailed Social Impact Assessment (SIA) shall be carried out to assess the magnitude of likely adverse impacts. As almost entire population in the State belong to Tribal community, the R&R issues in the project would involve those of tribal households. All SIA reports shall identify potential issues of exclusion by gender, social group and poverty and address the same in R&IPDP. They shall also include strategy for creating awareness on road safety and HIV/AIDs. The strategy for ensuring broad community support based on free prior and informed consultation, gender mainstreaming and social inclusion forms part of this social management framework for the project.

Subsequently, a Resettlement and Indigenous Peoples Development Plan (R&IPDP) shall be prepared for each project road that presents appropriate mitigation measures that address the identified adverse impacts and other social issues. For preparation of R&IPDP, Census and socio-economic surveys shall be conducted using structured questionnaire during the project preparation. These surveys shall commence after finalization of alignment. Broad information that would be collected through survey includes: details of family members, religion, social category, sources of income, occupation, land holdings, ownership and type of structures, property and assets owned, livestock size, details of losses of assets to the project, etc. The extent of impact on Common Property Resources (CPRs) shall be covered during these surveys. The sample census and socio-economic questionnaire to be used for this purpose is attached (See Annexure 1). SIA and R&IPDP will be prepared irrespective of number of persons affected and disclosed to the public at least four months prior to award of contracts. An outline of the R&IPDP is presented below:

♦ Project description ♦ Objectives and Study Methodology ♦ Socio-Economic Profile of the project area ♦ Proposed Improvements under the project ♦ Minimizing Adverse Impacts ♦ Socio-Economic Profile of the Project Affected Households ♦ Assessment of Project Impacts ♦ Stakeholder Consultations ♦ Resettlement Policy Framework ♦ Institutional Arrangements ♦ Disclosure, Consultation and Participation Plan ♦ Mechanisms for redressal of grievances ♦ Monitoring and Evaluation arrangements ♦ Implementation Schedule ♦ Livelihood Restoration and Income Generation Plan ♦ Gender Dimensions and Action Plan ♦ Implementation Budget

The EIA clearance from MoEF shall include the SIA and R&IPDP for all the project roads. The draft SIA and R&IPDP prepared for each project road will be submitted to the World Bank for its review and clearance.



7.0 Gender Analysis

The Mizo society in pre-modern times was strictly based on what is known as an extreme patriarchal society. Being regarded inferior, women practically had no say in both private and public life. Women therefore, had no opportunities to go beyond the scope of the domestic sphere and it was only men who controlled and dominated the entire public sphere. However, as most of these social evil practices had been abolished after the gradual acceptance of modern ideas, the society is by custom a patriarchal Society but women have been enjoying a much better position or no discrimination on grounds of sex as compared to the pre-modern Mizo society.

Mizoram has the highest GDI value and is placed in the first rank among the north eastern states. The gender gap in literacy rate in Mizoram is lower (4.32) than that of the national literacy rates of 16.68% in the year 2011. But gender gap in enrolment at higher education was relatively lower in Mizoram (2.6%) when compared to all India average (3.2%). Female work participation rate is one of the indicators of employment status of women. The gender differential in employment taking the difference in male and female work participation rates of rural and urban areas in Mizoram is 15.3% and 20.3% respectively. Sex ratio for Mizoram (975) is significantly higher than that of the national average (940). Women’s political participation as elected women members in Legislative Assembly is negligible as in the past only once a single woman was elected as a Member in 2005.

In Mizoram, women can be seen working all along the project roads. In fact a lot of shops are run and managed by women. Men are mainly engaged in more laborious work and jobs like taxi drivers, car/scooter mechanics, working in the fields etc. Women are respected for the most part and maintain equal standing with men. Smoking and chewing tobacco is very common among Mizo women. There is no restriction on dressing, makeup and movement of women anywhere in the state. Divorces are common but so are re-marriages. Though major decisions are mainly taken by the male members of the house but Mizos take genuine pride in gender equality. During preliminary interactions majority of women revealed that they had decision making powers on issues related to financial matters, health, property, purchase of assets and children’s education. Involvement of women is foreseen in the project, especially during the construction and operation stages. Participation of women has been envisaged in various stages of the project, specifically in the following areas:

• Each field team of the R&IPDP Implementation Agency will include at least one women investigator/facilitator.

• Compensation for land and assets lost being same for all the affected or displaced families, equal care would be taken by the R&IPDP Implementation Agency for women group while implementing the process of acquisition and compensation.

• It is imperative that the project implementation unit ensures that both women and men are consulted and invited to participate in group-based activities, to gain access and control over the resource as part of the R&IPDP.

• The R&IPDP Implementation Agency will make sure that both men and women are taking part in issuance of identity cards, opening accounts in the bank, receiving compensation amounts by cheques in their name.

• Assistances would be provided to women as a vulnerable group in creating alternative livelihood for them to ensure their sustainable socio-economic upliftment.

• The implementing agencies would provide trainings for upgrading the skill in the alternative livelihoods and assist throughout till the beneficiaries start up with production and business.

• To improve the economic status of community, existing women and men self-help groups shall be assisted in each of the village affected by the project. These groups can then be



linked to special development schemes of the Government, like MNREGA, SGSY, PMRY, and with financial institutions like NABARD and Co-op Banking societies.

• During monitoring and evaluation, the data shall be collated and analyzed in gender disaggregated way. Particularly with respect to participation and extension of entitlements and benefits.

8.0 Local Trade and Production Enhancement Strategy

As a counter-insurgency strategy during 1967-70 in Mizoram, regrouping of villages was made, which saw the entire rural population of Mizoram (roughly 80% of the total population) uprooted from their homes to be relocated miles away with the basic object of eliminating the underground elements as interior villages were under their control8. This created serious imbalance between land-man ratios9. This also led to some people go back to their old villages, however a substantive number remained in the new grouped villages. Given that the resettled villages were along the road side (for better control by armed forces), small trade, petty shops and road side selling provided the opportunity for supplementary income. Over the years, this dependence has further grown because of subsistence agriculture with low productivity. Hence, importance of road is very high among local population – not only for communication but also for economic activities.

While the road sections proposed under the project are expected to facilitate trade across borders, these roads also seems to have the potential to boost local level trade and improving linkages of the villages in the interiors with the local and regional markets.

Discussion with communities along the proposed road as well as public consultations suggests a potential negative impact on livelihoods due to shifting of roads (new alignment) from existing road alignment. During the public consultations, many villages showed their resentment to the new road alignment in all the road sections. Hence, in order to have better acceptance of the project, livelihood concerns of the villager may need to be addressed. The project intends to create benefit sharing arrangements with communities along the project roads and build capacity for increasing the production and trade potential of Project Affected Communities specifically and the residents of Mizoram more generally. Based on a rapid assessment of risks and opportunities, a strategy has been developed with the objective to make the community along the road as long term beneficiaries of the project.

A range of options emerged based on secondary review of literature, primary visit to two of the three road sections, consultation with community and other stakeholders. Based on careful considerations of each of the potential activities listed above, the mandate of the PWD department (executing the road project), the complexity of implementation of the options, and the sustained effort that may be required to make it viable, the following activities are selected

1. Provision of Market Sheds along the new road at a convenient location for each of the villages to sell their green products (i.e. vegetable and fruits) etc.

2. Support to SHGs to take up livelihood activities a. Piggery and poultry b. Tailoring and handloom for SHG - Only for Champhai –Zokhawthar Road (as climate

is favourable) c. Orange/ Rubber nursery for One SHG/village d. Organizing Capacity building programme for SHGs to impart required knowledge on

the proposed activities

8http://wizcraftpublication.com/Pdf/CRI/June-2012/48%20H%20Sinha.pdf 9http://dspace.nehu.ac.in/jspui/bitstream/1/3405/1/Socio-eco.pdf


http://wizcraftpublication.com/Pdf/CRI/June-2012/48%20H%20Sinha.pdf

http://dspace.nehu.ac.in/jspui/bitstream/1/3405/1/Socio-eco.pdf


Details of these activities along with rationale, implementation mechanisms and proposed budget are provided in Annexure 2. R&IPDP shall provide the detailed plan for each of the project roads based on the set of activities identified above for the community at large in addition to the specific support to be extended to the project affected persons.

9.0 HIV Awareness and Prevention Strategy

One of the unintended consequences of any road construction project is that it also provides ample opportunities for a closer inter-phase of mobile population with the local community as most transport and infrastructure projects attract migrant and unskilled labor to project sites. These road construction workers, mostly men, are separated from their partners and families for prolonged periods of time, increasing their susceptibility to engage in risk behaviours. This could potentially lead to interactions between the existing groups practicing high risk behaviours and the road sector workforce.

In addition, there are also probability of links between the local communities and the workforce which could potentially include increased risk of HIV among road sector workers and communities along the roadways. Hence, the opportunity is being seized to intervene early and prevent further spread of HIV in the area. Local organisations like, Young Mizo Association, MHIP, Truck Owners Associations etc shall be involved in generating awareness among workers and communities along the roadways.

As of March 2013, there are 7850 HIV positive cases in Mizoram. Of the total HIV positive cases, males comprise 63%. About 92.5% of the HIV positive cases belong to the age group of 15 to 49. Children less than 14 years of age account for 4% of the total HIV positive cases, while 50 years and above comprise 3.76% of the total HIV positive cases. Among children of less than 14 years of age, females constitute 51.4%. HIV infection among pregnant woman in the state was 0.47 per cent during 2012, according to the National AIDS Control Organisation (NACO). Altogether 306 people with full-blown AIDS have died in Mizoram since 1990.

The following approach shall be adopted to prevent spread of HIV in project area.

Sensitization of Gate Keepers to get a buy-in and to mobilize their involvement A key priority of the programme shall focus on sensitizing stakeholders at each level especially the Clients- PIU, Contractors-management and Supervision Consultants. This should lead to increased level of awareness among the gate keepers and further generate supportive attitudes and create an enabling environment to implement HIV prevention programs among the target population.

Interventions will be built around existing health service structures The project interventions will be built around existing health service structures already in place. Support will be sought from the Mizoram State AIDS Control Society (MSACS), Technical Support Units (TSU), District AIDS Prevention and Control Units DAPCU and People Living with HIV (PLHIV) network to plan and implement the program effectively. The involvement of the mainstreaming division from MSACS will also bring in the needed technical support and guidance to the project.

Program to be guided by the ‘Contract Clause’: In the contract issued to the contractor The contractors according to the contract clause will be responsible to create an enabling environment for their workforce to avail HIV prevention services. The contractor would provide Leadership – from all levels to ensure effective program implementation, allocate time to conduct prevention education sessions for their workforce and build an environment of trust and non-discrimination.



The Risk Assessment and Implementation Strategy are provided in detail in Annexure 3. A lumpsum amount for implementation of the HIV/AIDS activities would be provided in the R&IPDP of each project road as part of the overall R&IPDP implementation budget. 10.0 Consultations and Participation Framework

The World Bank OP 4.10 on Indigenous Peoples too emphasizes “a process of free, prior, and informed consultation with the affected Indigenous People’s communities at each stage of the project, and particularly during project preparation, to fully identify their views and ascertain their broad community support for the project. To ensure peoples’ participation in the planning phase and aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs of road users and problem and prospects of resettlement, various sections of project affected persons and other stakeholders were and will be engaged in consultations throughout the project planning and implementation stages.

Public participation, consultation and information dissemination begins with initial phases of project preparation. Public consultation activities and information dissemination to PAPs and local authorities continues as the project preparation activities proceed in a project. Through respective local governments and civil society, PAPs are regularly provided with information on the project and the resettlement process prior to and during the project preparation and implementation stages.

Information dissemination and consultations shall be a continuous process during preparation, implementation, Monitoring and Evaluation. On a quarterly basis, the Social development specialist posted at PIU will carry out consultations in each project road with all relevant stakeholders. The information dissemination and consultation with PAPs shall include but not be limited to the following:

• project description and its likely impacts, • objective of the surveys, • entitlements provisions for the different impacts • mechanisms and procedures for public participation and consultation, • resettlement options (reorganization on remaining land, relocation to a fully developed

resettlement site, or cash compensation), • grievance redress mechanism and procedures • tentative implementation schedule, • roles and responsibilities of the project authority and local authorities, • preferences for mode of compensation for affected fixed assets (i.e., cash or land-for-land). • Major resettlement and rehabilitation policy provisions, role of NGO, responsibility of Special

Committee, grievance redress mechanism, etc, • Household consultation for skill improvement training, use of compensation amount and

livelihood restoration • Encourage group for monitoring and evaluation of all aspects of R&R implementation and

provide feedback to the PIU, A detailed consultation and communication plan shall be developed for each project road as part of the R&IPDP. This framework shall be a sub-set of the overall communication strategy of the project.

Some of the methods that can be used for the purpose of communication will include provisions of information boards, pamphlets distribution, wall paintings, drum beating, organizing meetings with key informants and village committees and opinion gathering through post cards, phones and Short Messaging services (SMSes).



Recording and documentation of all public meetings held with people and local government officials with dates, location and the information provided and the major emerging issues is mandatory. The R&IPDP shall include these documents as attachments. Where public announcements are made, the details, together with a copy of the text of the announcements shall be provided in the documents. A template for consultation framework and a checklist are presented in the Annexures 4a and 4b. 11.0 Information Disclosure

The Right to Information Act, 2005 provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The process for obtaining information and details of designated officials shall be posted on the PWD website. PIU, PWD has disclosed the Draft SMF document on their website www.mizoram.nic.in on January 31st, 2014. PIU, PWD will translate the following documents in Mizo for local disclosure: • the entire SMF • Executive Summary of the draft and final R&IPDP , • List of PAPs with impacted assets of R&IPDPs of each corridor.

The Executive Summary of the draft R&IPDP, along with the list of PAPs with the impacted assets shall be translated in local language - Mizo (Roman script for the Mizo language) and disclosed at concerned Village Council offices, PWD and District Administration offices. For project roads requiring environmental clearance, the draft documents shall also be placed for public viewing and stakeholders’ feedback as prescribed under EP Act 1986. The documents will be disclosed at the website of PWD, GoM and World Bank (Infoshop). Feedback received from stakeholders shall be incorporated in the final documents.

The final documents in full will replace the draft documents in Project Authority’s as well as the World Bank websites. The list of eligible persons (PAPs) for disbursement of benefits shall be separately disclosed at concerned Village Council Offices/ Urban Local Bodies (ULBs) to ensure transparency. A copy of the list of eligible PAPs shall be put up at notice boards of the concerned District Administration Offices, project offices, and any other relevant offices, etc.

During the project implementation phase the relevant information related to impacts, compensation measures, rehabilitation measures, etc. will be shared with the PAPs in appropriate language in the form of Resettlement Leaflet. 12.0 Institutional Arrangement

Institutional arrangements to manage and implement Resettlement & Indigenous Peoples Development Plan (R&IPDP) will be set up at PIU (State) and project road levels. Institutional arrangement includes augmenting the capacity of PIU, PWD with regard to land acquisition, and implementation of R&IPDP and management of other social issues.

12.1 PIU (State) Level


http://www.mizoram.nic.in/


Project Director: The Project Director, PWD, Govt. of Mizoram will be overall responsible for the implementation of R&IPDP. He/she will have delegated administrative and financial powers for the implementation of the project including R&IPDP implementation.

Institutional arrangement includes augmenting the capacity of PIU, PWD with regard to land acquisition, and implementation of R&IPDP and management of other social issues. The Project Director will be assisted by the SLAO, a designated SDE/AE as Resettlement and Rehabilitation Manager (RRM), and a number of technical and secretarial staff. A Social Development Specialist (SDS) will be engaged either as individual consultant to assist the Project Director, PIU as R&IPDP are likely to be implemented for multiple roads simultaneously. The PIU will be responsible for ensuring training, guidance, policy and implementation issues in compliance with SMF. The SDS will provide policy and strategic assistance to the PIU on social issues including land acquisition and rehabilitation and resettlement. The Project Director with assistance from SDS, SLAO, designated RRM, R&IPDP implementation agency, and others will ensure that all social safeguards issues are complied with as detailed out in SMF. The roles and responsibilities of the SDS would broadly include the following:

♦ facilitate and assist and Land Acquisition for each project road through negotiated settlement preferably.

♦ Ensure consultation and stakeholder participation in finalisation of R&IPDP. ♦ Ensure preparation and disclosure of R&IPDP for each project road separately as per SMF. ♦ Guide and supervise the R&IPDP implementation agencies for resettlement and rehabilitation

and rolling out HIV prevention activities. ♦ Interact with implementation agencies on a regular basis and undertake field visits and

consultations with PAPs for first-hand information. ♦ Compile data related to resettlement and rehabilitation activities received from field offices and

decide on suitable measures to be taken. ♦ Facilitate necessary help needed at site with regard to LA and R&R issues. ♦ Co-ordinate with government departments in matters related to implementation of R&IPDP. ♦ Ensure budgetary provision for resettlement and rehabilitation of PAPs and relocation,

rehabilitation and reconstruction of common property resources (CPRs) and implementation of R&IPDP.

♦ Ensure timely release of budget for implementation of R&IPDP. ♦ Monitor implementation of R&IPDP carried out by the agencies through RRM. ♦ Perform other roles and responsibilities related to implementation of R&IPDP as required from

time to time. ♦ Ensure free, prior and informed consultation with PAPs and also ensure that sufficient

supporting documentation is maintained. ♦ Facilitate third party audit of R&IPDP implementation.

Special Land Acquisition Officer: A Special Land Acquisition Officer10 (SLAO) has been appointed by the Govt. of Mizoram in the Project Implementation Unit (PIU), PWD, headed by the Project Director. A SDE/Assistant Engineer (AE) has been designated as Resettlement & Rehabilitation Manager (RRM) to assist directly the SLAO for R&R related activities. In addition, junior engineers and surveyors shall be deputed in the PIU to assist the SLAO for land acquisition process. The principal responsibilities of the SLAO include the following:

♦ Take timely action to complete all proceedings within the time frame as provided under LA Act, 1894;

10The SLAO has been delegated the powers of Collector by the Notification dated 1 August 2013, Revenue Department, Govt. of Mizoram.



♦ Dispose of the objections and claims submitted by any person interested in any land being

notified; ♦ Ensure notifications are published in Official Gazette and at least two (2) local Newspapers; ♦ Announce “award” in the open Court after the approval by the Government; ♦ Disburse compensation; ♦ Take possession of land and handover to Project Authority; ♦ Perform all functions as Member Secretary of “Special Committee” for determining the

replacement value of land, structures and other properties and assets and also carry out consultations with affected land holders for Land Acquisition (LA).

12.2 Project Road Level

Site Offices would be established for implementation of R&IPDP. One SDE/AE designated as Resettlement & Rehabilitation Manager (RRM) shall be posted at each site office. The designated RRM will be responsible for the implementation of R&IPDP. RRM will assist Project Director at PIU in all matters related to resettlement and rehabilitation.

The roles and responsibilities of the Resettlement and Rehabilitation Officer are as under:

♦ Ensure R&IPDP implementation with assistance from implementation agency as per the time line agreed upon.

♦ Interact with R&IPDP implementation agency on a regular basis. ♦ Undertake field visits with implementation agency from time to time. ♦ Facilitate necessary help needed at site with regard to LA and R&R, HIV issues to

implementation agency. ♦ Co-ordinate with district administration and other departments in matters related to

implementation of R&R. ♦ Ensure distribution of entitlement matrix to PAPs. ♦ Ensure preparation and distribution of photo identity cards. ♦ Ensure and attend meetings organised by implementation agency on thematic areas related to

resettlement and rehabilitation, entitlements and HIV/AIDS awareness generation. ♦ Ensure inclusion of PAPs who could not be enumerated during census and socio-economic

survey but have documentary evidence to be included in the list of PAPs. ♦ Ensure timely preparation of micro-plan from R&IPDP implementation agency and approval

from PIU. ♦ Ensure that the PAPs have received their entitlements. ♦ Ensure disbursement of resettlement and rehabilitation assistance in presence of village council

members. ♦ Participate in meetings related to resettlement and rehabilitation issues. ♦ Facilitate in opening of joint account of PAPs. ♦ Prepare monthly progress report related to physical and financial progress of implementation of

R&IPDP & submit the same to PIU. ♦ Ensure release of compensation and assistance before taking over the possession of land for

start of construction work. ♦ Ensure relocation, rehabilitation and reconstruction of CPRs before dismantling through proper

mechanism. ♦ Ensure development of resettlement sites, if required. ♦ Attend and participate in Grievance Redress Committee meetings for redressal of grievances of

PAPs and other committees involving R&R matters, ♦ Liaison with government and other agencies for inclusion of PAPs in employment and income



generation programme/scheme.

♦ Carry out any other work related to resettlement and rehabilitation that may be entrusted from time to time related to R&R by the PIU.

♦ Provide all necessary information and data related to R&R on monthly basis to PIU through Executive Engineer.

♦ Ensure that PAPs, irrespective of social groups and gender get equal opportunity to participate during implementation and become overall beneficiaries in the project.

12.3 R&IPDP Implementation support Agency/NGO

For the implementation of R&IPDP in each project road, the PIU, PWD will engage the services of Non-Government Organisation (NGO) having experience in resettlement and rehabilitation issues as per standard bidding process. Terms of Reference (ToR) for engaging the services of the implementation agency will be prepared by the Social and Environment consultants along with R&IPDP. The implementation agency will work in close co-ordination with RRM and report to PIU. Financial matters related to services of the R&IPDP implementation agency will be dealt by PIU, PWD. Broad roles and responsibilities of implementation agency would be as:

♦ The R&IPDP implementation agency will be the main link between the PAPs and the PIU, PWD.

♦ Develop rapport with PAPs. ♦ Coordinate with the RRM to implement R&R activities. ♦ Verify PAPs as listed out in the R&IPDP (by the Social & Environment consultant based on the

design prepared by DPR consultant). ♦ Undertake public information campaign at the commencement of the R&IPDP implementation

along with RRM. ♦ Identify and include those PAPs who may have been missed out during the census and socio-

economic survey. ♦ Include those PAPs based on verification of documents and certification from R&R Manager. ♦ Distribute pamphlets covering brief description of SMF, detailed Entitlement Matrix to PAPs,

Village Councils, and concerned Govt. Offices in the project area, etc. ♦ Prepare and distribute identity cards to PAPs. ♦ Prepare micro-plan for entitled persons (EPs) and CPRs separately. ♦ Submit of micro-plan to RRM for verification and then approval from PIU. ♦ Facilitate in opening of joint account of PAPs. ♦ Assist PAPs in receiving disbursement of assistance in open village court. ♦ Assist PAPs in all matters related to compensation and R&R. ♦ Assist and facilitate aggrieved PAPs (for compensation and assistance) by bringing their cases

to Grievance Redressal Committee (GRC). ♦ Organize consultations at regular interval with PAPs with regard to resettlement and

rehabilitation. ♦ Assist PAPs to identify the alternate sites for residence, shop and agriculture plots. ♦ Assist PAPs on allotment of shops and residential plots, if any. ♦ Hold consultations with PAPs regarding the choice of resettlement (i.e. self or assisted),

development of resettlement site, participation of women, etc. ♦ Assist in identification and development of rehabilitation site, if required. ♦ Generate awareness about the alternative economic livelihood and enable PAPs to make

informed choice. ♦ Identify training needs of PAPs for income generation and institutions for imparting training.



♦ Organize training program for skill up gradation of the PAPs. ♦ Undertake outreach activities for HIV prevention for awareness and behaviour change as per

RAP. ♦ Consult Village Council and community with regard to relocation, rehabilitation, reconstruction

of affected CPRs as well as provision of new facilities under the project. ♦ Participate in various meetings organised by PWD. ♦ Submit monthly progress report to RRM and copy to PIU. ♦ Any other activities that may be required for the implementation of R&IPDP, etc.

12.4 Construction Supervision Consultant

A Construction Supervision Consultant (CSC) shall be appointed by the PIU, PWD for each project road or for a combination of project roads for the execution of project execution. The CSC shall be based at site(s). In addition to construction supervision, the CSC will also monitor the implementation of R&IPDP. One of the key personnel of the CSC team will be an R& R expert. The monitoring of R&IPDP will be done for each activity and against the corresponding time frame. In the event of delay of implementation of any activity the CSC would bring it to the notice of the PIU, and suggest corrective measures. The CSC shall submit monthly monitoring report for one year and subsequently quarterly monitoring reports for the remaining period of the project to the PIU, PWD. The functional relation among PIU, Project Road Office, and other bodies set up for implementation of R&R activities is depicted in Figure 1.



Figure 1: Institutional Arrangement for R&IPDP Implementation

12.5 Special Committee

A Special Committee for each affected village will be constituted to determine the replacement value of lands, structures and other properties (trees, crops and other assets, tube well, hand pump, etc.). The Special Committee11 comprises of Project Director & SLAO, PIU, PWD; Nodal Officer, R&D Cell, Environment & Forest Department; representatives of the departments such as Agriculture, Horticulture; Minor Irrigation and representatives of Deputy Commissioner , Village Council President and Secretary of the concerned villages; representatives of PAPs and YMA of concerned villages. The Special Committee shall also be empowered to negotiate with affected land holders for land acquisition of land required for the project, as first choice.

13.0 Training and Capacity Building

Training and capacity building of project staff is an integral part of project implementation. A training needs identification shall be carried out at PIU, and site level, based on which focused training modules will be developed in the first six months of project implementation;

Strengthening in house capacity to implement the provisions of R&IPDP, Creating awareness, providing the tools for implementation of R&IPDP, strategy and

accompanying set of management procedures, Developing competence of key officials to provide training at respective level.

11 Notification enclosed – No. C29018/18/93-PWD dated 30th August, 2013.

Project Director, PIU, PWD

Chief Engineer (Roads), PWD, Govt. of Mizoram

Construction Supervision Consultant

Social Development Specialist (SDS)

SCHM (PIU) (general project related issues)

M&E Agency (Third Party)

Special Committee (Replacement value & Negotiated Settlement)

R&IPDP Implementation Agency (NGO)

Special Land Acquisition Officer (SLAO)

RRM (Site Office)

GRC at District Level (R&R issues)



Based on skill requirement/improvement at all levels for proper implementation of R&IPD, a training programme focusing on project implementation would be developed which will be implemented by the PIU during the project implementation period. These training programs, after a quick training needs assessment, will be conducted with the help of local and national training institutions and experts in various aspects of social management. PIU will identify relevant courses offered by the institutions in India. A separate cost estimate for sub-head training and capacity building shall be provided under Institutional Arrangement head. Topics for training and capacity building and frequency of these trainings are given in Table 5 below:

Table 5 – Topics for Training and Frequency Training Topics Frequency

Social management (introduction, context, R&IPDP objectives and activities 2 days/year Baseline data, methods of data collection/verification and overall M&E of agreed indicators

resettlement policies and legal framework Bi-annual in Year I and Once a year from Year II

Rehabilitation Steps One day/year Grievance redressal process Bi-annually Progress Reporting and participatory monitoring Bi-annually Gender mainstreaming in project implementation process One day/year Labor, EHS and HIV/Aids Quarterly Economic development and skill building/enhancement One day/One time Road safety One day/year

14.0 Grievance Redressal and Complaints Handling Mechanism

14.1 Grievance Redressal Mechanism

The Grievance Redressal Mechanism involves formation of Grievance Redressal Committee. The main objective is to provide a step-by-step process of registering and addressing the grievances. It is expected that this mechanism will ensure redress of disputes through participative process. The redressal process shall comprise three levels.

First level will involve physical verification and certification upon receipt of any grievance such as inaccurate measurement of impacted asset, loss of access, damage to structures, crops during construction, counting of trees etc. that do not involve immediate monetary implications. The physical verification and certification will be carried out by the RRM, R&IPDP Implementation agency, respective VCP in presence of PAPs and appropriate documentation would be done. Response would be provided to the concerned PAP within 7-10 days of receipt of grievance. Financial implications of any changes would be presented to the GRC for consideration and approval

The second will level of resolution be undertaken at the State PIU level by SLAO in consultation with Project Director.

The Third level of resolution would be undertaken by the GRC. A district level Grievance Redressal Committee (GRC) will be formed by the Project Authority (Vide issuance of Govt. Order) within one month from the date of mobilisation of R&IPDP implementation agency at site. The GRC will comprise Project Director, PWD; Additional Deputy Commissioner of concerned district; RRM, representatives of the concerned Village Council President or his/her authorised representative, PAPs and R&IPDP implementation agency and an opinion leader as co-opted member. Grievances of PAPs in writing will be brought to GRC for redressal by the R&IPDP implementation agency. The R&IPDP implementation



agency will provide all necessary help to PAPs in presenting his/her case before the GRC. The GRC will respond to the grievance within 7 days. The GRC will meet once in 15 days but may meet more frequently, depending upon the number of such cases. However, after convening the first GRC meeting, it will not hold any meeting till such time any grievance is brought to the GRC for redressal. Grievances brought to the GRC shall be redressed within a time period of one month (30 days) from the date of receipt of grievance. The decision of the GRC will not be binding to PAPs i.e., decision of the GRC does not debar PAPs taking recourse to court of law. Broad functions of GRC are as under:

• Record the grievances of PAPs, categorize and prioritize them and provide solution to their grievances related to resettlement and rehabilitation assistance.

• The GRC may undertake site visit, ask for relevant information from other government and non-government agencies, etc. in order to resolve the grievances of PAPs.

• Fix a time frame within the stipulated time period of 30 days for resolving the grievance. • Inform PAPs through implementation agency about the status of their case and their

decision to PAPs. The Grievance Redressal Mechanism for the project is shown in Figure 2.

Fig. 2 – Grievance Redressal Mechanism

Entitled Persons (EPs)

SLAO

Not Redressed/ Option to move court

Grievance Redressal Regarding R&R Provisions

Grievance Redressal Committee (GRC)

Grievance Redressal Regarding Land Acquisition

Redressed R&R Manager (RRM)

NGO/ Leaders of the PAPs

Civil Court

Redressed

Not Redressed

Not Redressed/ Option to move court

Project Director

Redressed



14.2 Suggestion and Complaint Handling Mechanism

The Right to Information Act, 2005 provides for setting out the practical regime of right to information for citizens. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to pro-actively publish certain categories of information so that the citizens need minimum recourse to request for information formally. Thus under the act, citizens have right to seek information from concerned agencies by following the set procedures. However, it is quite likely that many people may not use the provisions of this Act, except in some cases of major concerns. The proposed project roads is likely to involve large scale of civil works along with R&R and Environment issues. It is expected that people would like to know project information, provide suggestions and also lodge complaints during the project implementation period. As a good practice, to address public concerns pertaining to various issues, PWD will establish a Suggestion and Complaint Handling Mechanism (SCHM) at PIU and site offices. SCHM will report all project related LA and R&R of the PAPs for redressal through the concerned PIU or GRC as appropriate. Several communication channels viz., toll free phone number, dedicated email, mechanism for on line submission of suggestions/complaints/inquiries, provision of suggestion/complaint box (at site and project road office), post and other suitable means shall be set up for suggestion and complaint handling. Details of SCHM are provided as Annexure 5. 15.0 Monitoring and Evaluation (M&E)

The monitoring and evaluation related to social safeguards shall also be covered as part of the overall monitoring and evaluation of the project. The R&IPDP will contain specific indicators and benchmarks for achievement of the objectives under the resettlement programme. These indicators and benchmarks will cover:

i) Proposed indicators, indicating project inputs, expenditures, staff deployment, etc. ii) Output indicators, indicating results in terms of numbers of project affected persons

compensated and resettled, training held, credit disbursed, etc, iii) Impact indicators, related to the longer-term effect of the project on people’s lives. iv) Complaints and Grievances received and resolved

The benchmarks and indicators will be limited in number, and combine quantitative and qualitative types of data. Some of these indicators may include, percentage of PAPs actually paid compensation before any loss of assets; percentage of PAPs whose incomes after resettlement are better than, or at least same as before resettlement; percentage of assets valued at replacement cost compensation; percentage grievances resolved; and/or percentage of cases to court. The first two types of indicators, related to process and immediate outputs and results, will be monitored to inform project management about progress and results, and to adjust the work programme where necessary, if delays or problems arise. The results of this monitoring will be summarized in reports which will be submitted to the World Bank on a regular basis. Provision will be made for participatory monitoring involving the project affected persons and beneficiaries of the resettlement programme in assessing results and impacts. Thus M&E would be carried out for regular assessment of both processes followed and progress of the R&IPDP implementation. The internal monitoring will be carried out by the PIU, PWD with assistance from NGO and RRM and a quarterly report will be submitted to the World Bank. Each quarterly report would also be uploaded on the PWD website. The external agency (third party) will carry Evaluations at the mid and end term for each project road by undertaking field visits and all other necessary activities including


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consultations, HIV Awareness and prevention activities and extension of benefits to the road sie community etc… . The Monitoring reports would cover detailed information on process and progress of R&IPDP implementation. The report would highlight issues, if any that need attention of the PIU, PWD and suggest corrective measures that may be followed for better implementation of R&IPDP. The mid-term Evaluation would focus on progress and suggest necessary course correction measures. At the end of the project, an impact evaluation will be carried out as part of the project completion report that would assess the impacts and outcomes of the R&IPDP interventions and thereby achievement of the overall R&IPDP objective. It will use the defined impact indicators as a basis for evaluation. Specifically, the evaluation will assess: (i) The level of success (including the constraints and barriers) in land acquisition programme, resettlement plan, and income recovery of the PAPs after they have been displaced from the project affected area, and, (ii) the types of complaints/ grievances (covering compensation, resettlement, etc.) and the level of success achieved. All quarterly Monitoring and Mid and End-term Evaluation reports shall be submitted to the World Bank for review. A framework for reporting with sample indicators is presented in Annexure 6. 16.0 Resettlement Budget

The resettlement budget will comprise itemized estimate of compensation for land, structures, trees, crops, various resettlement assistances, rehabilitation or replacement of CPRs including land, if government land is not available, institutional cost, contingency, additional studies if required, cost towards implementation, engagement of R&IPDP implementation agency, M&E consultants, etc.

The cost of social safeguards management including LA and R&R has been budgeted as part of the overall project costs. All LA and R&R cost would be met out of Govt. of India funds. Other costs relating to consultancies, goods and works for implementation of R&IPDP such as trainings, awareness of HIV/AIDS, fees for NGOs, monitoring and other institutional arrangement would be met with World Bank funds following World Bank procurement procedures.

17.0 Revision/ Modification of SMF

The SMF is an “up-to-date” or a “live document” enabling revision, when and where necessary. Unexpected situations and/or changes in the project or sub-component design would therefore be assessed and appropriate management measures will be incorporated by updating the SMF to meet the requirements of applicable legislations and Bank safeguards policies. Such revisions will also cover and update any changes/modifications introduced in the legal/regulatory regime of the country/ state. Also, based on the experience of application and implementation of this framework, the provisions and procedures would be updated, as appropriate in consultation with the World Bank and the PWD, Govt. of Mizoram. Any changes to the SMF will required to be cleared by the Bank.


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