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Resettlement Plan for Koturekandi Jessore - LGED

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3. Area and location6. The Katurakandi subproject area is located at Bandhabila Union of BagharaparaUpazila under <strong>Jessore</strong> district. All the project areas are surrounded by agricultural land.The reexeavation of this sifted will protect the command area from water loggingthrough draining out water to Chitra river during this monsoon. One sluice gate will alsobe constructed at the junction point of the canal/Khal and Chitra river which will controlthis water flow or Chitra river is the subproject beneficiary area.7. The proposed subproject has a gross benefited area of 900 ha with a net benefitedarea of 750 ha. The total catchment area of the khal is 900 ha; but to a large extent, thekhal is silted, leading to extensive drainage problem. Re-excavation of the khal willremove the drainage problem and drainage improvement will also release some areas<strong>for</strong> Rabi crops and to facilitate planting HYV Boro on a timely basis.8. The Katurakandi khal has been silted up significantly. As a consequence, significantwater-logging occurs and the khal cannot drain out to its outfall, Chitra river. Most of thearea in the subproject is vulnerable to drought in the Dry Season and flooding in theMonsoon. Monsoon flooding and drainage congestion is the major reason <strong>for</strong> cropdamage. So the re-excavation of the Katurakandi khal is of critical requirements toimprove the situation. Drainage improvement will also increase in areas <strong>for</strong> Rabi orTransplanted Amon crops and facilitate plantation of HYV Boro in a timely manner.Excavation of the 850mt khal will protect the area from water logging through drainingout the logged water to Chitra river during this monsoon.4. Socioeconomic Survey Results of Beneficiaries9. There are 1,396 households with an approximate population of 6,788 within thissubproject area. About 65% of the households are involved in agriculture relatedactivities <strong>for</strong> livelihood. About 36% households in the subproject area are landless andabout 30% and 21% are marginal and small farmers respectively. The landless,sharecroppers, marginal and small farmers together operate about 51% land in thesubproject area. The subproject area is consisted of five villages. People all thesupportive to the Subproject and there is no known opposition to it. There is no socialconflict between communities in the area. It is expected that the implementation of thesubproject would generate additional employment (including short-and long-term) andincrease agricultural production, which would have multi-dimensional effect on povertyreduction and consequent socio-economic upliftment of the area will take place.10. The number of households within the command area of the subproject is 1,396;while, the directly beneficiary households are 302 with a population of size 1,372 living at5 villages of Katurakandi union. The average number of people per household is 4.54. Outof the total 302 households about 50% are farmers, 30% day laborers, 6% fishers andnavigators, 10% trade transport etc and 4% are in other occupations.11. Out of the total 1,396 households of the subproject area, roughly 36% are landless,30% are marginal farmers, and 21% are small farmers, 9% medium, and only 4% largefarmers. The proposed subproject covers an area of 900 ha of land of which 750 ha areexpected to be brought under irrigation after the re-excavation of the canal/khal.4


32. Table-8; clearly reflects that, <strong>for</strong> the reasons unknown, NGO coverage among theaffected 24 households is very high. The fact may be that 75% of the households arepoor (Table-7). It is to be noted that three-fourths of the 24 APs are members ofWMCA.Table-9: Number of Affected Households in Relation to Latrine in HomeSl No Name of Number of Households in Relation to LatrineVillagesPacca Semi Pacca No Latrine Total1 Koturakandi 14 8 2 24Total 01 14 8 2 24Percentage 58 34 8 10033. Nearly 8% of the affected 24 households do not have any kind of latrine, which isthe clear reflection of poverty among the affected households. Again, from here itmay be said also that some social development should also be undertaken in theaffected area as the concomitant of poverty reduction activities.34. It has been mentioned in Table-2 that the 24 affected households will lose theirright to cultivating or using 1.023 acre silted khas land when the canal/khal will be reexcavated.27.3 of the 102.3 decimal affected land were under seed bed preparation(one time in a year) and the compensation has been determined at Tk.1000 perdecimal by the PVAT. So the total amount of compensation <strong>for</strong> the 27.3 decimal landwill be 27.3 decimal x Tk.1000 = Tk. 27300. On the basis of this compensation rate,the amounts of compensation are calculated <strong>for</strong> each of the 10 affected persons (ofthe 24 APs, 10 are affected by seed bed) and the table below provides thedistribution of the affected persons in relation to the amounts of losses to beincurred by them.Table-10: Number of Affected Households in Relation to the Amount of Money tobe Lost Due to Losing Access to Khas LandSl No Name ofNumber of Households in Relation to AmountVillagesof LossUp to- 2001- 3001- 4001- Above Total2000 3000 4000 5000 50001 Koturankndi 2 9 1 3 9 24Total 01 2 9 1 3 9 24Percentage 8.33 37.50 4.17 12.50 37.50 100* 4 of them will receive compensation both <strong>for</strong> trees and seed bed35. From Table-2 it can be computed that the average amount of loss per affectedhousehold is around Tk. 2,730 (10 of the 24 APs, will be affected by seed bed). Again,none of the 24 APs will lose more than 10% of their annual income due to the loss ofcultivation right to khas land. Instead, their income will be increased due to reexcavationof the canal/khal which will create irrigation facility during the Boroseason.11


36. The subproject has a very significant impact on the livelihood of the AHHs.According to the local people they will get more benefit from the subprojectcompared to their losses. Almost all of the 24 AHHs cultivating khas land within thekhal are landless or marginal farmers. Special attention needs to be given to all theAHHs who will become vulnerable due to implementation of the subproject.Livelihood enhancement will be provided through employment and incomegenerating activities <strong>for</strong> vulnerable AHHs. The related sub-components shown below,and the activities of employment and income generation, will be undertaken by theWMCA.° Sub-component: (a) Community-based routine maintenance of the canal and otherwater management facilities. The activities under this are: (i) organizing canalmaintenance groups; (ii) skills training and capacity building; (iii) delivery of basictools and equipment; and (iv) engaging APs as works in the subproject.° Sub-component: (b) Social <strong>for</strong>estry, site plantation, and nursery development. Theactivities are: (i) organizing Community Forestry Groups (CFGs); (ii) skills training ofCFGs; (iii) tree plantation <strong>for</strong> canals; and (iv) seeds and saplings <strong>for</strong> establishingnurseries.° Sub-component: (c) Income generation using existing water resources byimplementing activities, such as, (i) strengthening self-help groups (SHGs); (ii) skillstraining and capacity building of groups; and (iii) initial supplies of inputs needed <strong>for</strong>materializing the training into actions.37. The number of indirectly AHHs is nil. Agricultural lands are mainly cultivated bythe farmers with the help of some hired laborers only when required and theselaborers also work in other fields in the locality. So there is little chance <strong>for</strong> them toremain jobless.38. The majority of the APs who participated in the group discussions andstakeholders meetings have expressed their high expectation <strong>for</strong> social and economicbenefits from the subproject. Local administration and people’s representatives suchas Chairman and members of the UPs have assured the Project authority that theywill extend cooperation. They also expected that fishing (open water and cultured)opportunities will be enhanced, which will help in improving their socioeconomicconditions.39. In general, the community responded positively to the subproject. However,some concerns were raised and most of these are related to proper and timelycompensation payments <strong>for</strong> their lost assets and income. Their concerns were overdelays in compensation payment and apprehension of harassment in receivingcompensation payment from the Government.• During meetings the participants indicated that the implementation of thesubproject will be beneficial to all the people of the locality. However, according tothe subproject feasibility study and present survey, there is no land to be acquired inwhich case Government payment must not be a big issue. During group discussionsparticipants desired help and assistance from the Project to simplify thecompensation payments procedure.12


• For security reasons and <strong>for</strong> ease of payments to APs, temporary camps may be setup in the vicinity of the affected areas.• People losing livelihood from the cultivated khas land in khal are very muchconcerned and skeptical about their compensation as they do not have right to theland but have been using it <strong>for</strong> generation.C. LAND ACQUISITION AND RESETTLEMENT POLICY FRAMEWORK ANDENTITLEMENTS1. Land Acquisition and <strong>Resettlement</strong> Principles40. Land acquisition and resettlement of the APs, and providing special assistance tovulnerable and indirectly affected APs in re-establishing their livelihood and incomehave been conducted in accordance with the GoB’s Acquisition and Requisition ofImmovable Properties Act of 1982 and amendment in 1993. The Draft National Policyon <strong>Resettlement</strong> and Rehabilitation (NPRR); and the Asian Development Bank’s(ADB’s) Policy on Involuntary <strong>Resettlement</strong> (1995) as well as by following ‘bestpractices’ followed in Bangladesh (i) avoiding involuntary resettlement wherefeasible, (ii) minimizing displacement by considering all alternatives where populationdisplacement is unavoidable, and (iii) ensuring that displaced people receiveassistance so that they would be at least as well off as they would have been in theabsence of the project. The following are major elements of the policies/practices areexpected to be adopted by the Project:(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)Involuntary resettlement and loss of livelihood will be avoided wherefeasible;Where population displacement is unavoidable, it will be minimized byexploring all viable project options;People unavoidably displaced will be compensated and assisted, so thattheir economic and social future will be generally as favorable as it wouldhave been without the Project;Vulnerable APs will be provided with resettlement facilities or support toresettle in proximity to their social groups and good communicationnetwork with employment opportunities;People affected will be in<strong>for</strong>med fully and consulted on resettlement andcompensation options;Gender equity will be maintained in resettlement planning andimplementation;Existing social and cultural institutions of resettlers and their hosts will besupported and used to the greatest extent possible, and resettlers will beintegrated economically and socially into host communities;The absence of a <strong>for</strong>mal title to land by some effected groups will not be abar <strong>for</strong> compensation, particular attention should be paid to householdsheaded by women and other vulnerable groups, such as indigenous13


people and ethnic minorities, elderly and disable persons and appropriateassistance provided to help them improve their status;(ix) As far as possible involuntary resettlement will be conceived and executedas part of the Project;(x) People who will be affected indirectly will be facilitated to regain theirlivelihood and socio-economic status;(xi) Participation of the local community will be ensured throughincorporating them in different committees involved in planning through(xii)implementation process of RP; andThe full cost of resettlement will be included in the presentation of Projectcosts and benefits41. The subproject resettlement activities will be carried out in consultation with theAPs, and all ef<strong>for</strong>ts will be made to minimize disruption during the Projectimplementation. A Detailed Measurement Survey (DMS), including a full census willbe conducted once the detailed design has been approved. The date of census will bethe cut-off date <strong>for</strong> resettlement benefits; and any encroachers/in<strong>for</strong>mal settlersafter that date will not be entitled to resettlement benefits. For land title-holders,notification under Section 3 by the DC under the LAA will constitute the cut-off date.2. The Entitlement Matrix42. An entitlement matrix has been prepared on the basis of currently known impacts(Table-10). It identifies the categories of impact based on surveys carried out in thesubproject area and shows the entitlements <strong>for</strong> each type of loss. The entitlementmatrix will also incorporate potential impacts which will be confirmed by the DMS(census and SES) after finalization and approval of the DD. If new impacts areidentified later during preparation of final RP, based on the DMS, then losses will beincluded in the entitlement matrix and the final RP will be revised accordingly. It maybe mentioned that the compensation money must be paid through Account payeecheck when the amount is above Tk. 1,000. For up to Tk. 1,000 the compensationmoney should be paid through the bearer check.14


Table 11: Entitlement Matrix and Responsible Implementation AgenciesSl#Nature of Loss1 Loss of Land(Agricultural,Commercial,Homestead,Pond, Gher(Shrimp Ponds)Boroj (Betel LeafProduction Land)Definition ofEntitled Person(EP)Legal owner of theland at the time ofserving noticeunder Section 3 ofLA LawsEntitlementsReplacement land orCCL (Market valueassessed by DC pluspremium as per Law)Additional grant tocover MaximumAllowableReplacement Value(MARV) of land.Stump duty tofacilitate landpurchase;Compensation <strong>for</strong>standing cropsassessed byDC/PVAT; Landdevelopment cost <strong>for</strong>homestead andcommercial landlosers (if applicable)assessed by PVATRelevant Policy LegalSectionThe Acquisition andRequisition ofImmovable PropertyOrdinance, 1982(Ordinance No. II of1982) & amendmentby Ordinance VII of1993Implementation Issuesa. Assessment of quantityand quality of landb. Assessment of MarketValuec. Assessment of MARV byLand Market Survey (LMS)d. Title updatinge. Payment of CCLf. APs will be fully in<strong>for</strong>medof the entitlements andprocedures regardingpaymentg. Additional cash grant tocover the replacementvalue of land h. Stampduty will be due to an EPin case of land purchasewithin one year ofreceiving CCL from DCsh. Stamp duty will be due toan EP in case of landpurchase within one yearof receiving CCL from DCsi. Compensation <strong>for</strong>standing cropsa. DC, <strong>LGED</strong>b. DC, <strong>LGED</strong>ImplementationResponsibilityc. EA/WMCA/UPd. DCe. DCf. EA/WMCA/UP, <strong>LGED</strong>g. EA, CROh. <strong>LGED</strong>-CRO/EAi. DC/<strong>LGED</strong>15


Sl Nature of Loss#2 Loss of UnderWater Land (Charland)Definition of EntitledPerson (EP)Legal owners(s) ofland (DCs in case ofkhas land afterlegally establishedAD 8 line), theprevious privateowners of Khas landidentified at the timeof eroding the landinto river/Khal belowthe AD line as perland rent recordEntitlementsi. As 1 if DC cannot declarethe land khas,ii. Case of Khas – cashcompensation under CCLto respective DCs without50% Premiumiii. Value of eroded Khasland assessed by PVAT-tothe previous ownerswhose land was recordedRelevant Policy LegalSectionThe Acquisition andRequisition ofImmovable PropertyOrdinance, 1982(Ordinance Bo. II of1982) & amendment byOrdinance VIII of 1993ImplementationIssuesa. Assessment ofquantity andquality of landb. Assessment ofMarket Valuec. Assessment ofMARV by LMSd. Title Updatinge. Payment of CCLf. APs will be fullyin<strong>for</strong>med of theentitlementsand proceduresregardingpaymentg. Additional cashgrant to covertheReplacementValue of land.h. Stamp duty willbe due to an EPin case of landpurchase withinone year ofreceiving CCLfrom DCsImplementationResponsibilitya. DC, <strong>LGED</strong>b. DC, <strong>LGED</strong>c. EA/WMCA/UPd. DCe. DCf. EA/WMCA/UP,<strong>LGED</strong>- CROg. <strong>LGED</strong>-CRO/EAh. <strong>LGED</strong>-CRO/EA16


Sl#Nature ofLoss3 Loss ofHomestead/Commercialand Otherstructure byOwnersDefinitionof EntitledPerson (EP)Legal ownerof the landat the timeof servingLA noticeSection 3 asrecorded inthe LAaward BookEntitlementsi. CCL (Market value plus 50%premium as per Law)ii. Additional grant to covermarket value of the structureiii.Transfer grant(TG) @ 12.5%of the value of non-masonry(kutcha) and semi-pucca and5% <strong>for</strong> masonry (pucca)structure assessed by PVATiv.Owner will be allowed totake all salvageable materials(free of cost) withoutdelaying the project workv.Re-construction grant(CG) @12.5% of the value of allstructures assessed by thePVAT <strong>for</strong> titled ownersvi.Special assistance <strong>for</strong>Female Headed/VulnerableHouseholds @ TK 2000, TK3000 and TK 5000 <strong>for</strong> kutcha,semi pucca and puccastructurevii.Land/HomesteadDevelopment Grant assessedby PVATviii. Special Assistance of TK5000/= <strong>for</strong> VulnerableHouseholds having disabledmember in the familyRelevant Policy LegalSectionThe Acquisition andRequisition ofImmovable PropertyOrdinance, 1982(Ordinance Bo. II of1982) & amendmentby Ordinance VIII of1993Implementation Issuesa. Assessment of no. and qualityof structureb. Assessment of market valuec. Assessment of MARV by LMSd. Title updatinge. Payment of CCL, plus 50%premiumf. APs will be fully in<strong>for</strong>med ofthe entitlements andprocedures <strong>for</strong> getting thoseg. Additional grant to cover theMARV of the structure landh. Allowed to take away thesalvageablei. Transfer grant @ 12.5% ofthe assessed value of thestructurej. Construction Grants @ 12.5%of the assessed value of thestructurek. Special Assistance to FemaleHeaded Households bycategory o the structurel. Homestead loser will beeligible to get HomesteadDevelopmentandReconstruction Grantm. Special assistance toVulnerable Households withdisabled family memberImplementationResponsibilitya. DC, <strong>LGED</strong>b. DC, <strong>LGED</strong>c. IA/WMCA/UPd. DCe. EA/WMCA/UP,<strong>LGED</strong> CROf. <strong>LGED</strong> CRO/EAg. <strong>LGED</strong> CRO/EAh. <strong>LGED</strong> CRO/EAi. <strong>LGED</strong> CRO/EAj. <strong>LGED</strong> CRO/EAk. <strong>LGED</strong> CRO/EAl. <strong>LGED</strong> CRO/EAm. <strong>LGED</strong> CRO/EAn. <strong>LGED</strong> CRO/EAo. <strong>LGED</strong> CRO/EA17


Sl#Nature of LossDefinition ofEntitled Person(EP)EntitlementsRelevant Policy LegalSectionImplementationIssuesImplementationResponsibility4 Loss of Access toCultivate Land ByFarmers,Tenant/Sharecroppers includingcultivators of KhaslandFarmers, tenantsand sharecroppersof the land undercontract asidentified by theSES to beconducted duringimplementation ofRPi. Transition Allowanceequivalent to oneyear’s net income fromthe cultivable land tofarmer,tenant/sharecropper,based on Market Valueof the crops/fishThe Acquisition andRequisition ofImmovable PropertyOrdinance, 1982(Ordinance Bo. II of1982) & amendment in1993a. Individualsidentified by thecensus/SES asFarmer, tenant orsharecropper oflandb. Cash grant asdetermined byassessment will bepaid after takingpossession of thelandc. The legal ownercertifies thetenancyd.SES will identify thefarmer(cultivator ofkhas land),tenant/sharea. EA/WMCA/UP,<strong>LGED</strong>b. <strong>LGED</strong> CRO/EAc. <strong>LGED</strong>d. <strong>LGED</strong>18


Sl#Nature of Loss5 Loss ofTrees/PerennialsDefinition ofEntitled Person(EP)Persons with legalownership of theland where thetrees are locatedand crops aregrown at the timeof serving finalnotice or asrecorded in the LAaward bookEntitlementsi. Compensation at themarket value, based onproductivity and age oftrees and value of thefruit assessed byProperty ValuationAssessment Team(PVAT)ii. Additional 30% ofassessed value ascompensation <strong>for</strong> fruitbearing trees withtimberiii. One time crop of eachgrown up tree (likebanana tree)iv.Tree losers will beencouraged to plantmore trees by providing5 saplings free of cost toeachaffectedhouseholds.Relevant Policy LegalSectionThe Acquisition andRequisition ofImmovable PropertyOrdinance, 1982(Ordinance Bo. II of1982) & amendment byOrdinance VIII of 1993ImplementationIssuesa. Assessment of lossand market valueof the lossb. Payment of CashCompensation <strong>for</strong>the lossesc. Additional cashgrant to cover thereplacement valueof the losttree/perennials (ifnecessary)d. Owner will beallowed to fell andtake the tree andfruits, afterpayment ofcompensationImplementationResponsibilitya. DC, <strong>LGED</strong>b. DCc. <strong>LGED</strong>19


Sl#Nature of Loss6 Loss ofResidence/Commercial Structures byOwner or SquattersDefinition ofEntitled Person(EP)Owner of thestructureidentified by SESEntitlementsi. Cash compensation <strong>for</strong> thestructure at market valueii. Transfer grant (TG) @ 12.5%of the value of kutcha andsemi-pucca and 5% <strong>for</strong> puccastructure assessed by PVATiii. Owner will be allowed totake all salvageable materials(free of cost without delayingthe project workiv.Re-construction grant (CG) @12.5% of the value of allstructures assessed by thePVAT <strong>for</strong> titled ownersRelevantPolicy LegalSectionMeasures inRP as perADBguidelinesImplementation Issuesa. Payment of structure costb. Verification of SES and otherrecordsc. APs will be fully in<strong>for</strong>medabout their entitlement andassisted in obtaining itd. A Transfer Grant to eachhousehold will be paidbe<strong>for</strong>e/during vacating theproject sitese. Removal cost <strong>for</strong>commercial structure at thesame rate to the owners ofstructuresf. Reconstruction Grant <strong>for</strong>eachstructure(household/commercial) willbe paid be<strong>for</strong>e/duringvacating the Project siteg. Special assistance to FemaleHeaded/vulnerableHouseholdImplementationResponsibilitya. <strong>LGED</strong>-CRO/IADCb. <strong>LGED</strong>c. <strong>LGED</strong>d. <strong>LGED</strong>-CRO/EAe. <strong>LGED</strong>-CRO/EAf. <strong>LGED</strong>-CRO/EAg. <strong>LGED</strong>-CRO/EA20


Sl#Nature of Loss7 Loss of access tohouse/commercialstructure (rented orlease)8 Losses of residenceby in<strong>for</strong>malsettlers/encroachersor unauthorizedoccupantsDefinition ofEntitled Person(EP)Tenantsrenting/leasingthe property asidentified by thesocio-economicsurveyHeads ofHouseholdsoccupyinghomestead landillegally orsquatting on RoWas identified bySESEntitlementsi. One-time cash grant <strong>for</strong>facilitating alternativehousing/structure assessedby PVATi. Cash compensation <strong>for</strong> thestructure at market valueii. Transfer grant (TG) @12.5% of the value of kutchaand semi-pucca and 5% <strong>for</strong>pucca structure assessed byPVATiii. Owner will be allowed totake all salvageable materials(free of cost without delayingthe project workiv Re-construction grant (CG)@ 12.5% of the value of allstructures assessed by thePVAT <strong>for</strong> titled ownersRelevant PolicyLegal SectionMeasures in RPas per ADBguidelinesMeasures in RPas per ADBguidelinesImplementation Issuesa. Verification of SESRecords and otherRecordsb. A shifting Allowance perunit will be paid be<strong>for</strong>erelocation from projectsitesa. CCL <strong>for</strong> structures ifrecognized by DCsb. Verification of SES dataand the Award Bookc. Compensation <strong>for</strong> loss ofstructure (as mentionedin Sl No. 6)d. Transfer or shifting costper household (asmentioned in Sl NO.6)a. <strong>LGED</strong>ImplementationResponsibilityb. <strong>LGED</strong>-CROa. DCb. <strong>LGED</strong>c. <strong>LGED</strong>-CROd. <strong>LGED</strong>-CRO/EA21


Sl#Nature of Loss9 Loss of Business byshops/businessowners due todislocation10 Loss of income,Employment/WorkOpportunity of Fulltime/part timeWorkersDefinition ofEntitled Person(EP)Owner/Operatorof the businessas recorded bythe SocioeconomicSurveyWorkers ofaffected businessas recorded inthe SESEntitlementsi. Business RestorationGrant to owners, rentersand leaseholdersassessed by PVAT (notless than 6 months netincome)ii. Non titled shop ownersabove the poverty line willnot be eligible <strong>for</strong> businessrestoration granti. One time cash grant <strong>for</strong> 90days at the rate of localwage rateRelevant PolicyLegal SectionMeasures in RPas per ADBguidelinesMeasures in RPas per ADBguidelinesImplementation Issuesa. All persons recordedby the SESb. Cash grant to be paidbe<strong>for</strong>e leaving theproject landa. All persons recorded bythe SESb. Cash grant to be paidbe<strong>for</strong>e takingpossession of landc. Involvement of the EPin Project civil worksImplementationResponsibilitya. <strong>LGED</strong>b. <strong>LGED</strong>-CRO/EAa. EA/<strong>LGED</strong>-CROb. <strong>LGED</strong>-CRO/EAc. EA/<strong>LGED</strong>-CRO22


Sl#Nature of Loss11 Loss of access toutility services suchas piped Watersupply, Gas,Electricity,Sewerage line orTelephoneDefinition ofEntitled Person(EP)Legal owner ofthe structurewith utilityservices at thetime of servingLA notice section3 as recorded inthe LA AwardBook. Or only thelegal owner ofthe utility serviceas identified bySESEntitlementsi. Cash compensation <strong>for</strong>the utility facilities atMarket valueii. One time cash grant totransfer/re-installmentthe utility service to newlocationRelevant PolicyLegal SectionThe Acquisitionand Requisitionof ImmovablepropertyOrdinance, 1982(Ordinance Bo. IIof 1982) &amendment byOrdinance VIII of1993Implementation Issuesa. Payment of CCL <strong>for</strong> thelossesb. Verification of SES andother recordsc. APs will be fullyin<strong>for</strong>med about theirentitlement andassisted in obtaining itd. A transfer/reinstallmentgrant <strong>for</strong>identified utilities toeachhousehold/structureowner (renter) will bepaid during or aftervacating the projectsitesImplementationResponsibilitya. DCb. EA/<strong>LGED</strong>c. EA/<strong>LGED</strong>d. <strong>LGED</strong>-CRO23


Sl#Nature of Loss12 Loss ofcommunityfacilities/commonpropertyresources by APs13 Adverse impact onthe hostcommunities dueto relocation ofAPs during andafter projectimplementationDefinition ofEntitled Person(EP)Community as awhole where theAPs will relocateAffected or hostarea/village wherethe APs willrelocateEntitlementsi. CCL <strong>for</strong> structureii. Transfer Grantiii. Reconstruction/Improvement of the community,facilities/common propertyresourcesi. Provision <strong>for</strong> additional civicamenities (roads, tube-well<strong>for</strong> drinking water,community slab latrines, tocommunity facilities)Relevant PolicyLegal SectionThe Acquisitionand Requisitionof ImmovablepropertyOrdinance, 1982(Ordinance Bo.II of 1982) &amendment byOrdinance VIIIof 1993N/Aa. CCLImplementation Issuesb. Cash grant <strong>for</strong>transfer/reconstruction ofstructureImplementationResponsibilitya. DCb. <strong>LGED</strong>-CRO/IAa. Assessment of community needsa. <strong>LGED</strong>b. Consult the hostpopulation and provision<strong>for</strong> common property b. <strong>LGED</strong>resourcesc. Implement themitigation programsc. <strong>LGED</strong>-CRO/EA24


D. CONSULTATION AND DISCLOSURE1. Consultation and Stakeholders’ Participation43. Consultation and communication with APs and other stakeholders during thepreparation stage of the subprojects will be an integral part of gathering relevant data<strong>for</strong> impact assessment. Moreover, Sharing of knowledge and experiences help thedevelopment of appropriate options <strong>for</strong> resettlement of APs. The RP will be disclosed tothe affected community in Bengali in FGDs to obtain the views of APs and otherstakeholders on the compensation and resettlement provisions as per Government lawsand ADB guidelines. As appropriate, the contribution of APs and beneficiary groups willbe included in the subproject’s RP.2. Grievance Redress Mechanism44. The Ministry of Local Government, Rural Development and Cooperatives (MoLGRDC)through a gazette notification <strong>for</strong>med two committees namely Property ValuationAdvisory Team (PVAT) and Grievance Redress Committee (GRC) vide No40.068.004.00.00.002.2011-161 dated 10-03-2011 <strong>for</strong> implementation of the Project’ssubproject RP. The GRC was <strong>for</strong>med <strong>for</strong> resolving any grievances involving resettlementbenefits, relocation and other assistance. The scope and responsibility of the GrievanceRedress Committee has been clearly defined in the gazette.45. The GRC consists of one local Representative from <strong>LGED</strong> who will chair the GRC.Members will include AP representatives, including one male and one female;representatives of the UP; and one member from the INGO, who will act as membersecretary. The GRC will be <strong>for</strong>med immediately after LAP/RP is approved; and the PIC,Social Safeguard Specialist or INGO Area Manager will facilitate and coordinate the GRCactivities.46. The GRC will have the power to resolve resettlement and compensation issuespreemptive to their being addressed through the legal system. The functions of the GRCwill be to:1. Receive application of APs grievance within one month of the receipt of IDcard or from when APs are in<strong>for</strong>med of their entitlements.2. Hold open hearings in the office of the Chairperson and resolve thegrievance within 15 days of receiving complaints from APs.3. In<strong>for</strong>m aggrieved persons about GRC meetings and give them anopportunity to place their grievance be<strong>for</strong>e the GRC.4. Keep meeting minutes and records of grievances.5. Refer the APs grievances to the Dc or the concerned legal authority, if thegrievance relates to land acquisition or conventional law.6. Make decisions to resolve APs grievances following RP policy, if outsideconventional law and the grievance does not lend itself to arbitration.7. Amicably resolve issues quickly without resorting to expensive, timeconsuming legal actions.8. Ensure participation of concerned local people and be an advocate <strong>for</strong> theinterests of vulnerable APs.25


47. Prior to using the GRC, all ef<strong>for</strong>ts will be made at the Subproject level to reachin<strong>for</strong>mal resolution of APs grievances. Only then will the GRC be approached by APshaving grievances. Grievance cases from the APs will be received in the office of the GRCChairperson. Upon receipt of complaints, the GRC will organize hearings and passverdicts, which will be <strong>for</strong>mally conveyed to the concerned APs. The GRC will settle thedisputes within 15 days of receiving the complaint from APs. If the complaint is notresolved at GRC level, the matter may be referred to the court.E. COMPENSATION AND RESETTLEMENT BUDGET AND FINANCING48. Compensation <strong>for</strong> Crops: This subproject does not need any budget <strong>for</strong> land acquisitionas all the land is khas land (owned by the Government) and in this project this is beingcultivated and used by 24 persons(4 of them are using both <strong>for</strong> seed bed and trees) ofkaturakandi village of Bondhavilla Union. The total land being cultivated and used bythem=102.3 decimal of which the area under crop (seed bed) 27.3 decimal. The rest .75decimal is under trees. As per RF, bearing of the full costs of compensation will be theresponsibility of <strong>LGED</strong> and they will pay only <strong>for</strong> the compensation of crops, trees andstructures. For seed bed, the rate is TK. 1000 per crop per decimal, as has been determinedby the PVAT. So the total amount of compensation <strong>for</strong> seed bed will be 27.3 decimal X 1000=Tk.27,300. It is to be noted that the cash compensation <strong>for</strong> crops covers the period of <strong>for</strong>thcoming one year which includes not only the standing crops but also the crop seasons of theyear yet to come. A very important point is that the entire compensation amount is outsidethe CCL and to be given/paid by <strong>LGED</strong> through the INGO with the help of DC office.49. Compensation <strong>for</strong> Trees and Fruits: Of the 24 APs, 4 (ID No. 1-4 in Annex-1) will beaffected by trees in 0.75 acre of land. The total number of APs to be affected in this 0.75acre of land=18 (Annex-1) and its total value, as has been assessed by the PVAT is Tk.1,87,300 (Annex-1). It is to be noted that some of the affected trees are of fruit bearingtrees. The total fruit value of the fruit bearing trees, as has been assessed by the PVAT, wasTk. 9,300 (assessed in individual tree basis in Annex-1). Moreover, all the APs affected bytrees will be given 5 saplings free of cost. Amount of money needed <strong>for</strong> purchasing the 90saplings (AP=18, each will get 5 saplings, total saplings=18X5=90) =90 saplings X Tk. 100 persapling= Tk. 9,000. So the total amount of compensation <strong>for</strong> trees= value of trees + value offruits + value of saplings= Tk. (1, 87,300+ 9,300+ 9,000) = Tk. 2, 05,900.Moreover, the treeowners will the allowed to cut and take away all the salvageable materials of trees withinthe period to be fixed up by the WMCA.50. Compensation <strong>for</strong> Structures: None of the 24 affected aPs will be affected by structures.51. Grant to Female APs: None of the 24 APs were female. So grant to female APs is notapplicable to this subproject.26


Table 12: Budget <strong>for</strong> Compensation and Special Assistance to APsNo.ADescriptionCompensation <strong>for</strong> Loss of crops(seed bed) in 27.3 decimal land(Para 48).NumberofAPsRate (TK)*10 As per PVATRate=Tk.1000 perdecimal <strong>for</strong>one timeseed bed.Amount (TK)27,300.00BCompensation <strong>for</strong> trees: wood value+ fruit + sapling(Para 49)18 As 1,87,300determinedby the PVAT2,05,600.00C Preparation of EP/EC file & payment4,800.00statement (Tk. 150 per AP), and cost Tk.200 Perof meetings, stationery, food &other miscellaneous cost <strong>for</strong> <strong>LGED</strong>24 APofficials during disbursement ofcompensation (Tk. 50 per AP): totalTk. 200 per AP.D Grand Total: (A+B+C) 2,37,700.00* The Subproject is located at Government land; so there will be no compensation <strong>for</strong> land.53. The cost of cash compensation will be provided by the Project. The benefits will be paiddirectly to eligible persons (EPs) by <strong>LGED</strong>. The rehabilitation and training <strong>for</strong> APs will beprovided through WMCA <strong>for</strong> skills and livelihood support including agriculture and fisheriesand livestock related activities. The training program will be based on the vulnerability andneed assessment carried out through the census, SES and consultation exercise. It is to bekept in mind that the compensation money must be paid through Account Payee checkwhen the amounts are above Tk. 1,000. When the amounts are up to Tk. 1,000, it would bepaid through the bearer check.27


F. RESETTLEMENT ACTION PLAN IMPLEMENTATION SCHEDULE1. Implementation Schedule54. The Project’s institutional strengthening and capacity building activities will commencein the first year of the Project; these activities will be gradually tapered off towards Projectcompletion. Subproject Implementation will be conducted following a rolling program overthe 7 year life of the Project. RPs will be implemented be<strong>for</strong>e the award of civil awardcontracts. However, the Implementation schedule <strong>for</strong> subprojects will be preparedconsidering the possible changes from the Detailed Design and DMS. Time schedule <strong>for</strong> RPImplementation <strong>for</strong> this subproject is presented in Table-13.Table-13: RAP Implementation Schedule of Katurakandi SubprojectActivitiesRequest <strong>for</strong> Formation ofCommitteesFormation of PVAT/GRCDraft DD Completed x x xPMOConsultingWMCA/APs/Beneficiaries onDDMonths1 2 3 4 5 6 7 8 9 10 11 12×xx x xFinalizing DD x ×DMS Census/SES (DMS)Done by PMO/WMCAPMO/WMCA Census/SES(DMS) Analysis by PICPMO/WMCA Video Filmingof ROWx ×Overlay DD & Mauza Maps ×××Hiring INGOINGO Reviews/Certifies PMOCensus/SES/Videoxx ××x x x xPrepare RP x xADB Clearance of Revised RPxDisclosure of Revised RPwithWMCA/APs/BeneficiariesxCompensation payment x x x x28And on ward


2. Monitoring and Evaluation55. <strong>LGED</strong>, through the ESS, will establish a monitoring system involving the Chief<strong>Resettlement</strong> Officer (CRO), District and Upazila officers of <strong>LGED</strong> and the PIC <strong>for</strong> collecting,analyzing and preparing Quarterly Progress Reports on the progress of RP implementation.<strong>LGED</strong> will also provide an Annual Report to ADB, the Project Funding Agency (PFA).56. The RP monitoring will be conducted to provide feedback to <strong>LGED</strong> and to assessimplementation effectiveness. A Mid-term Review of the monitoring and evaluation reportsand other relevant data will identify the actions needed to improve the resettlementper<strong>for</strong>mance. Evaluation of RP implementation will assess whether the resettlementobjectives were appropriate and whether they were met, specifically, whether livelihoodsand living standards were restored or enhanced. The evaluation will also assess resettlementefficiency, effectiveness, impact and sustainability, drawing upon lessons learned as a guideto future resettlement planning.a. Internal Monitoring57. Internal monitoring will be carried out by the ESS with support from the CRO, field staffat <strong>LGED</strong> District and Upazila offices; and the PIC <strong>Resettlement</strong> Specialist will establish amonthly monitoring system and prepare a monthly Progress Report on all aspects of RPimplementation. The initial census and SES of this RP will provide the benchmark data; andperiodic surveys will be carried out to measure changes against this baseline data. Assistedby District and Upazila Engineers, and PIC <strong>Resettlement</strong> Specialist, the Project Director (PD)will monitor land acquisition and resettlement. The existing <strong>LGED</strong> Management In<strong>for</strong>mationsystem (MIS) can be updated accordingly to incorporate the necessary data and Environmentand Safeguard Section (ESS) of IWRMU will tabulate quantitative in<strong>for</strong>mation obtainedthrough monitoring.58. The Social Safeguard Specialist with the PIC team will be supervising and monitoring theRP implementation <strong>for</strong> <strong>LGED</strong>. The PIC will sub-contract an external independent monitoringand evaluation agency to an experienced person/firm or institution (External Monitor) thathas sufficient experience and understanding of resettlement. The tasks of the externalmonitor will be to: (i) verify results of internal monitoring (ii) assess whether resettlementobjectives have been met, especially whether livelihoods and living standards have beenrestored or enhanced; (iii) assess resettlement efficiency, effectiveness, impact andsustainability, drawing lessons as a guide to future resettlement policy making and planning;and (iv) ascertain whether the objectives were suited to AP conditions. The External Monitorwill design and adopt methods and tools <strong>for</strong> data collection facilitating a comparabledatabase of “be<strong>for</strong>e” and “after” resettlement conditions.59. In addition to regular review missions, the PFA (here it is ADB) will undertake acomprehensive Mid-Term Review of the RP implementation. A post-evaluation of RP29


implementation will be carried out by the ADB to assess the resettlement impact in terms ofadequacy and deficiency in planning and implementation of resettlement activities.G. IMPLEMENTATION ARRANGEMENT1. Ministry of Local Government, Rural Development and Cooperatives (MoLGRDC)60. The MoLGRDC, through <strong>LGED</strong>, has the overall responsibility of coordinating, planning,implementing and financing the Project. <strong>LGED</strong> fully recognizes the importance of theProject’s resettlement programs. There<strong>for</strong>e, the PIC will include an International SafeguardsSpecialist and a <strong>Resettlement</strong> Specialist with clearly defined tasks, including establishing anincome restoration program. The Senior Sociologist of IWRMU has been appointed as Chief<strong>Resettlement</strong> Officer (CRO) to supervise and District Socio Economist will act as<strong>Resettlement</strong> Co-coordinator (RCO) with the help of existing <strong>LGED</strong> Community Organizers(COs) and engineers at the Upazila level.2. Water Management Cooperative Association (WMCA)61. The WMCA is central to the subproject development process including subsequentsystem operation and maintenance activities. As a registered cooperative, this inclusive,community based organization is completely member-based, member-owned and membermanagedinstitution. Project based links between WMCA and UP were <strong>for</strong>med early in thesubproject development process, with UP involved in identification and approval process <strong>for</strong>commencing interventions, conflict resolution and potential sharing of office facilities.<strong>Resettlement</strong> plan implementation will be undertaken by the WMCA with representationfrom UP (Chairman or Member), as a locally based civil society group fully capable ofresponding to its required role. Ongoing support and institutional strengthening of WMCAthrough overall project activities will better position the organization as a suitable entity <strong>for</strong>RP implementation.62. Targeted training <strong>for</strong> the WMCA Management Committee (and relevant subcommitteemembers) in the main principles of involuntary resettlement (IR) and their subprojectspecific role and responsibilities, and procedures <strong>for</strong> implementation will be provided by theproject under its capacity building plan. Close facilitation and monitoring will also beprovided by the PIC <strong>Resettlement</strong> Specialist. Implementation will be in coordination with theDC, <strong>LGED</strong> and the PIC (<strong>Resettlement</strong> Specialist).3. <strong>Resettlement</strong> Processing Committees/Teams63. The <strong>LGED</strong> will <strong>for</strong>m various Committees/Teams <strong>for</strong> implementation of the RP at the fieldlevel. The PMO representative will work as Member Secretary <strong>for</strong> all the Committees/Teamsinvolving representatives of the DC, <strong>LGED</strong>, UP and APs, as the case may be. TheseCommittees/Teams will ensure stakeholder, participation and uphold the interest of thevulnerable APs. The power and jurisdictions of the committees are clearly defined in therelevant Government notifications. The committees have been <strong>for</strong>med at the subprojectlevel.30


a. Property Valuation Advisory Team (PVAT)64. A PVAT has been <strong>for</strong>med by MoLGRDC through a gazette notification vide No40.068.00.00.002.2011-161 dated 10-03-2011 <strong>for</strong> implementation of the RP. The PVAT willdetermine the current market price and replacement cost of acquired land, physicalstructure, trees and other properties. The PVAT is comprised of the ‘not below the rank’ ofSr. Assistant Engineer from <strong>LGED</strong>; a representative of the concerned DC; and the areamanager of INGO. The <strong>LGED</strong> representative chairs the PVAT, and the INGO representativewill act as Member Secretary.b. <strong>Resettlement</strong> advisory Committee (RAC)65. As per RF the INGO will <strong>for</strong>m RAC to involve the local communities and APs in theimplementation process. The RAC will consist of a representative from APs; women andvulnerable groups; and the UP Chairman or Member. The <strong>LGED</strong> personnel will chair the RAC,and one representative of the INGO will act as the Member Secretary. RAC will get inputsfrom the APs and community, ensuring local participation; and the RAC will assist the INGOin RP implementation.c. Implementation Guidelines66. The <strong>LGED</strong> does not have any set of codified rules <strong>for</strong> payment of grants to the EntitledPersons (EPs). Under these circumstances, a detailed RP implementation guideline (PaymentModality) has been prepared and duly approved by the IWRMU to implement the RP at thefield level. The <strong>LGED</strong> and the INGO will follow the Payment Modality <strong>for</strong> payment ofcompensation to the EPs/APs.31

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