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Social Monitoring Report Project No. 44167-014 Semiannual Report (July December 2017) December 2017 Flood and Riverbank Erosion Risk Management Investment Program - Project 1 Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

Flood and Riverbank Erosion Risk Management … LAP /approved Notice issued Grant distributed CCL received Zafarganj (1.4 km) RBP Complete/approved on 16/2/17 u/s 3, 6, 7 Received

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Social Monitoring Report

Project No. 44167-014 Semiannual Report (July – December 2017) December 2017

Flood and Riverbank Erosion Risk Management Investment Program - Project 1

Prepared by Bangladesh Water Development Board for the People’s Republic of Bangladesh and the Asian Development Bank. This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Government of the People's Republic of Bangladesh

Bangladesh Water Development Board

Flood and River Bank ErosionRisk Management Investment Program

ADB Loan Number: 3138 BAN (SF)

Semi-Annual Social Safeguard Resettlement Monitotring Report

Period: July 2017- December 2017

Government of the People’s Republic of Bangladesh

Bangladesh Water Development Board

Flood and Riverbank Erosion Risk Management Investment

Program

Semi-Annual Social Safeguard Resettlement Monitotring

Report

Tranche 1

Period: July 2017- December 2017

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Executive Summary

This fourth Semi-annual Social Safeguard Resettlement Monitoring Report for Flood and Riverbank Erosion Risk Management Investment Program (FRERMIP) has been prepared to fulfill the safeguard policy requirement of ADB. FRERMIP resettlement programme has been harmonized with ADB’s Safeguard Policy Statement (SPS 2009). The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time bound action plans with measures to restore or improve livelihood and income of those affected by development projects. Since the 1982 Ordinance of the Government falls short of the reqirements of the ADB’s safeguard policies on many grounds, the project land acquisition and resettlement policy has been harmonized with ADB’s SPS. The harmonization was carried out a gap analysis involving the 1982 Ordinance-II and the ADB’s Safeguard Policies and gap filling measures. The harmonization has also benefited from the Bangabondhu Jamuna Brigde and Jamuna-Meghna River Erosion Mitigation Project (JMREMP) “best practice” in resettlement. The harmonized policy forms the basis for preparation of social safeguard plans for various components of the project. As a part of implementation of the FRERMIP, a number of interventions have been planned in three (3) tranches. The Tranche-1 is being implemented and the main components of tranche-1 are: Riverbank Protection work at Chauhali of Sirajgonj district: 7.2 km (incl. end termination); Riverbank Protection work at Zaforgonj of Manikgonj district: 2.00 km; Riverbank Protection work at Harirampur of Manikgonj district: 8.80 km; Construction and Rehabilitation of Embankment from Kaijuri to Hurasagar of Sirajgonj district and Pabna district: 23 km; A Resettlement Framework (RF) had been developed during PPTA study wich was subsiquiently concurred by ADB and approved by Government of Bangladesh as well. The primary objective of the Resettlement Framework is to provide guidance in:

i) Project resettlement planning on policy and entilements, ii) Resettlement planning for possible project impacts, iii) Resettlement planning for any unanticipated impacts, particularly during project

construction;

The RF sets out the policy and procedures to be adopted by Bangladesh Water Development Board (BWDB) for revising and updating any RPs during project implementation. The RF stipulates payments of compensation as per the assessed value of the land and structure to the affected persons (APs). In addition to compensation paid by the concerned Deputy Commissioner (DC), the APs will receive:

▪ additional assistance in cash or kind to match replacement cost (RC) which is the difference between the market value and the assessed value for lost assets (land, houses and trees);

▪ transaction costs such as stamps/registration costs (in case of purchase of replacement land);

▪ and other cash grants and resettlement assistance such as shifting and reconstruction grant; ▪ resettlement benefit for loss of workdays/income due to dislocation.

The socio-economically vulnerable households namely female-headed households without grown up male in the household; households below poverty line (as per recent BBS household survey), households headed by disabled; elderly people and those losing more than 10% of income from acquisition will be given additional cash assistance for relocation. The resettlement framework is on process of amendment as suggested by ADB to give weight to ADB SPS (2009) Policy over Bangldesh Govt Land Acquisition Act or Rules for compensation.

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The implementing NGO is providing all the technical supports to the PVAT to assess the market price through an independent agency and recommend the RC of assets to the Project Director of the PMO for approval. BWDB will pay the difference between the approved RC and the DC payments under the 1982 Ordinance-II. In addition, APs will be allowed to take away all the salvageable materials free of cost if the new RF is approved. The local Grievance Redresses Coommittee (GRC) shall review and resolve grievance within one month of receiving any complaints and will maintain written records of all the appeals received. BWDB is the project owner and executing agency (EA) of the project so that a Project Management office (PMO), headed by a Project Director (PD) has been set up within BWDB for execution of the Project. A senior Executive Engineer under PMO is given charge for Chief Resettlement Officer (CRO) who is responsible for implementation of RP - disbursement of compensation through DC and resettlement benefits through its own staff in the PMO. The concerned field division of BWDB, headed by an Executive Engineer, act as field office in favour of Project Director (and CRO). The principal functions of the field offices are to facilitate land acquisition and implement the resettlement program with assistance from a NGO experienced in resettlement activiteis. For this project (tranche 1) BWDB engaged Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) for implementation of the Resettlement plan. An agreement was signed between the Bangladesh Water Development Board (BWDB) and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. The VRDS in association of HCL activated the Central office and field offices for INGO services and started work from April 01, 2016.

This Semi-annual Safeguard Resettlement Monitoring Report is prepared to provide current project information and summary of the activities performed. This report reflects the progress of key activities during last six months.

The engaged INGO for implementation of resettlement issues of the project, started work including identification of the project affected people through socio-economic survey and updating of the assets lost due to land acquisstion.

As per project interventions 5 (Five) Resettlement Plans have been prepared for the Tranche-1 of the program, those are:

Sl.No. Particulars Date of submission Date of Approval

1 RP for Embankment with construction of regulators-23 km

Corrected version of RP submitted on November 27, 2017

15th of November 2017 with some conditions

2 RP for riverbank protection work at Chauhali-7.2 km

Revised RP submitted on 04/03/17

RP approved by ADB on 23/04/17

3 RP for riverbank protection work at Zaforgonj-1.40 km

Revised RP submitted on 15/01/17

RP approved by ADB on 05/02/17

4 RP for riverbank protection work at Zaforgonj-0.60 km

Revised RP submitted on 10/03/17

RP approved by ADB on 10/04/17

5 RP for riverbank protection work at Harirampur-8.8 km

Revised RP submitted on 07/12/2017

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The status regarding issuance of land acquisition notices, resettlement grants distributed and CCL received is briefly shown below, the details for each area is detailed in the main report in tables 4, 5 and 6.

Areas LAP /approved Notice issued Grant distributed CCL received

Zafarganj (1.4 km) RBP Complete/approved on 16/2/17

u/s 3, 6, 7 Received by nearly all

None

Zafarganj (0.6 km) RBP Complete/approved on 10/4/17

u/s 3, 6, 7 Received by majority

One

Chauhali RBP Complete/approved on 15/3/17 (Sirajganj and 22/2/17 (Tangail)

u/s 3, 6, Received by majority

None

HarirampurRBP Submitted to DC on 27/12/17

u/s 3 under process

Not started None

Kaijuri EMB Complete/approved on 14/1/15

u/s 3, 6, Not started None

During the last 6 months, two ADB social safeguard missions (November and December) reviewed

the progress of implementing correctives measures formulated during the first ADB safeguard

mission in June 2017 due to non-compliance with ADB resettlement policy.

An External Monitoring Agency (EMA) is to be appointed by the PMU to carry out the external M&E and reporting of the implementation of the RP. The scope of the external monitoring will cover compliance monitoring and social impact evaluation of RP implementation. The RP implementation has already started and the appointment of an EMA is at final stage.

The INGO as per contract is supposed to prepare a monthly report for the PMU about their activities regarding land acquisition and resettlement in the field, the delivery of the monthly report has improved but still need serious improvement about accuracy of information and timely submission. Further new format for monthly report has been suggested.

The field division and resettlement unit in PMO is supervising and monitoring the works of the INGO and convined regular meeting with INGO and consultants. During the 6 months period, 6 meetings were held between PMO/SMO/INGO and ISPMC and meetings minutes were circulated to follow and monitor the implementation progress.

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Abbreviations and Acronyms ADB : Asian Development Bank

APs : Affected Persons

BWDB : Bangladesh Water Development Board

CCL : Cash Compensation under Law

DC : Deputy Commissioner

DDM : Department of Disaster Management

DP : Displaced Person

EP : Entitled Person

EP : Eligible Person

GOB : Government of Bangladesh

GRC : Grievance Redress Committee

HH : Household

INGO : Implementing Non-Government Organization

JVT : Joint Verification Team

LRP : Land Resettlement Plan

NGO : Non-Government Organization

PD : Project Director

PMO : Project Management Office

PVAT : Property Valuation Advisory Team

RB : Resettlement Benefit

RC : Replacement Cost

RC : Resettlement Cost

RC : Resettlement Coordinator

RF : Resettlement Framework

ROW : Right of Way

RP : Resettlement Plan

SDE : Sub-Divisional Engineer

SMO : Sub-Project Management Office

TOR : Terms of Reference

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Glossary of Terms Affected Person (AP): includes any person, affected households (AHs), firms or private institutions who, on

account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right,

title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land),

water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely

affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with physical or economic displacement.

Assistance: means support, rehabilitation and restoration measures extended in cash and/or kind over and

above the compensation for lost assets.

Awardees: mean the person with interests in land to be acquired by the project after their ownership of said

land has been confirmed by the respective Deputy Commissioner's office as well as persons with interests in

other assets to be acquired by the project. Compensation for acquired assets is provided to ‘awardees’

through notification under Section 7 of the Land Acquisition Ordinance.

Compensation: means payment in cash or kind for an asset to be acquired or affected by a project at

replacement cost at current market value.

Cut-off date: means the date after which eligibility for compensation or resettlement assistance will not be

considered is the cut-off date. Date of service of notice under Section 3 of Land Acquisition Ordinance is

considered to be the cut-off date for recognition of legal compensation and the start date of carrying out the

census/inventory of losses is considered as the cut of date for eligibility of resettlement benefits.

Displaced Person (DP): includes any person, households (AHs), firms or private institutions who, on account of

changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or

interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water

resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely

affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with physical or economic displacement.

Encroachers: mean those people who move into the project area after the cut-off date and are therefore not

eligible for compensation or other rehabilitation measures provided by the project. The term also refers to

those extending attached private land into public land or constructed structure on public land for only renting

out.

Entitlement: means the range of measures comprising cash or kind compensation, relocation cost, income

restoration assistance, transfer assistance, income substitution, and business restoration which are due to

AHs, depending on the type and degree /nature of][\their losses, to restore their social and economic base.

Household: A household includes all persons living and eating together (sharing the same kitchen and cooking

food together as a single-family unit).

Inventory of losses: mean the pre-appraisal inventory of assets as a preliminary record of affected or lost

assets.

Non-titled: means those who have no recognizable rights or claims to the land that they are occupying and

includes people using private or public land without permission, permit or grant i.e. those people without legal

title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot

be denied resettlement assistance.

Relocation: means displacement or physical moving of the DPs from the affected area to a new area/site and

rebuilding homes, infrastructure, provision of assets, including productive land/employment and re-

establishing income, livelihoods, living and social systems.

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Replacement cost: means the value of assets to replace the loss at current market price, or its nearest

equivalent, and is the amount of cash or kind needed to replace an asset in its existing condition, without

deduction of transaction costs or for any material salvaged.

Resettlement: means mitigation of all the impacts associated with land acquisition including restriction of

access to, or use of land, acquisition of assets, or impacts on income generation as a result of land acquisition.

Squatters: mean the same as non-titled and includes households, business and common establishments on

land owned by the State. Under the project this includes land on part of the crest and slopes of flood control

embankments, and similar areas of the drainage channels.

Structures: mean all buildings including primary and secondary structures including houses and ancillary

buildings, commercial enterprises, living quarters, community facilities and infrastructures, shops, businesses,

fences, and walls, tube wells latrines etc.

Vulnerable Person: The vulnerable group/persons may include (i) persons below nationally defined poverty line; (ii) indigenous people or adibasis; (iii) poor women-headed households; (iv) landless and marginal farmers; (v) people with disability (vi) elderly; (vii) people without legal title to land; (viii) any other groups or persons found to be disproportionately affected by project impacts.

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Table of Contents Executive Summary ...................................................................................................................... ii

Abbreviations and Acronyms ........................................................................................................ v

Glossary of Terms ....................................................................................................................... vi

1. Project Background ............................................................................................................. 10

1.1. Background ..................................................................................................................................... 10

1.2. Objectives: ...................................................................................................................................... 10

2. Project Description ............................................................................................................. 11

2.1. FRERMIP Location and Area ............................................................................................................ 11

2.2. Project Interventions ...................................................................................................................... 11

2.3. Project Implementation Arrangements .......................................................................................... 14

3. Social Safeguard Policies ..................................................................................................... 15

3.1. Resettlement Framework (RF) and Entitlement Matrix .................................................................. 15

3.2. Government Order for JVT, PVAT & GRC ........................................................................................ 15

3.3. Engagement of an External Monitoring Agency ............................................................................. 16

4. Implementation of the Resettlement Plan ........................................................................... 16

4.1. Engagement of INGO ...................................................................................................................... 16

4.2. Project Interventions and Land Requirement ................................................................................. 17

4.3. Resettlement implementation ........................................................................................................ 17

4.4. Land Acquisition and Resettlement Issues: ..................................................................................... 22

4.5. Grievance Redress Mechanisms ..................................................................................................... 26

4.6. Steps of Land Acquisition Process ................................................................................................... 27

4.7. Potential Monitoring Indicators for Sub-Reach .............................................................................. 29

4.8. Activities of Implementing NGO...................................................................................................... 30

4.9. ADB social safeguard missions ........................................................................................................ 31

4.10. MIS progress and status ................................................................................................................. 31

5. Conclusions and Recommendations..................................................................................... 32

List of Tables

Table 1: The Progress of physical works of FRERMIP as on December 2017 ....................................... 13

Table 2: Project Location and Land requirement ................................................................................. 17

Table 3: The overall physical progress of resettltment ........................................................................ 18

Table 4: Statusof Payment of Compensation for sub-reach as per Resettlement Plan........................ 23

Table 5: On going monitoring and Action Plan for Land Acquisition & Resettlement Process ............ 24

Table 6: Types of Affected Person under Resettlement Plan .............................................................. 25

Table 7: Monitoring Indicators for Sub-Projects ................................................................................... 29

Table 8: Status of the Stakeholders Meetings ...................................................................................... 30

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List of Figures

Figure 1 : Grievance Redress Flow Chart .............................................................................................................. 26

Figure 2: Land Acquisition Flow Chart .................................................................................................................. 27

List of Maps

Map 1: Shows the locations of proposed interventions during Tranche 1 ........................................................... 11

Map 2: Tranche 1 Interventions ........................................................................................................................... 12

List of Annexes

Annex 1: Project Entitlement Matrix (AS PER UPDATED RF) ................................................................................. 33

Annex 2 : Government Order for JVT, PVAT & GRC............................................................................................... 41

Annex 3: Pictoral Views ........................................................................................................................................ 44

Annex 4: correctives measures ............................................................................................................................ 46

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1. Project Background

1.1. Background The Government of Bangladesh has undertaken a project named ‘Jamuna-Meghna River Erosion Mitigation Project (JMREMP)’, in 2001 with the financial and technical assistance of ADB with dual purposes. Firstly to mitigate bank erosion at PIRDP and MDIP with sustainable and cost effective protection works; secondly, to develop a framework for sustainable erosion risk management system to be applied elsewhere in the country. Over the extended implementation period from 2002 to 2011, both the MDIP and PIRDP could be provided with the sustainable erosion protection works at locations identified during project preparation. Over and above these, additional length which more than original protection length could be provided at both the project area, with original cost estimate. This is due to development of low cost protection system parallel to providing building bank protection works at affected locations. Over the period of initial 4 years, through trial, supported by laboratory tests, the project finalized a bank protection system that has proved to be cost effective and sustainable. The project has developed the concept of phased planning and implementation to adapt to changing river condition known as adaptive management. The most important development of the project is a special method of construction of underwater revetment by dumping sand filled geo-textile bags from positioned barges. All these made the JMREMP protection works low cost and sustainable. On successful implementation of JMREMP with low cost riverbank protections ADB came forward for similar nature of bank protective projects along the main rivers Jamuna, Ganges and Padma. FRERMIP aims to modify the flood season hydrology of a very large area of floodplain by providing new and rehabilitated embankments, leaving distributaries open, along selected reaches of the Padma / Jamuna River. To protect these embankments, riverbanks are being progressively stabilized, starting at critically eroding reaches. Over time, this approach may lead to general river stabilization, potentially transforming the geomorphology of the Padma/Jamuna in an unprecedented manner (particularly if a single-channel solution is implemented). The anticipated benefits are considerable: (i) reduced loss of agricultural and other land to river erosion, (ii) reduced flood damage to agriculture (etc), and (iii) increased agricultural production on less-flooded agricultural land. The structural components of riverbank protection and embankments are accompined by non-structural components. These address institutional issues, on knowledgebase and planning level, and directly assist local communities in the sub-project areas in improving their preparedness to flood and erosion disaster.

1.2. Objectives: The objectives of the program are –

• To sustain economic growth, poverty reduction and livelihoods of people, living in the areas threatened by riverbank erosion.

• To enhance resilience to flood and riverbank erosion risks through strengthening the flood and riverbank erosion management system, including the knowledge base and underlying institutions;

• To establish integrated non-structural and structural risk management measures at priority erosion sites and addressing their sustainability.

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2. Project Description

2.1. FRERMIP Location and Area

The FRERMIP area encompasses the Jamuna River reach starting below the Jamuna Bridge and the

proposed Ganges Barrage site, down to Chandpuron the Lower Meghna. Downstream of the Jamuna

Bridge and the Barrage site, the Jamuna and Ganges river courses are somewhat independent of

upstream river developments. The FRERMIP area covers 9,300 km³ with a total population of 10.5

million (2011 census) in 40 upazilas and 431 unions, with an average population density of nearly

1,600 persons per km² of floodplain land.

Map 1: Shows the locations of proposed interventions during Tranche 1

Map 1

2.2. Project Interventions

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The major construction work of FRERMIP is located in three sites are (i) Bank protection work at Chauhali 7.20km length (including end termination) (ii) Bank protection work at Zafargonj 2.00km length (iii) Bank protection work at Harirampur 8.80km length. The adverse environmental and social impacts of FRERMIP are mostly concentrated to construction and operation of these three sites. Proposed interventions under Tranche 1 fall into three categories: (i) riverbank protection, (ii) new and rehabilitated road/flood embankments, (iii) drainage sluices. Map 2: Tranche 1 Interventions

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The Progress of physical works of FRERMIP as on December 2017 is illustrated in the following Table.

Table 1: The Progress of physical works of FRERMIP as on December 2017

(Figure in Lakh Taka)

Sl. no.

Work component as per DPP (with quantity)

Economic code/sub

code

Original Estimate

Cost

Revised Estimated

cost

Achievement up to June 2017

Target of the current Year 2017-2018

(As per ADP)

Current FY Progress up to December

2017

Financial Physical (%)

Financial Physical (%)

Financial Physical (% )

1 2 3 4 5 6 7 8 9 10 1 1

(a) Revenue Component

1. ADB Interest during implementation & services change for Netherlands grant

4826 1992.00 1992.00 700.00 35.14 500.00 25.10

2. BWDB Capacity Development Program

4840 1043.50 768.88 338.95 44.08 320.00 41.62 142.423 18.52

3 Resettlement Support Program

4849 297.00 283.60 20.36 7.18 150.00 52.89

4. Implementation Consultant

4874 4064.00 3872.82

4030.46

39.58

830.00 21.43 350.198 3.44

5. River Stabilization and Land Recovery Study

4874 4840.00 4612.31 500.00 10.84

6. Feasibility of Tranche-2/3 Project

4874 1780.50 1696.74 500.00 29.47

7. Resettlement Implementation Support

4874 175.00 175.00 47.69 27.25 40.00 22.86 20.00 11.20

8. Livelihood Support Program

4874 651.30 647.27 - - 200.00 30.90

9. Environmental Management Program

4874 597.80 - - - - -

10. Community based Disaster Management Program (DDM)

4874 668.80 643.98 - - 200.00 31.06

11. Participatory regular O&M training support

4874 240.00 - - - - -

12. Land/River Survey and

Data Processing 4886 80.00 80.00 44.69 55.85 20.00 25.00

13. Survey and Investigation/ Data Processing

4886 867.20 558.05 181.08 32.45 156.00 27.95

PMO operational Expenses

14. a) Salaries and

allowances 4700 836.60 836.60 - - 21.17 2.53 2.12 0.25

15. b) PMO Operational

Expenses 4800 496.10 309.36 130.73 42.26 100.83 32.59 7.74 2.50

16. PIU-DDM Operational

Expenses 4899 120.70 50.96 4.50 8.83 20.00 39.24

Sub-total Revenue Component of (a)

18750.50 16527.57 5498.46 31.84 3558.00 21.53 522.481 3.11

(b) Capital Component - - -

1. Transport vehicle (Jeep 5 unit, 10 motorcycle)

6807 641.40 349.48 349.48 100 0.00 0.00

2. Computer and Office Equipment

6819 89.40 43.63 43.63 100 0.00 0.00

3 Computer and Office Equipment (DDM)

6819 5.80 5.10 4.99 100 0.00 0.00

4. Survey Equipment 6851 89.00 67.47 67.47 100 0.00 0.00

5. Land acquisition (136.00 ha.)

6901 8847.88 20831.09 11435.88 78 11983.21 57.53 1687.17 4.00

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Sl. no.

Work component as per DPP (with quantity)

Economic code/sub

code

Original Estimate

Cost

Revised Estimated

cost

Achievement up to June 2017

Target of the current Year 2017-2018

(As per ADP)

Current FY Progress up to December

2017

Financial Physical (%)

Financial Physical (%)

Financial Physical (% )

1 2 3 4 5 6 7 8 9 10 1 1

6. Construction of Inspection banglow at Manikganj

7016 50.00 78.00 - - 36.69 47.04

7. Regulator/Sluice (new construction 4 nos ) in JRB1 subproject area

7041 1406.00 2259.34 - - 1300.00 57.54

8. 23km Embankment along the Right Bank of Jamuna and the left bank of Baral-Hurasagar

7081 7888.28 9952.27 - - 5600.00 56.27

9. Protective works a) At left bank of Jamuna at Chauhali,Nagarpur,Tangail sadar b) Jafforganj c) At left bank of Padma at Harrirampur– (Total 18.00 km.)

7081 32659.90 30008.00 27163.74 a) 7.00Km 95%

b) 2.00Km

90%

c) 8.80Km 100%,

2865.93 a)a) 7.00Km 95-100%,

b)b) 2.00Km 90-100%

1628.00 2.00

10. Land Recovery/River Training Piloting Works

7081 3798.00 3798.00 - - 1000.00 26.33

11. Adaptive Protection and

Emergency 7081 2790.80 2809.31 818.61 35 891.17 31.72 235.78 8.39

12 CD and SD 7901 723.25 120.74 - - 0.00 0.00

Sub-total Capital Component of (b)

58989.71 70322.43 39883.80 66.53 23677.00

33.67 3550.95 5.05

Sub-total (a+b) 77740.21 86850.00 45382.26 63.10 27235.00 31.36 4073.42 2.55

(c) Physical Contingency 1522.17 0.00 - - 0 0

(d) Price Contingency 3593.62 0.00 - - 0 0

Grand Total (a+b+c+d) 82856.00 86850.00 45382.26 62.93 27235.00 31.36 4073.43 2.55

2.3. Project Implementation Arrangements BWDB is the executing agency, while Department of Disaster Management (DDM) is the implementing agency for the community-based flood-risk-management component. As for all development projects, an inter-ministerial steering committee will review and discuss the project in annual meetings. A Panel of Experts will provide guidance related to river morphology, flood risk management, institutional development, regional/ local capacity development, and other issues emerging during implementation. A Project Management Office (PMO) integrated into BWDB administration has been set up, headed by a Project Director supported by two Superintending Engineers. In addition to the PMO in Dhaka, sub-project management offices (SMO) have been established in the divisional offices located in the project sites areas of Koitola, Tangail, and Manikgonj. In addition to the Project Director and the two Superintending Engineers, the PMO has been staffed with four Executive Engineer, two Sub-Divisional Engineer and two Assistant Engineer. All PMO staffs work full time on the project. Three SMOs, each headed by an Executive Engineer is supported by one Sub-Divisional engineer, one Assistant Engineer, and three Sub-assistant Engineers are to assist PMO in implementing resettlement activities of the Project. The PD of PMO, BWDB/Dhaka implements the RP with the appointed INGO and monitors implementation through the Chief Resettlement Officer (CRO).

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An Institutional Strengthening and Project Management Consultant (ISPMC) is providing consultancy services to support project implementation in a variety of ways, including the services of two specialists to conduct resettlement monitoring, planning and management to support the PMO.

3. Social Safeguard Policies

3.1. Resettlement Framework (RF) and Entitlement Matrix A Resettlement Framework (RF) had been prepared during PPTA study including an “Entitlement Matrix” (Annex-I) compiling the requirements stated in Facility Admistration Manual (FAM) of ADB. Resettlement Framework (RF) revised on 08/01/2018. The said resettlement framework was concurred by ADB and approved by GoB as well. This ensured the resettlement needs of the project following the procedures for involuntary resettlement in compliance with GOB applicable laws and regulations and existing ADB Safeguard Policies Statement (SPS 2009). Resettlement plans is being prepared based on the approved RF and socio-economic survey of the engaged INGO. The identification of the affected populations and consultations with them have been conducted as a routine activity of local people consultation process, mainly by the engaged INGO in cooperation with the officials of BWDB and other relevant government agencies. The Resettlement Specialists of the ISPMC team have provised assistance in most of the cases. The deputy commissioner (DC) will pay compensation of the affected people under CCL following Land Acqusition Act 1982. The ADB has its own integrated safeguard policy statement (SPS) to minimize displacement and require time-bound action plans with measures to restore or improve livelihood and income of those affected people by development projects. Since the LA ordinance 1982 falls short of the requirements of the ADB’s safeguard policies on many ground, the project land acquisition and resettlement policy has been hamonised with ADB’s SPS. To do so Government of Bangladesh approved the resettlement framework harmonized with ADB’s safeguard policies. The RF was Revised/updated in December 2017.

3.2. Government Order for JVT, PVAT & GRC The GOB has approved three different committees and issued office order (Annex-II) for formation of these committees containing their composition tasks for implementing resettlement plans of the interventions facilitating payment of additional compensation (resettlement benefits) and resettlement of EPs are as follows:

1) Joint Verification Team (JVT) 2) Property Valuation Advisory Team (PVAT) 3) Grievance Redress Committee (GRC)

1) Joint Verification Team (JVT) BWDB will form a Joint Verification Team (JVT) for the FRERMIP project through a notification to compare and review the physical verification data collected by the Project lmplementing Agency along with the DCs' assessment of losses of physical assets and their owners. JVT will conduct property assessment and evaluation and both JVT and the concerned party will sign the verification record. Disputes on properly right will be recorded. The implementing NGO will process the entitlements of the project-affected persons using the JVT data as one of the determinants.

The JVT has been formed as follows: a) Representative of BWDB

(Sub-Divisional Engineer/Assistant Engineer or equivalent officer): Convener b) Representative of concerned Deputy Commissioner : Member

16 | P a g e

c) Representative of INGO recruited by BWDB (DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary

2) Property Valuation Advisory Team (PVAT)

The PVAT will review the assessment of the Implementing Agency on the market price of the property affected by the project at their replacement cost. The Implementing Agency will process the entitlements of the project-affected persons using the PVAT data as one of the determinants.

The PVAT has been formed as follows: a) Representative of BWDB

(Executive Engineer/Assistant Engineer or equivalent Officer) : Convener b) Representative of concerned Deputy Commissioner : Member c) Sub-Assistant Engineer, concerned SMO, BWDB : Member d) Representative of INGO recruited by BWDB

(DTL, Area Manager or equivalent Officer of INGO/Specialist) : Member-Secretary 3) Grievance Redress Committee (GRC)

GRCs will be formed at union level for any grievances involving resettlement benefits, relocation, and other assistance. The local GRC shall review and resolve grievances within one month of receiving any complaints and will maintain written records of all the appeals received.

The GRC have been formed as follows: a) Representative of BWDB

(Executive Engineer or equivalent Officer) : Convener b) Union Parishad Chairman of the concerned area : Member c) One representative of Affected Persons : Member d) Sub-Assistant Engineer, SMO, BWDB : Member-Secretary

3.3. Engagement of an External Monitoring Agency A External Monitoring Agency (EMA) is to be appointed by the PMU to carry out the external M&E and reporting of the implementation of the RP. The scope of the external monitoring will cover compliance monitoring and social impact evaluationof of RP implementation. The RP implementation has already started and the appointment of an EMA is in final stage.

4. Implementation of the Resettlement Plan

4.1. Engagement of INGO Bangladesh Water Development Board (BWDB) engaged a local NGO named “Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL)” for the implementation of resettlement activities. An agreement was signed between the BWDB and the Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL) on March 16, 2016. A Letter issued by the Project Director, FRERIMP for Notice to proceed vide Memo No.: PMO-FRERMIP/T-1/270 dated Contract Signing Ceremony 16.03.2016 in connection with commencement of the NGO services. Accordingly, VRDS in association with HCL activated the central office and field offices for NGO services since April 01, 2016.

17 | P a g e

4.2. Project Interventions and Land Requirement The Project envisages intervention of 18 km of riverbank protection, 23 km of embankment and 4 number of regulator. About 129.91 ha of land will be required to implement the said work. The detail sub reach wise location with land requirement is shown in Table-2.

Table 2: Project Location and Land requirement

Sl No Location of Intervention with sub-reaches Length (km) Land (ha)

1 Embankment (Koijuri to Hurasagor) including 4 regulators in JRB-1 23 97.91

2 Riverbank protection work at Chauhali JLB-2 7.20 13.80

3 Riverbank protection work at Zaforgonj JLB-2 1.40 3.20

4 Riverbank protection work at Zaforgonj JLB-2 0.60 1.24

5 Riverbank protection work at Harirampur PLB-1 8.80 13.76

Total 41 129.91

4.3. Resettlement implementation It is evident from the above table that five nos of resettlement plan are requiring for implemention of resettlement issues of the project. They are (i) RP for Embankment with construction of regulators: 23Km, (ii) RP for riverbank protection work at Chauhali: 7.20Km (including end termination), (iii) RP for riverbank protection work at Zafargonj: 1.40Km, (iv) RP for riverbank protection work at Zafargonj: 0.60Km, v) RP for riverbank protection work at Harirampur: 8.80Km.

The Voluntary Rural Development Society (VRDS) in association with House of Consultants Ltd. (HCL), the engaged INGO for implementation of resettlement activities of the project-started work including identification of the project affected people through socio-economic survey. Resettlement Plan of Embankment, Zafargonj RBP ( 1.4 km), Zafargonj RBP ( 0.6 km) ,Chauhali RBP & Harirampur has been completed based on the survey and submitted to ADB. Resettlement Plan of Zafargonj RBP ( 1.4 km), Zafargonj RBP ( 0.6 km) & Chauhali RBP has been approved by ADB. The land acquisition Plan (LAP) at Embankment, Zafargonj (1.4 Km), Zafargonj (600 m) & Chauhali have been Approved by Deputy Commissioners’ Office. The land acquisition Plan (LAP) at RBP in Harirampur has been submitted to XEN office, Manikganj on 27/12/17.

At Zafarganj (both 0.6 km & 1.4 km) notice u/s 7 served. At Chauhali RBP in Tangail part- Notice u/s 6 served & 7 is under process and in Sirajganj part Notice u/s 3 completed. Notice u/s-7. Under EMB site at Bera, Pabna, notice-7 served.

88 APs received Resettlement Grant at Zafarganj (1.4 km), 26 APs received Resettlement Grant at Zafargonj (600 m) & 52 APs received Resettlement Grant at Chauhali.

Out of 90 APs 50 APs applied to DC office for CCL payment at Zafarganj (1.4 km). Out of 26 APs, 26 APs applied to DC office for CCL paymenat Zafarganj (0.6 km). Out of 67 APs 27 APs at Bera Pabna applied for CCL payment to DC office. Application process of the rest 40 APs is delayed. The field division and resettlement unit in PMO is supervising and monitoring the works of the INGO and convined regular meeting with INGO and consultants.

18 | P a g e

The overall physical progress of resettltment is showm in Table-3

Table 3: The overall physical progress of resettltment

Sl.

No

Key

implementati

on issues in

the delivery

of the task

Project Area Status on Reporting Period

(Jul-Dec 2017)

Cumulative Status up to

December 2017

Payment Status

Not relevant here

Resettlemen

t Grant

CCL

1 Consultation

&

Stakeholders

participation

Zafarganj

( 1.4 km)

18 Public consultation

meeting done

25 Public consultation

meeting done

N/A N/A

Zafarganj

( 600 m)

14 Public consultation

meeting done

19 Public consultation

meeting done

N/A N/A

Chauhali 12 Public consultation

meeting done

22 Public consultation

meeting done

N/A N/A

Embankment

JRB-1

40 Public consultation

meeting done

60 Public consultation

meeting done

N/A N/A

Harirampur 4 Public consultation

meeting done

10 Public consultation

meeting done

N/A N/A

2 Verification

of Census/

Inventory:

Updating the

RP

Zafarganj,

Chauhali

Embankment

JRB-1

Harirampur

Verification of Census/ Inventory: Updating the RP on

Zafarganj (1.4km), Zafarganj (600m). Chauhali,

Embankment JRB-1 ( 23 km) and Harirampur

completed

N/A N/A

3 Update RP

& Submit to

PMO for

further

submission

to ADB

Zafarganj

( 1.4 km)

RP Approved by ADB on 05/02/17 N/A N/A

Zafarganj

( 600 m)

RP Approved by ADB on 10/04/17 N/A N/A

Chauhali RP Approved by ADB on 23/04/17 N/A N/A

Embankment

JRB-1

Revised RP submitted on

November 27, 2017

Revised RP submitted

on November 27, 2017

& approved.

N/A N/A

Harirampur Revised RP submitted on

07/12/2017.

Revised RP submitted

on 07/12/2017.

N/A N/A

4 Assisting affected

persons(APs) in the process

of relocation/resettlement

4.1 Assist in Land Acquisition

19 | P a g e

Sl.

No

Key

implementati

on issues in

the delivery

of the task

Project Area Status on Reporting Period

(Jul-Dec 2017)

Cumulative Status up to

December 2017

Payment Status

Not relevant here

Resettlemen

t Grant

CCL

Activities

4.1.

1

Assist BWDB

in

preparation

of LAP

Zafarganj

( 1.4 km)

LAP approved by DC N/A N/A

Zafarganj

( 600 m)

LAP approved by DC N/A N/A

Chauhali LAP approved by DC

N/A N/A

Embankment

JRB-1

( 23 km)

LAP approved by DC N/A N/A

Harirampur Revised LAP is sumitted to

XEN, Manikganj on

27/12/17

Revised LAP is sumitted

to XEN, Manikganj on

27/12/17

N/A N/A

4.1.

2

Issuance of

Notice u/s

3,6 & 7

Zafarganj

( 1.4 km)

Zafarganj ( 1.4 km)- Notice

u/s ,7

Zafarganj ( 1.4 km)-

Notice u/s 3,6,7

N/A N/A

Zafarganj

( 600 m)

Zafarganj ( 0.6 km)- Notice

u/s ,7

Zafarganj ( 0.6 km)-

Notice u/s 3,6,7

N/A N/A

Chauhali •Chauhali RBP

( Tangail)- Notice u/s 7 is

under

process

• Notice u/s 6 expected to

be done within 12th January

2018.

Chauhali RBP ( Tangail)-

Notice u/s 3,6 done & 7

is under process

•Chauhali RBP (

Sirajganj)- Notice u/s 3

done & Notice u/s 6

expected to be done

within 12th January

2018

N/A N/A

Embankment

JRB-1

( 23 km)

Notice u/s 7 expected to be

done within 15th January

2018.

Notice u/s 3,6, Notice

u/s-7 at Bera, Pabna

under EMB

N/A N/A

4.1.

3

Assist EPs in

receiving

compensatio

n

Zafarganj

(1.4 km)

• Application of 50 APs

submitted to DC office.

• Application of rest 40 APs

expected to be submitted

Total APs at Zafarganj

(1.4 km) -90 APs [

Agriculture Land-18

APs, Structures-60 APs (

20 titled holders+ 40

88 Aps

received

Resettleme

nt Grant

-

20 | P a g e

Sl.

No

Key

implementati

on issues in

the delivery

of the task

Project Area Status on Reporting Period

(Jul-Dec 2017)

Cumulative Status up to

December 2017

Payment Status

Not relevant here

Resettlemen

t Grant

CCL

Assist EPs in

receiving

compensatio

n

to DC office by 20/01/18 Non titled holders=27

Uthuli+13 Squatters ) &

Tenants-

12]

• Out of 90 APs, 50 APs

submitted application

to DC office for CCL

payment .

• Budget & Estimate

for 2 APs & 5 Wage

earner completed &

Submitted to PD

office.

• List of document

needed for CCL

payment already

distributed among 90

APs

Zafarganj

( 600 m)

• 26 APs applied to DC

office for CCL payment

• CCL payment from DC

office is under process.

•Total APs-26,

Agricultural Land-26

APs

•26 APs applied to DC

office for CCL payment

•CCL payment from DC

office is under process.

26 Aps

received

Resettleme

nt Grant

-

Chauhali • Budget proposal for

structure Replacement

Cost (RC) for 36 APs

submitted to PD office

• Preparation of ID & Photo

of 50 vulnerable

APs/Agriculture land Users

completed.

•List of document needed

for CCL payment

distributed among 250 APs

• Total APs- 191

Agriculture Land-139

Aps,

Structures-52 APs (37

titled structures + 14

Nontitle holders + 1

CPR)

• Budget proposal for

structure Replacement

Cost ( RC) for 36 APs

submitted earlier to PD

office

•List of document

needed for CCL

payment

52 Aps

received

Resettleme

nt Grant

21 | P a g e

Sl.

No

Key

implementati

on issues in

the delivery

of the task

Project Area Status on Reporting Period

(Jul-Dec 2017)

Cumulative Status up to

December 2017

Payment Status

Not relevant here

Resettlemen

t Grant

CCL

distributed among 250

APs

Embankment

JRB-1

( 23 km)

• Resettlement grant

budget for title & non title

holders submitted to PD

office.

• Out of 67 APs 27 APs at

Bera, Pabna.applied for CCL

payment to DC office

Application of rest 40 AP

being delayed due to

complication in land tax

fixation.

• Out of 1460 Title holders

& Uthuli, Voter ID & Photo

of 1260 EPs collected.

•60 groups formed (20

members in each group)

•Distribution of

information Brochure &

List of document needed

for CCL payment among

1460 APs

• Total APs -2310 &

CPR-12 Title holders-

949 APs, Non Titled

Holders- 1305 APs (

Squatter-806, Uthuli-

499), 56 Tenants &

12CPR

• Resettlement grant

budget for title & non

title holders submitted

to PD office.

• Out of 67 APs 27 APs

at Bera Pabna applied

for CCL payment to DC

office. Application of

rest 40 AP being

delayed due to

complication in land tax

fixation.

• Out of 1460 Title

holders & Uthuli, Voter

ID & Photo of 1260 EPs

collected.

•60 groups formed (20

members in each

group)

•Distribution of

information Brochure &

List of document

needed for CCL

payment among 1460

APs

-- --

o Harirampur - Total APs -79 & CPR-

02 Title holders-23 APs,

Non Titled Holders- 13 APs

( Squatter-04, Uthuli-09),

43 Agriculture plot users

Total APs -79 & CPR-

02 Title holders-23

APs, Non Titled Holders-

13 APs ( Squatter-04,

Uthuli-09), 43

Agriculture plot users

-- --

22 | P a g e

Sl.

No

Key

implementati

on issues in

the delivery

of the task

Project Area Status on Reporting Period

(Jul-Dec 2017)

Cumulative Status up to

December 2017

Payment Status

Not relevant here

Resettlemen

t Grant

CCL

5 Status of

database

and MIS

Data processing and assigning ID numbers

Data processing and assigning ID numbers completed

Development of software for EP & EC

Software for EP & EC developed

EP & EC for 90 APs at Zafarganj ( 1.4 km). 26 APs at

Zafarganj (0.6 km), 52 APs at Chauhali completed.

Out of 2310 APs at Embankment EP & EC for 966 APs

completed

4.4. Land Acquisition and Resettlement Issues: A significant number of progress have already been achieved during July-December 2016, in case of obtaining administrative approval for land acquisition from the Ministry for Water Resources subprojects and placement of fund for paying affected persons for embankment. Several steps of the land acquisition processes are essentially required to be performed at the district level by the District Land Acquisition Officers concerned administered by Deputy Commissioner (DC), which is continueing in progress. However, PD, PMO and SMO have been working with the respective DC offices proactively to expedite the process of paying compensation to the affected landowners in performing the whole LA process on schedule.

JVC for embankment of the concerned district completed the assessment of compensation by visiting the sub-project areas physically. VRDS in association with HCL had taken several steps in finalizing the payment procedure like finalizing the list of the EPs with ID card, opening the Bank Account, forwarding the proposal to the PD through SMO/XEN for final approval and placement of fund for payment etc.

Steps for Paying Compensation to the Affected Persons

Following steps have been taken to pay the compensation to the Affected/ Entitlement persons:

• Identification of the affected /Entitlement Persons

• Compensation is assessed by PVAT with the finalization of Entitlement Persons and forward to XEN/SMO

• XEN office send the list of Affected / Entitlement Persons ( EPs) to project Director ( PD) requesting approval and for placement of fund

• PD office reviews the list of EPs and approve subsequently places the fund to RAC office

• Fund is released to XEN

• Prepare ID Card for the Entitlement Persons ( EPs) with the assistance of NGO

• Openning Bank Account for the EPs to deposit the compensation

• Arrangement for paying compensation to the EP and record is kept by SD and XEN

23 | P a g e

Status on resettlement activities for each sub-project The following 3 tables provide the detailed status for each project about the status of progress and payment of the compensation Table 4: Status of Payment of Compensation for sub-reach as per Resettlement Plan

Sl

No

Location of

Intervention with

sub-reaches

Upazilla/ District Type of Loss Approved by

PVAT & JVT

No. of APs & CPR Title/ Non-title/Tenants Affected

Households

Status of Compensation

Title Non

Title

Tenants CPR Total Male Female Cumulative July-December 2017 CCL Resettlement

Grant

CCL Resettlement

Grant

1 Embankment

(Koijuri to

Hurasagor) incl. 4

regulators in JRB-1

Shajadpur of

Sirajgonj and Bera

of Pabna

Residence &

Business structure,

Business loss,

Agriculture plot

JVT on Squatters

done on

30/08/2017

949

1305 56 12 23221 2081 229 Not yet

started

Not yet started

2 Riverbank

protection work at

Chauhali JLB-2

Chauhali of

Sirajgonj;

Nagorpur&Sadar of

Tangail

Residence &

Business structure,

Business loss,

Agriculture plot

Approved by JVT 176

14 00 01 191 179 11 Not yet

started

Resettlemrnt

Grant

distributed

among 52 EPs

on 16/07/17

prepard

Resettlemrnt

Grant

distributed

among 52 EPs

on 16/07/17

3 Riverbank

protection work at

Zafargonj JLB-2

(1.4 Km)

Shibaloy of

Manikganj

Residence &

Business structure,

Business loss,

Agriculture plot

Approved by JVT 38 40 12 902 77 13 Not yet

started

Resettlemrnt

Grant

distributed

among 88 EPs on

15/04/17

4 Riverbank

protection work at

Zaforgonj JLB-2 (

0.6 km)

Shibaloy,Manikganj Residence &

Business structure,

Business loss,

Agriculture plot

Approved by JVT 26 26 22 04 Not yet

started

Resettlemrnt

Grant distributed

among 26 EPs on

12/07/17

Resettlemrnt

Grant

distributed

among 26 EPs

on 12/07/17

5 Riverbank

protection work at

Harirampur PLB-1

Harirampur,

Manikganj

Residence &

Business structure,

Business loss,

Agriculture plot

Not Done 66 13 02 81 72 07 Not yet

started

Not yet started

1255 1372 68 15 2710

1During Socio-Economic & Census Survey 2372 Aps & 12 CPR has been identified but during JVT survey 2310 Aps & 12 CPR has been identified. 62 Aps ( Squatters) has been reduced due to displacement to another places.

2During Socio-Economic & Census Survey 83 Aps & 2 CPR has been identified but during JVT survey 88 APs has been identified & 02 CPR has been reduced. Finally total 90 Aps has been identified ( 02 Aps has been included by DC office)

24 | P a g e

Table 5: On going monitoring and Action Plan for Land Acquisition & Resettlement Process

Sl No Name of theSub-

Reach Total land

to be

acquired

(Ha)

LAP submitted

to DC Date of

DLAC

meeting

LA proposa

lto Ministry

of land

Approval

from

Ministry of

land

LAP

Approval

from DC

IssuancedSection-

3 of theLA by DC Issuanced section-

6 for

compensation

assessment

Issuanced

section-7 for

paying final

compensation

Remarks

1 Embankment (Koijuri

to Hurasagor)

including 4 regulators

in JRB-1

97.91 Submitted on

23/11/14

14/01/15 Submitted

on 04/06/15

LA Plan

approved on

20/03/16

LAP

approved

by DC

Issuanced

Section-3

by DC on

12/04/15

Section-06

Issuanced on

20/04/16

Issuanced notice

section-7 at Bera,

Pabna. Notice u/s

7 expected to be

done within 15th

January 2018.

Out of 67 APs 27

at Bera, Pabna

APs applied to

DC office for

CCL payment

2 Chauhali,

JLB-2:

Riverbank

protection

Tangail

13.9

Submitted on

22/12/16

22/2/17 LAP

approved

by DC

Issuanced

Section-3

by DC on 2/4/17

Section-06

Issuanced on

20/04/17

Notice u/s 7

expected to be

done within 15th

January 2018.

DC office to

process the next

course of action

Sirajgonj Submitted on

6/12/16

15/3/17 Submitted

on 20/4/17

LA Plan

approved

LAP

approved

by DC

Issuanced

Section-3

by DC on

04/04/17

Notice u/s 6

expected to be

done within 12th

January 2018

Section-07

not yet

issuanced

DC office to

process the next

course of action

3 Zafargonj, JLB-2:

Riverbank protection (

1.4 km)

3.2 Submitted on

28/02/17

10/04/17 LAP

approved

by DC

Issuanced

Section-3

by DC on

23/04/17

Section-06

Issuanced on

21/05/17

Section-07

issuanced

Out of 90 APs

50 APs applied

to DC office for

CCL payment

4 Riverbank protection

work at Zaforgonj JLB-

2 ( 0.6 km)

1.24 Submitted on

14/12/16

16/2/17 LAP

approved

by DC

Issuanced

Section-3

by DC on 7/3/17

Section-06

Issuanced on

13/4/17

Section-7

Issuanced by DC

for final

compensation

Out of 26 APs,

26 APs applied

to DC office for

CCL payment

5 Riverbank protection

work at Harirampur

PLB-1

13.76 Admin.

Approval by

MoWR done

Revised LAP

Submitted

to XEN

office,

Manikganj

25 | P a g e

Table 6: Types of Affected Person under Resettlement Plan

Sl

N

o

Name of the

subproject

No. of Affected HHs & CPR Progress of

census

Approval

Resettlemen

tplan

Formation

ofdifferentc

ommittees

No of grievance

received

Title Non-Title ( Uthili) Non-Title ( Squatters) Tenants CPR Total

Agricult

ure land

Resid

ential

struct

ure

Commercial

structure

Residentia

l structure

Commercial

structure

Residential

structure

Commercial

structure

1 Embankment

(Koijuri to

Hurasagor)

including 4

regulators in JRB-1

22+(,893

)

893 34 481 18 701 105 56 12 23223 Completed Revised RP

submitted

on

November

27, 2017

JVT, PVAT &

GRC-

30/11/16

No grievance is

yet found

2 Riverbank

protection work at

Chauhali, JLB-2

139 34 03 09 05 01 191 Completed RP approved

by ADB on

23/04/17

JVT, PVAT &

GRC-

02/03/17

36 grievances

are found &

Finally 36

grievances

redressed

3 Riverbank

protection work at

Zaforgonj, JLB-2

(1.40Km)

18 14 06 09 18 07 06 12 - 904 Completed RP approved

by ADB on

05/02/17

JVT, PVAT &

GRC-

18/12/16

8 grievancesare

found & Finally

6 grievances

redressed

4 Riverbank

protection work at

Zaforgonj JLB-2 (

0.6 km)

26 26 Completed RP approved

by ADB on

10/04/17

JVT, PVAT &

GRC-

18/12/16

Completed

No grievance is

yet found

5 Riverbank

protection work at

Harirampur PLB-1

43 18 05 07 02 03 01 - 02 81 Completed Revised RP

submitted

on

07/12/2017

Not Done No grievance is

yet found

Total 248 959 48 506 43 711 112 68 15 2710

3During Socio-Economic & Census Survey 2372 Aps & 12 CPR has been identified but during JVT survey 2310 Aps & 12 CPR has been identified. 62 Aps ( Squatters) has been reduced due to displacement to another places.

4During Socio-Economic & Census Survey 83 Aps & 2 CPR has been identified but during JVT survey 88 APs has been identified & 02 CPR has been reduced. Finally total 90 Aps has been identified ( 02 Aps has been included by DC office)

26 | P a g e

4.5. Grievance Redress Mechanisms Grievance Redress Committees (GRCs) has been established to ensure stakeholders participation in the implementation process. Through public consultations, the DPs will be informed that they have a right to grievance redress from the BWDB. The DPs can also call upon the support of the Implementing Agency (IA) engaged to implement the RP to assist them in presenting their grievances or queries to the GRC. Other than disputes relating to ownership right and award of compensation by the Deputy Commissioner under the court of law, GRCs will review grievances involving all resettlement assistances, relocation and other supports. Grievances will be redressed within 21 days from the date of lodging the complaints. The GRCs will be formed and activated during RP implementation process to allow DPs sufficient time to lodge complaints and safeguard their recognized interests. Where land acquisition will not be involved but relocation of structures or vacating land from cultivation will be required, the GRCs will facilitate resolution of complaints regarding categorization of vulnerable affected persons, types of structures and eligibility for compensation and assistance within the set guidelines and provisions of the Resettlement Plan. Any complaints of ownership or other suits, to be resolved by judiciaries system, will not be resolved in GRCs. Procedures of resolving grievances are described in Figure below: Figure 1 : Grievance Redress Flow Chart

Application submitted to GRC through Sectional officer/ INGO

Complaints under arbitration or Existing LA law

PD for approval

Not under Arbitration or lawto be settled as per RP Policy

GRC members

• BWDB Representative

• Union Parishad Representative

• APs Representative

• Concerned branch of BWDB Representative

GRC Hearing within 21 days of lodging the claim

Not Redressed

Aggrieved Persons

Scrutinization of Complaints by GRC

Referred to DC

Redressed

District Judge

Recommendation for Compensation Claim

Seeking legal Settlement

Decisiona accepted

INGO for Payment

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4.6. Steps of Land Acquisition Process Land Acquisition process is complex in nature in terms of following the administrative procedures from the beginning to end. Several mandatory Steps are required to complete the Land Acquisition process in dealing with the administrative Ministry to District Land Acquisition Committee (DLAC) is administered by Deputy Commissioner (DC) in connection with the Land Acquisition Acts 1982 of the Govt. of Bangladesh. A flow chart of the different steps in dealing with the LA process is given below.

Figure 2: Land Acquisition Flow Chart

Stage 1 Finding suitable land at various locations for project purposes subsequently submit the proposal to the Ministry by MoWR

Reconnaissance Survey

Stage 2 Administrative Approval given by the Ministry From Govt. (Ministry of Water Resources) through BWDB

Stage 3 Plot wise Topographic survey By Surveyors

Stage 4 Preparation of Mouza‐wise maps & proposals for Land

Acquisition

Mouza (area)-wise map

Stage 5 Submission of proposals to D.C through BWDB BWDB to Deputy Commissioner

Stage 6 Review by D.C Proposal Review

Stage 7 Feasibility Study by D.C Office Field Visit

Stage 8 DLAC Meeting & Approval District Land Allocation Committee meeting to approve or reject

Stage 9 File LA Cases & Issue Notice under Section 3 Notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance 1982

Stage 10 Joint field verification By D.C and BWDB

Stage 11 Objection hearing – under Section‐4, if objection is raise From affected landowner within 15 days period

Stage 12 Preparation of estimate & approval Sent to the div. commissioner if any objection in case of above 50 bighas(16.5 ac)

Stage 13 Sent to the Prime Minister through Ministry of Land for approval in case above 50 bighas (16.5ac) – 30 days

Goes back to D.C after approval

Stage 14 Notice Under Section ‐6 2nd Notice to landowners

Stage 15 Land value & compensation data collection Done locally by D.C/govt.

Stage 16 Preparation of estimate & approval Recording (Paperwork) in D.C office

Stage 17 Demand Notice for Fund D.C to BWDB and payment based on BWDB approvalStage 18 Fund Placement

Stage 18 Fund Placement Payment to D.C by issuing Demand Draft

Stage 19 Fund Collection & preparation of award Done by D.C office

Stage 20 Notice Section 7 20. 3rd and final Notice to landowners 3rd and final Notice to landowners

Stage 21 Start payment by D.C (10 days) to Landowners & Possession Hand over ‐6 days

Land possession handover to BWDB by D.C then BWDB to userdepartment

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Stage 22 Gazette Notification – no time frame Done afterwards through D.C

Stage 23 Mutation – no time frame To mutate land in the name of BWDB, then yearly Government Land Development Tax is to be paid by BWDB.

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4.7. Potential Monitoring Indicators for Sub-Reach The following indicators have been designed for monitoring the land acquisition and Resettlement activities that are being in progress at the field level. However, in this period of activities, no significant changes are observed in case of fulfilling the monitoring indicators as land Acquisition (LA) plans are being functioned under the executive jurisdiction of the respective Land Acquisition officers administrated by DC offices those are in progress.

Table 7: Monitoring Indicators for Sub-Projects

Type of Monitoring

Monitoring Indicators Not Applicable (N/A),Yes/No /In progress /Yet to be done

Remarks

Budget frame

Have all land acquisition and resettlement staff been appointed and mobilized for the field and office work on schedule?

Yes

Have Capacity Building and training activities been completed on schedule

Yes

Are resettlement implementation avtivities being achieved against agreed implementation plan

Yes

Are funds for resettlement being allocated to resettlement agencies on time

Yes

Have resettlement offices received the scheduled funds Yes

Have funds been disbursed according to RP In Progress

Has the social preparation phase taken place as scheduled In Progress

Has all land been acquired and occupied in time for project implementation

In Progress

Delivery of AP

Entitlements

Have all APs received entitlements according to numbers and categories of loss set out in the entitlement matrix?

In Progress

Have APs received payments on time? In Progress

Have APs losing from temporary land borrow been compensated? In Progress

How many APs households have received land titles? Not Start

How many APs have received housing as per relocation options in the RP?

N/A

Have relocation sites been selected and developed as per agreed standards?

N/A

Have affected businesses received entitlements including transfer and payments for net losses resulting from lost business and stoppage of production?

In Progress

Have consultations taken place as scheduled including meetings, groups, community activities? Have resettlement leaflets been prepared and distributed?

In Progress

How many APs know their entitlements? How many know if they have been received?

In Progress

Have many APs used the grievance redress procedures? 50 APs

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4.8. Activities of Implementing NGO Development of MIS

VRDS-HCL developed MIS for determining the losses, disbursing the compensation payment and affected households. The data generated by the field offices are being used as technical inputs of the MIS. The MIS Specialist and the Database Manager have been developing the MIS at the central office of Dhaka.

Stakeholders’ Meetings

Since inception, VRDS-HCL has started establishing face-to-face contact with the APs. Focus Group Meetings are entry point for the stakeholders where APs/EPs are given an opportunity to discuss the issues related resettlement, relocation, compensation, gender, project assistances and grievances. These are APs social institutions for ventilating resettlement issues services need from time to time. However, during the period of July to December 2017, VRDS-HCL conducted 136-stakeholders meeting in the 05 project location. The following table reflects the status of the stakeholders meetings.

Table 8: Status of the Stakeholders Meetings

Sl No Location Nos of stakeholders’ meetings Remarks

1 Riverbank protection work at Zafargonj JLB-2 ( 1.4 km)

25 Public consultation meeting done

2 Riverbank protection work at Zafargonj JLB-2 (0.6 km)

19 Public consultation meeting done

3 Riverbank protection work at Chauhali 22 Public consultation meeting done

4 Embankment (Koijuri to Hurasagor) including 4 Regulators in JRB-1

60 Public consultation meeting done

5 Riverbank protection work at Harirampur 10 Public consultation meeting done

Total 136

Distribution of Booklets/Brochures

The Information Booklets has been developed by the project in Bangla and other brochures are being distributed among stakeholders/beneficiaries/UP Chairman and UP members of subproject sites at the Focus Group/stakeholders’ meetings. The entitled persons are addressed with thisinstrument. Through the booklets / brochures, entitlements of the EPs are disclosed. The EPs are concerned about their Payment of Compensation both from the Deputy Commissioner and VRDS-HCL /BWDB office. The above booklet reflects detail guidelines how to address their concern. Gender Development

Through involving womeni n sub-project activities, pro-poor women will get the opportunity for creating dynamism in the perspective of income generation, livelihoods promotion, and hygienic behavior in case of health, water and sanitation, awareness of gender discrimination etc. A new era of women in the field of development in the different project areas has been created through these trainings under the projects. In case of land acquisition and resettlement activities of project, women are given due attention to get equal opportunities for obtaining entitlement of acquired

31 | P a g e

lands and providing compensation and resettlement to them if they are affected in this connection. Despite the formal training, provided by VRDS-HCL to invite women to the stakeholders meetings at the project site the participation was found unsatisfactory. However, women participants were encouraged to sit in the Stakeholders / Focus Group meetings to raise their voices along side with man over the issues of land acquisition and resettlement particularly apart from other gender issues. However, issues of gender discrimination and the oppression of the society in different forms over women discussed in the stakeholder’s meetings in which they took part in sharing their grievances. Way Forward – Proposed Activities

▪ Monitor the land acquisition and resettlement process in dealing with the DC offices and VRDS-HCL Joint venture/INGO.

▪ Ensure pro-active role of DC offices & different committees like PAVT/JVT for reinforcing the resettlement activities in the field.

▪ Monitor the function of different committees for Land Acquisition and Resettlement ▪ Determine the compensation package for the land acquisition and resettlement ▪ Determine and finalize the Entitlement Persons (EPs) in case of land acquisition and

resettlement for subprojects ▪ Preparation of Identity Cards for the Entitlement Person/Affected People ▪ Monitor the Grievances raised by the Affected Households/Persons and give attention to GRC

for final resolution. ▪ Monitor the opening of Bank Account for the EPs ▪ Monitor the payment procedure of the compensation to the Entitlement Persons ▪ Monitor the deposition of compensation to the Bank Account of EPs ▪ Proper documentation of the payment of the compensation to be done by VRDS-HCL Joint

venture. ▪ Ensure proactive role of VRDS-HCL Joint venturein dealing with the DC and SMO offices by

deploying professional personnel at the field. ▪ Ensure the quality of the reports of VRDS-HCL Joint venture. ▪ Ensure the monitoring activities of VRDS-HCL Joint ventureby Resettlement Specialist by visiting

subprojects as and when required.

4.9. ADB social safeguard missions During the last 6 months 2 ADB social safeguard missions (November and December) were fielded to

review the progress of implememting the correctives measures that were formulated during the last

6 months. ( the updated table that describe the corrective measures added in Annex-iv)

4.10. MIS progress VRDS-HCL developed databse of Joint Verification Survey and Market Survey data. After

computerization of survey data VRDS-HCL assessed the individual Entitle Person (EP) and quantity of

losses including EP, EC and EP’s payment.

The MIS is under development.

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5. Conclusions and Recommendations The resettlement process of FRERMIP covers compensation and resettlement assistance for the Project Affected People of their households, business structures and other lost assets in connection with the riverbank protection works under five nos of RPs and construction/rehabilitation of embankment under one no of RPs. The RPs also included women headed and vulnerable household allowance for resettlement assistance. Mitigation of loss of assets and livelihood is the focus of the Resettlement Plan. A livelihood program is included in the project-aiming enhancement of livelihood of the project-affected people. Resettlement Plan would be implemented as per revised resettlement framework which is under approval process so that the project-affected persons must not be worse off than their present social and economic status due to the project because of shifting to other places and relocation. In this project, the design, compensation, relocation options, benefits and adverse social impacts were discussed with the affected persons and their community. The stakeholders were asked for their views on the project overall as well as more specific discussion about occupying the government land, compensation process, relocation requirements, and views on alternative options. Women and other vulnerable groups had also been consulted regarding the specific project impacts and their livelihood aspects. The Project further provides several 'best practice' examples in resettlement management by encouraging community consultation and participation of Affected Persons (APs) in decision-making process. Mitigation of loss of Assets and Restoration of Livelihood are the focus of the Resettlement Plan. Hence, it deserves implementation and these best practices need to emphasize strongly and mandated in any future policy development. Approval of Resettlement Plan (RP), Land Acquisition (LA) Plan, and constitution of different committees/teams, approval of Compensation Budget and release of compensation fund should take place well before the physical work of the project starts. So that disbursement and payment of CCL and RB could be made before displacement from right of way. Land acquisition schedule should synchronize with the resettlement program to ensure disbursement of compensation both CCL and Resettlement Benefit almost simultaneously for enabling EPs utilize the total compensation money prudently for replacement of lost assets. All stipulations i.e. Tree Plantation, Social Development, Income Generation, etc. the programs need to be clearly and fully expressed, their implementation emphasized and mandated in the Plan. Dispute resolution mechanism through the Grievance Redress Committee (GRC) should be adopted in any future policy guideline to make the implementation of RP transparent and accountable.

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ANNEXES

Annex 1: Project Entitlement Matrix (AS PER UPDATED RF)

The entitlement matrix describes major types of losses attached to land acquisition and resettlement. The Project will assist the APs in clustered relocations with community facilities or, alternatively, in self-relocation. APs may be relocated to BWDB land (if available) or to plots purchased (by the APs) for which assistance is provided in the form of homestead land development. In addition to the CCL, Resettlement Benefits as per the entitlement matrix will be provided to the APs.

General Implementation Issues and application Guidelines

1. PVAT

BWDB will setup a Property Valuation Advisory Team (PVAT) at the BWDB Division level. The tasks

of this PVAT are:

a) Recommend Resettlement Cost (RC) based on Current Market price (CMP) analysis for Land,

Structures, Trees and standing Crops

b) CMP will be assessed for every affected mauza

c) In case of Land averaging (i) minimum approved price of land available at respective Sub-

registrars’ offices, (ii) reported price, and (iii) transacted price of land at those mouzas (CMP

should not be less than minimum approved price of land). RC will be obtained by adding the

titling cost prorated on the CMP thus obtained (RC=CMP+CMPxa%, where ‘a’ is the rate of

applicable registration cost for purchasing the land for CMP equivalent amount of money).

d) For all private land, the market price5will be enhanced by 50% for compensation under law

(CCL). For khas land (DC is the owner at respective districts on behalf of the government), CCL

will be the assessed market price without 50% enhancement.

e) RC for structure considering the cost of materials, labor inputs and land development cost at

current market rates.

f) RC will be approved by the Project Director.

2. INGO

BWDB will engage a NGO to support implementation of resettlement plan i.e. to support the

implementation of all land acquisition and resettlement activities. The NGO (INGO) will

a) Identify all persons who have interest in the lands that will be acquired under the project

(owner, tenants, operators etc.;

b) identify all informal occupier/ settler on the right of way of new embankment, rehabilitation

embankment and RBP works;

c) Make the landowners / tenant/ informal occupier aware about details of land acquisition

process, compensation entitlement, payment procedure/ mechanism, resettlement benefit

offered by the project.

d) Legal owners will be assisted by INGO to organize legal documents in support of their

ownership

e) INGO will identify loss and entitlement of female owners and co-sharers through share

determination at the field upon receipt of payment data from the DC office

f) The INGO will inform the APs of the details of the land acquisition and compensation process, resettlement package and payment procedure.

5 The price as recorded of recent land sale transactions in government documents.

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g) The INGO shall encourage Entitled Persons (EPs) to consider purchasing land or investing the money in productive/income generating activities.

3. JVT

a) The loss inventory items and quantities as well as the Entitled Persons (EP) shall be verified in the field through Joint Verification Team (JVT) formed by DC. The members of PVAT will attend field verification by JVT.

b) The JVT will verify the socially recognized User as identified by the Census 4. BWDB field office (Executive Engineer) will do Title updating for usufruct and other rights before

issuance of notice with assistance from INGO 5. DC will pay CCL for the Loss Items. If RC is higher than CCL, the difference will be paid by BWDB

with assistance from INGO. 6. Compensation for Structures:

a) Joint Verification (DC and BWDB) and/or Census will identify (record floor areas and category)

of structure

b) Compensation must be paid before AP dismantle and remove the structures as per civil works

requirement

c) The date of service of notice will be recognized as the cut-off date for structures not

recognized by DC. In case of major differences identified between databases, BWDB will verify

the data through the Joint Verification Team (JVT).

d) The owner is allowed to take all salvageable material

Unit of Entitlement Entitlements Applicable Law Additional Services

Loss Item 1: LOSS OF AGRICULTURAL LAND

Legal owner(s) as

identified by Deputy

Commissioner (DC)

in the process of CCL

payment.

1. Replacement Cost (RC)6

of agricultural land.

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 2: LOSS OF HOMESTEAD, COMMERCIAL, INDUSTRIAL LAND AND COMMON PROPERTY

RESOURCES

Legal owner(s) as

identified by DC in

the process of CCL

payment.

1. RC of land.

2. A plot in the residential or

commercial area of the

resettlement village (RV), if

required, for the homestead

or commercial land losers

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

1. RVs for the APs of

entitled land-owners

will be developed on

privately-owned

purchased land(s)

inside the

embankment in close

proximity to AH

6The costs of replacing lost assets (e.g., land, houses/structures, trees and crops) and income, including cost of transaction.

35 | P a g e

Unit of Entitlement Entitlements Applicable Law Additional Services

respectively. population.

2. BWDB will assist

purchase of above

land(s) jointly with

INGO on negotiated

price and homestead

land development

(earth filling, if

needed.) with

internal road links.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 3: LOSS OF WATER BODIES (PONDS, BOTH CULTIVATED AND NON-CULTIVATED)

Legal owner(s) as

identified by DC in

the process of CCL

payment.

1. RC of the water body

(private land).

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 4: LOSS OF RESIDENTIAL STRUCTURES WITH TITLE TO LAND

Legal owner(s) as

identified by DC in

the process of CCL

payment.

1. RC of residential structure

2. Transfer Grant @ Tk. 10 per sft

of affected structure but not

exceeding Tk. 3,000.

3. Reconstruction and Homestead

Development Grant (RHDG) of Tk.

8,000.

SPS 2009

LA Act 1982

Sec 8(1) (a) &

Sec 8(2)

LA Rules 1982

LA Act 2017

Assistance in relocation and

reconstruction.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 5: LOSS OF COMMERCIAL/INDUSTRIAL/COMMON RESOURCE PROPERTY (CPR) STRUCTURES

WITH TITLE TO LAND

Legal owners as

identified by DC in

the process of CCL

1. RC of commercial,

industrial, CPR structure

SPS 2009

LA Act 1982 Sec 8(1) (a)

Assistance in

relocation and

36 | P a g e

Unit of Entitlement Entitlements Applicable Law Additional Services

payment. 2. Transfer Grant @ Tk. 10

per sft of affected structure

but not exceeding Tk.

3,000.

3. Reconstruction Grant of

TK10,000.

& Sec 8(2)

LA Rules 1982

LA Act 2017

reconstruction.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 6: LOSS OF RESIDENTIAL AND OTHER P

HYSICAL STRUCTURES (WITHOUT TITLE TO LAND)

Socially recognized

owners of structures

built on the ROW

1. RC of structure

2. Transfer Grant @ Tk. 10

(ten) per sft of affected

structure but not

exceeding Tk. 3,000

3. Reconstruction and

Homestead Development

Grant (RHDG) of Tk. 8,000

plus a provisional option of

obtaining a free land from

BWDB in an RV on the ROW

with community facilities.

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

1. The homestead losers will produce documentary evidence and the BWDB through JVT will cross verify the

landlessness of the homestead losers for allocation of an RV plot for free.

2. The RP-INGO will assist the APs to move to clustered relocations (resettlement villages) with community

facilities or, alternatively, in self-relocation. The APs may be relocated to BWDB land (if available) or plots

purchased (by the APs) for which assistance will be provided in the form of homestead land development.

Loss Item 7: LOSS OF TIMBER AND FRUIT BEARING TREES, BAMBOO AND BANANA GROVES

1. Legal owner(s) as

identified by the DC

in the process of CCL

payment.

2. Socially recognized

owners of trees

grown on public or

1. Timber trees and

bamboo: RC of trees and

bamboo.

2. Fruit-bearing trees

without timber: if the tree is

at or near fruit-bearing

stage, the estimated current

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

INGO to explain RP

policies regarding

compensation for the

trees of different

categories and size

and make the EPs

aware that they could

take the timber and

37 | P a g e

Unit of Entitlement Entitlements Applicable Law Additional Services

other land market value of the fruit.

3. Fruit-bearing trees with

timber: RC for the timber,

and estimated current

market value of fruit.

4. Banana groves: RC of all

trees

5. Owners will be allowed to

fell trees and take the

timber, free of cost after

payment of CCL or RC as

applicable.

fruits free of cost.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

1. The INGO will provide guidance in plantation and post-plantation care.

Loss Item 8: LOSS OF STANDING CROPS/FISH STOCK

1. Legal owners

identified by the DC

in progress of CCL

payment

2. Socially recognized

owners

1. RC of standing crops/fish

stock.

2. Owners will be

allowed to harvest crops

and fish stock.

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

INGO will assist APs

in the process of

claiming

compensation from

DC

offices for organizing

necessary

documents.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 9: LOSS OF LEASED /MORTGAGED IN LAND/PONDS

1. Leaseholder with

legal papers.

2. Socially recognized

lessee or

sharecropper, in case

of customary

informal tenancy

arrangements,

including socially

recognized

1. RC of crops/fish stock.

2. Outstanding lease money

back to the lessee by the

owner as per agreement.

1. INGO will assist in

ensuring that the

lessee

receives all eligible

payments.

2. INGO will mediate

refund of outstanding

lease money by the

38 | P a g e

agreements. owner to the lessees.

Special Implementation Issues and application Guidelines:

1. With legal agreement: legal owner and mortgagee/leaseholder will be paid CCL by DC in accordance by

the law 2. With customary tenancy agreements, including socially-recognized verbal agreements: Legal

owner will receive CCL from DC. The legal owner will pay the outstanding liabilities to the lessee/mortgagee.

Under the following conditions: (i) all contractual liabilities are already paid up; (ii) if not, the legal owner

will get the residual payment after all liabilities are paid up. 3. BWDB will ensure RC of crops to the

cultivator with direct payment of the difference, if CCL is less than RC, with assistance from INGO. 4.

Dislocation Allowance will be paid to the actual cultivator of the acquired land by BWDB with assistance

from INGO.

Loss Item 10: LOSS OF INCOME FROM DISPLACED COMMERCIAL/ INDUSTRIAL PREMISES (OWNER

OPERATED)

Any proprietor or

businessman or

artisan operating in

premises

1. Grant for Loss of Business

@ 5% of DC’s payment for

the structure.

2. One time Moving

Assistance of Tk. 5,000 for

tenants.

3. Option to purchase a plot

in the RV, with the

assistance of the INGO

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

EPs will be brought

under income and

livelihood

regenerating

program (ILRP).

Special Implementation Issues and application Guidelines:

1. All the business operators will be entitled for grant against loss of The onetime moving assistance will be

provided to only the tenants.

Loss Item 11: TEMPORARY LOSS OF INCOME (WAGE EARNERS IN AGRICULTURE, COMMERCE & SMALL

BUSINESS AND INDUSTRY)

Regular wage

earners affected by

the acquisition.

1. Tk. 2,500 per affected

household (AH)

2. Or Tk. 3,500 for AH

headed by women

3. Employment in the

Project construction work, if

possible

1. EPs will be brought

under the ILRP.

Special Implementation Issues and application Guidelines:

EP must have been an employee of landowner or business located in the acquired lands for at least twelve

months, as identified by Joint Verification and/or a contracted institution or a consulting company’s census.

Loss Item 12: LOSS OF INCOME FROM RENTED -OUT AND ACCESS TO RENTED-IN RESIDENTIAL/

39 | P a g e

COMMERCIAL PREMISES

1. Owner of the

rented-out premises

2. AH/person rented-

in any such structure

Dislocation Allowance of Tk.

4,000 for each unit of

premises to both the renter

and the rentees.

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

EPs will be brought

under the ILRP.

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 13: ADVERSE IMPACT ON HOST POPULATION DUE TO RELOCATION OF APs

Households self-

relocated to the host

villages

Enhancement of carrying

capacity of common civic

amenities/utilities of the

host communities as per

assessment by BWDB.

1. Investment in the

host area to improve

health, education,

and other public

services.

2. Forestation in the

host area.

Special Implementation Issues and application Guidelines:

Community needs for enhancement of common facilities in host areas will be assessed through a needs

assessment survey.

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Loss Item 14: VULNERABLE AHs SPECIAL ASSISTANCE

Vulnerable AH

Assistance: Female-

headed households,

disabled, elderly,

extremely poor and

those losing more

than 10% of their

income to acquisition

of land or business.

One-Time Special Assistance

Grant of Tk 5,000

Skill training and credit

support under ILRP.

EPs will be brought

under the ILRP.

Special Implementation Issues and application Guidelines:

1. Loss of income will be assessed as per actual loss of productive resources (land and businesses) to the

project and the total income of the affected households from all sources through Census of all AHs.

2. JVT will verify the percentage of loss comparing the actual loss and the total income from all sources of

the affected households.

3. Households turning into landless due to acquisition of agricultural land will be eligible for larger credit

from the ILRP for longer duration.

Loss Item 15: LOSS OF SUBMERGED LAND (ERODED LAND)

1. Legal owner(s) of

land (DC's khas land

after legally

established AD

Line).

2. Previous private

owners of land

below AD Line.

1. In absence of legally

established AD line, all

entitlements as provisioned

for Loss Item 1.

2. In case of khas land, CCL

to respective DCs.

3. RC of khas land to

previous owner(s).

SPS 2009

LA Act 1982 Sec 8(1) (a)

& Sec 8(2)

LA Rules 1982

LA Act 2017

Special Implementation Issues and application Guidelines: In Case of any conflict between Government

Act/Rules & SPS 2009, later will prevail.

Loss Item 16: UNFORESEEN ADVERSE IMPACTS

Households/persons

affected by any

unforeseen impact

identified during RP

implementation

Entitlements will be

determined as per the

resettlement policy

framework

As appropriate

Special Implementation Issues and application Guidelines:

The unforeseen impacts and affected persons will be identified with due care as per policy framework and

proposed to the MoWR and the ADB for approval including quantity of losses, their owners and the

entitlements.

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Annex 2 : Government Order for JVT, PVAT & GRC

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Annex 3: Pictoral Views

ADB mission visit at Embankment KRB-1 on 05/11/17 ADB mission visit at Chauhali on 06/11/17

Consultation Meeting on 6/10/2017 at

ADB mission visit at Chauhali on 06/11/17 ADB mission visit at Zafarganj on 06/11/17

Monthly Meeting at PD office on 07/09/2017

Consultation Meeting on 10/09/2017 Consultation Meeting on 10/09/2017

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GRC Meeting at Tangain XEN office on 14/09/2017 PVAT meeting at Tangail XEN Office on 18/09/2017

Monthly Meeting at PD office on 28/08/2017 Resettlement benefit distribution at Chauhali RBP on 22/07/2017

Resettlement benefit distribution at Zafarganj RBP ( 600m) on 16/07/2017

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Annex 4: correctives measures

1. Corrective Action Plan to bring the project comply with the Loan Agreement for Zafarganj 1.4 Km, Manikganj

Sl.No Corrective Actions Dateline and

related remarks

Responsible

Party

Status as on

31 Dec. 2017

Revised

Deadline

1 Inventory DPs to show the

following list of group of DPs:

Submitted to ADB

18 June 2017

BWDB assisted

by the I-NGO

Done

Identified DPs received

resettlement Grant

Done

Identify DPs that will received land

compensation through DC

Done

Identify DPs with titleholders that

loss other properties such as tree,

structures, moving grants, and

transition allowance due loss

income but will not be paid by DC

and those who will be paid by DC

NA

Identify DPs with title holders but

were not included in the DC list for

payment

NA

Identify DPs without title that

have received full compensation

and other entitlements

Done

Identify DPs without title that

have not received/ have not been

paid a compensation and other

entitlements, and describe clearly

what needs to be paid

Done

Identify as clearly as possible

where the source of funding that

will be used for paying

outstanding compensation and

other entitlement for each group

listed above (either from

government budget through DC or

project budget

Done

2 Submission of Estimate from DC to

BWDB for paying compensation

and other entitlement based on

Joint Verification Committee

15 June 2017 BWDB has to

urge respective

DCs submit on

time

Received

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Sl.No Corrective Actions Dateline and

related

remarks

Responsible

Party

Status as on 3 1th Dec.

2017

Revised

Deadline

3 Transfer of fund from BWDB to

respective DC

20 June 2017 BWDB Done

4 Payment compensation to DPs

by DC

20 to 25 June

2017

Respective DC

in close

coordination

with BWDB

Notice u/s 7 (payment

notice) issued on

12.11.2017. 50 out of

90 APS have applied for

CCL.

1st

February,

2018

5 Payment of Compensation and

other entitlement to DPs

without titleholders by the

Project

Complete by

25 June 2017

BWDB

assisted by I-

NGO

88 EPs received

resettlement benefit on

15.04.2017; 2 EPs

payment pending (10

wage earner & 2 title

holders)

7th February, 2018

6 Submit report to ADB on

completion of implementation

the corrective action plan for

Zafarganj 1.4 km

9 July 2017 BWDB Monthly Report of June

& July and Meeting

minutes of 1 & 28

August 2017 submitted

to ADB.

10th

February,

2018

2. Corrective Action Plan to bring the project comply with the Loan Agreement for Zafargonj 0.6 Km,

Manikgonj

Corrective Actions Date line and

related

remarks

Responsible Party Status as on 31

Dec. 2017

Revised

Deadline

1 Based on the RP verify DPs with

and without title that need to

receive compensation and other

entitlement, the inventory should

be able to show the following

group of DPs

Submitted to

18 June 2017

BWDB assisted by the

I-NGO

Done

Identified DPs with titleholder

that have been included in the list

of DC and received notification

and verified by JVC and payment

should be from Government

budget

Done

Identify DPs with titleholders that

includes in the DC list but

compensation for loss other

Done

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Corrective Actions Date line and

related

remarks

Responsible Party Status as on 31

Dec. 2017

Revised

Deadline

properties such as tree,

structures, moving grants, and

transition allowance due loss

income but will not be paid by

DC and should be paid by the

Project budget

Identify DPs with titleholder but

were not included in the list of DC

survey and verification

committee. Detail list of

compensation and other

entitlement for these DPs should

be identified and whether these

compensation and entitlement

should be paid by the project

budget

Done

Identify DPs without titleholders

that needs to be pay full

compensation and entitlement by

the project budget – should

describe detail compensation and

entitlement that should be paid

e.g. loss tree, structures, moving

grants, and transition allowance

due loss income

Done

Identify as clearly as possible

where the source of funding that

will be used for paying

compensation and other

entitlement, and indicate how

much payments can be made

under the available project

budget under the ADP 2016/2017

and how much fund needed

under ADP 2017/2018

Done

2 Expedite completion of DC tasks

to complete the process under LA

Act

25 June 2017 Respective DCs submit

to BWDB

Needs BWDB’s efforts

to ensure respective

DCs to submit the

required budget to

Done

Submission DC budget to

compensate DPs with title holders

received by BWDB For Zafargonj

25 June 2017 Done

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Corrective Actions Date line and

related

remarks

Responsible Party Status as on 31

Dec. 2017

Revised

Deadline

0.6 km BWDB

3 Transfer Fund from BWDB to

Respective DCs from budget

under 2017/2018 ADP

- As the available government fund can only cover payment for titleholder DPs for Zafargonj 1.4 km section

First week of

September

2017

BWDB Done

4 Payment Compensation and other

entitlement by DC to DPs with

titleholders

September

2017

Respective DCs in

close coordination

with BWDB

Notice u/s 3, 6 &

7 already issued;

Payment in

progress as per

government

process. All 26

Title holders

applied for CCL

payment.

7 February

2018

5

Payment compensation and

other entitlement to the DPs

without title from project budget

under ADP 2016/2017

30 June 2017 BWDB assisted by I-

NGO

26 EPs received payment of resettlement benefit

6 Payment compensation and other

entitlement to the DPs without

title from project budget under

ADP 2017/2018

September

2017

BWDB assisted by I-

NGO

NA

7 Submit letter to ADB to report the

progress in implementing

Corrective Actions in monthly

basis

5 July, 5

August, 5 Sept,

2017

BWDB Monthly Report

of June & July

and Meeting

minutes of 1 &

28 August 2017

submitted to

ADB.

Progress is

being

reported

regularly.

8 Submit report to ADB on

completion of corrective action

for implementing RP for Zafargonj

1.4 km

10 October

2017

BWDB

10th

February

2018

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3. Corrective Action Plan to bring the project comply with the Loan Agreement for Chauhali, Tangail

Corrective Actions Date line and

related

remarks

Responsible

Party

Status as on 31 Dec 2017 Revised

Deadline

1 Based on the RP verify DPs with

and without title that need to

received compensation and other

entitlement, the inventory should

be able to show the following

group of DPs

Submitted to

on the last

week of June

2017

BWDB

assisted by

the I-NGO

Done

Identified DPs with titleholder

that have been included in the

list of DC and received

notification and verified by JVC

and payment should be from

Government budget

Done

Identify DPs with titleholders that

includes in the DC list but

compensation for loss other

properties such as tree,

structures, moving grants, and

transition allowance due loss

income but will not be paid by

DC and should be paid by the

Project budget

Done

Identify DPs with titleholder but

were not included in the list of

DC (because during DC and JVC

survey, these DPs have moved )

and identify compensation and

other entitlement for these DPs

that should be paid by the

project budget

NA

Identify DPs without titleholders

that needs to be pay full

compensation and entitlement

by the project budget – should

describe detail compensation

and entitlement that should be

paid e.g. loss tree, structures,

moving grants, and transition

Done

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Corrective Actions Date line and

related

remarks

Responsible

Party

Status as on 31 Dec 2017 Revised

Deadline

allowance due loss income

Identify as clearly as possible

where the source of funding that

will be used for paying

compensation and other

entitlement either government

budget or project budget under

the ADP 2017/2018

Done

2 Continue with actions to follow

up approval from the Prime

Minister and obtain Prime

Minister Approval for land

acquisition

31 July 2017 BWDB Approval obtained from

the Prime Minister office

on 03.12.2017 for

Sirajganj Part

3 Expedite completion of DC tasks

including JVC tasks to complete

the process under LA Act

15 August

2017

Respective

DCs submit to

BWDB

And BWDB

will provide

the required

budget

JVC tasks already

completed by DC.

Submission of DC budget to

compensate DPs with title

holders received by BWDB for

Chauhali

16 August

2017

For Tangail district

estimate received & fund

will be paid very soon.

For Sirajganj district part

notice U/S – 6 is in

process.

25

December

4 Transfer Fund from BWDB to

Respective DCs

First week of

September

2017

BWDB For Tangail, Got estimate

& fund will be transferred

soon. For Sirajganj, notice

U/S – 7 is in process.

1st

January,

2018

(Sirajganj)

5 Payment Compensation and

other entitlement by DC to DPs

with titleholders

September

2017

Respective DC

in close

coordination

with BWDB

Do 7th

February

2018

6 Payment compensation and

other entitlement to the DPs

without title from project budget

September

2017

BWDB

assisted by I-

NGO

36 nos with titleholder

DPs payment will be

made very soon. Out of

191 nos. benefit given to

52 nos. (rest APs will get

vulnerable grant)

15.01.2018

7 Submit letter to ADB to report

the progress in implementing

Corrective Actions in monthly

5 July, 5

August, 5 Sept,

2017

BWDB Monthly Report of June &

July and Meeting minutes

of 1 & 28 August 2017

Monthly

Report of

August by

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Corrective Actions Date line and

related

remarks

Responsible

Party

Status as on 31 Dec 2017 Revised

Deadline

basis submitted to ADB. 20 Sept.

8 Submit report to ADB on

completion of implementation

the corrective actions for

Chauhali

10 October

2017

BWDB 10th

February

2018