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Resettlement Planning Document This resettlement due diligence report has been prepared by the Punjab Heritage and Tourism Promotion Board, IDIPT Punjab, Chandigarh for the Asian Development Bank and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB. This resettlement due diligence 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. Project Number: 40648-023 July 2016 IND: Infrastructure Development Investment Program for Tourism (IDIPT) - Tranche 1 Sub Project : PB/ASR/COM3/UISI/10 - Building infrastructure for vacating the Town hall Submitted by Punjab Heritage and Tourism Promotion Board, IDIPT Punjab, Chandigarh

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Page 1: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Resettlement Planning Document

This resettlement due diligence report has been prepared by the Punjab Heritage and Tourism Promotion Board, IDIPT –Punjab, Chandigarh for the Asian Development Bank and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB. This resettlement due diligence 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.

Project Number: 40648-023 July 2016

IND: Infrastructure Development Investment Program for Tourism (IDIPT) - Tranche 1 Sub Project : PB/ASR/COM3/UISI/10 - Building infrastructure for vacating the Town hall

Submitted by

Punjab Heritage and Tourism Promotion Board, IDIPT –Punjab, Chandigarh

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Page 3: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

DUE DILIGENCE REPORT ON SOCIAL SAFEGUARDS

INFRASTRUCTURE

DEVELOPMENT INVESTMENT PROGRAM FOR TOURISM (TRANCHE

1) STATE OF PUNJAB

BUILDING INFRASTRUCTURE FOR VACATING THE TOWN HALL

(CONSTRUCTION OF NEW BUILDING FOR AMRITSAR MUNICIPAL

CORPORATION) (NO. PB/ASR/COM3/UISI/10)

MAY 2016

Prepared by

The Government of Punjab for the Asian Development Bank

Page 4: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town Hall

(Construction of New Building for Amritsar Municipal Corporation) I

CONTENTS

1. INTRODUCTION............................................................................................................................ 1

2. DESCRIPTION OF SUB-PROJECT ............................................................................................ 1

2.1.1 Resettlement Framework (RF) ..................................................................................................... 2

3. OBJECTIVE OF DUE DILIGENCE REPORT ........................................................................... 3

4. REQUIREMENT OF DUE DILIGENCE REPORT ................................................................... 4

5. SCOPE OF DUE-DILIGENCE EXERCISE ................................................................................. 4

6. APPROACH AND METHODOLOGY ......................................................................................... 4

6.1 ACTIVITY 1: REVIEW AND APPRAISAL OF SUB-PROJECT REPORTS AND DOCUMENTS .................................. 4

6.2 ACTIVITY 2: CONSULTATIONS WITH THE PIU & CONTRACTOR ................................................................................. 4

6.3 ACTIVITY 3: SITE VISIT AND ON-SITE OBSERVATIONS ................................................................................................... 5

6.4 ACTIVITY 4: DUE DILIGENCE REPORT PREPARATION.................................................................................................... 5

7. SOCIAL SAFEGUARD DUE DILIGENCE ................................................................................. 5

7.1 ASSESSMENT/REVIEW OF SOCIAL ISSUES ............................................................................................................................ 5

7.2 DETAILS OF LAND ............................................................................................................................................................................ 5

7.3 RESETTLEMENT IMPACTS ............................................................................................................................................................ 6

7.4 IMPACT ON SCHEDULED TRIBE / INDIGENOUS POPULATION ..................................................................................... 6

7.5 GENDER ISSUES ................................................................................................................................................................................ 7

7.6 WAGES AND LABOUR REGISTER .............................................................................................................................................. 7

7.7 LABOUR CAMP SITE ........................................................................................................................................................................ 8

7.8 PUBLIC CONSULTATION ............................................................................................................................................................... 8

7.9 PROJECT ORGANIZATION STRUCTURE .................................................................................................................................. 8

7.10 GRIEVANCE REDRESSAL MECHANISM .................................................................................................................................. 8

7.11 EMPLOYMENT POTENTIAL .......................................................................................................................................................... 9

7.12 OTHER SOCIAL ISSUES ................................................................................................................................................................... 9

7.12.1 HIV/AIDS Awareness ................................................................................................................... 9

7.12.2 Child Labour ................................................................................................................................. 9

7.13 DISCLOSURE PROCESS FOLLOWED FOR SAFEGUARD AND OTHER RELATED DOCUMENTS ....................... 9

7.14 SOCIAL SAFEGUARDS IMPACT CATEGORIZATION .......................................................................................................... 9

7.15 COMPLIANCE TO SOCIAL IMPACTS MITIGATION DURING PROJECT PLANNING, DESIGN AND

IMPLEMENTATION STAGES ....................................................................................................................................................... 10

8. SUMMARY FINDINGS/ RECOMMENDATION ..................................................................... 11

LIST OF FIGURES

Figure 1: Project Location of Amritsar Municipal Corporation ................................................................................................ 3

LIST OF TABLES

Table 1: Project Social Safeguards Impact Categorization ....................................................................................................... 9

Table 2: Compliance to social impacts mitigation................................................................................................................. 10

LIST OF APPENDIX

APPENDIX 1: PROJECT MANAGEMENT STRUCTURE (AS PROPOSED IN PAM)

APPENDIX 2: GRIEVANCE REDRESSAL MECHANISMS (AS PROPOSED IN RF/IEE)

APPENDIX 3: INVOLUNTARY RESETTLEMENT IMPACT CATEGORIZATION FORM

APPENDIX 4: INDIGENOUS PEOPLE CATEGORIZATION FORM

Page 5: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) II

ABBREVIATIONS

ADB --- Asian Development Bank

AF --- Affected Family

AMC --- Amritsar Municipal Corporation

CDO --- Community Development officer

CPRs --- Community Property Resources

DSC --- Design Supervision Consultant

EA --- Executing Agency

GoI --- Government of India

GoP --- Government of Punjab

PHTPB --- Punjab Heritage and Tourism Promotion Board

PIU --- Project Implementation Unit

PMU --- Project Management Unit

R&R --- Resettlement and Rehabilitation

RP --- Resettlement Plan

ST --- Schedule Tribe

ToR --- Terms of Reference

Page 6: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 1

SOCIAL SAFEGUARD DUE DILIGENCE

1. INTRODUCTION

1. ADB is aiding India to develop tourism as a driver of sustainable and inclusive economic growth in

three states through Infrastructure Development Investment Program (IDIPT). The first tranche of a multi-

tranche financing facility (MFF) will upgrade infrastructure and services, and support policy reforms in

states of Himachal Pradesh, Punjab and Uttarakhand. Loan 1 (first tranche) includes the states of Himachal

Pradesh and Punjab. It will enhance the quality of natural and cultural attractions and increase community

involvement in tourism. The Loan Agreement and Project Agreement of Loan 2676 – IND Tranche 1 were

signed on 20th July, 2011 and made effective from 26th October, 2011. In Punjab, Tranche 1 consists 24

sub-projects of civil work, 9 of goods and 5 of consultancy. One community based activity package has also

been identified. Out of total 24 subprojects, 20 are in Amritsar and 4 in Gurdaspur districts. Tranche 1 of

Investment Program is under different stages of implementation.

2. The total investment programme cost for Punjab is $88.54 million where $61.98 million will be

financed by ADB in MFF over a period of 10 years and State Government financing will be $26.56 million.

The first tranche total investment cost will be $29.03 million where $20.32 million will be ADB loan

component while $8.71million will be State counterpart.

3. The department of Tourism (DoT), Government of Punjab (GoP) is the Executing Agency (EA) and

Punjab Heritage and Tourism Promotion Board (PHTPB) is the implementation agency (IA) for the IDIPT

for Punjab and the PMU has been set up at the PHTPB. LEA Associates South Asia Private Limited,

(LASA) in association with Simpson & Brown Architects (UK) and Addyman Archeology, UK (UK) has

been retained as Project Management Consultant (PMC) for PHTPB and Shah Technical Consultants Private

Limited in association with Grassroots Research and Consultancy (India) has also been engaged as Design

Supervision Consultant (DSC) by the PHTPB (the Implementing agency (IA))..

4. The purpose of this report is to present the Social Safeguard Due Diligence study conducted for sub-

projects, “Building Infrastructure for Vacating the Heritage Town Hall (Construction of New Building

for Amritsar Municipal Corporation) (Package no. PB/ASR/COM3/UISI/10), taken up under Tranche-1.

2. DESCRIPTION OF SUB-PROJECT

5. The Subproject is part of the Western Circuit which is located in the north-western segment of the

state, in the district of Amritsar. The circuit borders Pakistan in the west and the River Beas flows in the

eastern part. Amritsar City is identified as a Gateway destination by the Ministry of Tourism, GOI. It is the

main international air gateway to Punjab, containing the State’s major pilgrimage and heritage attractions, and has the largest tourism draw. The district of Amritsar is part of the Sikh Heritage Trail, the Freedom

Struggle Trail and the Grand Trunk Trail which starts from Ambala in Haryana and ends at Wagah –Attari

Border. (Source: As per Punjab Tourism Development Master Plan, 2008-2023; United Nations World

Tourism Organization (UNWTO)).

6. Amritsar is a district headquarters, which is located at an approximate distance of 250 Km from

Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. It is located

in the north-west of Punjab State and is well connected with rail and road network. It is a major trade and

tourist centre. The city has developed around the most sacred religious place for the Sikhs, namely the

Page 7: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 2

Golden Temple (Harmandir Sahib). There are 12 gates to enter into the walled city which is a rich heritage

zone. This zone comprises of Katras, courtyard houses and bazaars. The importance of the holy city

Amritsar is due to the presence of the Golden Temple and the Akal Takht, one of the five Takhts of the Sikh

religion.

Building Infrastructure for Vacating the Heritage Town Hall (Construction of New Building

for Amritsar Municipal Corporation)

7. The proposed subproject comprises construction of a new building with RCC structure with

basement and ground +3 floors. There is provision of parking space in basement and front open space. Lifts

and firefighting system are also being provided in the building. The works proposed under package 10 are

construction of a new building at Ranjit Avenue for vacating the heritage Town Hall located in the walled

city of Amritsar. There are some Government offices prevailing in the heritage Town Hall, which need to be

relocated elsewhere so that this old heritage Town Hall can be opened for visitors to enhance the tourism

potential of Amritsar. Conservation work of Town hall for development of city museum with visitor

facilities and internal services in Amritsar” is being done under separate Package no. 9 in this project.

8. The proposed construction of new office building at Ranjit Avenue, comprises, (i) Construction of

new office building with basement, ground floor + 3 floor with RCC structure, (ii) Providing lifts and

firefighting facilities, (iii) Boundary wall, gates and external flooring, (iv) Parking facility in basement and

front open side, (v) landscape design for the portion of front open area, (vi) Proposing street furniture like

signage and landscape lighting, (vi) Basic amenities like electrical works, plumbing works, water supply,

sanitation facilities etc; and (vii) Rain water harvesting and installation of tube well. The proposed sub-

project location on google map is shown in Figure 1.

2.1.1 Resettlement Framework (RF)

9. A Resettlement Framework is in place for guidance in preparation of resettlement plans and overall

safeguards management under IDIPT. The RF prepared for IDIPT tranche 1, has been modified to include

the development with respect to the RFCTLARR Act 2013 and for implementation of Tranche 1 sub-

projects. The RF reflects the national and state level acts and policies with respect to land acquisition,

involuntary resettlement and ADB’s safeguards policy statement (SPS, 2009). This RF is applicable to all sub-projects under IDIPT and is subjected to review and updating, ensuring relevance and consistency with

applicable country/state legal framework and ADBs SPS, 2009. The following web link may be referred for

Resettlement Framework Document. http://www.adb.org/sites/default/files/project-document/148689/40648-

034-rf-02.pdf

Page 8: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 3

Figure 1: Project Location of Amritsar Municipal Corporation

3. OBJECTIVE OF DUE DILIGENCE REPORT

10. Objective of Due Diligence Report is to:

Determine whether the subproject is free of Involuntary Resettlement impact such as land

acquisition, displacement, adverse impact on income and livelihood, community properties or any

other impacts.

Jalandhar

Attari – Wagha Border

Proposed AMC

Site

Page 9: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 4

Review the existing field circumstances of this subproject in accordance with ADB’s Safeguard Policy Statement (SPS) 2009.

4. REQUIREMENT OF DUE DILIGENCE REPORT

11. The construction of new AMC building dose not envisages the temporary or permanent land

acquisition and resettlement impact because the construction area is government land and NOC has been

obtained for construction of new AMC building. Since new AMC building is not having any encroachment,

land acquisition and resettlement. Therefore, no expected impacts on private/public land, structures etc. or

no negative impacts on livelihood are envisaged. Hence, no Resettlement Plan is needed and Due Diligence

Report fulfils the requirement of ADB’s safeguards.

5. SCOPE OF DUE-DILIGENCE EXERCISE

12. The scope of Due Diligence Exercise covers the following activities while preparing the DDR:

To monitor the process if government land transfer involved, the process followed for making

such land available to the project and the land-use of those government lands and description of

any encumbrances;

To gather the documentation regarding agreement reached with or consultation held to reach

agreement, in case of purchase of land directly from the community / panchayat;

To verify R&R provisions made applicable to the project;

To collect the details of grievance redress mechanism followed for the project, mentioning if

any grievances received from the local people and the action taken against those grievances;

To review the details of institutional arrangement for social safeguard implementation;

To review the details of the community consultation or development Activities, if carried out by

the PIU/contractor;

To verify the compliance with respect to Resettlement Framework (RF);

To review the disclosure process followed for safeguard and other related documents;

To gather any other information and data related to social impacts;

To suggest suitable measures for identified gaps and shortcomings in mitigating the social

impacts, if any, based on the due diligence exercise.

6. APPROACH AND METHODOLOGY

13. The methods followed for the preparation of due diligence report has been discussed in this section.

6.1 Activity 1: Review and Appraisal of Sub-Project Reports and Documents

14. The reports and relevant documents related to social safeguards available with the PMU have been

reviewed and appraised. The documents included Loan Agreement- ADB and Punjab State Government,

Project Agreement-ADB and Punjab State Government; Initial Environmental Examination (IEE) Report,

Resettlement Framework, and Contract Documents etc.

6.2 Activity 2: Consultations With the PIU & Contractor

15. Two-stage consultation process has been conducted towards preparation of the due diligence report,

(i) consultation with PIU officials prior to the site visit to appraise about the project, and (ii) consultation

Page 10: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 5

after the site visit to ascertain the compliance procedures adopted or planning to be adopted by the

PIU/Contractor for various safeguard issues observed at the site.

6.3 Activity 3: Site Visit and On-Site Observations

16. Visit to the sub-project site have been an integral part of the preparation of due diligence report.

PMC social safeguards specialist has visited the project site on 19th Jan 2016 and had discussions with the

Community Development Officer at PIU Amritsar etc.

6.4 Activity 4: Due Diligence Report Preparation

17. Based on field visit, data/report review, consultation with CDO, PIU Amritsar, due diligence report

have been prepared. Apart from IR & IP impacts review, the due diligence report also cover the other

safeguard measures such as public consultation, grievance mechanism, labour welfares, health & safety,

potable water and sanitations, gender activities, awareness about the HIV/AIDS etc.

7. SOCIAL SAFEGUARD DUE DILIGENCE

7.1 Assessment/review of Social Issues

18. The Tranche-1 sub-project has been categorized as “C” for involuntary resettlement (IR) and

Indigenous People Development as per ADB’s Safeguard Policy Statement (SPS-2009). The sub-project is

being executed within the government land. Progress of civil works of AMC building is in progress and

likely to complete within the extended contract period. The land area proposed has been permanent

boundary and no encroachment has been noticed.

19. Contract Agreement has been signed on 10th July 2013 for 18 months for completion of civil works.

As per the contract agreement the completion date was 9th January 2015, however due to delay in

completion, contract has been extended 31st March 2016.

7.2 Details of Land

20. According to the IEE report, the total site area of proposed AMC building is 8100 sq mtr (2 acre)

involving construction of basement, ground floor, first floor, second floor and third floor. The proposed sub-

project is within the land available at Ranjit Avenue. The land under project site originally possessed by

Punjab Water Supply and Sewerage Board and has been transferred to Municipal Corporation of Amritsar

on 30.04.2012. After taking over the complex by Municipal Corporation, Punjab Heritage and Tourism

Promotion Board (PHTPB) initiated planning for construction of new office building for vacating heritage

building of Town Hall. Thus, there are no impacts w.r.t. land acquisitions or resettlement due to the

proposed sub-project. Work progress captured during Due Diligence visit at AMC building presented below.

Page 11: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 6

Construction work is in progress

7.3 Resettlement Impacts

21. There will not be any resettlement impact due to the sub-project. The proposed land is vacant

government land and there are no residential structures adjacent to the land. The site is in the developed area

of Ranjit Avenue having access from both ends.

22. Details of affected properties: There will not be any impact on built-up structure of other

properties. There are some old structures like abandoned workers quarters, pump house, office and stores of

the previous department. Which have been demolished before the civil work starts.

23. Impact on Trees: About 50 numbers of trees have been affected due to proposed construction work

of new AMC building. Most of trees are wild trees and not much economic and ecological value due to this

sub-project. It has been preferred to cut the trees up to minimum amount and only those trees have been cut

which were extremely required for project execution. Necessary permission from local authority has been

obtained prior to cut.

24. No title holder is being affected or will be affected due to the project.

7.4 Impact on Scheduled Tribe / Indigenous Population

25. Indigenous peoples (IPs) are not affected due to the sub-project. All the proposed construction

activities are being carried out within the land allotted for the sub-project. This sub-project is categorized as

“C” for Indigenous Peoples. Amritsar district is not part of the notified Fifth Schedule Area1. Further, as

1 Fifth Schedule under Article 244(1) of Constitution defines “Scheduled Areas” as such areas as the President may by order declare to be Scheduled

Areas after consultation with the Governor of that State. The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are; (a)

Page 12: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 7

mentioned in the Indigenous Peoples Planning Framework of ADB (July 2010) Scheduled tribes are in all

States and Union Territories except in the States/Union Territories of Haryana, Punjab, Delhi, Pondicherry,

and Chandigarh.

7.5 Gender Issues

26. The proposed project does not have any adverse impact on women. The project certainly has some

benefits for women in terms of employment opportunities. RF suggests carrying out continuous consultation

with women community throughout project implementation to create awareness among the upcoming

development activities and their livelihood opportunities that are likely to come up. This is with the

objective to ensure participation in income generating and livelihood enhancing entities. Accordingly CDO,

PIU Amritsar has been conducting consultations at site. There are more than 25 women labourers engaged in

unskilled work. Labourers and contractors are being given awareness and training regularly on various

issues of safety, social welfare, and gender equality & empowerment as shown in photographs below:

CDO, PIU ASR during safeguard training with women labourers working at AMC

Women labourers working at AMC Women labourers working at AMC

7.6 Wages and Labour Register

27. The Labour Register is being maintained in the Sub-Project with disaggregated data on male/ female

workers at site. Contractor’s personnel revealed that the minimum wages (as per revised rates of Department

preponderance of tribal population, (b) compactness and reasonable size of the area, (c) a viable administrative entity such as a district, block or

Taluka, and (d) economic backwardness of the area as compared to the neighbouring areas.

Page 13: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 8

of Labour, GoP) and equal wage for equal works are being paid to the labourers without gender inequality.

There are no women involved in skilled work.

7.7 Labour camp site

28. The due diligence related consultation has revealed that most of the labourers are migrants from

Bihar, Uttar Pradesh and Madhya Pradesh. The contractor has been provided labour shelters within the

project site. Regular consultation with labourers especially women workers is being done by PIU officials at

site. Medical facilities such first aid box and consultation with doctors is being facilitated by CDO PIU

through contractor. Mosquito net are being used by the labourers to prevent themselves from mosquitos. The

contractor has been advised to provide clean and better accommodations to the labourers as per contract/law

throughout the construction period. Labourers have been advised to wear appropriate PPEs at all times, at

site during construction work.

7.8 Public Consultation

29. Consultation has been done with the contractor’s and support engineer during due diligence field

visit by safeguard specialist PMC and social issues discussed related to safeguard implementation. Apart

from discussion held on site, monthly stakeholder meetings with the labour at AMC building is being carried

out by CDO, PIU Amritsar and same shall be reflecting in Social Monitoring Reports. During discussion

with support engineer at AMC site issues such as health and safety of labourers, minimum wages, potable

water and sanitation, child labour prevention etc have been discussed by Social Safeguard Specialist on 7th

Nov 2015 and 19th Jan 2016.

7.9 Project Organization Structure

30. There are two Project Implementation Units (PIU’s) has been established by the Implementing

Agency (IA) PHTPB - Each PIU is responsible for the implementation and monitoring of sub-projects

happening in Eastern and Western circuits respectively. Each PIU has been headed by a Project Manager

(PM) comprising of professionals / officers from various disciplines including architecture, engineering,

contract specialist, Gender Specialists, community development officers (CDO) etc. CDO’s further supported by community mobilisers. PMU functioning at Chandigarh also comprising the Social and

Environment Safeguard Specialists along with Community Development Specialists, joined recently. All the

experts reporting progress of safeguards to the Forest Conservation Specialist (FCS)/Additional Project

Director and Project Director.

31. The key role of the CDO’s includes effective implementation of the safeguard measures proposed in

RF and ensures the safeguard compliance provisions of the investment program. The CDO’s will report the safeguard implementation status to the PM (PIU) and Safeguard Specialists (Environmental and Social)

PMU through monthly/ quarterly monitoring reports. Environment Safeguards Specialist and Social

Safeguards Specialist, PMU is further reporting to GoP and ADB as per agreed reporting schedule. Detailed

project organisation structure as proposed in PAM is placed at Appendix-1. Social Safeguard Specialist from

PMC and DSC team are further supporting in monitoring and implementation of safeguard measures as per

RF and IEE.

7.10 Grievance Redressal Mechanism

32. During preparation of social due diligence exercise, the RF and IEE report have been reviewed and

it is noted that RF has proposed effective and interactive mechanism in which participation of the

community is ensured through dialogues and frequent meetings with town/village heads, with respect to any

grievances. Grievance Redress Committee (GRC) has been formed and member representative has also been

Page 14: Resettlement Planning Document€¦ · Chandigarh (the state capital). The city of Amritsar symbolizes the spiritual heritage of Punjab. ... Basic amenities like electrical works,

Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 9

nominated from Deputy Commissioner and Municipal Commissioner, Amritsar. Further, PMU has issue the

necessary instruction along with the formats and procedure to note any type of grievance to PIUs. CDO is

responsible to monitor the grievance register and complaint submission forms to be maintained by the

representative of contractor. The GRC structure proposed in RF documents is placed in Appendix-2.

7.11 Employment Potential

33. The proposed sub-project ‘new AMC building’ will create direct and indirect employment

opportunities. More than 50 skilled and unskilled labours have been engaged during the conservation work

apart from other technical staff. In addition to that, other types of employment can also be generated by

suppliers of construction materials, tractor/dumper operators, etc., during construction phase. During

operation phase, indirect employment creation is envisaged for local shopkeepers, auto/taxi operators, etc.

The overall components of the subprojects will enhance livelihood opportunities for the local community.

7.12 Other Social Issues

7.12.1 HIV/AIDS Awareness

34. Considering the possible presence of labourers from outside the project area, EA/IA should take

proper care during construction to conduct information and education campaigns on the risks of HIV/AIDS

and other health issues, targeting construction workers at regular intervals. The civil works contractors

require (i) to disseminate information at worksites on risks of sexually transmitted diseases and (ii)

HIV/AIDS awareness as part of health and safety measures for those employed during construction. During

due diligence visit necessary information such board, signage and safety slogans are in place.

7.12.2 Child Labour

35. Child labour has not been observed during the due diligence visit. EA/IA ensures that the civil contractors are not employing children in the civil works or any other works in this sub-project.

7.13 Disclosure Process followed for Safeguard and Other Related Documents

36. Resettlement Framework has proposed that public consultation meetings need to be undertaken

throughout the implementation stage. Report suggests disclosure of safeguard documents at prominent

places for public information. Electronic version of RF has been disclosed on ADB’s website (the web link is http://www.adb.org/sites/default/files/project-document/148689/40648-034-rf-02.pdf). RF document in

local (Punjabi) language has not been yet disclosed. However, the Project related information have been

displayed at this subproject along with information of PIU, contact nos. for any grievance / complaint,

contractor’s information, First Aid Box, emergency nos. like fire, police, medical, ambulance etc.

7.14 Social Safeguards Impact Categorization

37. Based on the above assessment and SAR, the Tranche-1 sub-projects including this have been

categorized as “C” for Involuntary Resettlement (IR) and Indigenous People Development as per ADB’s Safeguard Policy Statement (SPS-2009). Table no. 1, presents the social safeguards impact categorisation

and the detailed screening forms for resettlement categorization and indigenous people are placed at

Appendix 3 and 4.

Table 1: Project Social Safeguards Impact Categorization

Name of Project IDIPT, Punjab Loan No. No. 2676– IND

Type of contract Regular Design Build Combined

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Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 10

Safeguards Categorization A B C

IR (Involuntary Resettlement Impact Categorization) N.A. N.A. C

IP (Indigenous people Categorization) N.A. N.A. C

7.15 Compliance to social impacts mitigation during project planning, design and implementation

stages

Table 2: Compliance to social impacts mitigation

Sl. No. Social Safeguard

Issues Findings Remarks

1 Impact minimization measures

The new AMC building is being constructed on government land. Livelihood pattern of any person will not be affected due to the project.

The project categorized as “C” for Involuntary Resettlement (IR) as well as Indigenous People Development as per ADB’s Safeguard Policy Statement (SPS-2009).

2 Census and socio-economic survey

As no impact has been noticed, hence not carried out.

3 Land acquisition The proposed land was in possession of Punjab Water Supply and Sewerage Board and transferred to Municipal Corporation of Amritsar on 30.04.2012.

4 Entitlements ADB’s policy of IR shall be applicable, if any impact seen.

5 Public consultation and disclosure

Public consultation has been carried during the project preparation stage

Impacts on livelihood and people resettlement issues are not envisaged as part of the project.

6 Impact on tribal people

Impact on tribal people is not envisaged as part of the project. Amritsar district as such is not part of the notified Fifth Schedule Area.

-

7 Socio-economic rehabilitation measures

Not applicable

8 Resettlement sites Resettlement site not envisaged

7 Socioeconomic rehabilitation measures

Not applicable

8 Implementation arrangement

Social safeguard implementation is part of the contract of IDIPT. PMU along with the PIU personnel is the core group responsible for social safeguard implementation at the project site. PMU and PIU is assisting in overall implementation of social safeguards.

Environment Safeguards Specialist and Social Safeguards Specialist are positioned at PMU along with Community Development Specialist and 1 Community Development Officer also supporting from each PIU to PMU in implementation.

10 Grievance Redressal Mechanism

The formation of GRC is in progress. TL, PMC has written an email regarding formation and functioning of GRC as suggested in RF/IEE document. Accordingly Project Manager PIU Amritsar has requested for nomination by DC Amritsar and Commissioner of Municipal Corporation ASR.

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Project Management Consultant for Punjab

Heritage and Tourism Promotion Board, Punjab

Infrastructure Development Investment

Program For Tourism , Tranche-1

Social Safeguards DDR- Building Infrastructure for Vacating the Heritage Town

Hall (Construction of New Building for Amritsar Municipal Corporation) 11

8. SUMMARY FINDINGS/ RECOMMENDATION

38. In this Sub-Project intervention, full or partial, permanent or temporary, physical and economic

displacements are absent. There will not be any adverse impact on people, livelihood, land or structure and

common property resources are observed as land belongs to the Government of Punjab.

39. The key observation of the Due Diligence for the social impacts are summarised as follows

The land is in the name of Tourism Department, GoP and is free from all encumbrances.

The sub-project does not involve any land acquisition or removal of encroachments.

The project site is neatly fenced with boundary wall and hence encroachment of land has been

prevented

As per ADB SPS 2009, the sub –project has been categorised as “C” type project, having no Involuntary Resettlement (IR) and Indigenous People Development (IP).

The requisite mentioned in the RF has been fulfilled during the project implementation, which

includes maintaining gender equality, equal wages, community consultations etc.

GRC has been formed at Amritsar PIU

Disclosure of RF document in local language not yet done

40. The due diligence study concludes that the project does not involve any outstanding social

safeguards issues. LA and IR impact absent for this subproject.

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APPENDICES

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Project Management Consultant for PHTPB, Punjab Appendix -1

APPENDIX 1: PROJECT ORGANIZATION STRUCTURE (AS PROPOSED IN PAM)

The Project management flow chart showing the reporting lines and key organizations involved in

implementation is shown in Figures 1.

Project Implementation Organizations – Roles and Responsibilities

Implementation

Organization

Management Roles and Responsibilities

Executing agency Government of Punjab through Department of Tourism (DOT)

Assume overall responsibility for the execution of the MFF and reporting;

Engage adequate permanent or fixed-term staff to implement the MFF;

Setup a state-level project management unit and project implementation units;

Provide overall strategic guidance on technical supervision and project execution;

and

Ensure overall compliance with the loan covenants.

Implementing agency Punjab Heritage and Tourism Promotion Board (PHTPB)

Project planning and budgeting;

Day-to-day assistance, supervision and guidance for the project implementation

units and their consultants;

Review subprojects for due diligence requirements and approve subproject

proposals;

Bidding, evaluation and contract award;

Managing and disbursing funds;

Review compliance with loan covenants, contract specifications, work plans and

quality control;

Consolidate and submit progress reports, finance and accounting / audit reports, and

matters requiring higher-level decision to state level empowered committee (SLEC)

and ADB

ADB Loan processing activities and signing of loan agreement;

Recruitment of implementation capacity development consultant;

Procurement supervision;

Disbursement;

Project administration reviews and missions;

Reviewing compliance with loan covenants;

Change in project scope or implementation arrangements; and

Reallocation of loan proceeds.

State-Level Empowered

Committee (SLEC)

act as a policy making body;

Provide overall advice and guidance to the state's EA and PMU; and

Accord all approvals under the MFF.

State Level Project Empowered Committee.

State-Level Empowered Committee (SLEC) have been established in Punjab, chaired by Chief Secretary, Govt.

of Punjab with Principal Secretary/Secretary of the Department of Tourism as member secretary and comprised of

secretaries from relevant line departments as indicated in the Facility Administration Manual (FAM). The SLEC

have been empowered to take all decisions on behalf of the State and will (i) act as a policy making body, (ii)

provide overall advice and guidance to the State’s executing agency and project management unit (PMU), and

(iii) accord all approvals under the Project.

The members of SLEC for the Punjab are as follows: Chief Secretary (Chair); the Principal Secretary / Secretary

of the Department of Tourism; the Principal Secretary / Secretary of Finance; Finance Commissioner, Department

of Forests and Wildlife Preservation; Principal Secretary / Secretary, Public Works Department; Principal

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Secretary / Secretary, Department of Local Government; Secretary, Department of Rural Development and

Panchayat; Principal Secretary / Secretary, Irrigation; Director, Department of Cultural Affairs, Archives,

Archaeology and Museum; Representative, Archaeological Survey of India; Principal Secretary / Secretary,

Department of Fisheries; Director, Department of Tourism; and Principal Secretary/Secretary, Department of

Housing and Urban Development.

Executing Agencies:

The Department of Tourism (DOT), Government of Punjab is the executing agencies of the Punjab. All necessary

powers to: (i) assume overall responsibility for the execution of the tranche; (ii) engage adequate permanent or

fixed-term staff to implement the tranche; (iii) setup a state-level PMU and project implementation units (PIUs);

(iv) provide overall strategic guidance on technical supervision and project execution; and (v) ensure overall

compliance with the loan covenants, will be delegated to the respective executing agencies. The Project

Implementation flow chart showing the reporting lines and key agencies involved in implementation is shown in

Figure below.

Implementing Agency:

The Punjab Heritage and Tourism Promotion Board (PHTPB) is the implementing agency in Punjab

Project Management Unit:

PHTPB have a PMU, headed by a full-time Program Director (PD), and consisting of personnel drawn from

relevant line departments and market. The PMU is being supported by a team of consultants including

Environmental Safeguard Specialist. The PMU is the nodal agency for overall management of all program

activities and are responsible for: (i) project planning and budgeting; (ii) providing day-to-day assistance,

supervision and guidance for the project implementation units (PIUs) and their consultants; (iii) reviewing

subprojects to satisfy ADB’s due diligence requirements and approving subproject proposals submitted by PIUs

and line departments; (iv) bidding, evaluation and contract award; (v) managing and disbursing funds; (vi)

reviewing compliance with loan covenants, contract specifications, work plans and quality control; (vii)

consolidating and submitting progress reports, finance and accounting/audit reports, and matters requiring higher-

level decision, to the SLEC and ADB.

The State shall ensure that (i) specific divisions in the Project management units is staffed for financial

management; (ii) transparent procedures are established for financial transactions; (iii) the PMUs follow

government rules and procedures for all expense and revenue items including cash and for proper and accurate

maintenance of financial records; and (iv) a project website remains established to provide information on Project

implementation including procurement.

Project Implementation Units:

The implementing agency had already established two PIUs, one for each circuit (Eastern and Western) at

Rupnagar (Ropar) and Amritsar respectively for the implementation and monitoring of subprojects. It comprises

the personnel drawn from relevant line departments and outsourced, and each headed by a project manager and

supported by Community Development Officer (CDO) for effective implementation of the RF and ensures the

safeguard compliance provisions of the investment program. The PIUs are responsible for: (i) prioritizing and

preparing subproject proposals; (ii) providing day-to-day assistance, supervision and guidance to the design and

supervision consultants (DSC); (iii) conducting detailed assessments and surveys including public consultation

and input from stakeholders; (iv) preparing detailed designs, specifications, schedule of quantity, bidding

documents, and related documentation; (v) implementing civil works and related activities; (vi) reporting to

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Project Management Consultant for PHTPB, Punjab Appendix -1

PMU; (vii) preparing regular progress reports for the SLEC, the executing agency and ADB through PMU; (viii)

supervising construction, conducting quality control, approving progress payments to contractors; and (ix)

maintaining records and accounts on an up-to-date basis and making these available to ADB, its missions, or

auditors for inspection.

Asian Development Bank Government of India

Government of Punjab

State Level Empowered

Committee

Department of Tourism

Mission Director - Principal

PUNJAB HERITAGE & TOURISM

PROMOTION BOARD

PROJECT MANAGEMENT UNIT

Design &

Supervision

Consultants,

Amritsar

Project

Implementation

Unit,

Amritsar

Project

Implementation

Cell, State Forest

Department

Project

Implementation

Unit,

Ropar

Design &

Supervision

Consultants,

Ropar

Project Management & Design

Consultants

District Level Committees

Chairperson- Deputy Commissioners

Forest & Wildlife

Public Works

Local Government

Rural Development

Irrigation

Culture, Arts & Museum

Archaeological Survey

Northern Railways

Fisheries

Housing & Urban

LINE AGENCIES

Third Party Quality Audit

Consultants, Benefit Monitoring &

Evaluation Consultants,

External Monitoring & Evaluation

Consultant

EXECUTING AGENCY

POLICY ADVISORY & APPROVALS

IMPLEMENTING AGENCY

Project Management Flow Chart

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Project Management Consultant for PHTPB, Punjab Appendix -2

APPENDIX 2: GRIEVANCE REDRESS MECHANISM

The structure suggested of Grievance Redress Committee (GRC) in RF at PIU is as follows. For all the IDIPT sub

projects, the affected person/aggrieved party can give their grievance verbally to Site Engineer or in written to the

Project Manager of PIU. Grievances of affected person will first be brought to the attention of the Site Engineer

PIU, who can resolve the issue at site level. If the matter is not solved within 7 days period at site, it will be

brought to the Grievance Redress Committee (GRC) constituted for the purpose in PIU. This GRC shall discuss

the issue in its monthly meeting and resolve the issues within one month of time after receiving the grievance. If

the matter is not resolved by GRC at PIU level within stipulated time, it shall be referred to GRC at PMU level by

Project Manager PIU. If the matter is still not addressed, the same may refer to Executive Committee / State Level

Empowered Committee (SLEC). The grievance redress process flow chart is shown in Figure.

In each PIU, there shall be one GRC, which will include mentioned members;

Project Manager (PIU), Chairperson

District Tourist Officer of Department of Tourism, Govt. Of Punjab,

Community Development Officer of PIU,

Nominated representative of Deputy Commissioner and

Nominated representative of Municipal Commissioner.

The committee required to meet at least

once in every month. Agenda of meeting

shall be circulated to all the members and

affected persons/aggrieved party along with

venue, date and time; informed in written at

least 7 days in advance of meeting. The

matters shall remain with GRC at PIU level

for one month and if grievance is not

resolved within this time period, the matter

shall be referred to GRC at PMU.

Grievance Redress Committee (GRC) at

PMU. The matters not resolved by the GRC

at PIU level within one month shall come under GRC at PMU. GRC at PMU will include:

Additional Project Director (APD),

Community Development Specialist, and

Environment Safeguards Specialist of PMU.

The Committee shall be headed by APD of PMU. This committee shall look at the matters, which are referred to

and not resolved by GRC at PIU level.

GRC at PMU shall discuss the issue and try to resolve it and inform the PIU accordingly. If the matter is not

resolved by the GRC at PMU level within one month of time, the aggrieved person/party can bring the matter to

GRC at PIU

Aggrieved

Person/Party

Minor

Grievances

GRC at PMU

Executive Committee / State Level

Empowered Committee

Grievances Addressed

Major

Grievances

PIU/NGO

(Project Manager)

Grievances

Addressed

Grievances Addressed

Grievances not addressed

Grievances not addressed

Grievances not addressed

Grievance Redress Mechanism Flow Chart

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Project Management Consultant for PHTPB, Punjab Appendix -2

The SLEC. The PIU shall keep records of all grievances received including contact details of complainant, date of

receiving the complaint, nature of grievance, agreed corrective actions and the date these were affected and final

outcome.

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NECESSARY INSTRUCTIONS ISSUED FROM ADDITIONAL PROJECT DIRECTOR to PIUs

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Project Management Consultant for PHTPB, Punjab Appendix -2

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Project Management Consultant for PHTPB, Punjab Appendix -2

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Project Management Consultant for PHTPB, Punjab Appendix -2

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Project Management Consultant for PHTPB, Punjab Appendix -2

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Project Management Consultant for PHTPB, Punjab Appendix -2

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Project Management Consultant for PHTPB, Punjab Appendix -3

Involuntary Resettlement Categorization Form

APPENDIX 3: INVOLUNTARY RESETTLEMENT CATEGORISATION FORM

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Indigenous Peoples Categorization Form

APPENDIX 4: INDIGENOUS PEOPLE CATEGORISATION FORM

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Indigenous Peoples Categorization Form