bangladesh second road rehabilitation maintenance...
TRANSCRIPT
EnvironmentalAssessment/AnalysisReports
Report E0044
Bangladesh -
Second Road Rehabilitation& Maintenance ProjectEA Category B
2 of 2Resettlement Action PlanMay 1994
This report has been prepared by the Borrower or its Consultant
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HGOVERNMENT OF THE PEOPLES REPUBUC OF BANGLADESH
ROADS AND HIGHWAYS DEPARTMENTMINISTRY OF COMMUNICATION
SECOND ROAD REHABILITATION AN )MAINTENANCE PROJECT (RRMP-IH)
RESETTLEMENT ACTION PLAN
May 26, 1994
Prpd by:CHRITAN COMMISSION FOR DEVELOPMENT IN BANGLADESH (CCDB)88. Senpara Parbotta, Mirpur 10, Dhako 1216, Bangladesh.
d-O 'CHRISTIN COMMISSION FORDEVELOPMENT IN BANGLADESHSirwt Address
8A. SENPARA PARD3ATTA. MIRPUR- 10. DHiAKA- 1216.Mailing Addres
CABLE: UPLIFT, DIIAKA. PHONE: S01971-3. * FAX: IUOW2) 803556 c.P.o. BOX-367. DHAKA. BANCLADESi.
Ref:SMRA:ph:440J94May 25, 1994
Mr. Mahtabuddin AhmedProject Civil Works DirectorRRMP-l RHDSarak BhavanDhaka
Re - Resettlement Action Plan of RRMP-II
Dear Sir,
This refers to EM of Wodd Bank issued by Dr. Alf Jervc and subsequent endorsement by PCWD of RRMP-H, on May 25, 1994. As suggested by the World &nk we amended our text particulady in the section NOs4.03, 4.04, 4.05, 4.09, 4.11, 5.5.2. 5.5.3., 5.5.5., 6.2.2.
We would appreciate if you kindly treat these amendments as integra I.au of the Resetlement Action Panrevised tll May 26, 1994.
We hope the revisions will serve the requirement of the GOB and WB.
Thanking you in anticipation.
Regards.
* ~~Sincerely you~
Sarker AliTeam teaderlCoordinatorCCDB-RRMT-liDhaka
LC. 1) Engineer MA QuadirResearch OfficerMI/M Communication.
2) Mr. Mohiuzzaman QuaziWorld Bank Mission OfficeDhaka. Bangladesh.
3) DirecorCCDB-Dhaka
LIST OF CONTENTO
CHAPTER 1 : INTRODUCTION 11.1 Preamble 11.2 Project Background 11.3 Goals and Objectives of RAP 31.3 Layout of this Report 3
CHAPTER 2 : RESETTLEMENT POLICIES AND STRATEGIES 112.1 The Basis of Resettlement Policies in RRMP-II a2.2 Types of Losses : Direct and Indirect 222.3 Entitlements and Entitled Persons : 23
Principles, Strategies and Application2.4 Organisational Responcibility for Payment 192.5 Summarised Entitlement Policy Package 29
CHAPTER 3 : SOCIO-ECONOMIC SURVEY 263.1 Objectives of the Survey 263.2 Coverage and Methodology of the Survey 263.3 A Categorisation of the Project Affected Households 263.4 Some Socio-economic Characteristics of the PAPs & PAHs 283.5 PAP Preference on Some Resettlement Issues 303.6 Estimates of Entitled Persons and Households 313.7 Types of PAHs Categories 31
CHAPTER 4 : IMPLEMENTATION SCHEDULE FOR RESETTLEMENT ACTION PLAN 564.01 Approach 564.02 Temporal Parameters of the RAP 564.03 The Main Activities and Their Time Schedule 574.04 Public Information Campaign 584.05 Market Survey and Land Valuation 584.06 Issue of ID Cards and Finalisation of Entitlements 584.07 Disbursement of Cash Compensation 594.08 Legal Possession of Land by RHD 594.09 Identificaiton of Land for Resettlement 594.10 Notification of Eviction 594.11 Resettlement of Persons Provided with Land 604.12 Possession of Land by Contractor 604.13 Monitoring of the Impact of Resettlement 60
CHAPTER 5 : ORGANISATIONAL FRAMEWORK 615.1 Basis and Approach 615.2 Broad Division of Work 615.3 Linkage Between Civil Works and Resettlement 615.4 Linkages Within the Resettlement Framework 625.5 Composition and Terms of Refe:-ence for Major 62
Components
CHAPTER 6 : RESETTLEMENT BUDGET 696.1 Basis of Compensation Budget 696.2 Determination of Compensation for Land 696.3 Compensation for the Loss of Other Assets 706.4 Compensation for Indirect Losses 706.5 Budget for RAP 70
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LIST OF TABLES
Table 1.0 : Land Acquisition Status under RRMP-II Areds 2
Table 3.1A : Composition of PAHs in 5 Project Sites 32
Table 3.1B : Proportion of Female Headed Households 32by Socio-economic Categories at 5 ProjectsSites
Table 3.2A : Percentage Distribution of PAPs According to 33Age and Sex by PAH Categories
Table 3.2B : Percentage Distribution of PAPs According to 34Age and Sex by Areas
Table 3.3A : Percentage Distribution of PAPs According to 35Marital Status by PAH Categories
Table 3.3B : Percentage Distribution of PAPs According to 36Marital Status by Areas
Table 3.4A : Primary Occupatn of HH Heads by PAH Categories 37
Table 3.4B : Primary occupation of HH Heads by Areas 38
Table 3.5A : Primary Occupation of PAPs Above 10 Years 39of Age by PAH Categories
Table 3.5B : Primary Occupation of PAPs Above 10 Years 40of Age by Areas
Table 3.6A : Distribution of HH Heads Educational Status 41by PAH Categories
Tabl.e 3.6B : Distribution of HH Heads Educational Status 42by Areas
Table 3;7A : Distribution of PAPs Educational 43Status by PAH Categories
Table 3.7B : Distribution of PAPs Educational 44Status by Areas
Table 3.8A : Distribution of Yearly Household Income 45by PAH Categories
Table 3.8B : Distribution of Yearly Household Income 46by Areas
Table 3.9A : Whether Timely Adequate Compensation 46Is Enough by PAH Categories
ii
Table 3.9B : Whether Timely Adequate Compensation 47Is Enough by Areas
Table 3.10A : Type of Assistance Wanted by Household Heads 47by PAR Categories
Table 3.1DB : Type of Assistance Wanted by Household Heads 48by 'Areas
Table 3.11A : Where PAPs Wanted to be Relocated 49by PAH Categories
Table 3.11B : Where PAPs Wanted to be Relocated 49by Areas
Table 3.12A : Number of Entitled Persons/Households 50by PAH Categories
Table 3.12B : Number of Entitled Persons/Households 52by Areas
Table 3.13 : Types of Losses Incurred by PAH Categories 54and Institutions
Table 6.1 : Area-wise Resettlement Budget for RRMP-II 73
MAPs 5-10
Diagram 1 : Second Road Rehabilitation & Maintenance 71Project : Project Implementation Schedule
Diagram 2 : Implementation Schedule for RAP 72
Diagram 3 : Orgnisational Linkage Between Civil Works 73and Resettlement
Diagram 4 : Organisation Framework for Resettlement 74
Annex 1 The Acquisition and Requisition of -Immovable 75Property ordinance, 1982
Annex 2 The World Bank Operational Directive on 97Involuntary Resettlement (OD 4.30)
Annex 3 List of Institutions Affected by the Project 105
Annex 4 : Compensation Rates Adopted for Various Losses 108
Annex 5 : Implementation Budget 110
iii
ABBREVIATIONS
RRMP-Il Second Road Rehabilitation and Maintenance Project
CCDB Christian Commission for Development in Bangladesh
MARC Multidisciplinary Action Research Centre
PAP Persons Affected by Project
PAH Project Affected Households
NGO Non-Governmental Organisation
GoB Government of Bangladesh
FAP Flood Action Plan
OD 4.30 Organisational Directives 4.30
RRAP Revised Resettlement Action Plan
JMBP Jamuna Multipurpose Bridge Project
CCL Cash Compensation under the Law
UNCHS United Nations Centre for Human Settlement
ELF Revolving Loan Fund
RB Requiring Body
RHD Roads & Highways Department
LAO Land Acquisition Office
LVC Land Valuation Committee
RU Resettlement Unit
JVT Joint Verification Team
TAT Technical Assistance Team
DC Deputy Commissioner
CRO Chief Resettlement Officer
MIS Management Information System
BRAC Bangladesh Rural Advancement Committee
RAP Resettlement Action Plan
ID Identity
iv
CHAPTER 1
INTRODUCTION
1.1 Preamble
This report presents a Resettlement Action Plan (RAP) forthe Second Road Rehabilitation and Maintenance Project(RRMP-II) under the Ministry of Communication (MoC),Government of Bangladesh, in which an estimated 121 ha ofland will be acquired and around 8700 persons displaced.
The report has been based on various pertinent documents,including the Project Concept Paper and Project AppraisalReport. Discussion with the MoC, RHD and the World Bank andat an inter-ministerial meeting has been extremely usefulin improving the document.
Most importantly, the report draws upon a socio-economicsurvey conducted by The Christian Commission forDevelopment in Bangladesh (CCDB) during December 1993 andJanuary 1994. Multidisciplinary Action Research Centre(MARC) has provided full technical assistance in thepreparation of this Report.
1.2 Project Background
The Government of the People's Republic of Bangladesh (GoB)undertook RRMP-II with financial assistance from the WorldBank in the north western region of Bangladesh at anestimated cost of US$ 220 million. The project aims toimprove the existing highways and roads through rehabili-tation and maintenance activities and the construction ofnecessary by-passes/additions to avoid congestions nearmajor urban centres and erosion from the Padma river.
The tentative lengths and descriptions of the proposed by-passes and new additions are as follows :
i) Rajshahi-Nawabganj Alternate Route (12 km): Thisstretch of road will pass through thinly populatedagricultural land;
ii) Natore By-pass (6.0 km): Four km will be built on anexisting embankment while the remaining two km willrequire acquisition of land;
iii) saidpur Town By-pass (5.0 km) : Four km is through asemi-urban area and one km is through agriculturalland;
iv) Ghagot River Realigned Route (0.8 km): Realignment atthe bridge across Ghagot river will require acquisi-tion of land along a strip 0.8 km long; and
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v) Dasuria intersection (0.5 km) : The intersectionwill pass through thinly. populated agricultural landand would require acquisition along a 0.5 km strip.
The alignment of the proposed roads and by-passesnecessitates the acquisition of land in Eive geographicallocations. The total quantity of land was earlier estimatedaround 120 hectares (RHD/detailed designs), but it wasstated to be much higher in the most recent socio-economicsurvey conducted by CCDB. It is very likely that there hasbeen a substantial over-estimation of land in the socio-economic survey, particularly in Saidpur where considerableconfusion existed among the affected persons as they hadstill not been served with Section 3 notice. The revisedestimate of the amount of land to be acquired is 121 ha,subject to confirmation after the joint verificationexercise.
It is estimated that the acquisition of land will directlyand indirectly displace a considerable number of persons,around 8700, who will be worse off as a result of losses ofassets such as land, houses and trees, and/or throughdisruptions of their economic activities.
Table 1.0 : Land Acquisition Status under RRMP-II Areas
SL Name of the Status of Land Acquisition*
No. Area LA Notice Notice JointProposal under under verifi--
I ______________ to DC section 3 section 6 cation
1. Rajshahi- submitted served not startedChapai served &Nawabganj stoppedAlternateRoute
2. Natore Town submitted served not startedBy-pass served &
stopped
3. Dasuria submitted in not startedBy-pass process served &
stopped
4. Ghagot River submitted served not startedRealignment served &
I _ _ _ __ _ _ __.'__ __ _ _ _ stopped
5. Saidpur not not not notNorthern submitted served served startedBy-pass__ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _
* as of March 1993.
2
The maps of the 5 project sites are attached to thisChapter. The following table (Table 1.0) gives the statusof land acquisition at the 5 project sites, at the time ofconcluding the socio-economic survey.
.1.3 Goals and Objectives of RAP
The Resettlement Action Plan for RRMP-II has two maingoals, namely,
1. Ensure a fair compensation for all persons who aredirectly or indirectly affected by land acquisitionfor the project, and
2. Evolve a modus operandi to implement resettlementactivities in an effective and efficient manner.
In achieving the above goals, the Resettlement Action Planhas the following specific objectives :
a. Develop a Policy Framework by clearly defining variouscategories of project affected persons (PAPs) andspecifying their entitlements to compensation asadmissible under the law and projectconditionalities;
b. Assess the socio-economic status of the PAPs prior toland acquisition, which should serve as a benchmarkfor future reference, and find out about the PAPs' ownviews on various resettlement issues;
c. Determine the quantities of compensation in cash andkind that is payable to each PAP under the adoptedpolicy framework; and
d. Formulate an implementation strategy andorganisational structure to carry out the resettlementof PAPs.
1.4 Layout of this Report
Chapter 1 introduces the Report on the Resettlement ActionPlan (RAP).
Chapter 2 presents the Policy Framework on Entitlement toCompensation to be used by the RAP for RRMP-II,as approved by the Government of Bangladesh.
Chapter 3 presents the findings of a socio-economic surveyconducted by CCDB during December 1993 andJanuary 1994 at the 5 project sites, covering allthe households affected.
Chaptei-4 discusses in detail the activities envisagedunder tne RAP and a timeframe for implementation.
3
Chapter 5 presents the Organisational Framework for theRAP, indicating the linkages between the variousbodies at HQ and field levels along withindicative ToR of the key personnel, committeesand agencies.
Chapter 6 presents the Resettlement Action Plan Budgetbased on an application of the entitlement policyon the losses incurred by the project affectedpersons and the cost of the organisationalframework for RAP.
The Acquisition and Requisition of Immovable Property Ordinance,1982 is at Annex-i and the World Bank Operational Directive onInvoluntary Resettlement (OD 4.30) is at Annex-2 for easyreference.
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CHAPTER 2
COHPENSATION AND RESETTLEMENT POLICIES
2.1 The Basis of Resettlement Policies in RRMP-II
Acquisition of land for RRMP-II will be under the legalframework of the 1982 Ordinance (see Annex 1). Resettlementof the displaced persons involving payment of compensation,physical relocation (where needed), and economicrehabilitation will be guided both by the provisions ofthis Ordinance and Operational Directive 4.30 of the WorlBank.
The 1982 Ordinance has a number of weaknesses which giverise to several well known problems. The most serious amongthem is the determination of cash compensation for land onthe basis of registered land prices, which are in generalsubstantially undervalued in order to avoid stamp duties onland transfer. Inspite of the recent (1993) amendmentraising the additional premium from 20 to 50 percent, thecompensation is unlikely to ensure equivalence with theprevailing market price. There are also no provisions forthe resettlement of squatters. The deficiencies in theexisting legal framework for land acquisition have beenpointed out and remedial measur-es suggested. by severalstudies, including the recently concluded FAP-15.
Furthermore, the World Bank has a set of guidelinesspecified under its Operational Directive 4.30 (See Annex2) compliance with which is binding for all Bank fundedprojects involving land acquisition. The fundamentalprinciple underpinning OD 4.30 is that the PAPs should notbe worse off as a result of land acquisition and adequateefforts must be built into the project to ensure this.
All these pressures for a more humane approach to dealingwith persons displaced involuntarily by an infrastructureproject involving land acquisition has created a conditionin Bangladesh which is congenial for the modification ofthe existing legal framework. This is evident from the1993. Amendment to 1982 Ordinance and the incorporation ofmany new elements in the Revised Resettlement Action Planfor the Jamuna Multipurpose Bridge Project. TheResettlement Action Plan, while staying within the broadlimits of law, purports to take advantage of this mood ofcreative rethinking and take a few more steps towardsmaking resettlement as fair as possible from every angle.
The development of this policy package has benefitted fromseveral interactions with the main interest groups : thePAPs, RHD and the World Bank. In particular, theinter-ministerial meeting of January 25, 1994, chaired bythe Secretary, Ministry of Communications, GOB, whichapproved the proposed policy package after a thorough andcritical review, was very useful. Various modificationssuggested in this meeting have been incorporated in thepolicy package used for this action plan.
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Lastly, the compensation and resettlement policies adoptedhereunder have also benefitted from a socio-economic survey(see Chapter 3) of all PAHs at the 5 project sitesinvolving land acquisition. Since the two exercises werecarried out simultaneously, it was not possible to base thepolicy package on a quantitative analysis of the surveydata, but there was enough feedback from the field toinform the policy formulation process on types of losses
* and people's expectation on compensation.
2.2 Types of Losses : Direct and Indirect
Land Acquisition results in two broad types of losses :direct and indirect. The direct losses stem from the lossof land (a valued asset by itself in overcrowded andpredominantly agrarian Bangladesh) and anything else of apermanent or semi-permanent nature that stand on acquiredland, such as a house, a shop or a tree. Indirect lossesresult from a dislocation or economic disruption causedeither through the loss of possession or access to an assetor in one's residential status which leads to higher costor a lower income. For example, a sharecropper of longstanding will suddenly find that he has no opportunity forsharecropping after his landlord had lost the land he usedto lease. Likewise, a live-in wage labourer in a farm housewhich has been acquired, will find himself without a jobafter the farmer moves away.
The major categories of losses along with distinct sub-categories are listed below.
A. Direct Losses
1. Land : homestead: agricultural
- crops- orchards & bamboo groves- ponds/ditches (cultured or uncultured)- fallow/grazingothers (eg commercial)
2. Structure : houses- bedrooms- sitting rooms- bed-sitter- bed-store- store- cowshed- kitchen- toiletshopsindustrial units (factories, ricemilling yards)
3.-Trees : fruit trees- large- medium- smalltimber & wood trees
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- large- medium- small
D. Indirect Losses
1. Use right over homestead/shop land :- for squatters (unauthorised)
* - for sons/relatives (authorised)
2. Access to farming land :* - for share croppers
- for leaseholders
3. Possession of mortgaged property :- land collateral- house collateral- tree collateral
4. Business : - trading- processing/industries
5. Employment: - wage earners (eg farm house acquired)- salaried jobs (eg factory acquired)
2.3 Entitlements-and Entitled Persons : Principles, Strategiesand Application
2.3.1 Some General Principles :
It has already been noted that the loss of a productiveasset, such as land, houses or trees, implies two types oflosses : a loss of wealth, and a loss of income (futurestream). A resettlement policy consistent with OD 4.30should provide for compensation on both counts.
The compensation for losing ownership should ideally befixed at the market price of the asset at the time ofpaying compensation, so that the affected person canreplace his lost asset with something comparable from themarket, with or without the assistance of the authorities.Likewise, compensation for losing potential income from theasset should be fixed at the total loss of income over aperiod of time, reasonably assumed to be required toovercome the dislocations caused by land acquisition. Sucha period will differ from asset to asset and will generallyvary between six months to a year (or more in some specialcases).
When ownership and possession of property vest in the sameperson, he/she will be entitled to both types ofcompensation. However, when these are separated, as in caseof share-cropped land or a rented shop, the compensationfor possession/use right has to be shared according to theconditions underlying such possession/use arrangements.
In order to avoid manipulations in the assessment andpayment of compensation, it is necessary to follow a firmcut-off date to ascertain entitlement of the right people.
13
For the purpose of this resettlement plan the cut-off datefor the identification of entitled persons in respect ofdirect losse1 will be the date of serving section 3 notice,while for indirect losses it will be the date of the socio-economic survey conducted by CCDB subject to laterconfirmation.
2.3.2 Compensation strategies
Most of the identifiable losses, except the squatters'claim to some land where they can move their houses orshops, have been recognised in law and provisions made fortheir compensation. However, problems occur in theprescribed methodology for determining compensation. Forexample, the 1982 Ordinance specifies the 'market value' ofa property as its compensation. However, it mentions thedate of serving section 3 notice as the reference periodfor prices and describes a methodology in terms of 'takinginto account the average value, to be calculated in theprescribed manner, of the properties of similar descriptionand with similar advantages in the vicinity during thetwelve months preceding the date of publigation of noticeunder section 3' (see page 55, Annex-1).
The strategy that has been followed in the RAP is toharmonise between the legal framework and OD 4.30 bypreparing entitlements that are in principle covered bylaw, and reformulate a methodology to reflect the trueintent of the law, and pay the difference between the oldand the new interpretations in the form of some benefitfrom the project. In fact, a similar procedure has beenfollowed in the Jamuna project which was acceptable to GoBand the World Bank.
It is interesting to note that the 1982 Ordinance does notstipulate compensation to be payable to 'owners' ofproperty, but to persons 'interested', which could verylogically be interpreted to include persons in possession.Furthermore, the law also provides for compensation onaccount of 'consequences resulting from change of residenceor of place of business', and for 'damages resulting fromdiminution of the profits of the property' between thedates of first notification and eventual evacuation. Thoseprovisions could be stretched to cover various cases ofindirect losses including loss of income by sharecroppers,resident wage labourers and businessmen.
Entitlement and entitled persons are discussed below inrespect cf various direct and indirect losses.
2.3.3 Loss of Ownership and Possession of Land
a. Entitlement for Ownership :
The legal owners of land to be acquired at the time ofserving section 3 notice are the entitled person for theloss of ownership, while those in possession of the land atthat time will be entitled to compensation for the loss ofpossession (ie use right).
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The entitlement for ownership should be the replacementvalue of land at the time of paying compensation, asascertained by a Land Valuation Advisory Team (LVAT), whichis defined in Chapter 5 in respect of its composition andTerm of Reference. The Team will take note of the qualityand quantity of land and make use of different methods andsources in arriving at as accurate a price of land aspossible along with estimates of price inflation. LVAT'sreport will form the basis for the final determination ofcompensation by the Deputy Commissioner (PC). Stamp dutywould be exempted if a purchase of land (or waterbody) isreported within six months of the receipt of compensation.The exemption would be for upto the amount of land one canbuy using the compensation money.
A question has often been raised about the option of 'landfor land'. It would generally not be necessary in case ofRRMP-II which involves strip acquisition and does notappear to present problems of land availability. In thecase of squatters when Khas land is available, land forland will be applicable. In all other cases, including thesquatters when Khas land is not available, the cashcompensation will take care of the need for replacementland (CCDB will be available to facilitate this process,particularly in case of 'poor' and 'handicapped'households).
In order to have an accurate estimate of land price it isnecessary to categorise land in a sharper manner than hasbeen done in the past in acquisition schedules. In thisregard it is recommended that agricultural land becategorised by cropping intensity and waterbodies by theirpiscicultural status. band categories should also includefallow and orchards/woodlots.
b. Entitlement for Possession (covering sharecroppers,mortgagors etc)
The compensation for losing the possession of land, ownedor otherwise, should depend on the type and quality ofland which determine its potential for income generation.Compensation should match the lost income over a period ofdisruption following acquisition. In case of agriculturalland it should be approximately the value of one rice cropfor 1-crop land, one and half rice crops for 2-crop land,and 2 rice crops for 3-crop land. These prices areestimated at takas 150, 200 and 250 per decimal for single,double and triple crqpped lands respectively for RRMP-II.This component of compensation for land will be treated asa project cost, although it could be covered under law bymaking a more flexible interpretation of section 8 of the1982 qrdinance.
The same principle will be followed in case of other typesof land such as ponds, orchards, etc. In case ofunproductive land such as fallow land or dereiict ponds, aminimal return will be computed based on local conditions.In case of sharecropping, the income compensation should be
15
shared between the parties along the line of sharecroppingarrangements. If someone has leased in farm land he wouldbe entitled to the entire amount of income losscompensation, provided he has cleared his annual leasingfees. Mortgagors would, on the other hand, be entitled toa return of their loan balance out of the cash compensationfor iand in addition to the compensation for losingpossession.
Persons in possession of homestead land should not receiveany possession benefit, since they will receive a similarbenefit for the structure/s.
Implementation Difficulties
Implementation difficulties will arise in ascertaining thetrue owner of properties and their accurate market value.The former results primarily from an antiquated andinefficient method of land record.system. The problem canbe redressed by a rapid updating of records with the fullcooperation of DC's office and that of the Directorate ofLand Records and Surveys (DLR). Problems also arise in caseof multiple and/or absentee owners.
2.3.4 Loss of ownership and Occupation of Structures
The legal owners of structures to be acquired on theiroccupants at the time of serving section 3 notice areentitled to compensation.
Owners of structures, ie houses, shops, factories etc, areto be compensated in a manner similar to land, ie paymentof replacement value at the time of acquisition.Fortunately, law does not stipulate such prices to beobtained from some obviously underquoted official recordsas in case of land, so that a reasonable price can be fixedthrough the joint verification exercise based on procedurescurrently followed by the Department of Public Works.However, structures differ from land in two important ways:(1) they can sometimes be moved; and (2) they can be builton land which is not owned.
The movability of some structures leads to an alternativeoption of compensation in the form of transportation costfor moving the structure plus reasonable cost of repair onaccount of damages incurred in dismantling, transport andre-installation.
Law also provides for 'reasonable expenses' on account ofchange of residence. To quantify of such a reasonableexpense one could identify be the rental cost of acomparable house for the period when the acquired house iseither. being translocated or a new one being built or hiredin the new place of residence. It is similar to hotelexpenses paid to a government functionary on transfer.Furthermore, the estimate of compensation could be based on
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a period of 3 months in case of a residential structure, 6months for a shop and a factory.
In order to simplify matters a household involved in theloss of a structure may be paid a lumpsum compensation upfront to defray all transfer related expenses. For RRMP-IIthe recommended compensation is Tk. 300 per household membersubject to a minimum of Tk.l,000 and a maximum of Tk.3.000.
Squatters and Uthulis
Structures on land which is not owned by the owner of thestructure, give rise to the case of squatters, Uthulis andgrown up children in separate households who have not yetinherited homestead land. This latter category (childrenwith houses on father's land) and relatives/friends havinga structure with permission, is somewhat different from thesquatters to the extent that they may continue to enjoy thesame privilege in their father's or relative's newhomestead. The squatters by contrast are viewed in law asunauthorised settlers and hence evictable withoutcompensation. It is however not possible to take such astrong position against them, and in fact a formula has tobe found to maintain their standard of living after theacquisition in order to comply with 00 4.30 of the WorldBank.
It has been decided that the squatters and Uthulis be givena costs/grant equivalent value to a 2.5 decimal plot ofhomestead land in case the DC or RHD fails to provide themwith alternative Khas land. As suggested earlier any stampduties in purchase are to be exempted.
Indirect losses from a transfer of residence/business arecovered under loss of income.
2.3.5 Loss of Ownership and Enjoyment of Trees
The entitled persons are those who own and/or enjoy the'fruits' of the trees. Since trees are almost universallyon ground owned or possessed, the entitled person inrespect of trees will invariably be entitled tocompensation for land.
Trees should, however, be separately counted and valued,whether they exist in orchards, homestead land oragricultural fields. Caution needs to be exercised inputting value on land so that trees are not double counted.
The usual entitlement is the market value of trees asdetermined during the joint verification survey where aforestry expert is supposed to determine the price. Thereis considerable variation in prices between the regions andspecies as well as between one tree and another. In factvariation in tree prices would be higher than in land
17
prices. The market survey on trees therefore need to beconducted with competent people, preferably involving aforestry expert or a horticulturist.
Tree loss also leads to a loss of income particularly incase of fruit trees. Therefore, an assessment is needed ofannual income from a tree, keeping in mind that suchincomes are derived from fruits, dead or pruned branchesand leaves (green and/or dead). In order to makecomputations easy a fixed percentage of value may beassumed to be the annual income derived from a tree.
In addition tp the compensation for the trees and theirfruits, the entitled persons will be allowed to cut thetrees and take away all salvageable materials leaving thesite empty and ready for the construction contractor tomove in.
2.3.6 Loss of Income Without Direct Loss of Asset
The types of income losses that stem from the loss ofownership and/or possession of an income generating asset,have already been covered under land, structures and trees.The entitlement was confined to loss over a fixed period,not exceeding one year, during which the productive aesetwas presumed to be replaced. There are however incomelosses that occur from dislocation in terms of access toemployment sources/sites caused by land acquisition, eventhough the affected persons do not lose any productiveasset.
There is a provision in the 1982 Ordinance that-can beinterpreted to cover income losses from acquisitionaffecting 'persons interested' [section 8 (d) of 1982Ordinance]. Of all the income categories that could qualifyfor compensation, the ones that deserve the highestconsideration are those of wage labourers and businessmen.Wage labourers living in farm households will suddenly findno place to go and no employer to work for. Likewise, abusiness in trade or processing may take a loss of incomefor months on end if the business has to be suddenlytransferred to a new place.
There are two things that need to be recognised and actedupon in developing a compensation package on income losses.First, the project for which land is being acquired isexpected to generate new employment and incomeopportunities. If it is not so, then the project should nothave been undertaken in the first place. Second, there willbe need fgr a re-training of the PAPs, so that they cantake on new jobs.
Principally, the most accurate approach would be to giveincome loss compensation ex-post on the basis of an actualassessment of losses while keeping provisions for jobretraining when needed. For this accurate income data has
18
to be collected as benchmark for PAPs falling into thesecategories. Later they have to be monitored after landacquisition, both to assess changes in income and also toidentify training needs.
Accurate income data, however, are difficult to establishand an estimation of the magnitude of income loss from landacquisition is likely to be a complex matter. In view ofthese reasons, it has been decided that for agriculturallabourers and factory workers a compensation for wagelosses be paid up front as 120 days' wages at the rate ofTk.80 for skilled workers and Tk.30 unskilled workers. Theymay also be given preferential access to construction workwithin the project.
Compensation for loss of business will be determined by theJoint Verification Team.
2.4 Organisational Responsibility for Payment
The DC shall be responsible for effecting payment ofcompensation for land, structures and trees. All otherpayments to entitled persons following from theCompensation and Resettlement policy will be effected byscDB.
2.S Summarised Entitlement Policy Package
The Entitlement Policy packages for different categories oflosses from acquisition are summarised below in the form of3 boxed matrices for easy reference.
It needs to be emphasised that there are many differentways of categorising losses suffered by persons on accountof land acquisition.
one such categorisation was presented earlier under section2.2 where losses were first divided into direct (physicalasset) and indirect (derived, primarily showing up in aloss of income) types. Under section 2.3 above the losseswere analysed Under each of :;he broad items of physicalassets; (land, structures and trees) covering both director indirect losses (re sub-section 2.3.3 to 2.2.5), andseparately as losses of.income occuring without any directloss of asset.
For the entitlement policy package it seemed logical tomake some further modifications and present them under thefollowing eight categories within 4 broad groups of losses.
A. Loss of stock of, and flow from, owned land which isapquired
i. Agricultural land including ponds, trees/orchardsand income losses till these assets a-re replaced.
19
ii. Homestead land including structures/shops anddislocation costs till these are replaced orrelocated.
B. Loss of asset on land not owned but acquired
iii. Structures on unauthorised (eg govt Khas land) orother people's (eg father, relative) land.
C. Loss of employment income from loss of access to otherpeople's assets : agricultural land, shops, factorieswhich are acquired
iv. Agricultural land for sharecropping/leasing.
V. Agricrltural land for mortgaging.
vi. Rented house or commercial structure.
vii. Employment/income sites (eg farm house,factories).
D. Loss of income from disruption in profession resultingfrom loqses noted above
viii. Business or industry (from owned or rentedpremises).
Apart from these eight categories of losses which relate toland acquisition directly, there are disruptions and lossescaused by the project itself. For example, it was seen inthe socio-economic survey that a large community offishermen at Saidpur were going to be affected by thenorthern bypass which would go through a Bil which wastheir fishing ground. Compensation for the land in the Bilshould take account of its productive value for fishing.The environmental impact on the Bil itself will be lookedinto, before finalising the alignment/design, to minimisethe effects in terms of permanent loss of fishing grounds.
20
Compensation and Resettlement Policy
Box - 1Types of Entitled Entitlement Implementation Organizationsloss Person Issues/guidelines Responsible
Agricultutal Legal owner of i. Replacement value of a. Assessment of quality a. DC + Jolntland, land, land, waterbodLes C & quantity of land, VerificationLncluding waterbodies a trees according to waterbodles & trees by Teamwaterbod les, trees/orchards quality and quantity/ joint verificatLontrees/ at the time of size at the time of Teamorchards, serving joint verificationetc SectLon 3 b. DeterminatLon of b. DC + Land
notice lL. Stamp duty would be replacement value/ Valuatlonaccording to exempted if purchase market value of land Advisorytitle deed of land/waterbody Ls TeamverifLed by DC reported wLthin 6 C. Title updatingoffIce. months of receipt of C. LAO, Revenue
compens-tion. The d. Payment of office Sexemptlon would be compensation of land Sub-for up to the amount and trees wlIl be made RegLstrar'sof land one can buy by DC on the basli of ofMiceusing the information providedcompensation money. by Joint Verification d. DC
Team.LiL. Crop Compensation
for; e. PAPs to be fully e. CCDB + DCInformed about
SLngle crop Tk. entitlement (Le f. CCD8150/dec information brochure)Double crop Tk. and assisted In200/dec obtaining it.Triple crop Tk.250/dec. f. Payment of stamp duty
and crop compensationwill be made by CCDS,based on data providedby Joint verificatLonTeam.
21
Box - .
Type of Entitled Entitlement Implementation organizationslos pe5rson_ IssueslguLdelines Responsible
Home- Legal Owner L. Replacement value of a. Assessment of quality a. DC + Jointstead of land, homestead land & quantity of Verification Team.Land wlth structure and homestead land, byhouse or tree. at the lL. Stamp duty would be joint verificationother time of exempted xf purchase of Teamstructuce. serving land is reported within b. Land Valuation
Section 3 6 months ot receipt of b. Determination of Advisory Teamnotlce compensation. The replacement
exemption will be for value/market value ofup to the amount of landland one can buy using c. LAO, Revenuethe compensation money. c. Tltle updating office Q Sub-
Registrar's officeii. Compensation for d. Payment of
structure, trees and compensation for land,fruits determined by structures and trees d. DCJVT. In additlon, the will be made by DC onEP will be allowed to the basis ofcut the trees and take lnformation providedall the salvageable by Joint Verificationmaterlals free of cost Team.without delaying the e. CCrB + RHDproject work e. PAPs to be fully
Lnformed about thelrlv. Transfer allowance to entitlement and
each HH depending on assisted in obtainingthe family size. lt.
f. CCD*v. Transfer allowance for f. transfer allowance
the commercial Up front payment ofstructures would be Tk. 1000-3000 perfixed by JVT on the family depending onbasis of type of size, on the basis ofstructure and area. Tk. 300 per member not
exceeding the limit.. Cc08
g. Payment of stamp dutywill be made by CCDP.
Box - 3Type of Loss Entitled Entitlement Implementation Organizations
Person Issues/auidelines Responsible
Structures on Head of the I. Compensation for a. Value of the structure a. CCDB
unauthorized household in structure determined determined by JVT.or other's these by JVT. Payment ofland structures compensation by CCDB.(squatters & ii. Grant of a homestead b. DC
UthulLs) plot of 2.5 decimal b. Land to be provided byon Khas land or in a DC. C. CCDB.cluster village.
c. CCD8 will help toiii. If not available; a purchase the land and d. CCDB
cash grant equivalent assist in relocation.to the value of 2.5decimals of homestead d. Transfer allowance and e. CCDBland in the area. cash grant to be paid
by CCDBiii. Transfer allowances
Up front payment of e. CCDB survey will beTk.l000-3000 Ter considered as the cut-famLly depending on off date.the SLae, on thebasis of Tk.300 permember within the
__________________ _________limit.
Box- 4
Type of Entitled Person Entitlement Implementation Organizations
Loss Issues/guidelines Responsible
Agricultur l. Sharecrop i. Crop compensation a. Cropping pattern and a. Jolnt
at land per or for; amount of land, Verification
for leasehold based on joint Team + CCDBsharecropp er at the Single crop land verificat ion. Paymenting or time of Tk.150.dec to be made by CCDB. b. CCDB +leasing in survey on Double crop land Grievance
land Tk.200/dec b. Determination of Redressal
acquired. Triple crop land share of crop based ComitteeTk.250/dec on CCDB survey. (CRC)
iI. Must be shared c. Information on lease C. CCDB + GRtbetween the owner contracts to be basedand the share on CCDB survey.cropper accordLngto their agreement. d. CCDB survey is cut-
off date.iii. In case of leasing-
in repayment of theremaining part ofthe contractedmoney to the leaseebe ensured by CCDB.
23
Box 5
Type of Entitled Person Entitlement Implementation Organizations
Loss Issues/guidelines Respwonsible
Agricultur Mortgagor of L. Repayment of balance of a. Determinaticr. of a. CCDB + GRC
alland acquired land mortgaged money from mortgage status
mortgaged- owner of landin b. Cropping pattern b. CCDB
ii. Crop compensation to and amount ofmortgagor for; land based on
JointSingle crop land Verification.Tk.150.dec Payment to beDouble crop land made by CCOS.Tk.200/decTriple crop land C. CCDB survey isTk.250/dec cut-off date.
Box - 6
Type of Lose Entitled Person Entitlement rmplementation Issues/guldelines organizationsResponsib
Employmentlin Persons whose regular i. Compensatlon for a. IdentificatLon of the EP a. CCDB
come place of work has been the wages for 120 and his employer on the
acquired ea workers in days e Tk.30 per basis of CCDB survey.an acquired factory, day for unskilled b. CCDB
long term agricultural and 80 for b. Payment of compensation bylabourers in a farmer's skilled workers. CCDB. C. RHDhouse which is acquiredor a fisherman who has ii. Preferential c. Negotiate agreements with
lost his fishing access to contractors.grounds. construction work
within the d. CCDB survey is cut-offproject. date.
24
Box- 7
Type of Loss Entitled Person Entitlement implementation organizationsIssuest/uidelines Responsible
Rented house Rent payer of i. Rent for 3 months in a. Rent should be a. JVT
or commercial house or case of house, 6 determined by JVT
structure, commercial months in case of b. CCDBstructure commercial structure b. Payment to be effected
and factory. by CCD8
C. CCOB survey is cut-offdate
Box - 8
Type of Loss Entitled Person Entitlement Implementation Organizations__________________________ _______________________ issues/auidelines Responsible
0usiness or industry Proprietor of business i. Displacement a. Assessment of a. JVT
from owned or rented or industry which is benefit loss.premises acquired determined by b. CCDB
JT b. Pafyent to bee f ected byCCDB.
C. CCDB survey iscut-off date.
CHAPTER 3
SOCIO-ECONOKIC SURVEY
3.1 Objectives of the Survey
The socio-economic survey had three main objectives
- Provide a profile of the PAPs so that all personnelinvolved in the implementation of the RAP arefamiliarised with who they are dealing with, thusenabling them to formulate an area and socialcategory-specific implementation strategy; and
- Identify the PAPs and their entitlement tocompensation in a comprehensive manner, thus providingthe basis for an updated estimate of the compensationbudget;
- Provide benchmark information for evaluating the RAPin future.
Although there was a survey carried out by SARM about ayear earlier, a fresh survey was considered necessarymainly because the earlier survey did not cover all personsaffected by land acquisition.
3.2 Coverage and Methodology of the Survey
The socio-economic survey covered all households andinstitutions affected by RRMP-II at the five project sites.A team of 30 field investigators, 2 field supervisors and3 Area Managers conducted the -survey on the basis of aquestionnaire specially developed for the purpose. Thefield staff were trained at CCDB Dhaka over a 3-day periodunder the guidance of the full RAP planning team. Fieldworkwas initiated in early December 1993 and concluded at fourof the five sites by mid January 1994. At the fifth site(Saidpur) initial work on the Southern by-pass wasabandoned when the authorities decided to change the planin favour of a northern by-pass in order to avoid landacquisition difficulties. Field survey at this site wasinitiated in the 3rd week of January 1994 and concluded byearly February 1994.
Data were computerised, edited and tabulated using bothSPSS and Cobol.
3.3 A Categorisation of the Project Affected Households (PAHs)
The survey identified 1365 households with 8744 persons(4585 males and 4159 females) as affected by the project atthe five sites. There were in addition 17 institutionswhich were affected (see list at Annex-3). For the purposesof this report the affected households were divided into 6broad analytical categories which are mutually exclusive.These are
26
Direct Lovers (physical assets lost)
1. Only Agricultural Land Losers
all asset losing households which lost onlyagricultural land (including orchards, ponds, fallow,etc) but no homestead land;
2. Only Homestead Land Losers
all asset losing households which lost homestead landonly (along with structures & trees), but noagricultural land;
3. Homestead + Agricultural Land Losers
all asset losing households which lost both homesteadand agricultural land;
4. Squatters
asset losing households which lost a structure (ahouse, shop, cowshed, etc) but no land; this categoryincludes sons who live in father's land in separatehouseholds;
Indirect Losers (no physical assets lost)
5. Sharecroppers (etc)
all non-asset losing households which lost access toor possession of (other people's) agricultural land ona sharecropping, leasing or mortgaging basis; thesehouseholds may also have other persons who wereindirectly affected, such as wage labourers or factoryworkers.
6. Wage Labourers (and Other Income Losers).
all households which did not lose any asset or accessto agricultural land, but were affected by loss ofincome from economic disruptions caused by theacquisition of their employment sites, such as a farmhouse, a shop or a factory.
It needs to be pointed out that these categories arehousehold categories and not loss or entitlement (tocompensation) categories. Keeping in view the mainobjectives of the report, the categorisation has naturallybeen based on types of losses, but it is essentially a wayof giving a household a principal denomination among themany combinations of- losses that it may actuallyexperience. Such a denomination is expected to be helpfulfor the implementation personnel i, 'aling with individualEPs. Households, defined as a cooki. unit, continue to bean extremely important socio-economic unit in ruralsocieties. This is where the EPs reside and theirperception and reaction to land acquisition andresettLement policies formed and nurtured.
A perusal of the six categories mentioned above will showthat the first four categories comprise households whichhave lost a physical asset : land, structures, trees. Thesehouseholds may have individual members who have lost insome indirect fashion. But the last two categories are
27
households which have lost only in indirect way.
The distribution of the PA households at the 5 sites intothese six broad categories are shown in Table 3.1. Overall,the agricultural land (only) losers are the largestcategory containing about 42 percent of the totalhouseholds surveyed followed by squatters (21 percent). Alook at the composition of households at the five siteswill reveal some striking differences between the sites.At Natore, for example, the squatters are the singlelargest category containing about 36 percent of all projectaffected households, followed by homestead (only) losers(21 percent) and wage-labour households. By contrast,Saidpur, Ghagot and Rajshahi have agricultural land (only)losers as the largest category of households. Dasuria, onthe other hand, has a more even balance between householdslosing only agricultural land and those losing bothagricultural and homestead land. Some importantimplications for the resettlement action plan areimmediately obvious. For example, the squatters problem inNatore can by no means be underestimated; structure losersconstitute 57 percent of all affected households and amongthem squatters are in majority.
Table 3.1B presents the picture in terms of female headedhouseholds. Overall, these constitute 12 percent, thehighest proportion (17 percent) being among the squattersin respect of household categories in the Natore area.
3.4 Some Socio-economic Characteristics of the PAPs and PAHs
A rough profile of the project affected population is givenbelow in terms of some broad socio-economic characteristicsof the PAPs at the 5 project sites.
3.4.1 Some Demographic Characteristics : HouseholdSize, Sex Ratio, etc
The household size, sex ratio and dependency ratios,along with the age-sex composition of the projectaffected persons are shown in Tables 3.2A and 3.2B byPAH categories and areas respectively. The largesthouseholds (average 9.8 members) were among those wholost both agricultural and homestead land, while thesmallest were among the wage labourers (4.2 members)an?d squatters (4.5 members). For obvious reasons, PAPsat Natore showed the smallest family size (5.1) whileit was uniformly higher at the four other places (7.0to 7.6).
The overall dependency ratio was 74 percent, with thelowest among agricultural land losers (68 percent) andin Saidpur (63 percent), the highest being amongagricultural-cum-homestead land losers. It is somewhatsurprising that the squatters and wave labourers didnot show the lowest dependency ratio is expected,since normally both males and females in thesehouseholds remain employed.
In Tables 3.2A and 3.2B, 40 percent of the male and 47percent of the female PAPs were found to be married;3.5 percent females were widowed and 0.3 percentdivorced. Widowhood and divorce rates were the highestamong the squatters (5.4 & 0.4 percent, respectively)as a PAH category and at Dasuria (8.2 & 1.4 percent,
28
respectively) among the 5 areas.
3.4.2 occupational Structure
The (primary) occupational structure of thehousehold heads among the PAPs is shown in Tables3.4A & B. Overall, the top three occupations wereagriculture (32 percent), agricultural labour (23percent) and trading (10 percent). There was amuch greater proportion (37 percent) ofagricultural labourers among the squatters, whichwas followed by trading (14 percent) andtransport labour (13 percent). Barring Natore(urban) and Dasuria (a market), the other threeareas showed a high incidence (46-53 percent) ofagriculture as an occupation of the householdheads.
Considering all members of the households aboveage ten (Tables 3.5A & B), agriculture (24percent) and agricultural labour (15 percent)continued to dominate male occupations, apartfrom students (27 percent). Among the squattershowever the picture was very different withagricultural labour (30 percent) dominating theiremployment. Among women older than 10 years,housewives dominate (61 percent), followed bystudents (22 percent).
The highest female participation in an occupationother than home care is among the squatters (13percent); of those working females about half arein agricultural labour. The lowest percentage Qffemale students are from squatter (8) and wagelabourer (10) households. Among the 5 areas, -onceagain Natore was different with a preponderanceof agricultural labourers (22 percent) and veryfew farmers (9 percent) among all males aged 10+years.
3.4.3 Educational Status
Overall, among household heads 42 percent malesand 65 percent females were found to beilliterate, while 56 percent males and 75 percentfemales never completed primary school (seeTables 3.6A & B). The picture was much worseamong wage labourers (82 percent male & 89percent female illiterate) and squatters (64percent male and 84 percent female illiterate).Of all the areas Natore is the worst (52 percentmale and 73 percent female illiteracy) whileSaidpur seems to be the best performing with only17 percent male and 46 percent female illiteracy.In addition, there was a remarkably highpercentage of females with SSC or higher leveleducation, including some with graduate degrees.The ethnic diversity of the area may have been afactor influencing higher than usual femaleliteracy. This certainly could be a resourcewhich may become useful during the implementationof the RAP.
Among all persons 10 years or more of age (seeTables 3.7A & B) 30 percent males and 42 percent
?.9
females were illiterate. Illiteracy was very highamong the wage labouring and squatter females (77and 70 percent, respectively). The wage labourermales were even worse (78 percent illiterate).
3.4.4 Income
The income distribution among the projectaffected households is shown in Tables 3.8A & B.It is clear that wage labourer's annual earningswere the lowest (Tk.9,800), followed bysquatters' (Tk.11,500) among the six householdgroups. The average income was around 83 thousandtakas annually if an exceptionally richindustrialist affected by Land Acquisition wasincluded. The average came down to Tk.25,800 byexcluding this case. There was a good proportionof rich farmers (more than 10 percent) withearnings above 60 thousand takas per month.
In terms of areas the highest average income (Tk.B7 thousand) was reported at Dasuria, with itssmall number of PAHs, mostly engaged in businessand trading. The next highest average householdincome was reported at Saidpur (Tk. 51 thousand).The relative strength of Saidpur economy isindicated by the more than 43 percent householdswho were above the Tk. 36,000 income mark, ofwhom 21 percent were above the Tk. 60,000 mark,as compared to Dasuria's 28 and 14 percent,respectively. It must be added that income datarequires much greater scrutiny to ascertain itsaccuracy.
3.5 PAP Preferences on Some Resettlement Issues
The socio-economic survey attempted to elicit the views ofthe PAPs in respect of a few key issues on the resettlementprocess, such as self-managed resettlement, types ofassistance desired and the preferred relocation site. Thesummary findings are presented below. It is hoped thatthese along with the considerable field notes collectedduring the survey will be useful in developing the detailedresettlement programme.
3.5.1 Self-managed Resettlement
There was an overwhelming support among PAPs forself managed resettlement. The survey revealedthat nearly 96 percent considered a fair andquick compensation to be enough to help themresettle. The only group among which asignificant proportion felt there was need formore was, not surprisingly, the squatters. About6 percent of the squatters fell into thiscategory (see Table 3.9A). In respect of areas itwas Ghagot where the largest demand (15 percent)was heard for assisted resettlement.
3.5.2 Assistance Wanted by PAPs
Overall, the most popular demand for assistancewas for house construction (86 percent), followedby land purchase (38 percent), as seen in Table3.1OA. The squatters were the most vocal group in
30 -
expressing their demand for assistance in avariety of fields, the most dominant being landpurchase (90 percent), followed by education (63percent). Among the areas (Table 3.10B), Natorearticulated the strongest demand for assistancein land purchase (96 percent), followed by ademand for assistance in education, health andshelter. Saidpur distinguished itself by a-100percent vote for cultural and sports programmes,followed by land purchase (88 percent) andeducation (87 percent).
3.5.3 Preferred Relocation Sites
The most preferred relocation site amongst thePAPs was an adjoining village (80 percent, seeTables 3.8A & B), particularly for homesteadlosers (91 percent). Resettlement arranged by thegovernment, ie on Khas land, was generally notpreferred except for a small fraction (7 percent)of squatters. During focus group discussions itwas revealed that the lack of preference stemmedfrom a poor opinion about the cluster villageprogramme of the previous regime. Among farmers,the plots alloted in these settlements wereconsidered to be very inadequate as a farm house.The landless group, on the other hand, objectedto these arrangements because of their disadvan-tageous location from the viewpoint of gettingemployment.
Among the areas (Table 3.11B) a nearby villagewas the dominant choice in all the areas, exceptthat Ghagot reported about 39 percent householdswho did not know.
3.6 Estimates of Entitled Persons and Households
Individuals and households may both be entitled tocompensation. But to ascertain true ownership of physicalassets, particularly land, a proper verification of recordsis needed, which will be done as part of the landacquisition process. Pending this, what can be given easilyare estimates of entitled households for physical assetsand entitled persons for certain indirect losses such aswage labour. Tables 3.12A & B show them for each loss type,by household categories and areas respectively.
It may be noted that, overall, agricultural land loserswere the largest group (703) while structure losers werenot far behind (520), the latter being equally dividedbetween squatters and homestead land owners. The largestconcentration of agricultural land losers was in Rajshahi(376) while that of structure losers was in Natore.
3.7 Types of Losses by PAH Categories
Table 3.13 lists all the eight broad types of losses withsub-categories, incurred by each of the 6 broad categoriesof PAHs as stated by them in the socio-economic survey.
The land figures in this Table however are not. reliable,which limits their usefulness. It shows, however, themagnitude of non-land losses, which are more reliableestimates.
31
Table 3.1A : Composition of PAHs at 5 Project Sites
Households in PAH Categories row %)Sites
Agri H'stea Agri + Squat- Share Wage Totalland d land H'stea ters crop- labourloser loser d land pers er
loser
Rajshahi 346 58 20 36 53 28 541(62.6) (10.5) (3.6) (6.5) 19.6) (5.1) (100)
Natore 101 120 30 203 1 111 566(17.8) (21.i) 5.3) (35.71 (0.1) (19.5) (100)
Saidpur 131 5 9 10 20 175._______ (74.0) (2.8) (5.1) (5.6) (11.3) (100)
Ghagot 37 1 2 1 41t9O.2) (2.4) (4.9) (2.4) (200)
Dasuria 11 11 7 9 4 42(26.2) (26.6) (16.7) (21.4) (9.5) ___ (100)
Total 626 195 66 260 79 139 13651 (41.5) (15.9) (4.8) (21.0) (4.9) (11.9) (10)
Table 3.1B : Proportion of Female Headed Households by Socio-economic Categories at 5 Projects Sites
PAH CateFories |Sites Agri H'stea Agri + Squat- Share Wage Total
land d land H'Istea ters crop- labour(oally) (only) d land pers erloser loser loser
Rajshahi 17.1 8.6 10.0 11.1 3.6 13.1(59) t5) (2) (4) (1) (71
Natore 8.9 8.3 6.7 19.7 7.2 12.2________ t(10) (2) (401) __ ( 69)
Saidpur 7.6 33.3 7.4(10) _______ __(3) 3)
Ghagot 8.1 7.3
Dasuria 18.2 36.4 14.3 16.7(2) (4_ (1) (7)
Total 13.3 9.7 12.1 16.9 6.5 11.9_____ (83) (19) Ai) (44) _ -(9) (163.
Note : Absolute numbers are in parentheses.
32
Table 3-2A : Percentage Distribution of PAPs According to Age and Sex by PAH Categories
PAP Categories
Age Agri land Homestead Agri + Squatters Share Wage TotalGroup (only) land Homestead croppers labourers
loser (only) land lose-
Male Femal Male Fema Male Fema Male Fema. Male Fema Male Fema Male Femae _ le le le le le le
0-4 8.1 9.7 8.6 11.8 9.5 12.1 13.5 10.9 9.4 11.0 8.7 13.6 9.1 10.7
5-9 11.1 12.4 17.3 16.2 12.5 14.8 13.5 16.5 12.9 21.3 19.1 16.0 13.0 14.5
10-14 13.4 15.0 13.9 15.3 17.1 11.4 12.7 13.8 16.4 14.4 12.1 13.9 13.7 14.5
15-29 34.0 30.7 28.3 26.4 26.3 30.3 26.9 28.4 29.4 25.1 25.2 31.7 31.0 29.5
30-44 16.5 16.6 18.7 19.2 19.7 13.6 20.0 18.0 15.7 15.6 21.1 17.4 17.7 17.0
45-59 9.1 9.4 8.5 7.0 5.6 8.7 8.5 7.8 9.4 8.7 9..7 4.5 8.8 8.4
60 + 7.8 6.2 4.6 4.2 ;.2 9.1 4.9 4.8 6.6 3.8 4.0 2.6 6.8 5.5
Total 100 100 100 100 100 100 100 100 100 100 100 100 100 100
N 2496 2137 625 569 304 264 576 589 286 263 298 287 4585 4159
Sex 114 : 100 110 : 100 115 : 100 98 : 100 109 : 100 104 : 100 110 : 100Rat io__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
HH 7.5 6.1 9.8 4.5 6.9 4.2 6.4
Depen 67.8 80.1 93.6 80.6 83.3 78.4 74.0dencyRatLo3
33
Table 3.2B Percentage Distribution of PAPs According to Age and Sex by Areas
l_________________________ AreasIAge
Group Raishahi Natore Said ur Gha ot Dasuria Total
Male Femal Male Femal Male Fenal Male Femal Male Femal Male Femal_ _ _ _ e~~ e e __ _ e e __ _ e
0 - 4 9.1 10.8 10.0 10.2 7.2 11.5 10.0 10.0 5.4 11.0 9.1 10.7
5 - 9 12.1 13.7 14.5 16.0 12.3 12.3 14.0 15.4 12.8 17.1 13.0 14.5
10-14 13.4 12.8 14.3 14.8 12.2 18.6 16.7 17.7 16.8 13.0 13.7 14.5
15-29 31.7 30.3 26.9 29.6 36.7 28.3 28.7 27.7 34.9 24.7 31.0 29.5
30-44 17.4 16.9 i9.8 17.6 15.3 16.8 15.3 14.6 16.1 15.1 17.7 17.0
45-59 8.5 9.6 9.2 6.6 9.2 8.3 7.3 8.5 8.1 11.0 8.8 8.4
60 + 7.8 5.9 5.2 5.2 6.7 4.2 8.0 6.2 6.0 8.2 6.8 5.5
Total 100 100 100 100 100 100 100 100 100 100 100 1001885
N 2123 1449 1373 714 625 150 130 149 146 4585 4159
Sex 113 : 100 106 : 100 114 : 100 115 : 100 103 : 100 110 : 100R a t io _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _
HH 7.3 5.1 7.6 7.1 7.0 6.4
Depen 73.7 78.7 63.4 94.8 69.3 74.0dencyratio _
34
Table 3.3A : Percentage Distribution of PAPs According to Marital Status By PAH Categories
._________ |PAH Cateaories
Marital Agri land Homestead Agri + Squatters Sharecrop Wage TotalStatus (only) land H'stead pers labourers
loser (only) land loserloser _ _ _ _ _ _ _ _ __ _ _
Male Fema Male Fema Male Fema Male Fema Male Fema Male Fema Male Female le le le _ le le le
Unmarried 60.8 49.9 60.2 50.1 58.6 46.6 57.1 45.0 61.5 54.8 54.0 47.0 59.7 49.1
Married 39.1 46.3 39.8 46.9 40.8 50.0 42.7 48.7 38.5 42.6 45.6 51.2 40.1 47.0
Widow/ 0.1 3.7 2.6 0.7 3.4 0.2 5.4 2.3 0.3 1.7 0.2 3.5widower
. Divorced 0.1 0.4 0.8 0.4 0.3
Total 100 100 100 100 100 100 100 100 100 100 100 t00 100 10
35
Table 3.3B : Percentage Distribution of PAPs According to Marital Status By Areas
___________ . _Areas
MaritalStatus Raishahi Natore Saidour Ghaaot Dasuria Total
Hale Femal Hale Femal Hale Femal Male Femal Male Femal Male Femal_ _ _ _ _ _ _ _ _ _ ~~ I _ e ie _ _ _e _ _ _ e
Unmarried 60.1 48.9 56.7 47.0. 63.4 54.9 60.0 45.4 64.4 51.4 59.7 49.1
Married 39.8 47.2 43.1 49.7 36.3 41.9 40.0 51.5 34.9 39.0 40.1 47.1
widowe 0.1 3.7. 0.2. 3.0 0.1 3.2 3.1 0.7 8.2 0.2 3.5widower _______
Divorced 0.2 0.4 0.1 1.4 0.1 0.3
Total 100 100 100 100 100 100 100 100 100 100 100 100
36
Tabie 3.4A : Percentage Distribution of Primary Occupation of HH Headby PAH Categories
PAH Categories Total
Occupation Agri Home- Agri + Squat Sharecro Wageland stead Home- ters ppers labour(only) land stead ersloser (only) land
___ ___ ___ _ _ ___ __ loser loser _ _ _ _ _ _ _ _ _
Agriculture 51.8 14.9 34.8 4.2 57.0 2.9 32
Agri Labour 7.5 32.5 10.6 36.5 21.5 61.2 23
Artisan 0.9 3.1 4.5 1.6 1
Fisherman 0.3 0.5 0.8 2.2 0
Trading 6.9 18.6 10.6 14.6 2.5 5.0 9
Industrial 0.5 2.4 1.5 3.1 2.5 5.0 1Worker .
Transport 0.8 5.7 3.0 12.7 7.2 4Worker__ _ _ _ __ _ _ _ _ _ _ ___ _ _ _ _
Other 1.3 3.1 7.7 2.5 11.5 3Services
Home Care 10.2 5.7 12.1 4.6 1.4 7
Student 1.1 0.5 1.5 0.4 0
Others 18.7 12.9 21.2 13.8 13.9 3.6 15
Total 100 100 100 100 100 100 1
37
Table 3.4B : Percentage Distribution of Primary Occupation of HH Headby Areas
AreasTotal
occupation Rajshahi Natore Saidpur Ghagot Dasuria
Agriculture 47.2 12.4 46.3 52.5 21.4 32.0
Agri Labour 20.7 32.0 4.0 15.0 19.0 23.0
Artisan 0.7 1.9 2.4 1.2
Fisherman 0.7 0.7 0.6
Trading 5.7 12.2 10.3 12.5 23.8 9.7
Industrial 1.1 2.8 7.5 2.4 1.9Worker
Transport 0.2 9.2 3.4 4.8 4.5Worker _____
Other 1.3 7.1 1.7 4.8 3.8Services _
Home Care 9.4 4.9 6.9 2.5 11.9 7.1
Student 1.3 0.5 0.7
Others 11.3 16.1 27.4 10.0 9.5 15.2
Total 01D 100 100 100 100 100
38
Table 3.5A : Percentage Distribution of Primary Occupation of PAPs Above 10 Years of Age by PAHCategories
PAH Categories
Agri lana Homestead Agri + Squatters Share Wage TotalOccupation ,(only) land (only) Homestead croppers labourers
loser loser land loser .
Male Fema Male Fema Male Fema Male Fema Male Fenal Male Fema Male Feual.__________ ______ le . le _ _ le le _ e le e
Agriculture 31.4 1.0 9.8 0.5 30.7 3.3 31.9 1.2 2.0 23.6 0.7
Agri Labour 6.8 0.1 23.8 1.B 10.2 0.5 29.6 6.8 17.1 53.7 1.1 15.3 1.3
Artisan 0.4 0.2 3.0 1.4 0.8 1.0 0.8 0.1
Fisherman 0.5 0.4 0.5 1.0 1.6 0.5 1.2 1.5 1.1 0.5 0.6
Trading 4.8 0.2 11.7 1.3 4.7 11.9 1.5 3.3 0.6. 4.4 6.4 0.5
Industrial 0.2 0.1 1.8 0.5 2.3 1.3 1.9 3.9 1.0 0.2Worker I__ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _
Transport 0.4 4.6 1.9 9.6 4.9 2.3worker ___ ______
Other 4.2 0.9 3.7 0.8 2.3 0.5 6.1 3.0 2.9 0.6 6.9 2.2 4.3 1.2services I__________
Home Care 59.8 62.6 61.6 = 54.3 70.2 66.8 60.6
Student 33.7 27.9 19.7 16.6 25.6 21.6 10.9 8.0 25.2 14.9 6.9 9.8 26.6 21.5
Others 17.5 9.3 21.4 15.3 22.8 14.1 24.8 25.3 16.7 11.2 15.8 19.0 19.1 13.3
Total 100 100 100 1OO 100 100. 100 100 100 100 10O 0 100 I 100
39
Table 3.5B : Percentage Distribution of Primary occupation of All H'isehold Members Above 10 Years of Ageby Areas
occupation____ ______________ Areasoccupation , Rais ahi Natore Saidpur Ghaq ot Dasuria Total
Kale Femal Male Femal Male Femal Male Femal Male Femal Male Femal_ _ _ e _ _e - a_ _ e _ _ e _ _ _ _ _
Agriculture 31.4 1.1 9.3 0.2 26.7 0.5 41.3 12.2 1.0 23.6 0.7
AgrL Labour 15.8 1.2 22.1 2.1 3.5 9.6 1.1 8.7 1.1 15.3 1.3
Artisan 0.7 0.3 1.9 0.2 0.9 0.9 0.1
Fisherman 0.4 0.7 0.7 0.8 0.2 1.9 0.5 0.6
Trading 3.8 0.3 9.2 0.7 6.6 0.7 6.7 1.1 15.7 6.4 O.S
industrial 0.6 1.7 0.5 0.2 1.9 1.1 3.5 1.0 0.2Worker I___ ___
transport 0.1 6.3 1.6 2.6 2.3Worker _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _
other 2.2 1.2 4.7 1.7 11.2 0.9 2.6 4.3 1.2s ar-vices__ _ ___ _ _ __ _ _ __ _ _ _ _ _ _
oae Care 63.0 57.9 59.4 55.6 61.6 60.6
Student 30.3 23.5 19.3 15.8 31.1 28.1 18.3 20.0 26.1 20.2 26.6 21.5
o4hers 14.8 8.7 24.7 20.1 18.8 10.4 20.2 21.1 27.8 16.2 19.1 13.3
I goxl | loo | 10 | loo I looI oaI lo|I loI ---o ooj °T le Total 100 100 100 t00 100 100 100 100 100 100 1.00 t.0
40
Table 3.6A : Percentage Distribution of HH Head's Educational Status by PAH Categories
PAH CtatgorTes
Educational Agri land Homestead Agri + Squatters Sharecroppers Wage Total
status ,(only) land (only) Homestead labourersloser loser land loser _
Male Femal Male Femal Male Femal Male Fewmal Male Femal Male Femal Male Fema:_ _ _ _ _ _ _ _ _ e ea e e _ _ e _ _ e e
Illiterate 22.1 56.6 45.7 57.9 39.7 37.5 64.2 84.1 38.0 81.5 88.9 41.4 65.
Can Siqn 4.4 2.3 5.3 ; 12.5 5.6 2.3 3.8 1.5 11.1 3.7 2.'
Can Add L 0.4 1.7 0.5 1.3 0.6Subtract
Can Read 2.4 1.1 2.3 1.3 0.8 0.7 1.Letter I___ I__ _ _ _ _ _ __ _ _ _ __ _
Class I-IV 6.8 4.8 13.1 15.8 13.8 12.1 9.1 11.4 6.8 9.3 6.
Primary 17.1 19.3 11.4 19.0 25.0 8.8 2.3 15.2 6.2 13.6 11.
Class VIII 10.8 4.8 10.3 10.5 8.6 2.8 16.5 1.5 8.6 3.
Class X 7.4 3.6 2.9 5.3 3.4 12.5 0.9 2.3 3.8 0.8 _ 4.4 3.4
SSC 14.0 6.01 3.4 5.3 3.4 12.5 0.5 5.1 -_---_ 0.8 7.5 4..
uSC 7.9 1.2 4.6 8.6 _ 0.9 2.5 . 5.0 0.
Degree L 9.2 1.2 3.4 1.7 1.4 1.3 5.1 0.above I__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Kadrasha 1.7 0.1?otal 100 10100 00 1 10 100 00 00 100 a10 100 1,00 100 100 100 l 0l
41
Table 3.68 : Percentage Distribution of HH Head's Educational Status by Areas
I____________ ____________Areas______________
Educational Areasstatus Rajshahi Natore Saidpu'- Gha ot __ Dasuria Total
Male Femal Male Femal Kale Femal |Male Femal Male Femal Male Female_ _ e _ e I ___ e _ _ e_e a e
Illiterate 39.9 60.6 52.4 72.5 16.7 46.2 32.4 66.7 28.6 71.4 41.4 65.0
Can Sign 1.3 2.0 4.3 9.3 24.3 14.3 14.3 3.7 2.5
Can Add f 0.4 1.0 0.6
Subtract _ _ _
Can Read 0.6 2.8 1.0 2.7 0.7 1.2
Letter _ _ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ _ _ _
Class I-IV 7.4 5.6 11.3 8.7 9.3 7.7 8.1 8.6 9.3 6.7
Primary 12.8 18.3 13.9 5.8 19.1 15.4 8.1 5.7 13.6 11.7
Class VIII 7.9 1.4 6.7 4.3 15.4 7.7 2.7 33.3 20.0 8.6 3.7
Class X 5.1 4.2 2.4 2.9 8.0 5.4 5.7 14.3 4.4 3.7
SSC 10.6 5.6 2.8 1.4 11.1 15.4 10.8 11.4 7.5 4.3
HSC 7.0 1.4 3.0_ 6.2 2.7 2.9 - 5.0 0.6
Degree & 7.2 3.4 4.9 0.7 2.7 2.9 5.1 0.6a bo ve I__
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Nadrasha 0.2 0.1
Total l00 100 100 100 100 100 100 100 100 100 100 100
42
Table 3.7A : Percentage Distribution of PAPs Educational Status by PAH Categories
. _ _ _PAR Ca tegories Total
Educational Agri land Homestea4 Agri + Squatters Sharecroppers WageStatus (only) land (only) Homestead labourers
loser loser land loser _
Male Femal Male Femal Hale Femal Hale Femal Kale Femal Male Femal Male Fema- e - e- e __ e e__e
Illiterate 17.3 27.6 38.2 53.0 32.1 41.6 54.9 69.8 33.8 49.1 77.8 76.6 30.0 41.
Can Sign 2.6 2.0 1.1 0.8 0.5 2.2 5.8 2.8 1.9 3.7 1.0 1.6 2.5 2.
Can Add & 0.4 0.2 0.9 0.8 0.9 1.1 1.3 1.3 0.5 0.5 0.6 0.Subtract _ _ . .
Can Read 0.4 0.4 0.9 1.3 0.9 0.5 2.5 0.5 0.5 0.6 0.5 0.5 0.7 0.Letter . . _ _ .
Class I-IV 7.7 10.3 15.6 12.2 14.0 10.3 12.4 12.5 13.3 10.6 9.4 7.6 10.1 10.
Primary 16.4 21.6 15.6 18.2 19.1 22.2 10.6 8.0 19-5 18.6 8.9 9.2 15.5 -18.
Class VIII 11.4 7.2 9.6 2.6 10.2 4.3 4.1 1.8 11.9 3.1 1.0 0.5 9.7 5.
Class X 8.6 7.2 6.9 2.6 4.7 4.3 3.0 1.8 5.7 3.1 0.5 0.5 6.8 5.
SSC 12.0 7.7 3.0 2.9 6.5 2.7 1.5 0.8 5.2 1.9 1.0 1.1 8.2 5.
HSC 10.4 5.5 3.2 1.0 8.4 3.2 2.8 5.7 2.5 7.5 3.
Degree & 12.2 3.9 4.3 0.8 1.9 2.7 1.0 0.8 1.9 7.9 2.above.. _.
Kadrasha 0.5 . 0.2 0.7 0.9 . . _ 0.6 1.1 0.4. 0.
Total _ 100 100 100 100 100 100 O 100 I 00 1100 100 100 100 100 10
43
Table 3.7B : Percentage Distribution of PAPs Educational Status by Areas
______________Areas__ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Educational ~ jhh ______ ______
Status Rai_ahi Natore Said ur Gha ot Dasuria Total
Hale Femal Male Femal Kale Femal Male Femal Male Femal Male Femal
_ _ _ _ _ _ _ _ e _ _ _ e_ _ _ e _ _ _ e _ _e _ _ _ e
Illiterate 29.5 39.3 39.2 53.0 17.2 24.3 25.0 47.8 20.0 40.4 30.0 41.8
Can Sign 0.8 0.5 1.5 0.9 4.6 6.6 20.2 3.3 11.3 11.1 2.5 2.0
Can Add & 0.4 0.1 1.3 0.9 0.2 1.1 2.0 0.6 0.5
Subtract l . .
can Read 0.5 0.6 1.5 0.6 1.9 2.2 0.7 0.5
Letter _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _
Class I-IV 7.8 8.0 14.0 13.3 8.0 12.0 11.5 20.0 15.7 9.1 10.1 10.7
Primary 13.8 19.7 16.9 16.7 18.5 19.0 15.4 15.6 13.9. 16.2 15.5 18.4
Class VIII 9.9 10.1 8.6 6.0 11.7 16.1 2.9 4.4 12.2 14.1 9.7 9.7
Class X 7.3 6.2 5.0 2.6 8.8 7.9 6.7 1.1 8.7 3.0 6.8 5.1
SSC 9.9 6.7 4.0 2.6 12.1 6.8 5.8 2.2 6.1 1.0 8.2 5.1
ESC 9.4 5.3 4.3 1.6 9.3 3.2 3.8 5.2 3.0 7.5 3.5
Degree & 10.4 3.2 3.8 1.5 9.3 3.6 2.9 1.1 7.0 7.9 2.5
abov e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Kadrasha 0.4 0.2 0.1 0.2 0.5 0.2 3.8 1.1 0.4 0.2
Total 100 100 100 100 100 100 100 100 100 100
44
rable 3.8A : Percentage Distribution of Yearly Household Income by PAIICategories
Agri Homeste Agri + $quatte Sharecro Wage TotalIncome Land ad land Homeste ra ppers labour
(only) (only) ad land ers__ __ loser loser loser ._
<6000 16.4 20.4 17.9 21.9 16.3 28.2 18.9
6001- 19.4 29.6 27.1 51.1 21.1 53.5 29.41 2 0 0 0 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
12001- 10.3 20.8 16.4 15.9 24.4 12.4 14.11 8 0 0 0 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
18001- 13.3 11.3 8.6 5.4 12.2 3.5 10.624000 _
24001- 9.7 5.7 7.9 2.7 8.9 1.2 7.130000 _ . _
30001- 5.6 4.1 7.1 0.8 4.1 4.236000 . . _
36001- 14.3 5.3 5.0 1.9 11.4 0.6 9.160000 = _ _ .
60001+ 10.9 2.8 10.0 0.3 1.6 0.6 6.6
Average 35,689 17,927 28,794 11,486 20,243 9,828 25,750H4Income __ _ _ _ __ _ _ _ __ _ _ _ __ _ _ _
45
Table 3.8B : Percentage Distribution of Yearly Household Income by Areas
Rajshahi Natore Saidpur Ghagot Dasuria TotalIncome _
.6000 22.8 18.7 10.7 9.5 7.8 18.9
6001- 27.0 38.3 16.8 33.3 21.9 29.412000
12001- 14.1 17.2 7.2 7.9 15.6 14.118000 _ _
18001- 12.2 8.8 8.2 11.1 14.1 10.624000
24001- 8.7 5.4 6.5 6.3 4.7 7.130000
30001- 3.9 2.7 7.2 7.9 7.8 4.236000
36001- 6.8 6.2 22.3 14.3 14.1 9.160000
60001+ 4.6 2.7 21.0 9.5 14.1 6.6
Average 19,379 19,394 51,228 25,570 87,410 25,750HHlIncome __ _ _ _ _ __ _ _ _
Table 3.9A : Whether Timely and Adequate compensation Is Enough : by PAHCategories
Agri lahd Home- Agri + Squat Share Wage TotalOpinion (only) stead H'stead ters croppers labour
loser (only) land ersloser loser
Yes 95.8 99.0 97.0 94.2 100.0 88.5 95.5
No 4.2 1.0 3.0 5.8 11.5 4.5
Total 100 100 100 100 100 100 100
46
rable 3.9B : Whather Timely and Adequate Compensation Is Enough : by Areas
Opinion Rajahahi Natore Saidpur Ghagot Dasuria Total
yes 98.0 93.8 94.9 85.4 100.0 95.5
No 2.0 6.2 5.1 14.6 4.5
Total 100 100 100 100 100 100
rable 3.1OA : Percentage Distribution of Types of Assistance Wanted byHouseholds Heads by PAH Categories
Type ofPH Assistance Agri Home- Agri+ Squat- Share- Wage Total
land stead Home- ters crop- labour(only) land stead pers ereloser (only) land
__________ _ __ loser loser _
House 8.4 60.3 61.5 72.7 17.8 57.4 86.4construction
Transport 5.0 43.8 52.3 53.5 9.6 47.1 26.8
Financial 12.2 13.9 12.3 32.7 5.5 30.9 17.9
Land Purchase 83.8 92.3 89.2 89.6 64.4 87.5 85.7
Business 13.9 11.9 24.6 13.1 13.7 16.2 14.2
Employment 1- 26.1 5.7 21.5 6.9 15.1 12.5 17.3
Marketing 1.5 1.6 1.4 3.5 2.2 1.9
Training 9.1 8.8 9.2 16.5 9.6 22.1 11.S
Education 34.4 35.1 49.2 63.1 41.1 69.9 44.7
Health 15.7 39.7 35.4 50.8 9.6 56.6 30.7
Religious 25.3 33.0 38.5 28.9 21.9 39.0 28.9
Cultural, 47.0 29.9 53.9 52.3 58.9 32.4 45.1Sports, etcResettlement 16.7 7.7 13.9 12.3 5.5 7.4 12.9
Compensation 0.7 0.3Assistance _
Transport _ 2.6 1.5 0.5Communication .
Total 100 100 100 100 100 100 100
47
Table 3.10' : Percenta e Distribution of Types of Assistance Wanted byHousehold Heads by Areas
._______ Are a s -* ~Type of
Assistance Rajshahi Natore Saidpur Ghagot Dasuria Total
House 17.9 58.3 22.3 18.0 53.7 36.4Construction .
Transport 12.1 43.3 18.3 5.1 48.8 26.8
Financial 5.8 27.7 24.6 12.8 17.1 17.9
Land Purchase 75.7 95.5 88.0 82.1 75.6 85.7
Business 9.8 15.0 18.3 12.8 43.9 14.2
Employment 15.4 8.9 50.9 15.4 12.2 17.3
Marketing 0.6 2.5 4.6 1.9
Training 2.6 17.4 24.0 5.1 9.8 11.6
Education 8.1 67.1 87.4 30.8 43.9 44.7
Health 3.6 63.0 18.3 2.6 22.0 30.7
Religious 3.6 41.7 64.6 35.9 24.4 28.9
Cultural, 8.1 46.9 100.0 53.9 82.9 45.1Sports, etc
Resettlement 21.5 8.1 6.9 2.7 2.4 12.8
Compensation 1.7 2.4 0.3Assistance .
Transport 0.9 0.4 0.5Communication .
Total 100 100 100 100 100 100
48
Table 3.11A : Where PAPs Wanted to be Relocated by PAH Categories
Agri Home- Agri + Squat- Share- Wage TotalPlace land stead Home ters crop- labour
(only) land stead pers ersloser (only) land
loser loser
Nearby 76.8 91.3 87.9 80.8 75.9 87.1 81.2Village__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _
Roadside 1.1 1.0 3.0 4.6 2.5 1.4 2.0
Village to 1.8 1.5 4.5 2.3 1.4 1.8Town
Town to 0.8 1.0 1.9 0.9Villaqe _ -
Government 1.6 1.0 6.9 2.9 2.5Resettlement -
Donot Know 17.9 4.1 4.5 3.5 21.5 7.2 11.6
Total 100 100 100 100 100 100 100
Table 3.11B : Where PAPs Wanted to be Relocated by Areas
Place Rajshahi Natore Saidpur Ghagotz Dasuria Total
Nearby 80.0 85.3 76.6 61.0 78.6 81.2Villa Roadside 3.0 1.1 1.7 4.8 2.0
Village to 0.7 2.7 3.4 1.8Town__ _ _ _ __ _ _ _ _ _ _ _ _ _
Town to 0.7 1.2 2.4 0.9Village__ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _
Government 0.9 3.9 3.4 2.4 2.5Resettlement
Donot Know 14.6 5.9 14.9 39.0 11.9 11.6
Total 100 100 100 100 100 100
49
Table 3.12A : Number of Entitled Persons/Householdsi by PAH categories
Loss Agri Homestead Agri + Squatters Share- Wage Institu- TotalCategory Land Loser Homestead croppers Labour- tions
Loser Loser era
1. Agri Land etc
a. Agri Land 623 - 66 - - - 14 703
Single 199 - 13 - - - 3 215Double 270 - 19 - - - 5 294Triple 161 - 16 - - - 1 178Pond :
Uncultured 18 - 15 - - - 2 35Cultured 3 - 4 - - - 1 a
Orchards 17 - a - - - 1 25Fallow 4 - - - - - 1 5Others 21 - 7 - - - 3 31
b. Trees 61 - 53 - - - - 114
c. CropsZ
2. Homestead Land etc:
a. Land - 194 66 - - - - 260b. Structure - 194 66 - - - - 260c. Tree - 142 - 100 - - - 242
3. Agri Land 38 9 6 8 85 6 - 152for Share-cropping &Leasing in
4. Agri Land 7 1 - - 4 - - 12Mortgaging in
50
Table 3.12A : Continued
Loss Agri Homestead Agri + Squatters Share- Wage Institu- TotalCategory Land Loser Homestead croppers Labour- tions
Loser Loser ers
5. Wage Income : 102 113 16 167 23 139 _ 560
Wage (EP) 139 162 28 220 30 159 - 738Labourers
6. Structureon Unautho-rised Land :
Structures - - - 260 - - - 260
Grant for - - - 260 - - - 260Homestead land
7. Rented 3 - - 4 1 - - 8CommercialStructure
B. Business or 7 8 7 24 2 1 - 49Industry
(1) Entitled households unless specifically mentioned (EP) in parentheses.(2) Same as agricultural land, ponds, trees etc.
91
Table 3.12B : Number of Entitled Persons/Households 1 by Areas
Loss Category Raj6hahi Natore Saidpur Ghagot Pasuria Total
1. Agri Land etc
a. Agri Land 376 131 141 37 18 703
Single 149 35 25 3 3 215Double 129 36 115 10 4 294Triple 82 40 28 24 4 178Pond :Uncultured 11 15 3 - 6 35Cultured 7 - - - 1 8
Orchards 7 15 3 - - 25Fallow 4 - 1 - - 5Others 14 7 3 - 7 31
b. Trees 44 56 13 - 11 124
c. Crops 2
2. Homestead Land : 78 150 14 1 17 260
a. Land 78 150 14 1 17 260b. Structure, 78 150 14 1 17 260c. Tree 69 150 4 1 .8 232
3. Agri Land 85 23 32 7 5 152for Share-cropping &-Leasing in
4. Agri Land 5 2 4 - 1 12Mortgaging in
5. Wage Income : 184 330 28 7 11 560
Wage (EP) 284 393 ?,B 11 12 738Labourers
6. Structureon Unautho-rised Land :
Structures 36 203 10 2 9 260
Grant for 36 203 10 2 9 260Homestead-
52
Table 3.12B : Continued
Loss Category Rajshahi Natore Saidpur Ghagot Dasuria Tota]
7. Rented 3 - 1 - 4 BCommercialStructure
8. Business or 7 14 10 3 15 49Industry
(1) Entitled households unless specifically mentioned (EP) inparentheses.
(2) Same as agricultural land, ponds, trees etc.
53
Table 3.13 : Types of Losses Incurred by PAH Categories and Institutions
Only OnlyLose Agri Homestead Agri + Squatters Share- Wage institu- TotalCategory Land Land Homestead etc croppers Labour- tions
Loser Loser Land Loser etc ers etc
1. Agri [1and etc
A. Agri Land 739.24 - 40.96 - - - 24.63 804.83(acre)
single 196.81 - 9.49 - - - 1.72 208.02Double 388.00 - 13.70 - - - 18.16 419.86Triple 129.76. - 11.50 - - - 1.23 142.49Pond :
Uncultured 11.14 - 1.77 - - - 1.43 14.34Cultured 1.97 - 0.41 - - - 0.68 3.06
Orchards 3.45 - 1.48 - - - - 4.93Fallow 1.01 - - - - - 0.77 1.78others 7.10 - 2.61 - - - 0.64 10.35
B. Trees (1) 11,012 6,123 7,877 2,803 - - - 27,815
C. Crops'
2. Homestead Land& Structure :
A. Land (acre) - 20.41 14.52 - - - - 34.93
B. Structure (I) - 489 269 - - - - 758
3. Agri Land (acre) 34.04 3.49 3.63 6.04 64.86 2.44 _ 114.50for Share-cropping &Leasing in
4. Agri Land <acre) 3.27 0.25 - - 0.53 - - 4.05Mortgaging in
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Table3 .13: Continued
Loss Agri Homestead Agri + Squatters Share- Wage Institu- TotalCategory Land Loser Homestead croppers Labour- tions
Loser Loser ers
5. Wage Income:
Wage ' 139 162 28 220 30 159 _ 738Labourers tt)
6. Structureon Unautho-rised Land :
Structures (I) - - - 295 - _ - 295
Grant for (t) - - 260 - _ - 260Homestead
7. Rented (1) 3 - - 6 1 - - 10CommercialStructure
8. Business or 7 9 7 27 3 3 - 56Industry (0)
1. Proportional to agricultural land, ponds, trees etc.
Note : 1. Areawise breakdown is shown in Table 6.12. The land figures (in italics) *in this table are of uncertain accuracy; free discussion
under section 6.2.1 on page 70
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CHAPTER 4
WORX PLAN AND IMPLEMENTATION SCHEDULE
4.01 Approach
The importance of a well conceived organisational framework for asuccessful implementation of the Resettlement Action Plan (RAP) cannotbe. over emphasised. This in turn requires a clear understanding of thetasks involved, their sequencing in time and interlinkages, and theoverall time frame within which various activities are to be completedfor synchronising resettlement with construction.
once the activities and time schedules are clearly delineated, ie aworkplan is prepared, it is easy to identify the types and quantitiesof required personnel and how they should relate to each other. Atthat stage it would be easy to develop a complete organisationalframework.
4.02 Temporal Parameters of the RAP
There are three important milestones in formulating the RAPimnplementation schedule in order to achieve the objectives andsynchronise it with the construction schedule. These are :
a. Date of Start :
Implementation will formally start when the RAP is agreed uponbetween GoB and the World Bank. It is expected that this wouldhappen somezime during the 2nd half of May, 1994.
b. Vacating the Acquired Land
At Dasuria and Ghagot, the two smaller components of RRMP-TI,land is to be handed over to the contractors by March 1994, whileat Rajshahi, Natore and Saidpur, land will need to be handed overin July, 1995. Since four months' prior notification is requiredfor eviction, such notices are to be given by November, 1994 atGhagot and Dasuria and by March, 1995 at Rajshahi, Natore andSaidpur.
c. Completion of the Resettlement Process :
The process of resettlement which, in a broader sense, includeseconomic rehabilitation, will continue for some time after thephysical relocation of the PAPs. This is the period when thetrue impact of the project, in general, and physical dislocation,in particular, will be manifest and real grievances aired. Theneed for monitoring these impacts and undertaking appropriatecorrective measures in terms of grievance redressal, incomesupport, job retraining etc will be felt more intensely duringthis period. The RAP envisages this period to last at least ninemonths from the time of relocation. Assuming that the last PAPis relocated in July -1995, the resettlement process shouldcontinue till at least upto March 1996. The resettlement workplan has been scheduled accordingly to extend over a period of24 months ie May, 1994 to April, 1996.
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1.03 The Main Activities and Their Time Schedule
The main activities in the implementation of the Resettlement ActionPlan within a time frame of two years are briefly described below.
a. Approval of RAP
The Resettlement Action Plan (RAP) is expected to be approved bythe authorities in May, 1994 after going through a due processof scrutiny by GoB and the World Bank at different levels.Formally, therefore, the RAP will be deemed to have startedimmediately after its approval, althouqh a number of steps hasalready been taken which are closely linked to implementation,namely the appointment of CCDB as the implementing NGO and theconduct of a benchmark socio-economic survey.
b. Establish RRMP-II/RN IN RHD
The principal responsibility for the implementation of the RAPlies with RHD, although CCDB will share this burden with them.An infrastructure will need to be put into place with thecapability to coordinate and administer a complex programmeinvolving several thousand displaced persons and a host oforganisations/agencies at different geographical locations.Offices will need to be set up, personnel hired (or obtained ondeputation), trained and deployed. It is estimated that thisprocess will bake approximately two months (April-May, 1994).
C. Establish CCDB RU
Like RHD, CCDB will also be required to set up is full-fledgedResettlement Unit in the field as well as at the headquarters.CCDB has had the benefit of an early start in the sense that itsinvolvement in preparing the RAP has already given it anacquaintance with the content of the plan, as also an exposureto the PAPs and the field conditions. The infrastructure whichwas used during the field survey can now be consolidated andextended to take on the tasks of RAP implementation. It isexpected that CCDB's RU will be fully operational by May 1994.
d. Training of Resettlement Personnel
People who will be involved in implementing the RAP need to havea proper knowledge about the processes of land acquisition andresettlement, so that they have a broad understanding of the needfor it, its legal and administrative framework, its potentialimpact on the PAPs and the constraints in the process ofcompensation and resettlement. Most importantly, it is essentialthat all personnel of the RUs of RHD and CCDB are made fullyaware of their duties and responsibilities and the importance ofefficient implementation of each component of the RAP for itsoverall success. In addition, senior officials in the Ministryof Communication and other involved Ministries as well as theDC's and other senior staff in the six Districts should also bebriefed on the RAP, so that they recognise their role in ensuringinter-departmental cooperation and coordination.
The training materials for the resettlement personnel and varioussenior officials in the Ministries and the Districts can mostlybe deriv,ed from the RAP document and several studies/reports onthe subject under some other recent projects (eq Land Acquisitionand Resettlement Study Under the Flood Action Plan, the Revised
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Resettlement Action Plan of Jamuna Multipurpose Bridge Project).
The training of resettlement personnel is scheduled to becompleted over a period of three months starting in June 1994.
e. Joint Verification
One of the most important steps in determining compensation isthe establishment of an accurate estimate of the quantity andquality of properties lost in land acquisition. The existingprocedure involves a joint field verification by the technicalstaff representing land administration, public works,agriculture and forestry. Various studies have indicatedpotential weaknesses in this exercise, which ultimately lead toan unsatisfactory estimation of compensation with all the relatedproblems. The RAP will aim for a more accurate estimation oflosses by including some element of academic expertise in thejoint verification exercise.
The estimated time required to complete the joint verificationin the field is around five months, ie May-September 1994.
4.04 Public Information Campaign
To make the task of implementation simpler there will be a publicinformation campaign directed primarily towards the PAPs.Followin9 the example of Jamuna Bridge Project, thirty villagelevel fleld workers will be recruited and trained by theimplementing NGO and utilised for the campaign which will aim atmaking all PAPs understand their rights, entitlements andprocedures for obtaining compensation and seeking redressal totheir grievances, if any. The PAPs will also be fully briefedabout the need for their cooperation in ensuring that correctinformation is given for determining the compensation- package,and explaining how fallacious information and attempts atmanipulation by any one (PAP or govt functionaries), will resultin delays and sufferings.
A brochure in Bangla will summarise the compensation policy andother necessary information. It will be explained and distributedin public meetings to be followed up by a door-to-door campai9n.Posters and leaflets will constitute additional informationmaterials. The public information campaign will start in May 1994and last for six months.
4.05 Market Survey and Land Valuation
A market survey will need to be conducted, preferably coincidingwith the joint verification exercise, to ascertain the currentvalue of different types of land at each proje-t site. Therationale for such a survey is to improve upon the existingpractice of ascertaining land prices based on sales records atthe sub-registrar's office, which are universally known to bedepressed in order to reduce the high rate of stamp duty. It isnecessary to represent the main interest groups and technicalskills in a land valuation advisory team that will be responsiblefor the market survey on land.
The land market survey will start in June 1994 and be completedby September 1994.
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4.06 IJsue of ID Cards and Finalisation of Entitlements
PAPs are to be identified in accordance with the EntitlementPolicy adopted for the RAP and the establishment of ownership ofproperty after the serving of section 6 notice under the 1982Ordinance. In case of disputed or absentee ownership theresolution will await the completion of appropriate legal andadministrative procedures.
For all other cases an ID card with photographs will be preparedand issued to the Entitled Persons (EPs), which will have to beproduced in makinq claims to various entitlements. There will bea PAP Household File which will record all actions taken in theprocess of compensation and resettlement on a real time basis andkeep them in a computerised data base.
On conclusion of the joint verification of acquired property andthe market survey on property prices, a revised estimate ofindividual packages of entitlements in cash and kind will beprepared by the implementing NGO with the assistance of the TAConsultants and its MIS unit. This will be immediately conveyedto the project authorities to ensure payment at the stipulatedtime.
The identification of the PAPs can start after about two months'from the beginning of joint verification and conclude in aboutsix months le July-December 1994.
4.07 Disbursement of Cash Compensation
Disbursement will start as soon as the entitled persons areidentified and their entitlements finalised. The DC will beresponsible for effecting the compensation for land, structuresand trees. All other payments to the entitled persons asdetermined by the Compensation and Resettlement Policy will behandled by the implementing NGO. This activity is expected tolast for a period of about ten months starting from September1994 and ending in June 1995.
4.08 Legal Possession of Land by RHD
The legal possession of land by RHD is contingent upon thecompletion of the land acquisition procedure which culminateswith the payment of compensation and the subsequent gazettenotification. This activity will therefore run simultaneouslywith cash compensation, starting in September 1994 and concludingaround June 1995.
4.09 Identification of Land for Resettlement
There is a large number of squatters, mainly in Natore, who willneed to be rehabilitated. There are various resettlementprogrammes including the distribution of Khas land which willtake care of many of the displaced squatters. It is unlikelyhowever to have all the squatters and other homestead losers tobe settled under these programmes. In that event replacement landwill need to obtained from the market, a task for which somehandicapped households may require assistance. This activitywill spanx the period September-December 1994.
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4.10 Notification of Eviction
Four months' advance notice is required to evict a person fromacquired land. In case of Dasuria and Ghagot such notice will beserved in November 1994, while for the other sites it will beserved in March, 1995.
4.11 Resettlement of Persons Provided with Land
This activity will be confined mainly to the squatters of Natoreand consist of assistance with building houses and reconstructinga community life and work environment. It will be convenient ifthe displaced persons can be brought under an existingdevelopment programme. The resettlement of these persons isexpected to take about seven months starting in December 1994 andending in June 1995, while the reconstruction of their communitylife and work environment will continue through till the end ofthe project in Harch 1996.
4.12 Possession of Land by Contractor
For Dasuria and Ghagot the time for handing over land to thecontractors is March 1995; for the rest it is July 1995.
4.13 Monitoring of the Impact of Resettlement
This will unfold over a long period of time. These will need tobe monitored on a systematic basis and reviewed from time totime. An important element in this monitoring will be theidentification of grievances and various implementationbottlenecks requiring early attention.
The monitoring exercise will start from the time of evictionnotices are served and continue throughout the entire RAP phase.
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CHAPTER 5
ORGANISATIONAL FRAMEWORK
5.1 Basis and Approach
A delineation of the activities envisaged under the ResettlementAction Plan for RRMP-II in Chapter 4 forms the basis of theorganisational framework presented in this chapter. For each ofthe major tasks, the agency/personnel required to perform themand the network of support that need to be drawn upon had becomereasonably clear. It is true, nevertheless, that many unknownfactors and procedural delays could emerge during implementationand jeopardise both the organ'isational framework and the timeschedule. Therefore, it is necessary to have a flexible attitudetowards the framework, particularly in respect of personnelneeds, so that one does not have to compromise on timing, ifthere is a trade-off.
5.2 Broad Division of work
The overall responsibility of implementing the RAP lies with RHD,while CCDB, the implementing NGO will share the burden in acomplementary fashion. The principal role of RHD is to providethe superstructural support of all government agencies andfunctionaries as well as ensure smooth flow of .,nds tofacilitate implementation without constraints and delays. CCDBon its part will ensure a smooth implementation at the grassrootslevels using its long experience of interaction with the poor andthe disadvantaged. In addition, three multi-profession bodies:a Joint Verification Team (JVT), a Land Valuation Advisory Team(LVAT) and a Grievance Redressal Committee (GRC) : will providevaluable support in dealing with some crucial areas inimplementation that demand visible neutrality and/or therepresentation of different skills/interests.
The project will establish three Resettlement Offices, one eachin Rajshahi, Natore and Saidpur. For each of the three offices,RHD will appoint a sub-divisional engineer (SDE) to be designatedas Resettlement Officer in charge, with support of his regularstaff. The Additional Project Civil Works Director (AdditionalPCWD) under the project, located in Rajshahi, will serve as ChiefResettlement Officer, supervising the work of three areaResettlement Officers and being the overall coordinator forimplementation of the Resettlement Action Plan.
CCDB will have a Central Resettlement Unit headed by aCoordinator, who will lead a team of professionals including aSocioloqist (Deputy Team Leader), a Legal Advisor andStatistician. Each of the three field offices of CCDB will beheaded by an Area Manager, who will work in close collaborationwith the RO of RHD. The Area Managers will each be assisted by3 inspectors, a 5-member Survey Team, 10 field workers and othersupport staff. In addition, CCDB will obtain the services oftechnical assistance Consultants with required analytical skills.
5.3 Linkage BDetween Civil Works and Resettlement
The Organisational framework of the RAP is illustrated in twodiagrams. Diagram 3 shows the relationship between the
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construction side and the resettlement side of the project. Asmentioned before, three offices will be established, becausethere are three sites with major resettlement activities. Theoffices at Rajshahi and Natore will both liaise and coordinatewith the PCW office at Rajshahi, while the office in Saidpur willcoordinate with the PCW office in Rangpur. At the HQ level theentire resettlement unit will relate directly to the ChiefResettlement Officer.
5.4 Linkages within the Resettlement Framework
Diagram 4 illustrates the links between various components of theorganisational framework for implementing the RAP. The ChiefResettlement Officer (CRO) under the Project Director (PCWD) willbe responsible for coordinating meetings and liaising betweenRRMP-II Resettlement set-up and the ministries and agencies. TheCCDB coordinator will maintain a close liaison with CRO, whilethe Area Managers of CCDB will liaise with the ResettlementOfficer (RO) who are at the level of the sub-divisional engineersCSDE).
There will be a Joint Verification Team for each district to beconvened by the relevant Resettlement Officer. Likewise therewill be a Land Valuation Advisory Team for each district.However, there will be only three Grievance Redressal Committees,one for each field office who will cover all the five sites.
5.5 Composition and Terms of Reference for Major Components
Given below are brief descriptions of the composition (including)requisite qualifications of key lpersonnel) and a brief ToR of themajor elements in the organisational framework.
5.5.1 Chief Resettlement Officer (CRO)
Background :
1. To implement the Resettlement Action Plan for RRMP-II, theproject will establish three resettlement officers, inRajshahi, Natore and Saidpur respectively. At each officethere will be personnel appointed by RHD and a field vnitof CCDB.
2. The Resettlement Office will be managed by a ResettlementOfficer - RO (at the level of sub-divisional engineer). Thefield unit of CCDB will be managed by an Area Managerreporting both to the RO and to CCDB Headquarters.
3. The Chief Resettlement Officer (CRO) of RHD will bestationed at the project office in Rajshahi. He will bedirectly responsible for executing the tasks outlined inthe Resettlement Action Plan and any other tasks assignedto him by the Project Director.
4. The CRO shall be appointed as Additional Project CivilWorks Director, and Exercise financial powers and powers toappoint accordingly.
Main tasks :
5. Coordinate the implementation activities of the variouscomponents of the Plan, and the responsible for timely
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execution as per schedule.
6. Be directly responsible for supervision of the threeResettlement Officers appointed by RHD.
7. Liaise between the various institutional partners involvedin implementation (RHD, DCs, CCDB, Land Valuation AdvisoryTeams, GRCs), and arrange for periodic review meetings.
8. Liaise with various ministries to ensure necessaryadministrative and financial support, in consultation withthe Project Director.
9. Monitor progress in the implementation process pn behalf ofthe Pru)ect Director and point out need for correctivemeasures. Establish a system for regular monitor reporting.
10. All kinds of bills relating to resettlement/landacquisition will be passed and finalised by CRO.
5.5.2 Resettlement Officer CRO)
Background :
1. To implement the Resettlement Action Plan for RRMP-II, theproject will establish three resettlement offices, inRajshahi, Natore and Saidpur respectively. At each officethere will be personnel appointed by RHD and a field unitof CCDB.
2. The Resettlement Office will be managed by a ResettlementOfficer - RO (at the level of sub-divisional engineer). Thefield unit of CCDB will be managed by an Area managerreporting both to the RO and to CCDB Headquarters.
3. The Resettlement Officer tRO) will be directly responsibleto the Chief Resettlement Officer, except in approval ofpayments above the authority of a sub-divisional engineer,which will be channelled through the Project Manager.
Main tasks :
4. Function as officer in-charge for the RHD ResettlementOfficer with responsitility for timely implementation ofland acquisition and resettlement in the project areaconcerned.
5. Liaise with DCs in all matters pertaining to landacquisition, and participate in the Joint VerificationTeam.
6. Participate in and coordinate the Land Valuation AdvisoryTeam.
7. Participate and coordinate the Grievance RedressalCommittee.
8. Coordinate with CCDB Area Manager in all activities.
9. Approve all payments (schedules of payments) to be effectedby CCDB as entitlement under the Resettlement Policy.
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lo. Submit regular progress report to the CRO on payment ofcompensations and relocation of people.
5.5.3 Implementing NGO: CCDB
Background:
1. The World Bank's Operational pirective 4.30 requires thatthe organisational framework for managing resettlementmust be developed during preparation and adequate resourcesprovided to the responsible institutions. The organisationresponsible for resettlement should be strengthened whenentities executing infrastructure or other sector-specificprojects lack the experience and outlook needed to designand implement resettlement. In this case the choice wasmade to involve non-governmental organization (ChristianCommission for Development in Bangladesh) in planning,implementing and monitoring resettlement.
2. The fundamental principle underpinning the World Bank's OD4.30 is that PAPs should not be worse off as a result ofland acquisition and adequate efforts must be built intothe project to ensure this. The involvement of anorganization like the CCDB, working at grass-roots levelfor the rural poor for many years is one of the steps takento ensure that the mentioned goal is reached.
Objectives :
The main objective of CCDB is to assist RHD in the planning andimplementation of a Resettlement Action Plan for RRMP-II. Becauseof its long experience of working with the poor at the grassrootslevel, it is expected to represent the interests of the PAPs invarious decision making and implementation activities that willhave an impact on their life and living standard.
Mode of Work :
i. Overall planning and finalisation of resettlement schedulein consultation with CRO;
ii. Participation in joint verification of acquired propertyand conduct market survey of property through the LVAT toobtain prices for use in finalising compensation packages;
iii. Identification of PAPs by categories and issuance of IDcards;
iv. Finalisation of entitlement package for all PAPs inconsultation with TA Advisors and LVAT;
v. Information dissemination to PAPs on their entitlements andresettlement procedures;
vi. Effect payments linked to all entitlements in the Policywith the exception of land, structures and trees;
vii. Assistance to PAPs in obtaining compensation for land,structures and trees, in consultation with CRO;
viii. Assistance to PAPs in grievance redressal in consultationwith Grievance Committee;
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ix. Assistance to PAPs in physical resettlement includingfinding of suitable homestead sites for persons losinghomesteads with the help of DC's offices;
x. Special assistance to vulnerable PAPs including squatters,female headed households etc in their physical and economicrehabilitation in conjunction with other development pro-grammes (CCDB, DC's office, other development organisation/agencies in the governmental and non-governmental sectors);
xi. Liaison with the Administrative office of RRMP-II, theMinistry, various government and non-governmentalorganisation to ensure synchromisation and coordinatesmooth transition from acquisition to resettlement (RU);
xii. Monitoring all activities and reporting on progress andconstraints to relevant quarters in a timely fashion usingmodern technology (RU + CCDB).
xiii. CCDB should also develop a monitoring system to provideinformation on the progress of the programme, particularlyin relation to the engineering work schedules and to lookat any problems arising in the process. It is specificallyrequired to monitor the vulnerable as well as indirect PAPsto ascertain their relative socio-economic status(including employment and income) after land acquisition.CCDB will direct recruit the persons needed to establishthis monitoring system and the system should be functionalduring the full duration of the resettlement process.
5.5.4 Land Valuation Advisory Team
Background
1. The World Bank has a set of guidelines under it'sOperational Directive 4.30, which is binding for all Bankfunded projects involving land acquisition. OD 4.30stipulates that persons whose land is acquired shallreceive equivalent replacement land or the replacementvalue of the land lost. The latter principle will befollowed in the case of RRMP-II.
2. Land acquisition in Bangladesh is covered by the 1982 LAOrdinance. This Ordinance stipulates that land shall becompensated according to its market value plus a premium of50% in consideration of the compulsory nature of theacquisition (amended in 1993 to increase from 20 to 50%).At present the DC bases th3 calculation of market, in mostcases, on the value of similar properties in the vicinityas recorded in sales deeds registered during the twelvemonths preceding acquisition. Because sales deed values areunder-reported to avoid stamp duty, this has led to peoplenot being compensated at market or replacement value.
Objectives :
3. The objective of the Land Valuation Advisory Team is toassist the DC arriving at a compensation standard whichfulfills the requirement of OD 4.30 of compensation atreplacement value. The main task of the Team is to Purveythe land market in the areas where land will be acquiredfor RRMP-II, and establish the current market value for
65
different categories of land. These values will be used todetermine the replacement value for the land beingacquired. It is the requirement of the World Bank, that thecompensation paid by DC, including the 50% premium, isequal or more than the replacement value.
Composition of Team
4. A Land Valuation Advisory Team will be appointed for eachof the Districts where land acquisition will take place.The composition of the team is as follows
(a) Resettlement Officer - RHD (for the resettlementoffice concerned : Rajshahi, Nato-e or Saidpur), as.convener;
(b) Assistant DC Revenue or District Land AcquisitionOfficer for the district concerned;
(c) CCDB Area Manager (for the resettlement officeconcerned : Rajehahi, Natore or Saidpur;
(d) An independent consultant (to be contracts by CCDB andto participate in all teams).
5. The Land Valuation Team will be appointed by anAdministrative order issued by the Ministry ofCommunications. The Teams will. be advising the DeputyCommissioners concerned and report directly to them.
Mode of Work :
6. Information on land values can be obtained from a varietysources, and it the responsibility of the Team to make useof different methods, some of which are :
- information from District Revenue Office;
- information from land registration offices, includingvalves reported in sales deeds;
- survey among land owners in the area, preferablythrough group discussions;
- -obtain land transaction histories on plots in thearea;
- information from land brokers.
7. The Teams may have to make use of field assistance in thecollection of data. Such costs will be borne by CCDB.
Reporting :
8. The Teams shall submit their findings on the report to theDeputy Commission, with copies to the Chief ResettlementOfficer (RHD) and CCDB, not later than 4 weeks afterappointment.
9. The report shall outline the methods that have beenapplied. It shall explain and carefully define the types of
66
land categories being used in the report. The Report shallalso establish the expected annual rate of inflation onland prices, and estimate market value at the time ofeviction (ie mid 1995)
10. Land values shall be given in Tks. per decimal fordifferent types/qualities and locations.
5.5.5 Grievance Redressal Committee (ORC)
Background :
1. The World Bank's Operational Directive 4.30 requires thatadequate mechanisms are established to deal with grievanceand appears raised by project affected people. Experiencealso shows that effective grievance redressal mechanisms isa precondition for smooth implementation of a resettlementpolicy.
2. The 1982 LA Ordinance has established appeal procedures.The Grievance Redressal committees under RRMP-II, will becomplementary to these procedure.
Objectives :
3. The objective of the Grievance Redressal Committees is tohear individual grievances by people affected by landacquisition in relation to the Resettlement Policy for theproject. Where a grievance concerns issues covered by theappeal procedures outlined in the 1982 Ordinance, theCommittee will forward the case with their recommendationsto the DC. Where a 9rievance relates to project specificdefinitions of entitlement and entitled persons, theCommittee is em?owered to make a final decision.
Mode of Work :
4. The Ministry of Communications will by an AdministrativeOrder establish a Grievance Redressal Committee (GRC)workin9 for the Resettlement Offices in Rajshahi, Natoreand Saidpur respectively.
5. The composition of the Committees is
(a) the respective Resettlement Officer of RHD, or anyoneappointed by him;
(b) the respective Area Manager of CCDB, or any oneappointed by him;
(c) a member of the Union Parishad in the Union werecomplainant is registered as entitled persons.
6. A project affected persons/entitled person has 1 monthsnotice to appeal to the GRC after receipt/issued ofIdentify Cards in the his/her personal entitlements (if thetwo actions take place at different times). The appeal hasto be in writing and be submitted tO the RHD resettlementsoffice.
7. The GRC shall handle an appeal not later than 1 month afterit has been received. The GRCs shall keep written report of
67
all appeals received, and minutes of their meetings. Thecomplained shall receive a writing statement on thedecision/recommendation of the GRC.
B. The Resettlement Officer of RHD functions as thesecretariat of the GRC.
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CHAPTER 6
RESETTLEMENT BUDGET
6.1 Basis of the Compensation Budget
The Entitlement Policy agreed upon by the Government ofBangladesh and, the World Bank, a list of awardees preparedearlier SARM Associates and the latest (Chapter 2) socic-economicsurvey by CCDB constitute the basis for calculating thecompensation budget for the RAP.
In determining the compensation for land to be acquired,considerable uncertainties exist about their quality, prices andinflation rates over the next one year. These uncertainties canbe removed significantly after the )oint verification of propertylosses and a proper land market survey. Pending these events,however, some assumptions had to be made about the best possibleestimate under the circumstances. These are discussed below, withparticular emphasis on land.
6.2 Determination of Compensation for Land
Land is the single most important item in the compensationpackage. A proper compensation for it entails both an accurateestimation of its quantity and quality, and hence price. Theassumptions made in this regard are discussed below.
6.2.1 Estimates of Land to be Acquired
The estimation of land to be acquired was a difficult taskprimarily because the joint verification exercise had not beencarried out till the time of writing this Report. In its absenceall fiqures on the amount of land acquired are subject to errorsof various types depending on the method of estimation.
There were large variations between SARM estimates based ongeometrical methods using and CCDB results based on thestatements by the affected persons.
It is possible that acquisition figures have in general been overestimated or overstated by the PAPs in the survey. It certainlywas true in case of Saidpur where the northern by-pass wasdecided upon during the course of the survey and none of therespondents had any clear idea about what proportion of theirplots were actually going to be acquired. The situation becamefurther confused because the surveyors had reportedly consideredtwo alternative alignments in one section of the by-pass.
For preparing a budget for the RAP, the latest estimates providedby RHD have been accepted as the most accurate ones for the totalland at the 5 project sites. -
Rajshahi 59.50 haNatore 29.50 haSaidpur 26.01 haGhagot 3.69 haDasiria 2.55 ha
Total 121.25 ha
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6.2.2 Estimation of Land Price
According to the Entitlement Policy adopted for the RAP, land hasto be compensated at the current market price, ie that prevailingat the time of paying the compensation. Technically speaking, itnot only calls for an accurate estimate of the prevailing marketprice, but also a method of ectimating the potential rate ofprice inflation in the short run. Experience has shown that landprices shoot up at phenomenal rates wherever a new project comesin, particularly in case of infrastructural projects. Therefore,the land prices have been increased by 80 percent over thecurrent price for calculating the compensation. Most recentestimates already show an average inflation of around 25 percentover the last quarter. A price list of land (agricultural &homestead) is at Annex 4. It needs to be pointed out that theinflation factor has been taken care of in the budget through theitem Physical Contingency.
6.3 Compensation for the Loss of Other Assets
6.3.1 Trees
The number of trees of different sizes and species on land thatis going to be acquired has been obtained from the socio-economicsurvey. The prices for major species of trees at differentproject sites were collected through d quick market enquiry.
6.3.2 Compensation for Structures
The socio-economic survey by CCDB provided data on the number,size and building materials of all structures consisting ofdwelling units, kitchens, cowsheds, shops, rice processing yardsetc, along with their prices as estimated by the PAPs. Theseprices were increased by 20 percent to reflect a more realisticcompensation cost. A price list of structures is at Annex-4.
6.4 Compensation for Indirect Losses
The different types of indirect losses have been extensivelydiscussed in Chapter 2. Annex-4 presents a list of them withbrief explanations on the adopted rate of compensation for each.
6.5 Budget for RAP
The budget for carrying out the RAP of RRMP-II project is shownin Table 6.1 below in two parts. Part A shows the estimatedbudget for each area with a breakdown by the 8 loss categoriesmentioned in the policy matrix with sub-categories under some ofthem. Part B shows the implementation costs along with provisionsfor unforeseen costs and inflation.
The total budget is 280.7 million takas of which 61 percent isfor compensation, 11 percent for implementation and 27 percentis allocated to physical contingencies.
70
TABLS 6.1 s SUMMARY COST EST1MATE FOR LAND ACQUISITION AND RES3TTLEtENT
Loas Rajshahi Natore Saidpur Ghagat Da.udia TotalCategory
Qnty Value Qnty Value Qnty Value Qnty Value Qnty Value Qnty Value(1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk)
1. Agri Lands
a. Agrl Land 57.30 18,045 21.12 15,683 19.53 7,289 3.62 1,399 2.15 1,173 103.72 43,589
(ha)b. Trees (#) 1,084 1,501 16,872 23,782 599 446 - - 334 116 18,889 25,845
c. Crops 7,289 7,259 8,339 296 562 23,745
Sub-total 26,835 46,724 16,074 1,695 1,851 93,179
2. Eoaestead Land:
a. Land (ha) 2.20 1,901 8.38 31,050 0.17 210 0.07 85 0.40 990 11.22 34,236
b. Structure(#) 299 6,782 362 7,893 48 2,315 4 15 47 1,208 760 18,213
c. Relocation 553 724 93 7 91 1,468
d. Trees (1) 772 1,069 6,167 8,693 795 593 87 77 1,105 384 8,926 10,816
a. Rent for 3 117 225 21 2 26 391
months
Sub-total 10,305 48,360 3,211 184 2,673 64,735
3. sharecropping 28.70 1,418 2.11 124 13.29 657 0.83 41 1.01 SO 45.94 2,290
Loss (ha)
4. mortgaging 0.52 26 0.12 6 0.49 46 - - 0.06 3 1.19 81lose (ha)
5. wage Incomes
a. Wage 283 1,704 393 2,358 38 228 11 66 12 72 738 4,428Labourers (I)
Loss Rajshahi Natore Saidpur Ohagot Dasuria TotalCategory
Qntq Value Qnty Value Qnty Value Qnty Value Qntr Value Qoty Value
(1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk) (1) (000 Tk)
6. Structureon Unautho-rized Land:
a. Struc,tures(#) 77 859 202 1,156 a 93 1 0.4 7 47 295 2,159b. Relocation 77 158 202 464 8 16 1 2 7 14 295 654c. Grant for 36 360 203 2,030 10 100 2 20 9 90 260 2,600
Homestead (F)
7. Rented 3 18 - - 3 is - - 4 24 lO 60commercialStructure (I)
S. Business or 7 210 17 510 12 360 4 120 16 480 56 1,680
Industry (#)
Total 41,893 101,732 20,803 2,128 5,304 171,B60
Implementation Assistance * 32,002
Physical Contingencies *^ 76,496
Grand Total ^** 280,658
* Includes planning phase, see attached for details.
*' 30t on land, .20% on structure, 10% on all others high levels for land and structure due touncertainty in valuatlon of sons as indicate in RAP
"' SExludes price contingcies.
Diagram 1 : Second Road Rehabilitation and Maintenance ProjectProject Implementation Schedule: Rehabilitation Component
_i _994 1941 199S 199 17 199 _
SL No. Activity Q4 Q1 Q2 Q3 Q4 QI Q2 Qi Q4 QI Q2 Q3 Q4 QI Q2 Q3 Q4 QI Q2 Q3 Q4 QI Q2 Q3
I 1. Rehabilitadon _ _ _ _ _ _ -_ _ _ _ _ _ _ _ _ _
2 1.1 Preparatin of SBD
3 1.2 Prequalification of Contractor _ _
4 1.3 Tendering Period
S 1.4 Evaluation of Bids
6 1.5 Award of Contract
7 1.6 Contract Mobilisation
8 1.7 Start of Work _ _ L9 1.8 Construction Period
10 1.9 Maintenance Period
Diagram 2: Timefraiine for Land Acquisition and Resettlement
( \ww51t~~~~~~M IXM 1>"S Zi E -- t-
| uSIPS Sep 1Now tcanFeb sr rWMayiilu[Aug p Oa Now o hn Febml lk Mayul ul Aug lDoc m Feb l ar
vMa nxd S'idpur
.I fIa 3s adSa_ _
:Ate r.avCCV9 R _ _ _ _ _
S Phno-." or l _ _ _
IEL.-hla.h -CCDlRnLI* - -' ,jwnRemalauat pmawinl
1stiz___X I
I -- w I IOII I¶IW I I I I
Diagram 3: Organisational Linkages Between Civil WorksAnd Resettlement
CRO (Add. PCWD)
CCDB Rajslahi
|RO (SDE) DE)vb3|R l 11
IVT LVAT GRC JVT LAVATT G
Area _Area
Manager ManagerlRajsilalsi Natore Saicptir
Add. I'CWI) Additional Project Civil Works Director
GlRC = Grievance Rlciressal Committec
LAVI' Land Valuation Acivisory Team
CRO = Chief Itescttlemcit Ofrficr
R() = Resetticinicnt OMcer
Civil Works linkage
[I] Resettrenent - - - tenuous linkage
.: .:... . . Annex-l page 1 of 18
Th:. B4gqli4.sh Gazette
, .. .-- ss -wt raQrg'inarYPubiished by Authority
w *- . 4t: TUESOXy, A2.IL 13, 1982-
G.OVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESHMINISTRY OF LAW LAND APMINISTRATION AND LAND REFORMS
(Law and .Parliamdptary Affairs8 Division)
NOTIFICATIONDacca, the 13th April, 1982
No. 229-Pub.-The following Ordinance made by the Chief MartialLaw Adm.inistrator of the People's .Republic of Bangladesh, on the13th Agri . 1902,. hereby.,published.for general informat-ion .-r-
THE ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTYORDINANCE, 1982
ORDINANCE NO.II OF 1982AN
ORDI NANCE
to consolidate and amend the law relating to acquisition andrequisition of immovable property.
WHEREAS it is expedient to consolidate and amend the law relatingto acquisition arnd requisition of immovable property and toprovide for matters connected therewith and ancillary thereto;
Now, THEREFORE, in pursuance of the Proclamation of the twenty-fourth day of March, 1982, and in exercise of al.l powers enablinghim in that behalf, the Chief Martial Law Administrator ispieased to make and promulgate the following Ordinance
PART IPRELIMINARY
1. Short title.- This Ordinance may be called the Acquisition andRequisition of Immovable Property Ordinance,.1982.
2. Definition. - In this Ordinance, unless there is anythii..repugnant in the subject or context, -
(a) "Arbitrator" means an Arbitrator appointed under section27;
(b) "Deputy Commissioner" includes an Additional DeputyCommissioner and any other officer specially appoirted bythe Government to perform the functions of the l,eputyCommissioner under this Ordinance;
Annex-I (contd) pagc 2 of 1B
(c) "Owner" inrludes the occupier;
(d) "person interested", in relation to any property,..cludes all persons claiming, or entitled to claim, aninterest in the compensation payable on account of theacquisitior. or requisition of that property under thisOrdinance;
(e) "prescribed" means prescribed by rules made under thisOrdinance;
(f) "property" means immovable property and includes anyright in or over such property; and
(g) "requiring person" weans any person for whom any propertyis, or is proposed to be, acquired under this Ordinance.
PART IIACQUISITION
3. Publication of preliminary notice of acquisition property. -Whenever it appears to the Deputy Commissioner that any propertyin any locality is needed or is likely to be needed for anypublic purpose or in the public interest, he shall cause a noticeto be published at convenient places on or near the property inthe prescribed form and manner stating that the property isproposed to be acquired :
Provided that no property used by the public for the purpose ofreligious worship, graveyard and cremation ground shall beacquired.
4. Objections against acquisition. -
(1) Any person interested in any property which has beennotified under section 3 as being needed or likely to beneeded for a public purpose or in the public interest may,within fifteen days after the publication to the notice,object to the acquisition of the property.
(2) Every objection under sr:b-section (1) shall be made to theDeputy Commissioner in writing, and the DepuityCommissioner shall give the objector an opportunity tobeing heard either in person or by an agent and shallafter hearing all such objections and after making suchfurther inquiry, if any, as he thinks ne-:cssary, prepare areport containing his opinion on the objections.
(3) The Deputy Commissioner shall then submit the record ofthe proceedings held oy him, togetlher witlh his report, forthe decision of the Government.
Annex-1 (contd) page 3 of 18
5. Final decision regarding acquisition. -
(1) The Government, after considering the report submitted bythe Deputy Commissioner under section 4(3), shall make adecision about the acquisition of the property and suchdecision-of the Government shall be final.
(2) When the Government makes a decision for acquisition ofthe property under sub-section (1), such decision shall beconclusive evidence that the property is needed for apublic purpose or in the public interest.
6. Notice to persons interested. -
(1) When the Government has made a decision for acquisition ofany property under section 5; the Deputy Commissionershall cause public notice to be given in the prescribedmanner at convenient places on or near suchi propertystating that the Government has decided to acquire theproperty and intends to take possession thereof ancl thatclaims to compensation for all interests in such propertymay be made to him.
(2) Such notice shall state the particulars of the property tobe acquired and taken possession of, and shall require allpersons interested in the property to appear personally orby agent before the Deputy Commissioner at a time, notbeing earlier than fifteen days after the date ofpublication of the notice, and place mentioned therein andto state the nature of their respective interests in theproperty and the amount and particulars of their claims tocompensation for such interests.
(3) The Deputy Commissioner shall also serve notice to thesame effect in the prescribed form on the occupier, it anyof such property and on all persons known or believed tobe interested therein.
(4) The Deputy Commissioner may also, by notice, require anysuch person to make or deliver to him at a time, not beingearlier than fifteen days after the date of service of thenotice, and place mentioned thercin a statementcontaining, so far as may be practicable, the name ofevery other person possessing any interest in the propertyor any part thereof as co-sharer, mortgagee or otherwise,and of the nature of such interest and profits, if any,received or receivable on account thereof.
(5) Every person required to make or deliver a statement underthis section shall be deeded to bc legally bound to do sowithin the meaning of sections 175 and 176 of the PenalCode (XLV of 1860).
5e
Annex-i (contd) page 41.of 18
7. Award of Compensation by Deputy Commissioner. -
(1) On the date so fixed, or on any other date to which theenquiry has been adjourned, the Deputy Commissioner shallproceed to enquire into the statement, if any, which anyperson has made pursuant to a notice given under section 6and into the value of the property at the date of thepublication of the notice under section 3, and into therespective interests of the persons claiming thecompensation and shall make an award of -
(a) the compensation which, in his opinion, shall be allowedfor the property; and
(b) the apportionment of the said compensation among allthe persons known or believed to be interested in theproperty, of whom, or of whose claims, he hasinformation.
(2) The award made by the Deputy Commissioner shiall, except ashereinafter provided, be final.
(3) The Deputy Commissioner shall give immediate notice of hisaward to the persons interested.
B. Matters to be considered in determining compensation.-
(1) In determining the amount of compensation to be awardedfor any property to be acquired under this Part, theDeputy Commissioner shall take into consideration -
(a) the market value of the property at the date ofpublication of the notice under section 3 :
Provided that in determining such market value, theDeputy Commissioner shall take into account the averagevalue, to be calculated in the prescribed manner, or theproperties of similar description and with similaradvantages in the vicinity during the twelve monthspreceding the date of publication of the notice undersection 3;
(b) the damage that may be sustained by the personinterested, by reason of the taking of any standingcrops or trees which may be on the property at thetime of taking possession thercof by the DeputyCommissioner;
(c) the damage that may be sustained by -the personinterested, at the time of taking possession of theproperty by the Deputy Commissioner, by reason ofsevering such property from his other property;
Annex-i (contd) page 5 cf 1.S
(d) the damage that may be sustained by the personinterested, at the time of taking possession of theproperty by the Deputy Comumissioner, by reason of theacquisition injuriously affecting his otherproperties, movable or immovable, in any other manner,or his earnings;
(e) if, in consequence of the acquisition of the property,the person interested is likely to be compelled tochange his residence or place of business, thereasonable expenses, if any, incidental to suchchange; and
(f) the damage that may be resulting from diminution ofthe profits of the property between the date ofservice of notice under section 6 and the date oftaking possession of the property by the DeputyCommissioner.
(2) In addition to the market value of the property asprovided in sub-section (1), the Deputy Commissioner shallin every case award a sum of twenty per centum on suchmarket value in consideration of the compulsory nature ofthe acquisition.
9. Matters not to be considered in determining compensation.- Indetermining the amount of compensation to be awarded for anyproperty to be acquired under this Part, the Deputy Commissionershall not take into consideration -
(a) the degree of urgency which has led to theacquisition;
(b) any disinclination of the person interested to partwith the property to be acquired;
(c) any damage that may be sustained by him which, ifcaused by a private person, would not render suchperson liable to a suit;
(d).any damage which is likely to be caused to theproperty to be acquired, after the date of service ofnotice under section 6, by or in consequence of theuse to which it will be put;
(e) any increase to the value to the property to beacquired likely to accrue from the use to which itwill be put when acquired; or
(f) any alteration or improvement in, or disposal cf, theproperty to be acquire, make or effected without thesanction of the Deputy Commissioner after the date of.publication of the notice under section 3.
Annex-i (contd) page 6 of 18
10. Payment of compensation.-
(1) On making an award under section 7, the DeputyCommissioner shall, before taking possession of theproperty, tender payment of the compensation awarded byhim to the persons entitled thereto according to theaward, and shall pay it to them unless prevented by some-one or more of the contingencies mentioned in sub-section(2).
(2) If the persons entitled to compensation do not consent toreceive it, or if there be no person competent to receivethe compensation, or if there be any dispute as to thetitle to receive the compensation or as to theapportionment of it, the Deputy Commissioner shall keep.the amount of the compensation in a deposit account in thePublic Account of the Republic which shall be deemedpayment for the purpose of taking over possession of theproperty without any prejudice to the claim of the partiesto be determined by the Arbitrator :
Provided that any person admitted to be interested mayreceive such payment under protest as to the sufficiencyof the amount:
Provided further that no person who has received theamount otherwise than under protest shall be entitled tomake any application under section 28:
Provided further that nothing herein contained shallaffect the liability of any person, who may re-eive thewhole or any part of any compensation awarded under thisPart, to pay the same to the person lawfully entitledthereto.
11. Acquisition and possession.-
(1) When the compensation mentioned in the award has beenpaid or is deemed to have been paid in pursuance ofsection 10, the property shall stand acquired and vestabsolutely in the Government free from all encumbrances,and the Deputy Commissioner shall thereupon takepossession of the property.
(2) Immediately after the acquisition of the property undersub-section (1), a declaration by the Deputy Commissionerin the prescribed form to that effect shall be publishedin the official Gazette.
12. Abatement or revocation of acquisition proceedings.-
(1) Notwithstanding anything contained in this Ordinance,where in any case compensation has not been paid or
a0
Annex-L (contd) page 7 c.f 18
deposited within a period of six months from the date ofdecision of the Government for acquisition of anyproperty under section 5 for no fault of the personinterested, all proceedings in respect of suchacquisition shall, on the expiry of that period, standabated and a declaration by the Deputy Commissioner tothat effect shall be published in the official Gazette.
(2) The Deputy Commissioner, with the prior approval of theGovernment, may, by notification in the official Gazette,revoke all proceedings in respect of acquisition of anyproperty at any time before the payment of compensation.
(3) When any procecdings stand abatoel or any revokecl, theDeputy Commissioner shall make an award determining theamount of compensation due to the damage suffered by theowner in consequence of the notice or of any proceedingsthereunder and the costs reasonably incurred by him inthe prosecution of the proceedings under this Partrelating to the said property and shall pay thecompensation accordingly.
13. Acquisition of part of a house or buildings.- The provisionsof this Part shall not be applied for the purpose of acquiring apart only of any house, manufactory or other building, if theowner desires that the whole of such house, manufactory orbuilding should be so acquired :
Provided that the owner may, at any time, before the DeputyCommissioner has made his award under section 7, by noticein writing withdraw or modify his expressed desire that thewhole of such house, manufactory or building should be soacquired;
Provided further that, if any question arises as to whetherany property proposed to be taken under this Part does ordoes not form part of a house, manufactory or buildingwithin the meaning of this section, the decision of theDeputy Commissioner shall be final.
14. Acquisition of property at the cost of a person other thanthe Government.- Where the provisions of this Part are appliedfor acquiring any property at the cost of any fund controlled ormanaged by a person other than the Government, the charges of anincidental to such acquisition shall be defrayed from or by suchfund or person.
15. Transfer of acquired land to the requiring person other thanthe Government.-
(1) When any property is proposed to be acquired for anyperson other than the Government, such person shall enterinto an agreement with the Government in such form as may
.~~~~~~~~~~~~~i
Annex-L (contd) page 8 of Is
be prescribed before a notice under section 3 ispublished.
(2) When the property in respect of which an agreement hasbeen entered into with a person under sub-section (1) isacquired under section 11, the Government shall, on theperformance by such person of his part of the agreement,transfer the property to the person by executing a deedin such form as may be prescribed and in accordance withthe law for the time being in force.
1i. Recovery of compensation in certain cases.- When anycompensation paid is in excess of the amount payable or when anycompensation is paid to a person other than the rightful owner,the amount of such excess or wrong payment shall be recoverable
a public demand.
17. Use of acquired property.-
(1) No property acquired under this Part shall, without theprior approval of the Government, be used for any purposeother than the purpose for which it is acquired.
(2) If any requiring person uses any acquired property incontravention of the provision of sub-section (1), ordoes not use it Eor the purpose for which it is acquired,he shall be liable to surrender the property to thieDeputy Commissioner on being directed by him to do so.
PART IIIREQUISITION
l8. Requisition of property.-
(1) When any property is required temporarily for a publicinterest, the Deputy Commissioner may, witlh the priorapproval of the Government, by order in writing,requisition it;
Provided that no such approval shall be necessary in thecase of emergency requirement of any property:
Provided further that, save in the case of emergencyrequirement for the purpose of maintenance of transportor communication system, no property which is bona fideused by the owner thereof as the residence of himself orhis family or which is used either for religious worshipby the public or as an educational institution ororphanage or as a hospital, public library, graveyard orcremation ground shall be requisitioned.
(2) Where an order madc under sub-section (1) has beensenved, the Deputy Commissioner may take possession of
60'
AnlOX-1 (contd) page 9 of 18
the requisitioned property-
(a) in the case of emergency requirement for the purposeof maintenance of transport or communication system,at any time after the date of service of the order;
(b) in any other case, after the expiry of thirty daysfrom the date of service of the order,
and may use the property for the purpose for which it hias beenrequisitioned.
(3) Except with the prior approval of the Government,noproperty shall be kept under requisition for a periodexceeding two years from the date of taking overpossession of such property.
19. Revision.- The Government may, of its own motion or onapplication filed by an agrieved person, revise an order madeunder section 18 (1):
Provided that no such application shall be entertained unlessit is filed within thirty days from the date of service of theorder.
20. Award of composition by Deputy Commissioner.-
(1) Where any property is requisitioned under this Part,shall be paid compensation the amount of which shall bedetermined in the manner and in accordance with theprinciples set otut in this section.
(2) The Deputy Commissioner shall, after giving the personsinterested opportunity of being heard in respect of theirrespective interests in the property and the amount andparticulars of their claims to compensation for suchinterests and having regard to the provisions of sub-section (5), make an award of-
(a) the compensation in the manner as may be prescribed;and
(b) the apportionment of the said compensation among allthe persons known or believed to be interested in theproperty, of whom, or of whiose claims, he hasinformation.
(3) The award made by the Deputy Commissioner shall, expectas herein after provided, be final.
(4) The Deputy Cormissioner shall give immediate notice ofhis award the persons interested.
1xnnex-1 (contd) page 10 of 18
(5) The amount of compensation payable for the requisition ofany property shall consist of-
(a) a recurring payment in respect of the period ofrequisition, of a sum equal to the rent which wouldhave been payable for the use and occupation ol theproperty, if it had been taken on lease for, thatperiod; and
(b) such sum, if any, be found necessary to compensatethe persons interested for all or any of thefollowing matters, namely:-
(i) expenses on account of vacating therequisitioned property;
(ii) expenses on account of reoccupying the propertyupon release from requisitioned; and
(iii) damages, other than normal wear and tear, causedto the property during the period ofrequisition, including the expenses that mayhave to be incurred for restoring the propertyto the condition in which it was at the time ofrequisition.
(6) Where any property is kept under requisition for morethan two years, the Deputy Commissioner shall revise hisaward regarding the amount payable as compensation undersub-section (5)(a).
21. Payment of compensation.-
(1) On making an award under section 20, the DeputyCommissioner shall tender payment of the compensationawarded by him to the persons entitled thereto accordingto the award, and shall pay it to thiem unless preventedby someone or more of the contingencies mentioned in sub-section (2).
(2) If the persons entitled to compensation do not consent toreceive it,or if there be no person competent to receivethe compensation or as to the apportionment of it, theDeputy Commissioner shall keep amount of the compensationin a deposit account in the Public Account of theRepublic which shall be deemed payment of thecompensation for the requisitioned property without anyprejudice to the claim of the parties to be determined bythe Arbitrator:
Provided that any person admitted to be interested mayreceive such payment under protest as to the sufficiencyof the amount:
Annex-l (contd) page 11 of 18
Provided further that no person who has receivedi theamount otherwise than under protest shall be entitled tomake any application under section 2B:
Provided further that nothing herein contained shallaffect -the ability of any person who may receive thewhole or any compensation awarded under this Part, to) paythe same to the person lawfully entitled thereto.
22. Recovery of money from allottees of requisitioned property.-Where any requisitioned property is allotted to, and placed inpossession of, any person, the Deputy Commissioner may recoverfrom such amount of money and in such manner as may beprescribed.
23. Repair of requisitioned property.-
(1) During the period of requisition, the Deputy Commissionershall be responsible for the.proper maintenance of arequisitioned property.
(2) If the Deputy Commissioner is satisfied that repairs arenecessary to prevent deterioration of the property, hemay, afteri giving the owner an opportunity of making therepairs himself, cause the repairs to be made at a costnot exceeding one-sixth of the compensation payable tothe owner and such cost, shall be recovered out of suchcompensation.
24. Release from requisition.-
(1) Where any requisition property is to be released fromrequisition, the Deputy Commissioner may restore it tothe person from whom the property was requisitioned or tohis successor-in -interest or such other person as mayappear to the Deputy Commissioner to be entitled to suchrestoration.
(2) The delivery of possession of the requisitioned propertyto the person referred to in sub-section (1) shal. be afull discharged of the Deputy Commissioner from allliability in respect of such delivery, but shall notprejudice any right in respect of the property which anyother person may be entitled by the process of iaw toenforce against thc person to whom possession cof theproperty is so delivered:
Provided that when the person to whom the requisitionedproperty is to be restored on release from-requisitionwilfully neglects or refuses to take delivery of therequisitioned property on being directed in writing totake possession of such requisitioned property by theDeputy Commissioner, such requisitioned property shall be
Annex-i (contd) page 12 .f 18
deemed to have been restored to such person within themeaning of this sub-section with effect from the date andtime specified in the aforesaid direction.
(3) Wrere the person to whom possession of any requisitionedproperty is to be delivered cannot be found and has noagent of other person empowered to accept delivery on hisbehalf, the Deputy Commissioner shall cause a noticedeclaring that the property is released from requisitionto be affixed on some conspicuous part of the propertyand shall also publish the notice in the officialGazette.
(4) when a notice referred to in sub-section (3) is publishedin the official Gazette, the property specified in suchnotice cease to be subject to requisition from the dateof such publication and be deemed to have been deliveredto the person entitled to possession thereof: and DeputyCommissioner shall not be liable for any compensation orother claim in respect of the property for any periodafter the said date.
25. Eviction of allottees.- Notwithstanding anything contained inany other law for the time being-in force, if any property underrequisition, which has been allotted to any person or is inunauthorised occupation of any person,. is required by the DeputyCommissioner for any other use or purpose during the period ofrequisition or for restoring the property under section 24 on itsrelease from requisition, or if the allottee of such propertyunder section 24 on its release from requisition, or if theallottee of such property has defaulted in payment of any sum duefrom him in respect of such property, the Deputy Commissioner,may,at any time, by order in writing, direct such person orallottee to vacate the property by such date as may be specifiedin such date as may be specified in such order,and if such personor allottee does not vacate the property by the date sospecified, the Deputy Commissioner may evict such person orallottee from such property and may use or cause to be used suchforce for the purpose as may be necessary.
26. Part not to apply to Cantonment.- Nothing in this Part shallapply to any property within the limits of a Cantonment.
27. Appointment of Arbitrator.- For the purposes of this Act, theGovernment shall, by notification in the official Gazelle,appoint a Judicial Officer, not below the rank of SubordinateJudge, to be Arbitrator for such area as may be specifiedtherein.
28. Application to Arbitrator.-
(1) Any person interested who has not accepted any award madeby the Deputy Commissioner under this Act may.within
Annex-I (contd) page 13 of 18
forty-five days from the date of service of notice of theaward, make an application to the Arbitrator for revisionof the award.
(2) The application shall state the grounds on whichobjection to the award is taken.
29. Notice for hearing.- The Arbitrator shall,on receipt of anapplication under section 28, cause a notice specifying the dateon which he will prQceed to hear the application, and directingtheir appearance before him on that day, to be served on thefollowing persons, namely:-
(a) the application;(b) all persons interested in the objection;(c) the Deputy Commissioner, and(d) the requiring person.
30. Scope of proceedings.- The scope of the enquiry in everyproceedings before the Arbitrator shall be restricted to aconsideration of the interests of the persons affected by theobjection.
31. Arbitrator to be guided by sections 8,9 and 20.- Indetermining the amount of compensation to be awarded for anyproperty acquired or requisitioned under this Act, the Arbitratorshall be guided by the provisions of sections 8 and 9 or 20, asthe case may be.
32. From of award of Arbitrator.-
(1) Every award under this Part shall be in writing-signed bythe Arbitrator, and shall specify the amounts cwardedunder different clauses of section 8(1) or section 20(5), as the case may be, together with the grounds ofawarding each of the said amounts.
(2) Where the amount of compensation determined by anArbitrator is highcr than the amount specified in theaward of the Deputy Commissioner,an additionalcompensation at the rate of ten per annum on suchadditional amount shall, subject to the decision of anAppellate Arbitration Tribunal, if any, be payable tillthat amount is paid or offered for payment.
(3) Every such award shall be deemed to be a decree and thestatement of the grounds of every such award a judgementwithin the meaning of section 2(2) and section 2(9)respectively of the Code of Civil Procedure,1908(v of1908).
33. Costs.- Every such award shall also state the amount of costs.incurred in the proceedings under this Part, and by what persons
annex-l (contd) page 14 17f 18
and in what proportions they are to be paid.
34. Appeal against the award of Arbitrator.-
(1) An appeal shall lie to the Arbitration AppellateTribunal, constituted under sub-section (2) against, anaward of the Arbitrator.
(2) The Government shall, by notification in the officialGazette, constitute one or more Arbitration AppellateTribunals for such areas as may be specified therein.
(3) An Arbitration Appellate Tribunal shall consist of amember who shall be appointed by the Government fromamong persons who are or have been District Judges.
(4) A decision of the Arbitration Appellate Tribunal shall befinal.
(5) Where the amount of compensation determined by anArbitration Appellate Tribunal is higher than the amountspecified in the award of the Arbitrator, an additionalcompensation at the rate of ten per cent per annum onsuch additional amount shall be payable till that amountis paid or offered for payment.
35. Act X of 1940 not to apply.- Nothing in the Arbitration Act,1940(X of 1940),shall apply to arbitrations under this part.
PART VMISCELLANEOUS
36. Deputy Commissioner and Arbitrator to have certain powers ofCivil Court.- The Deputy Commissioner and the Arbitrator, whileholding any enquiry or proceedings under this Act, shall have thesame powers as are vested in Civil Court under the Code of CivilProcedure, 1908 (v of 1908),for the purpose of--
(a) summoning and enforcing the attendance of any person,and examining him on oath;
(b) compelling the production of any document or record:
(c) reception of evidence on affidavit;
(d) issuing commission for examination of witnesses;
(e) requisitioning any public record from any court oroffice.
'I
7nnex-1 (contd) page 15 of 18
37. Power to enter and inspect.-
(1) With a view to acquiring or requisitioning any propertyor determining the compensation payable in respectthereof or securing compliance with an order made underthis Ordinance, the Deputy Commissioner or any officer,generally or specially authorised by the DeputyCommissioner in this behalf, any of the assistants andworkmen may -
(a) enter upon and survey and take levels of anyproperty:
(b) inspect any property or anything therein;
(c) measure and set out the boundaries and prepare a planif any property and the intended line of the work ifany proposed to be made thereon;
(d) mark such levels boundaries and line by placing marksand cutting trenches, and, where otherwise the surveycannot be completed and the levels taken and theboundaries and line marked, cut down and clear awayany part of any standing crop, tree or jungle:
Provided that no person shall enter upon any propertywithout the consent of the thereof unless at leasttwenty-four hours, previous notice in writing of hisintention to do so has been given.
(2) The Deputy Commissioner or the officer authorised by himunder sub-section (1) shall, at the time of entry uponany property, pay or tender payment for all necessarydamage to be done in such property, *and, in case ofdispute as to the sufficiency of the amount so paid ortendered, the decision of the Deputy Commissioner shallbe final.
38. Power to obtain information.- With a view to acquiring orrequisitioning any property or determining the compensationpayable in respect thereof, the Deputy Commissioner may, by orderin writing, require any person to furnish to such officer orauthority, as may be specified in the order, such information inhis possession as may be specified relating to any property whichis acquired or requisitioned, or intended to acquired orrequisitioned, under this Ordinance.
39. Service of notices and orders.-
(1) Save as otherwise expressly provided in this Ordinanceand subject to rules made thereunder, every notice ororder issued or made under this Ordinance shall be servedby-delivering or tendering it to the person on whom it is
I Annox-I (contd) page l61of 18
required to be served under this Ordinance.
(2) When such person cannot be found or the notice or ordercannot be so delivered or tendered , the service of thenotice or order may be made by delivering or tenderingit to any officer of such person or to any adult malemember of the family of such person residing with him or,if no such officer or member can be found, by affixing acopy thereof on the outer door or on some conspicuouspart of the premises in which that person ordinarilyresides or carries on business or personally works, forgain, and also by affixing a copy thereof in someconspicuous place in the office of the authority orofficer issuing or making it and, where possible, in someconspicuous part or the lzroperty tso whieh it rclates:
Provided that, if such authority or officer so directs,the notice or order may be sent by registered post in aletter addressed to the person named therein,or on whomit is required to be served, at his last known residence,address or place of business or work.
40. Penalty.- Any person who contravenes or attempts tocontravene or abets or attempts to abet a contravention of anyorder made under this Ordinance or who wilfully instructs anyperson in doing any of the acts authorised or permitted underthis Ordinance or any rule made thereunder shall be punishablewith imprisonment for a term which may extend to six months,orwith fine which may extend to one thousand taka, or with both.
41. Enforcement of surrender.- If the Deputy Commissioner opposedor impeded in taking possession of any property under thisOrdinance, he shall enforce the surrender of the property tohimself, and may use or cause to be used such force for thepurpose as may be necessary.
42. Exemption from stamp duty and fees.- No award made under thisOrdinance shall be changeable with stamp duty, and no personclaiming any interest under such award shall be chargeable withstamp duty, and no person claiming any interest under any suchaward shall be liable to pay any fee for a copy of the same.
43. Indemnity.- No suit, prosecution or other legal preceedingshall lie against any person for anything which is in good faithdone or intended to be done in pursuance of this Ordinance or anyorder or rule made thereunder.
44. Bar to jurisdiction of Court.- Save as otherwise expresslyprovided in this Ordinance, no Court shall entertain any suit orapplication against any order passed or any action taken underthis Ordinance, and no injunction shall be granted by any Courtin respect of any action taken or to be taken in pursuance of anypower conferred by or under this Ordinance.
Annex-l (contd) -page 17 of 18
45. Delegation of powers.- Tho Government may, by order nctifiedin the official Gazette, direct that any power conferred or anyduty imposed on it by this Ordinance shall, in such circumstancesand under such conditions, if any, as may be specified in theorder, by exercised or discharged also by such officer orauthority as may be so specified.
46. Power to make rules.-
(1) The Government may, by notification in the officialGazette, make rules for carrying out the purposes of thisOrdinance.
(2) In particular, and without prejudice to the generality ofthe foregoing power, such' rules may provide for .11 orany of the following matters, -namely :-
(a) the procedure to be followed in taking possession ofany property acquired or requisitioned under thisOrdinance;
(b) the procedure to be followed by the Arbitrators andArbitration Appellate Tribunals;
(c) the manner of enforcement of surrender of any propertyunder section 41;
(d) any other matter which has to be or may be prescribed.
47. Special savings relating to expired E.B. Act XIII of 1948.-Notwithstanding the cesser of the Emergency Requisition ofProperty Act, 1948 (E.B. Act XIII of 1948), on the expiry of theperiod of its operation, all proceedings and matters, includingall notices, notifications and orders, relating to requisition oracquisition of any property or compensation or award in respect.of any property requisitioned or acquired and all applicationsand appeals pending before any atithority, arbitrator or courtunder that Act shall be continued, enforced, hcard or disposed ofas if that Act had not ceased to have effect and were continuingin operation.
418. Repeals and savings.-
(1) The Land Acquisition Act, 1894 (I of 1894), is herebyrepealed.
(2) Notwithstanding such repeal, all proceedings and matters,including all notices, notifications and orders, relatingto requisition or acquisition of any property orcompensation or award in respect of any propertyrequisitioned or acquired and all applications andappeals pending before any authority, arbitrator or courtunder the said Act shall be continued, enforced, heard or
Annex-I (contd) page 18 of 18
disposed of as if this ordinance had not been made andprgmulgated.
(3) Subject to the provisions of sub-section (2), theprovisions of the General Clauses Act, 1897 (X of 1897),shall apply to the repeal and re-enactment of the saidAct by this Ordinance.
HUSSAIN MUHAMMAD ERSHAD, ndc, psc.Dacca; LIEUTENANT GENERALThe 13th April, 1982. Chief Martial Law Administrator
MANIRUZZAMANDeputy Secretary
Tit 1bzRLD B13SK OPERATIONAL MNIA5AL June 19OD 4.30
Operational Directive Parc lof 8
Involuntary Resettlement
Introduction by a proicet rcceivcs benerfis from it. Involunwazyresettlement is an intcgral part ot projcci designand should bc dcalt uith from the earliest stages
This directivc dcscribes Bank1 policy and of project prcparation (para. 28). taking inioprocedures oan involuntary resettlemcnt. as wcll accountthefollowingpolicyconsiderations:as the conditions that borrowers are cacpcted tomcct in operations invol%ing involuntary (a) Involuntary csctilcmcnt shoule berescutimcnt.2 Planning and financing rcscitlc- avoided or miflimired whCTc fCasinic,ment components or free-standing projects arc cxploring all viablc altcrnaliv projcctan integral part of preparation (or projects that designs. For cxample, rcalignment ofcause involuntary displacemnent. Any operation roads or reductions in dam heighW maythat involves land acquisition or is screened as a signifcntly reduce rmscttlement needs.Category A or B project for enmironmental as-sessifcnt purposes3 should be re%iewed for (b) Where displacement is unavoidable, recpotential rmsettlcment requirements early in ihe scittcteni plans should bc dcvelopcd.project cycle (para. 20). AUl involuntary rescitlement should be
conccived and cxecuted as developmentDevelopment projccts that displace pcopic grocrams, with resettlcrs provided s,d-
involuntarily generally give rise to severe ficient investment rmsources and oppor.economic, social, and cnironmental problcms: tunitics to sharc in project bencti:s.production svstems are dismantied. prductive Displaced persons should be (i) wcm-assets and income sources arm lost; people arc pensated for their losses at full replace-rclocated to environmcnts w%here their productive mnen cost prior to thC aCtual movc:skills may be Icss applicable and the compctition (ii) assistcd with the movc and sup.tor resourccs greater. community structures and ported during the transition period insocial networks are weakened; kin groups arc the rcscttlcment site; and (iii) assistcddispersed; and cultural identity, traditional in their cfforts to improve their fcnmerauthority. and the potential for mutual help arc lning standards, income canuingdiminished. Involuniary rsettlement may cause capacity, and production levels, or atscvere long-tern hardship, impovcrishment, and least to restore them. Particular at.environmcntal damage unless appropriatc rncas- Icntion should bc paid to ihc nceds ofurcs are carcfully planncd and carricd out.5 the poorcst groups to be rcsctiled.
Poliy Objiectis (c) Community participation in planningand implementing reswttlement shculd
*. Thc obictive of the Bank's resettlement bc encouraged. Appropriate patterns ofpolicy is to cnsurr that the population displaced social organization should bc cstab-
1 "Rank" indudes IDA. and 13n13 indudes credits.Sce aim Imluham Realenlve"ir in Dnrlopenh PJtijecab, Wa:ld flank Tcblinral l'aper No. EO t Washingion. D.C: Tec voar1d
01) 4 QAnnex A. £,s,vwuaJlAsem_g para. 38' Such prmccu may inluide consuction or esiabl%h;uec' or (a) dans, (b) w to%= or pons (c) housiaf and utban.- . inftasistruct (d) mincL re) lre idusJa plats (tl) raMis or highwas. (g) irritadoo canals and (O) natoa puls erpoticcted arcasl Refugccs Ikn natural diwicts, -ar. or end strnile am ac inoluntawv mette, but ty WC not duewndin diM d rncu (ace OD 830. En y R cw-Au,immec
OD 4.. Annts A. E£n4mpueal Apsw'.& puz 2, and Anes A3.
rqu Awnvw was pvpw d fmw Ar guiSvwr of paleff f WOW U¶4d Jen S'S4 m is an L m ccai " wrie'I? .*"usni o dv sui*:a cro-.wed
------------------------------- ailtts x
Iit MbOm. BR A 3i OPEanoMNAL MA.-ICA JUwe IYWOD 430
Operational Directive Pngc2
lished, and existing social and cultural Plan Contentinsuitutions of resettlers and their hosIs6
should be supported and used to the S. Thc content and level of detai of rm-gratest extent possible. settlement plans, which will vary with circun-
stances, especially the magnitude of rmsettkl-(d) Rcsetticrs should be intcgrated socially mcat, sbould normally include a statlerm t of
and economically into host commun- objectives and policies. an executive summaty.ities so that adverse impacts on host and provision for the following:communities are minimized. The bestway of achieving this integration is rorrmsettlement to be planned in areas (a) organizational.responsibilitics (para. 6);benefiting from ihc project and throughconsultation with the future hosts. (b) community participation and iniegra.
tion with host populations (paras. 7.10);ie) Land, housing. infrastructur, and othcr
compensation sbould be provided to the (c) socioeconomic survey (para. II);advecry affected population. indigc-nous groups, cthnic minorities, and (d) legal framework (para. 12);pastoralists who may have usufruct orcustomary rights in thc land or other (e) alternative sitcs and selcction (para. 13);resources taken for the project. ITe ab-sence of legal title to land by such (I) valuation of and compcnsation faa lostgroups should not be a bar to com- asets (pans. 14-I6);pensation.
(g) land tenure, acquisition, and transferRsttlcment Planning (para. 17);
4- Vhcrc large-scale8 population displacc- (b) acccss to training, cmployment, andmcant is unavoidable, a dctailed rescttlement credit (p3ra. 18);plan, timetable, and budget are required.Resettlement plans should be built around a (i) sheiter, infrastructure, and social scrv-dcvclopment strategy and package aimed at iccs (para. 19);improving or at lcast restoring the economic basefor thosc rclocatcd. Experience indicatcs that () environmental protection and manage-cash compensation alone is normally inadequatc. ment (pan. 20); andVoluntary setilement may rorm part of a re-witlement plan, provided measures to address (k) implementation schedule, monitoring,the spccial circumsranccs of involuntary recstilcrs and cvaluation (paras. 21-22).-rc included. Prference should be given to land-Oased rcscuttcment strategics for pcople dis.incated froni agicultural scttings. If suitable land Cost cstimates should be prepard for thcsets unavailabic, nonland-bascd strategies built activities. and th.y should bc budgctcd andaround opportunities for employment or scil- schedulcd in coordination with the physical workscmploYmcnt may be used. of the main investment project.
6 Hwt eoi tiu necemag rcseeticsSece OMS 234, Mba oplek in ,k4-Fi'wwdPwject to be reiuued as OD 4A T&. Peopke.
f When eonl a lew Peopl (e4;. about 1r.200 utiidua) ut to be relocate. appropriatc compnstio tor &=ew lStiasupPs toi moming. and a rfocat3on giant asy be the onh: requirnmemn. li0emr, the pinciplea on whicbh ampnsation asto be bascd uc the same as for larzcr gmup.
I dcm W mm rPadp o fdfrASe pidawe of noJy ofe dVOd euund is m.ccswaelpaue re aw ofle ob
TiIE WORLD BANSK OPEAIONAL. MAXUAL June 1990OD 4.30
Operational Directive 3 os
0,ganLaioal p eation. participation, and feedback. the affectedhosts and rescttlcrs necd to be systcmatically
6. The responsibility for resettlement rmsts informcd and consulted during preparation of thcwith the borrower. Tne organizational frame- resettlement plan about their options and rights.work for managing resettlement must be They should also be able to choose from adevcloped during preparation and adequate number of acccptable rscttlcment alternatives.rcsources provided to the rcsponsible institutions. Thcsc stcps can bc tukcn dirctly or throughThc organization responsible for resettlement lormal and informal leaders and representatives.should be strengthened when cutities executing Erpericnce has shown that local NGOs can ofteninfrastructure or other sector-specific projects provide valuabic assistance and cnsure viablelack the expcriencc and outlook needed to design community participation. Moreover, institution-and implement resettlement. One alternative is alized arrangements, such as rcgular meetingsto create a special resettlemenL unit within the betwcen project orficials and communities, shouldproject entity: this can facilitate the involvement be provided for resetlers and hosts to commu-oT other line agencies. Another altemativc is to nicate their conccrns about the reseticmentcntrust rescutitment to the regional or town progam to project staff ltroughout plaaning andadministration that knows the population and implemcntation.21 Particular attention must bearca. can mobilize local egertisc. speaks the given to ensure that such vulnerable groups asresettlers' language, and will ltimately be indigenous people, ethnic minorities, the landless,rcsponsiblc for the integration of rsettlers into and women are rcpresented adequately in suchthe host population and area. Ther also may be arrangements.considerable scope for anvolving nongovern-mcntal organizations (NGOs) in planning. im- 9. Tlc plan should addrcss and mitigatc r-plemcnting. and monitoring rsettlement. 9 seWernents impact on host populations. Host
communities and loul governments should beCommunity Paricyiaon and hmg'ation with informed and consulted. Any payment ouc theHost Populaton hosts for land or other assets provided to
resctucrs should bc promptly rendered. Conflicts7. Most displaced people prefer to move as between hosts and resettlers may develop aspart of a prxssting community. ncighborhood, increased demands are placed on land, water,or kinship gmup. The acceptability of a resettle- forests, services ctC., or if the rcscttlers arcment plan can be increased and thc disruption provided sermices and housing superior to that ofcaused by rsettlement can be cushioned by the hosts. Conditions and services in host com.moving people in groups. reducing dispersion. munitics should improvc or at least not dc-%ustaining existing paticrns of group organization. tcriorate. Providing improved cducation. water.and rctaining access to cultural property1l health, and production scr%iccs to both groupstcinpics pilgrimnagec centers, etc.). if nccssary. fosters a better social climate for their inte-
through the relocation of thr property. gration. In the long run, the cxtra investment willhclp ptcvcnt conilicts and securc the project's
S. The involvement cf involuntaty rsctlecrs aiMs.and hosts in planning prior to the move is critical.Initial resistance to the idca of involuntary rm- 10. Successful resettlement requires a timely%ettlement is io b expected. To obtain coopcr- transfer or responsibility from sctetemc:it agcn-
° Scc OD 147, l?Q omwng Nongorenmmaut lnpkadwu m 1Iinnk-SuppWecdAc*iF410. See OPN IL03. an qf CdofiePuper yi 5n -FinancedlWem to bc rceimed as OD S.SQ, Culauirope1 IDsputs of vuying kinds may rise in the poceu of implmcration of thc agrced wrcutlcment plan. 'hese conicts enuld
lake the fonn of appeals related to the eompcnsarion payaMe to s*let'cd psarn conctri bclwcen thc displaced lerau andthe host poplation, appeals lo the agency charged with the implemncnutton of the resettemcnt wth tqad to utwicesprormikd. etc. 1 i thrclorc imponut to devisc schemcs for onflict roluuion for all resetidicnet pla. Such whetacisboal4 as Iu at pwlble. takc into cout eusting procedutts for enlting disputes in the counuy or aug cosnwrmed.
^us dimcmr su jvetp_,ered(i uidancc o{Sf sae!ih Ieid Be'ak and it waecbua'Uv eomC'/nml' I,WAlli WinE isP/FnDt fif
I IIE W LOM ZSANIC OPERATONAL MAXUAL D 1430
Operational Directive Page 4 or 8
cis to the settlers themselves. Otherwise, a lteremnaive Sies and Sekectiondependency relationship may aft, and agencyresources may become tied up in a limited num- 13. Tbc identication of sveral possiblc re.ber of co3tinually supervsed schemes. Local location sites and the demarcation of sewctedleadership must be encouraged to assume sites is a critical step for both rural and lrbanresponsibility for eovionmental managemnent resettlement. For land-based resettlement.. theand infrastructure maintenance. new site's productive potcntial and locational
advantages should be at east equivalent to thoseSocioeconomic Survy rf thC old site. The Bank encourages "land for
land" approaches. providing replaccment land atI1. Resettlement plans should be based on least equivalent to the lost land. For rural set-recent information about thC scale and impct of llers irrigation, land reclamation, trce croprescttlemcnt on the displaced population. In ad- devlopment, intensirication of prduction. anddition to descnbing standard housebold charac- other innovations often can provide adequatctcnstics. socioeconomic surveys should dcscribe production potcntial on lmited amounts of land(a) the magnitude of displacement; (b) infor. to reseule agriculturalists, even in countnies withmation on the full resource base of the afectd higb population densities In sclecting sites, ;t*population, including income derived from tention must bc paid to the availability of sourcesinfonnal sector and nonfarm activities, and from of off-farm income (fishing, gathering forestwommon property, (c) the extent to whicb groups products, seasonal wage emnployment) towill experience total or partial loss of assets; complement farm income. For urban mseulers,(d) public infrstrucure and social scevices that the new site should cnsure comparable access towill be affected; (e) formal and informal insti- cmployment. infrastructure, servcms, and pro-tutions (such as community organizations, ritual duction opportunities. For botb rural and urbangroups, etc.) that can assist %%ith designig and resettlement, the borrower necds to (a.) dic~elopimplementing the resettlemeAt progams; and institutional and technical arangements for(f) attitudes on rcscttlcmemt options. Sociocco- identifying and prcparing relocation sit e.g.,nomic surveys. recording the names of affected pooling togcther small plot, wasteland recla-families, sbould be conducted as early as possiblc mation, land leveling, and terracing' (b) draw upto prevent inflows of population incligibic for timetables and budgets for site prcparation andcompensation. transfer, (c) makc lCgal arrangements for trans-
(Crring titles to rescitlcrs and (d) coasider, whcnLegal Frametork ntcessary, a temporazy frcez on land tans-
actions within the relocation area to prcvcnt land12. A dear understanding of the legal issues speculation. Though the Bank does not normallyinvolved in resettlement is needed to design a disburse against land acquisition. it can rinanccfoasible rcsettlcmcnt plan. An analysis should be land improvement to accommodalc resettlers.made to determine the nature of the legal frame.work for the resettlement envisaged, including(a) thC scopc of the power of eminent domain, Valuation of and Compensation for Lost Assetsthe nature of compensation associated with it,hoth in terms or the valuation nmethodolog and 14. Valuation of lost asMts should be mtdc atthe timing of payment; (b) the legal and admini- their replacement cost. Compensation is faci-strativc procedures applicable, including thc ap- litated by (a) paying spccial attention to thepeals process and the normal time-frame for such adequacy of the lcgal arrangcrrents concerningprocedures; (C) land tidtling and registration pro- land title, rgistration, and sitc occupation;cedures. and (d) laws, and regulations relating to (b) publicizing among peopic to be displaced thethe agencies responsible for implementing re- laws and regulations on valuation and co.pcn.ctilcmcrnt and thosc related to land compen- sation; (c) establishing criteria for determining
sation, consolidation. land use, environment. the rescttlment ecligibility of affected households.water use, and social wclfare. e.g., bouseholds that have only panially bst their
77t& dw6ie m pwpovdfosh pidwe of jyofka IV D& oun l mm aw e* comvrn rw9'Ie of ik v ma VA.
* TljE *IDoau BA,.i OPERATlIOAL MANUAL .June 0OD 4.30
Operational Directive PageS of8
assess but are no longer economically viable and regularizing land tenurc in the carlicst stagessbould be nLilled to full resttlement; and at project development. Planning should also(d) devloping mecbanisms to prevcn illegal anticipate the approximate tim neceded to ac-encroachcrs and squatters, including an influx ot quirc and transfer land.nonresidents cntcring lo take advantage ot suchbencrits. trm participating in the compcnsation Access to Tra&inAg CmpE ovnrenr and Crd.:rarrangcmcnts. by an Carly recording ot thenumbers and names of the affected populations 18. Normally. gencral economic growth einnotenLitled to compensationirehabilitation. be relied upon to protect the welfare of thc
projec-affected population. Thus. altcrnative1S. Some tvpCs of loss, such as access to cmployment siratcgics arc nccded for noragri-(a) public services; (b) customers and suppliers; cultural displaced pcopic, or where the Wle thatand (c) fshing, grazing, or forest areas, cannot can be made available is not SUfrJCi'Lt tOcasily be evaluated or compensated for in mone- accommodatc all the displaccd farmc:s. Thetary terms. Attempts must therefore be made to resettlement plan shoulmi. where feasible. exploitcstablish access to -equivalent and culturall new cconomic activities madc possible bv theacceptable resources and earning opportunities, main investment mrquiring the displac'emcnt.
'ocational training, employmcnt counseling.16. Vulnerable groups at particular risk are transportation to jobs. employment in the rnainindigenous people. the landless and semiland- invcstmcnt project or in resettlement activitics.k:ss. and houscholds hcadcd by females who. establishment of industrics, incentives or firms sothough displaced. may not be protected through locate in the area credit and cxtension for smallnational land compensation legislation. The re. businesses or reservoir aquaculturc, and. pre-s ttlement plae must include land allocation or fcrence in public sector cmploymcnt sbould all beculturally acceptable alternative income-arning considerd where appropriate.straecgies to protect the livelihood of theswpcople. Shclzmr. lnfrasrucrnre. and Sociwl Scnzce.s
19. To ensure the cconomic and social viabilityLand Tenur. Acquiinonw and Trafer of the rclocated communities. adequate resources
should be allocated to provide shelter, infra-17. Resettlement plans should revicw the main structure (e.g.. water supply, feeder roads), andland tenure and tansfer systems. including com- social services (e.g schools, health caremon property and nontitle-based usufruct cCAtcrs).t2 Site development, engincering, andsystcms governed by locally recognized land architectural designs should bc prcpamrd forallocation mechanisms. The objective is to treat sheltcr, infrastructure, and social services. Sincecustomary and formal rights as equally as pos- community or self-built houses are often bcttcrsible in devising compensation rules and proce- accepted and more tailored to the rsettlers'durcs. Thc plan sbould addrcss fhe issues raiscd nceds than contractor-built housing. provision ofby the differcnt tenure Systems found in a project 3 building sitc v.ith suitabie infrastructume. modelarea. including (a) the compensation eligibility of plans, building materials, tcchnical assistarce, and!3nd-dcpcnden populations; (b) the valuation "construction allowances" (for income foregoneprocedurcs applicable to different tenur types: while resettlcrs build their houses) is an optionand (c) the grievance procedures available for communitics should bc olffcrd. Planning fordispuics over land acquisition. Plans should shcltcr, infrastructure, and scrvices should takecontain provisions for conducting land surveys into account population groath.
tU: ' ealth case xscice. pa Su~or prqgnant -en. in. and tDh clderl. maye be miponans duringd aftr ecatanV- to preven incrwaas in morbidty and monality duc to malnumsiotn the soa of being uprooted, and the VWaly ireaed
risk of water-borne discas.
Th& dmuteu pupm 6dfwr Ae &we fveo,Jf VAw Waddiltauk uud a rn n,cozwa* ctpknir aves.uarufhsMbjeew covaW4
I ill: %LIM DA. VPERAT10'AL MUAL JUIOD 43V
Operational Directive Pge 6 of8
Fn,i'ronmennal Protecton and Maonagement include am implementation schedule for cachactvity covering initial baseline anaI preparation.
20. -Ie screening process for n enviuon- actual rmlocation, and post.rmlocation economicmental assessment (EA) normally classifies and social activities. Thc plan sbould include aprojects ivolving involuntary msettlemcnt as target date when the expected benefits to re-Categoty A.13 The EA of the main investment settlers and hosts would be uchieved.rqurng the rsettlemeni should thus cover thepotential cvironm,cnial impacts of the resetll- 22. Arangrcments for monitoring imple-ment. The reettlement plan must be evcloped mcutaLion of resettlement and cvaluating itsin coordination with the EA and define the impact:.should be developed by the bofrowerboundaries o the rmlocation area, and calculate during projct prcparation and uscd duringincremental population density per land unit. In supervision.15 Moonitoring provides both a wrarn-agricultural projects (invoaig. for example. ing sptem for project managers and a channelrelocation to the catbcment surrounding a for the resettlers to make known their needs andreservoir, or to a downstream command ara), if their ractions to rcsettlement execution.the incoming resettlcd population is large in Monitoring and evaluation units should bcrelation to the host population. such environ- adequately funded and stalfed by specialists inmental issues as deforestation, overgrazing, soil resettlement. In-house monitoring by the inple-erosion, sanitation, and polution are ikely to menting agency may nectil to bc supplemented bybrcome serious and plans should either includc independent monitors to ensurm completc andappropriate mitigating measures; including objective information. Annual and midtermtraining of oustees. or cise should allow for reviews are desirable for large-scale resettlement.alernativc sites to be selected. Urban rc- Te borrower should be required to continuescutlement raises otber density-related issues impaci evaluation for a reasonable period afier(e.g.. transportation capacity, accss to potable all resettlement and rlated development ac.water, sanitaLion systems. health facilities, etc.). tivities havc been compicted. Thc borrowcrConstructiN cnvironmental management. pro- should also be required to inforn the Batk about'ided through the EAs miligation plan,o4 may the findings.providc good opportunities and benerits Lorescttlers and bost populations alike (c.g., Bank Rok and Project Optionsproject-financed compensatory afforcstation notoniv replaces the fDrests submerged by reservoirs 23. The Bank supports borrowers, effortsbut also offers gainful employment). If the likely through (a) assistance in designing and assessingconsequences on the environment are unac- resettiement policy strategies, laws, regula:ions,ccptable. alternativc and/or additional rclocation and specific plans; (b) financing technical as-sites must be found. sistauc to strengthen the capacity of agncies
:rsponsible for rsettilement; and (c0 birectfinancing of the investment costs of resettle-aent.
Implemnenta:ion Schedulek Aloniiiori% anmd lTe Bank may sometimes finance rcsetlkmcnt* E"aluari even though it has not financed the main
investment that madc displaccmcnt and sctulc-21. nhe timing of resttlcmcnt sbould be coor- mcns necessarv (para. 26).dinated with the impiementation of the maininvestment componcut of the project requiring 24. Mh task manager (M) should inform thethc resettlCmcnL All rescttlemcnt plans sbould borrower of the Bank's rsettlement policy.
13 Scg OD 4.00. Anic A. Ervmmuaft Axtenn and Annc I11 Fjwmiunmewal Pulky fw Dam uid Armec. Juj<eca. lbcc nctal nape oons of idvunuy estcuicmemi .ifl bc lunber dwcused under pan6A Spccial hcs in. E uoacicnzAl Aemeit." iD wmbi_ uIAsia*neaSowceb.k (Washinpo. D.C. 'Mc World Dank. to be bKuc).
14 Scc Anncz Al. pam 2. in OD 4.00 Annes A 1n _h .cIS. SccOD 10.70,Jh a Afoig wgdEvelriu L
Nh divcmv sw pvp.dfer At pshupiowa'freff of she Weld Sank ,4 i pw mces*o ecwa m wemm.vew of ie galeb * cmA
June 199TI llt IOtIlD BANK OPErAnI.oNL MANUAL D 4.30
Operational Directive Pnag7ors
V
Starting early in the project cycle, the TM with should be screened by the implementing agencythe support of Bank operational, rscarch, and to cnsurc consistency with this diective. andlegal stafr should asswss govcrumrnl policics, approved individually by ihe Bank. For countrisexpences, institutions, and the legal framework %ith a series of operations requiring resettiemert.covering resettlement. In paricular, the TM efforts to improve thc policy, institutional, ardneeds to easurm that involuntary resettlement is legal framework for resettlement should formavoided or minimized. that laws and regulations part of the Bank's ongoing country and sectorconcerning displaced people provide compen- dialoguc with the government. These cffortssation suficient to Teplaec all lost assets. and that should be appropriately reflected in economicdisplaced persons are assisted to improve, or at and sector workl and in country strategy papersleast restore, their fonner living standards, and briefs.incomc earning capacity, and production levels.
Processing and Documentation25. The adcquacy of the resettlement planshould bc reviewed by appropriate social. 27. Thc Rcgional V'icc President (RVP) shculdtcchnical. and legal experts. Resettlement spc- bc kcpt informncd of m:ajor rcscttlcnien, issues.cialiss should visit the possible resettlement sites and his guidance sought where necessary. Th--.nd review their suitability. In theccase of largc- Regional Environmcnt Division (RED). the ILe-scale relocation. such cxpens should be included gal Department (LEG). and setitcmenl spe-in independent technical or environmental review cialists in Sector Policy and Rescarcb (RS)boards.16 should be consulted or included as nccssar' in
pccr revicws on involuntary rcsettlemcnt issues26. Bank fmancing of resettlement can bc throughout the project cylc.provided as follows (a) As a component of themain investment project causing displacement Idendrficanron*and rcquiring resettlement. (b) If largc enough,* s a freC-standing resettlement project with 28. Ile possibility of involuntaiy rmscidemeatappropriate cross-conditionalitics. processed and should bc dtcermined as early as possible andimpicmcntcd in par1llcl -with the investment descnbcd in all proicct documcnts. lbc TMproject that causes the displacement. The lattcr should (a) bricfly summarize in the Initial Exe.approach may better focus country and Bank cutive Project Summary (Initial EPS)18 the ntag-attention on the effective resolution of resettle- nitude, strategy. add timing of the resettlcmcnt;ment issues. (c) As a sector investment loan.17 (b) inform borrowers of the Bank's rcscttlmenilWherc the spccific resettlcmc;.t necds of cach policr, (c) rcvicw past borrowcr cipericnce withsubprojeci are not knoem in advance, the similar operations: (d) invitc agencies rsponsibleborrower would need to agree to resettlemcnt for resettlemcnt to discuss their policies, plar.s,policies, planning principles, institutional arrangc- and institutional, consultative, and legal arrar.gc-ments. and design criteria that meet Bank policy mcnts for rcscttlcmcnt: and (c) wherc apnro.and requiremcnts as a condition of the loan. An priarc, ensure that icchrical assistance is providedestinmtc should be provided of total population early to borrowcrs. Sucs assistance should in-to bc displaccd and overall rcsettlemcnt costs. as dudc the usC of proicct preparation facility (PPF)w,rll as an cvaluation of proposed resetilement rcsourccst9 for planning resettlcment a-idsitcs. Subprojects in scctor investment loans building institutional capacity.
16 Sec OD 4A0 MAnnC 13 Eivnrnal '&Jb E eand Resw nroljeca17 Sec OD .00,& nGob and lnjvmp,v and OD 80. 2o.c: crn, lmwn, ad .avwentnce 4"Ln b hoth to hc vsued.IS. Sec Cimlu Op 87fiU. hwcdauc for f.cews in 1w u'w an Cdiar fild as OMtS 2.00, to be riuucd as OD 9.00
P- caswig ad Dcumauaaaa jfr Imime.nr/LadWiag.19. See DM5 21.2, Jhoijca lwprfWpen FaeCi&M to bc mcaucd as OD L.00. uerr Jpion Feadfry and 5ptciuW Pjecr
1dawuipu F cOiqr.c
I;U dwecn vpwcd for . 1 ic elgafof def Pthe WW Aa', and i.sB anereuwrih',e a'wnp lrw nuu oflh,Aifee rnm
.S. * *. zzes -. .;;;--_-s 4w;X^- OD 4 30
Operational Directive P.ge 8 Of 8
Pepaarinn of bcnc6ciarics. At negotiations, the bo-rowerand the Bank sbould agrec On the reswttlement
29. Durng proect preparation, the feasibility of plan. Thc resettlement plan and the borrower'srseuttlement must be established, a strategy obligation to cany it out should be rnflected inagreed upon, the resettlement plan Wted, and the kgal documents. Other necessary rcsettk.budget CtiUmates prepared.2 0 Tle full cosls of ment-rclted actions must be covenanted. Tbc* rcsetuement should be identified and Included in Staff Appraisal Repon and the Miemorandumthe toial cost of the main Investment project, and Recommendation of the President shouldregardless of financing source. Te costs of re- summariz the plan and state hbat it meets Banksettlement should also be trated as a charge policy requirements.against the economic benefits of the investmentprocat tbal causes the relocation. Any nct bene-flis to rmsettlers (as compared to the %ithout Implemenrtaion and Supenisionproiect" circumstances) should be added to thebenefit stream of the main investmett. While the 31. Resettlement components should beresettlcmcnt component or free-standitg project supervised throughout imrplemcntation.21 Super.need not be economically viable on its own, it vision that is sporadic or ILrt until late inshould be Itc least-cost appmach consistent with implcrnentation invariably jcopardizcs the suocessthe policies id out above. of resettlcmcnt. Bank supervision missions
should be staffed with the rcquisite social, Co.Appraisal and Negodation nomic. and tcchnical expertise. Annual reviews
of large-scale rsettkment and in-depth Bank30. Submission to the Bank of a time-bound reviews of midterm progress are highly desirable.resettlement plan and budget that conforms to Thce reviews should be planned from the ouLsetBank policy is a condition of appraisal for to allow the Bank and the borrower to niakeprojects involing resettlement, except for sector necessary adjustments in project implementa-investment loans as discusscd in para. 26. All lion. Complecte recovery from mesettlement. canrinal EPSs should confirm that this requiremcnt bc protracted and can often makc it n:cessary tohas bccn mct. Thc appraisal mission should as- continue Bank supervision until well after pop-certain (a) shc extent that involuntary CseltlC- ulations have been relocated, sometimes evcnmert and human hardship will bc minimized and after a project has becn closed.whether borrowers can manage the proccss(b) the adequacy of the plan. including the Er Posr Evalutsiontimetable and budget for rcscutlemcnt and comrpcnsation; (c) the soundncss of the cconomic and 32. The project completion repon22 subr.Aittedfinancial analysis; (d) the availability and ade- to the Operations Evaluation Departmcnt shouldqua3c of sites and runding for all resettlement cvaluate rcscitlement and i;s impact oz. theactivities: (e) the feasibility of the implementation - standards of living of the rsettlers and thlt hostarran,gcmcntss and (I) the cxtcnt of involvement population.
,. Detsed uidelimns br prtpang and a&pprising ieiei ni plans ame prvided m JnMo&many RiwnWemr in Devk omuP-jecL Wodd Band Tealaical Paper No. 80 Anna I (Washmgta. D.C: Tbc World BLank. 1). Pro fabnan cm abtc%and padclines for eucnamic and ran aiW analsk arc provided m Anncz 2.
'I Scc OD 13.05. lSjea Su_pwu paructwy ,a?aL 4.47:' Sc the OPNSV -moroadwn Gukkiu fw pwft mg qea Cmpknas A&pp June 7. 19g9. nd ONItS 3. G nl
Guaklew lmu oNPwhag Pr.je C.kip &PmL which an to be combined and reamd a OD 13.5S. Piia, Cqwptea
this dkftwra Kw. pvp.md for shepiulame 0f uniT "1 1 Wwfd 8.ak and fr nt ectua* & coawplea ftwa'aw ofdike uajew c'we.
ANNEX-5 : IMPLEKENTRTION BUDGET,
Implementation Budget for CCDB
No Person Salary TotalMonth per
month
1. Coordinator/Team Leader 1 24 42,000 1,008,0002. Sociologist/Deputy Team
Leader 1 24 40,000 960,0003. Legal Advisor 1 12 30,000 360,0004. Statistician/Data Manager 1 24 20,000 480,0005 Word Processor 4 96 10,C90 960,0006. Accounts Officer 1 24 8,000 192,0007. Area Manager 3 72 18,000 1,296,0008. Field Accountant 3 72 7,000 504,0009. Survey Team of 5 Members 3 35 20,000 700,00010. Inspector 9 216 9,000 1,944,00011. Draftsman 3 15 7,000 105,00012. Field Worker 30 600 7,000 4,200,40013. Technical A.. 3istance* 20 80,000 1,600,00014. KLSS 8 192 3,000 576,00015. Computer, Printer, UPS 500,000
Voltage Stabilizer (Rental)16. Computer consumable 24 12,000 288,000
Sub-total 15,673,000
Overhead @ 18% 2,821,140Fixed Cost, Social Cost Out ofPocket Expense e 9% 1,410,570Insurance Coverage 1,000,000Office Stationary LS 500,000
Total 21,404,710Cost of Vehicle
7,626,000
Grand Total** 29,030,710
* Technical Assistance covers development of MIS and alladvisory survices. The proposed person-months will bedistributed throughout the project period.
Excludes planning phase, about Tk. 3,000,000.
I
