BAN: Gas Transmission and Development Project - Asian Development Bank€¦ · · 2014-09-29Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline Project

Resettlement Planning Document

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Resettlement Plan Document Stage: Final Project Number: 35242 November 2005

BAN: Gas Transmission and Development Project

Prepared by the Gas Transmission Company Limited (GTCL) for the Asian Development Bank (ADB).

Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline Project

© BETS_ Executive Summary Page-i

EXECUTIVE SUMMARY Project Scope This Resettlement Plan (RP) relates to the construction of the 103 Km Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline under the Gas Transmission and Development Project. The Project, which is proposed for financing by the Asian Development Bank (ADB), comprises four components, (i) gas transmission, (ii) field appraisal, (iii) gas distribution and (iv) institutional strengthening. The gas transmission component includes (i) Ashuganj-Jamuna Bridge East Gas Transmission Pipeline, (ii) Bheramara-Khulna Gas Transmission Pipeline, and (iii) Bonpara-Rajshahi Gas Transmission Pipeline, besides the HBGTP. The transmission pipelines will be constructed by the Gas Transmission Company Limited (GTCL), a company of Petrobangla under the Energy and Mineral Resources Division of the Ministry of Power Energy and Mineral Resources. The primary purpose of the Project is to expand the natural gas network to the less developed regions of the country to promote overall economic development. GTCL has assigned BETS Ltd. to prepare RP report to fulfill the requirement of ADB. GTCL has conducted route survey by survey contractor and determined the pipeline route that have minimum resettlement impacts by avoiding major settlements and dense populations. The pipeline will be constructed within government-owned lands wherever possible. Care has been taken to avoid homestead, business areas and squatters in most cases. The RP report has been prepared following the guidelines of ADB and within the framework of the regulations of the Government of the People’s Republic of Bangladesh... According to these guidelines, the project affected persons (PAPs) would be given all supports in regaining their previous socio economic conditions as early as possible. The Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline (ADB Portion) will involve land acquisition (permanent acquisition) of 82.4 hectare and land requisition (temporary acquisition) of 154.50 hectare for 30″ dia 103 km gas transmission pipeline. It may be mentioned that no household has been affected in the 15 km strip from Elenga to East Bank of Jamuna Bridge as the whole area belongs to Jamuna Multipurpose Bridge Authority. The total affected households in the rest 88 Kms are 363; of these 271 households fall under both permanently and temporarily loser and 89 are only permanently loser. The total affected population is 1905. This will be a strip alignment. Most of the acquisition will be on paddy fields. In some places, there are very few trees on the land to be acquired. The nature of impacts in the project area are of two types; 1permanent and temporary i.e. one that is very temporary in nature occurring only during construction, and the other impact is forever. Efforts have been made to look into the interest of this squatter, vulnerable groups & tribal and indigenous community. However, no indigenous groups have been found to be affected. Implementation Strategy The RP has all viable scope in compensating the PAPs. Displaced persons would be i) compensated for their losses, ii) assisted with the move, and iii) assisted in their efforts to regain or improve their socio economic conditions. Land, alternative source of income through skill training, housing, infrastructure and other compensation to the eligible PAPs have been considered. The policy matrix makes the entitlement more precise and includes operational aspects such as implementation issues and responsible agencies.

1 Land acquisition means permanent acquisition and land requisition means temporary acquisition.


© BETS_ Executive Summary Page-ii

For land losers cash compensation under the law (CCL) for lands will be fixed and paid by the concerned Deputy Commissioner (DC). Further, the DC of the respective area, as per existing law, shall consider 50% premium on CCL. (Here CCL means the price of affected land, structure, trees, crops etc. as determined by the DC). Additional grants will be provided up to market value by subtracting DC’s payment (CCL+50% premium on CCL) as resettlement packages in the name of Maximum allowable Replacement Value (MARV) and it will be calculated on the basis of MARV-(CCL + 50% premium) and will be paid by NGO. Separate market survey of land may be needed during the period of implementation for fixation of MARV. A ‘Joint Inventory Verification Team (JIVT)’ has been proposed to act as the mechanism for determining the price of PAP’s assets lost to the pipeline, as well as redressing the grievances that may arise during RP implementation. Video filming may be needed as a precaution to check against the fake structures in the proposed alignment before serving notices for land acquisition. Adequate information campaign will be carried out for ensuring participation of the PAPs/ beneficiaries in the implementation of RP. Organizational Responsibilities The project management is responsible for the implementation of RP. A resettlement unit (RU) headed by a Project Manager will be formed. The RU will be responsible for the overall implementation, management and monitoring of the implementation of RP. The project management fully recognizes the very complex nature of the resettlement work and the limited availability of personnel with relevant expertise. It would, therefore, consider delegating resettlement work to a specialized organization or a nongovernmental organization (NGO) experienced in resettlement. The NGO may be selected through bidding process. In addition, project management will seek cooperation and participation of other government agencies such as district administration, forest department, agriculture department etc. as well as lending institutions in the implementation of RP. Monitoring and Evaluation Monitoring and evaluation are important tasks for measuring periodic progress under the resettlement program. This helps to identify the constraints in the progress as well as determine remedial measures. Resettlement being a complex task needs development and establishment of Computerized Management Information System (CMIS). The CMIS will provide information for better planning and proper decision-making on resettlement issues. Schedule for RP Management The RP provides a series of resettlement activities. Of these, a number of activities have to be executed simultaneously for smooth implementation of the RP. A schedule for starting and finishing each of the activities has been planned. RP implementation will take seventeen months.


© BETS_ Executive Summary Page-iii

ABBREVIATIONS ADB : Asian Development Bank

BP : Bank Procedures

CG : Construction Grant

CCL : Cash Compensation under the Law

EP : Entitled Person

GSDP : Gas Sector Development Project

GTCL : Gas Transmission Company Ltd.

LAO : Land Acquisition Officer

LA Section : Land Acquisition Section of Deputy Commissioner

MARV : Maximum Allowable Replacement Value

OP : Operation Policy

PCP : Project Concept Paper

PVAT : Property Valuation Advisory Team

PAPs : Project Affected Persons

RP : Resettlement Plan

SA : State Acquisition

RAC : Resettlement Advisory Committee

SDE : Sub Divisional Engineer

SES : Socio Economic Survey

SDU : Social Development Unit


© BETS-Chapter-01: Introduction, Project Background and Impacts Page-1

Chapter-01

INTRODUCTION, PROJECT BACKGROUND AND IMPACTS 1.0 Introduction 1.1 Background This report outlines the Resettlement Plan (RP) for the proposed Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipe Line (103 km), which forms part of the gas transmission component of the Gas Transmission and Development Project to be undertaken by the Gas Transmission Company Limited (GTCL), a company of Petrobangla under Power, Energy and Mineral Resource Ministry of the Government of the People’s Republic of Bangladesh. The pipeline will contribute in establishing a sustainable natural gas grid that would meet projected gas demands in the less developed western regions of the country. The Project, which is proposed for financing by the Asian Development Bank (ADB), comprises four components, (i) gas transmission, (ii) field appraisal, (iii) gas distribution and (iv) institutional strengthening. The gas transmission projects will involve the construction of 376 km gas transmission pipeline for transmitting 330-360 million cubic feet of natural gas per day from the eastern zone to the less developed regions of the country. The gas transmission component also includes (i) West Bank of Jamuna Bridge-Nalka,Hatikumrul-Bonpara-Ishwardi-Bheramara (101 km) Gas Transmission Pipeline, (ii) Bheramara-Khulna Gas Transmission Pipeline (165 km), and (iii) Bonpara-Rajshahi Gas Transmission Pipeline (50 km). The pipeline design includes elements that minimize resettlement impacts avoiding major settlements and dense populations. The pipeline will be located within government-owned lands wherever possible. Care has been taken to avoid homestead, business areas and squatters in most cases. This RP has been prepared for understanding the resettlement and rehabilitation issues relating to the construction of the Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipe Line and incorporates the mitigation measures for the persons affected by the acquisition and requisition of land and development activities. This project would involve acquisition & requisition of a strip alignment. Average breadth of the alignment is 25 meter; of which 10 meter is for acquisition and 15 meter for requisition. The report has been prepared on the basis of various pertinent documents, findings of field survey, land acquisition and involuntary resettlement policies of the Government, the ADB’s operational policies on involuntary resettlement, and experiences on similar projects in the country. 1.2. Scope of Land Acquisition and Resettlement The Project will involve land acquisition for the construction of the Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipe line. An estimated 82.4 hectares (ha) will be permanently acquired; 154.50 ha temporarily acquired for 103 kilometers (Km) of pipeline of 10 meter final width within a 25 meter width during construction. Apart from the pipeline alignment, some of the acquired land will be used for construction of different ancillary facilities and stations. The socio-economic survey shows that most households in the project area are male-headed. Female-headed households comprise only 4.68% of households surveyed. Literacy rate is generally high at 79%. 89% of respondents were engaged in agriculture either as farmers, fishermen, or agricultural laborers. Average monthly household income is Tk. 7,617. 1.3 Project Data and Impacts The possible resettlement impacts under the Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge gas transmission pipe line project due to implementation of different



development activities include permanent and temporary loss of land and structures of different types of stakeholders along with some temporary loss of income. In case of requisition, some land will be temporarily used in the project area. Most of the landowners are farmers. As this is a strip acquisition, no major adverse effect is expected to occur in the project area. Total amount of land to be acquired is 82.40 ha and the amount of requisition land is 154.50 ha. The summary impacts of the project are given in the following table. Table-1.1: Types of Affected Households

Type of Affected households Total Households Temporarily

Affected Permanently

Affected Total Affected Households 363 271 92 Land loser Households 360 271 89 Homestead Loser 83 - 83 Housing structure Loser 49 - 49 Other structure Loser - - - Business Loss 6 - 6 Tree Loser 186 - 186 Female Headed Households

17 - 17

1.4 Objectives of the RP Objectives of the Resettlement Plan are as follows; (derived as per involuntary policy of ADB)

1) Involuntary resettlement should be avoided where feasible. If population displacement is unavoidable it should be minimum

2) Since some displacement is unavoidable, resettlement plans should be developed as a

planned change. Any involuntary resettlement should, as far as possible, be conceived and executed as development programs with appropriate time bound actions and budgets. Resettled persons should be provided with sufficient resources and opportunities to reestablish their homes and livelihoods as soon as possible, and to share in project benefits.

3) The adversely affected persons should be (i) compensated for their losses at full

replacement cost.(ii) assisted with the move and supported during the transition period of relocation;(iii) assisted in their efforts to improve their former living standards, income earning capacity, and production level, or at least to restore them. The adversely affected population should also include indigenous group, ethnic minorities and pastoralist who may have usufruct or customary rights to the land or other resources taken for the project. Particular attention should be given to the needs of the poorest affected person, female-headed households and other vulnerable groups to be resettled.

4) Community participation in planning and implementing resettlement program should be

encouraged. The affected people should be fully informed and closely consulted on resettlement and compensation options.

5) Land, alternative source of income, skill training, housing, infrastructure and other

compensation should be provided to the adversely affected population who have usufruct or customary rights to the land or other resources taken for the project. Absence of legal title to land should not be a bar to compensate those depriving an income from the land or living on the land.



6) Involuntary displaces should not be worse off in terms of their socio economic condition. Attempts will be made to make the PAPs better off after relocation through both direct compensation and remedial measures.

To achieve the above the RP has the following specific objectives:

i) Develop a compensation and resettlement policy by clearly defining various types of losses or impacts, entitled persons and entitlement to compensation and resettlement, and specifying the implementation issues and actors;

ii) Asses the socio economic status of the PAPs prior to land acquisition and

resettlement cost of land and other assets, which should be serve as benchmark for implementation of RP, and consult the affected people and host community on various resettlement issues at the inception stage;

iii) Determine the losses and entitlement of each EP (entitlement Person) under

the adopted policy framework and an ID card of each EP;

iv) Develop an appropriate implementation strategy and sound organization structure to carry out the resettlement program;

v) Prepare a development oriented resettlement budget; and Develop

implementation schedule, monitoring and evaluation and management information system for implementation of RP.


© BETS- Chapter-03: Policy and Legal Framework Page-4

Chapter-02

SOCIO-ECONOMIC SURVEY AND PROJECT IMPACT

2.1 Methodology A field study has been carried out to assess the exact situation of the probable affected persons and the people adjacent to the pipeline alignment. 4 sets of questionnaires were filled up. All available structures, trees and land losers were interviewed. The rest were randomly selected. The socio economic condition of the alignment was thoroughly reviewed by structured questions. All available and probable affected persons were interviewed. Other respondents were interviewed too. In total 146 questionnaires were filled up along the proposed 103 Km alignment of the project. The number identified affected persons are tentative. The authority will update the figure at the detailed design period. The major portion of the gas pipeline will cross the paddy fields. The required land will involve (i) temporary acquisition and (ii) permanent acquisition. Till today, detailed design for construction of gas pipeline is not finalized. So, it is difficult to say what land and structures will be on temporary and permanent acquisition. For analysis, on the basis of land proportion and field experience an estimated figure of temporary and permanently affected households have been identified.

2.2 Objective of the Survey The socio economic survey for Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline project is intended to provide basic socio economic information of the people going to be affected due to the acquisition and requisition of land and other properties. 2.3 General

The pipeline will cross four districts at different locations. The districts are Narsingdi, Gazipur, Mymensingh and Tangail. During survey, consultation and field visits it was found that among the different losses for the development interventions, the mainly involved ones are, temporary and permanent disturbances and loss of agricultural land, structures and trees. The detailed mouza wise permanent acquisition and temporary acquisition of land has been finalized by GTCL. So it is not possible to give detailed breakdown of temporary and permanent acquisition of land. However, a list of mouza wise affected persons is given here. Total number of affected households identified as affected are: 363, out of which Land loser PAPs-360, Homestead loser-83, housing structure loser-49 and Tree loser-186. Among the total 363 house holds female-headed households are only 17. Exact figures will be collected through DC’s joint verification survey. Table-2.1: Mouzawise position affected household

Sl. No. Mouza Upazila District Affected

Household Affected Person

1 Hailjor Kapasia Gazipur 4 18 2 Barhar Kapasia Gazipur 6 36 3 Changana Kapasia Gazipur 9 54 4 Charkhirati Kapasia Gazipur 4 18 5 Digirkanda Kapasia Gazipur 2 8





6 Gaubaro Kapasia Gazipur 6 35 7 Bagerhat Kapasia Gazipur 4 15 8 Ghagtia Kapasia Gazipur 21 113 9 Khirati Kapasia Gazipur 10 60

10 Pachardia Kapasia Gazipur 6 28 11 Rayed Kapasia Gazipur 2 12

Mouza Total: 74 397 12 Gararon Sreepur Gazipur 5 24 13 Tengra Sreepur Gazipur 12 61 14 Barmi Sreepur Gazipur 9 45 15 Bashbari Sreepur Gazipur 13 61 16 Sitka Sreepur Gazipur 4 20 17 Charbahar Sreepur Gazipur 8 39 18 Shaylat/Bashbari Sreepur Gazipur 1 5 19 Hatkirtek Sreepur Gazipur 1 3 20 Modhibari Sreepur Gazipur 1 4 21 Gazipur Sreepur Gazipur 19 108 22 Sylat Sreepur Gazipur 11 71 23 Tepirbari Sreepur Gazipur 6 34 24 Kayetpara Sreepur Gazipur 6 29 25 Mulaid Sreepur Gazipur 4 18 26 Dhanua Sreepur Gazipur 8 41

Mouza Total: 108 563 27 Khilgati Kalihati Tangail 3 17 28 Bilpakutia Kalihati Tangail 1 13 29 Bolla Kalihati Tangail 4 14 30 Bolodi Kalihati Tangail 3 13 31 Dattagram Kalihati Tangail 3 16 32 Di-Mukha Kalihati Tangail 6 38 33 Badda Kalihati Tangail 2 10 34 Kendua Kalihati Tangail 3 16 35 Kokdohra Kalihati Tangail 5 23 36 Mandarpara Kalihati Tangail 1 5 37 Mohisjora Kalihati Tangail 14 68 38 Nagbari Kalihati Tangail 1 5 39 Pakutia Kalihati Tangail 3 25 40 Pathando Kalihati Tangail 6 25 41 Terki Kalihati Tangail 6 26 42 Patitapara Kalihati Tangail 4 25 43 Singa Kalihati Tangail 1 5 44 Mundail Kalihati Tangail 4 14 45 Rajabari Kalihati Tangail 7 42

Mouza Total: 77 400 46 Gozaria Sokhipur Tangail 15 70 47 Bahera Amtoli Sokhipur Tangail 1 12 48 Betua Sokhipur Tangail 3 13 49 Boheratel Sokhipur Tangail 1 2 50 Silimpur Sokhipur Tangail 4 18 51 Chatamosha Sokhipur Tangail 4 25 52 Dabail Sokhipur Tangail 3 19





53 Salgrampur Sokhipur Tangail 5 28 54 Kalmagha Sokhipur Tangail 11 49 55 Goailbari Sokhipur Tangail 5 38 56 Gozaria Kirtonkhola Sokhipur Tangail 11 55 57 Jogirkopa Sokhipur Tangail 7 41 58 Pratima Banki Sokhipur Tangail 5 17 59 Vaual Sokhipur Tangail 1 8 60 Moucharia pathar Sokhipur Tangail 13 59 61 Ghatesshori Sokhipur Tangail 3 18

Mouza Total: 92 472 62 Khilgati Tangail Tangail 1 4

Mouza Total: 1 4 63 Harurdia Monohordi Narsinghdi 8 51 64 Kachina Valuka Mymensingh 2 12 65 Khacina Valuka Mymensingh 1 6

Mouza Total: 11 69 Total: 363 1905

2.4 Findings of the Survey: An Overview In this section, some of the major findings of the survey, consultation and field observation are given. As stated above, the total affected persons are 1905; male-1037 and femal-868. Male-female ratio is 54.44:45.56. Of the affected, temporary affected population are 1422 and permanent affected population are 483. 6 (six) affected businesses are found in the project area. However, no vulnerable people like squatter or indigenous people were identified in the project site. The affected trees are Date, Mehgani, Plantain, Coconut, Mango, Jackfruit, Banana, Jam, Tal and Betel Nut etc. Most of the affected land is mainly paddy fields. At least 90% of total affected land is productive. The following table shows the socio-economic profile of the affected households: Socio-Economic Profile of the Project Affected Households The total number of indirect affected households is 3 who have not lost land or other physical asset, but lost income opportunity like employment, wage earning etc. Table-2.2: Category-wise number of affected trees and their market value

Sl. No. Category Number of trees Amount (Tk.)

1 Large 11864 2 Medium 16089 3 Small 21014

Total 48967 6808214



Table-2.3:Upazilawise position of land holding of the project affected households surveyed

District Upazila No. of Households

Av. Amount of land holding (Acre)

Sreepur 108 0.84 Gazipur Kapasia 74 0.56 Sokhipur 92 0.26 Kalihati 77 0.19 Tangail Tangail 1 0.05

Narsinghdi Monohordi 8 0.18 Mymensigh Valuka 3 0.55

Total: 363 0.38 2.4.1 General Socio-Economic Condition of the Affected Area The socio economic survey shows that households in the subproject area are larger, averaging 5.8 compared with the national average of 4.8. Most households are male headed (female headed households comprise 4.68% of households surveyed). Literacy is generally high at 79%. Occupation wise, 89% of respondents was engaged in agriculture either as farmer, fisherman or agriculture laborers. Two thirds of respondents reported average monthly households incomes of Tk 7617. 2.4.2 Ownership of Affected Land With regard to the ownership of affected land it was found that the land losers are of three categories. These are sharecroppers, owners cum sharecroppers and absentee landowners. Of these, owners cum sharecroppers are highest (89%). On the other hand, 10 housing structures losers have been identified. Table-2.4: Land Ownership Pattern of Affected Farmer Type Household

No. %

Share Cropper 9 2.48 Owner cum Share Cropper 323 88.98 Others 31 8.54 Total 363 100

Table-2.5: Land Ownership Pattern for Permanent and Temporary affected Farmer

Type Household No. % Temporary

Affected Permanent

Affected Share Cropper 6 4.11 6 3 Owner cum Share Cropper 135 92.46 250 73 Others 5 3.43 25 6 Total 146 100 90 56

2.4.3 Ownership Status of land and Structures by the Users The ownership of land and structure likely to be affected due to the project is stated under above subsection. In fact, the land and structure occupied by the users in different ways are the major concern of this report. The survey shows that the possessors of those land and structures are mainly farmers.



2.4.4 Land Holding Pattern of the Households: Land holding pattern of the project area is as follows.

Table-2.6: Land Holding Pattern of the Households Size of Land Households

No. %

001-050 decimal 72 20 051-100 decimal 63 18 101-150 decimal 38 11 151-250 decimal 58 16 251-500 decimal 86 24 501-above 43 12 Total 360 100

The table shows that the land holding pattern is highest between 251- 500 decimal groups. 2.4.5 Land Ownership and Land Tenure Table-2.7: Land Ownership and Land Tenure Size of Land H/H

No. %

Owner farmer 227 62.53 Land owner 65 17.91 Owner cum tenant 45 12.40 pure tenant 11 3.03 No. agriculture land 3 0.83 Others 12 3.31 Total: 363 100

The above table shows that most of the farmers are cultivating their own land (62.53%) in the project area. 2.4.5 Occupational Pattern Table-2.8: Occupational Pattern Size of Land Household

No. %

Farmer 273 14.33 Fisherman 5 0.26 Agri labor 18 0.94 Non agri labor 36 1.89 Rickshaw driver 9 0.47 Service 88 4.62 Business 91 4.78 Small business 53 2.78 House work 564 29.61 Student 541 28.40 Infant (below 5 years) 106 5.56 Retired/disabled 28 1.47 Unemployed 46 2.41 Oversea(s) 42 2.20 Others 5 0.26 Total: 1905 100.00



The above table shows that the area is mainly agro based. Here 16% occupation is agro based. 2.4.7 Women Affected Household Out of 363-affected households, female-headed households are only 17 in the project area. However, no special loss is identified for the women. Women are most vulnerable in the society. Female-headed households will be provided with specialized livelihood and skills training accorded to vulnerable groups as cited in the entitlement matrix. Members of female-headed households will also be provided preference for project related employment. Special care is to be taken from the project authorities in receiving compensation primarily from GTCL and at the project period from the implementing NGO. Resettlement policy of ADB has special emphasis on the issue. Specialized information dissemination will also be undertaken for female-headed households. Female-headed households in Bangladeshi context don’t represent matriarchal society, but joint or dominate in economic activities and in decision making. Present project identifies two female-headed households. 2.4.8 Income Level of Household Table-2.9: Income Level of House Hold Income Level H/H

No. %

<Tk 3000 76 20.94

Tk. 3001-5000 103 28.37

Tk. 5001-10000 117 32.23

Tk. 10001-25000 61 16.80

Tk. 25001-50000 6 1.65

Total: 363 100.00

Above table shows the monthly income condition of the affected area. Low income affected households will be considered as a vulnerable group and will be accorded additional assistance including livelihood and skills training and preference for project-related employment. 2.4.9 Demographic Position of the Affected Area The following tables show the demographic condition of the area. Table-2.10: Household Surveyed

Household Surveyed Household

No. %

Male Headed Household 346 95.32

Female Headed Household 17 4.68

Total No Household 363 100

It can be seen in the table that male-headed household is 95.32%. On the other hand female-headed household is 4.68%.



Table-2.11: Religious Character of the Affected Area Religion Household

No. %

Muslim 347 95.59 Hindu 15 4.13 Christian 1 0.28 Total: 363 100.00

Religious breakdown of the area are given in the Table-2.11. It is found that Muslim is the main religious community and second position of the religion is Hindu. Table-2.12: Level of Education of the populations

Level of literacy Population %

Can't read & write 107 5.62 Only can read 488 25.62 Can read & write 482 25.30 Infant (below 4 years) 226 11.86 High School 70 3.67 S.S.C /equivalent 38 1.99 H.S.C/equivalent 39 2.05 H.S.C above 19 1.00 Graduate 42 2.20 Masters & above 109 5.72 Others 285 14.96 Total: 1905 100

Literacy rate is 79% and is comparatively high. It means better social awareness of the people of the area. 2.4.10 Housing Condition of the Affected Area Housing pattern of the affected area is given in the following Table-2.13. It is observed that most of the housing structures in the area are found to be thatched households (85.95%). Table-2.13: Housing Pattern of the affected areas Type Household

No. %

Thatched 312 85.95

Semi Pucca/Tin 45 12.40

Pucca 6 1.65

Total 363 100

2.4.11 Access to Health Facilities The existing health facilities have been shown in the Table-2.14



Table-2.14: Access to Health Facilities Type of House Household

No. %

Facilities from Govt. Hospital 117 32.23 Facilities from Pvt. Hospital 56 15.43 Union Health Clinic 75 20.66 NGO Clinic 55 15.15 Private Doctor 25 6.89 Pharmachy 35 9.64 Total: 363 100.00

The above table clearly identifies that the frequency of the family members of each household going to govt. hospital is highest 32.23%, followed by union health clinic 20.66% and from Private Hospital 15.43%. Here one or more from any of the households may go to more than one time to doctors in different places. 2.4.12 Sources of Drinking Water Table-2.15: Sources of Drinking Water

Source of Drinking Water

Household No

%

Tube well 363 100 Here, drinking water access of the household 100% from tube well. 2.4.13 Access to Sanitary Latrine Table-2.16: Access to Sanitary Latrine

Type of Latrine Households No %

Sanitary 269 74.10

Pit 74 20.39

Hanging 19 5.23

Open Place 1 0.28

Total 363 100 The table mentioned above has shown a brief picture of the sanitary access of the people in the affected area. 2.4.14 Crops and Production



Table-2.17: Crops and Production

Name of the Crop Production

Per Acre (Ton)

Remarks

Ropa Aman HYV 2.00 Bona Aman HYV 1.20 Boro HYV 2.90 Jute 3.40 Pulse 1.37 Onion 3.00 Garlic 1.65 Sugarcane 25.65 Not

processed Mustard 0.58

The above table has a clear picture of different types of crops and crops production in the affected area. 2.4.15 Wage Labor In the survey it is found that the average rate of wage labor is Tk. 95/- per day. So Tk. 100/- has been proposed in case of wage loss per day. 2.4.16 Average Land Price Per Acre Land price has also been calculated in the primary investigation. The average per acre land price are found to be Agri Land Tk.779990, High Land Tk. 2619587, Commercial Land Tk. 991741, Fallow Land Tk. 242442 and Other Land (waterbody/canal/pond) Tk. 492182 in the concerned area and this figure has been used in calculating the budget.

2.4.17 Type of Business It is earlier mentioned that six business installations were affected in the project. Project authority was very careful in avoiding the income generating activities. The affected business are of very temporary nature. The project authority should be careful to provide initialed grants before shifting of the business at construction time. 2.4.18 Indigenous People In the project area no indigenous people are identified. 2.4.19 Community Facilities A community facility means school ground, school, mosque, club, playground, river etc. In the project area, except the rivers no private or government community facilities are affected. Since a small perpendicular strip of river and its bank will be temporarily used during the project activities, no community support is needed from the project in this respect. 2.5 Possible Impact of the Project This 103 km pipeline will involve acquisition of only 82.40 hectare of land and requisition of 154.50 hectare. Though the amount of land acquisition is relatively small, yet the impact will be, in general, positive. Total affected households will be 363. The number of all sorts of affected



trees is 48967 (11864 large, 16089 medium and 21014 small). The total market values of these trees are Tk. 6808214 as per respondent’s claim. On the other hand, gas transmission pipeline will improve the socio economic scenario of the region, resulting in employment generation, environment friendly fuel supply, enhanced electricity generation and industrial production. The proposed resettlement program will enable the affected persons to regain economic condition to their previous state. Most of the affected persons are positive regarding construction of gas transmission line. Table-2.18 : Impact, Risks and Mitigation Measures

Type of disturbances Impacts & Risks Mitigation Measures 1. Acquisition of different

types of land due to implementation of the project.

• May cause disruptions in existing land holdings and resource use.

• Loss of income from the acquired land.

• May cause negative impact due to income loss.

• Payment of compensation at the replacement/market value. This will be decided by PVAT. Stamp duty will be refunded @20% increase on market price of acquired land.

• Income restoration assistance where applicable. Three months income restoration grant at the rate of Tk.100.00 per day.

2. Homestead Loser • Lack of Housing Facilities. • Payment of compensation at the replacement/market value. This will be decided by PVAT. Stamp duty will be refunded @20% increase on market price of the acquired land.

3. Acquisition of commercial structures

• Loss of income from commercial activities.

• Cash compensation at market value. Here on site relocation may be provided in the project sites.

4. To discontinue employment for the persons employed in shops and business due to the project.

• Loss of income due to loosing job.

• May affect level of living and sustenance.

• Income restoration grant for certain period. PVAT will decide the fact.

5. Tree Loss • Loss of income from fruits and fuel wood.

• Income Restoration Grant, compensation at market value will be paid for the acquired trees. On the other hand, the affected persons will take trees.

6. Crop Loss • Loss of income from crop. • Price of existing crop will be refunded. Three months income restoration grant for farmer and sharecropper.

7. Structure Loss • Disruption of housing. • Affected persons will take salvageable materials and get dismantling and re-construction grant. PVAT will decide extra payment on DC’s payment.

8. Water body loss • Disruption of income. • Payment of compensation at the replacement/market value. This will be decided by PVAT. Stamp duty will be refunded @20% increase on market price of the acquired land.

• Three months income restoration grant @ Tk. 100 per day.

9. Temporary Requisition land

• Income Loss. • Rental Value is to be paid to the affected person



Chapter-03

POLICY AND LEGAL FRAMEWORK

3.0. Policy Objectives and Implementation Strategy This chapter describes the policy objectives derived from the ADB guidelines and adjusted to the specific circumstances for the Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline. 3.1 Objectives (a) Involuntary resettlement should be minimized where feasible, exploring all viable

alternative project designs. (b) All involuntary resettlement should be conceived and executed as development

programs with the settlers provided sufficient investment sources and opportunities to share in project benefits. Displaced persons should be (i) compensated for their losses at full replacement cost; (ii) assisted with the move and (iii) assisted in their efforts to improve their socio-economic condition through income earning capacity, and production levels, or at least to restore their previous condition. Particular attention should be given to the needs of the vulnerable groups for sustainable development. For achieving the previous condition DC will pay the CCL and NGO will pay the additional payments.

(c) Community participation in planning, implementation and monitoring & evaluation of the

resettlement program is essential. (d) Land, alternative sources of income through skill training, housing, infrastructure and

other compensation should be provided to the adversely affected population who has usufruct or customary rights to the land or other resources taken for the project. Absence of (legal) title to land should not be a bar to compensation to those deriving an income from the land or living on the land.

3.2 Framework of Operation Objectives (a) During the planning and design of all components of the project such as location,

alignment, layout etc. of the pipeline, the effects on homestead, agricultural land and other income losses have been taken into account. Land acquisition boundaries required for engineering purposes have been demarcated to meet field resettlement constraints.

(b) The purpose of this RP is to ensure that the PAPs are not adversely affected. Field visits

and surveys have shown that there is a strong demand to have the gas pipeline even among the PAPs. Most of them perceive that the gas pipeline will contribute to economic development in the area and that they will ultimately benefit from it.

The entitlement packages ensure that the PAPs benefit from the project. The entitlement packages allow replacement value to compensate the loss and incentives. It also allows the PAP to have benefits beyond the replacement value. To mitigate system failures not covered, if any, corrective mechanisms are built in, such as, the monitoring and review mechanism; appeal and grievance redress mechanism etc. The socio-economic survey undertaken in the project-affected area has reflected sufficient base to identify the social patterns. It also indicates that PAPs expect to benefit from the project because of general economic improvement in the area due to improved infrastructure, etc. Field checks indicate that people are not at all concerned



about the loss of the land and other assets but about payment of entitlements in full and in time. With a view to avoiding any fraudulent activity from the PAPs’ end (structure construction etc.), the people of the affected area have been informed of the land acquisition only without mentioning the actual alignment. Appropriate information campaigns to inform them of the proposed alignment will be undertaken in the project areas only when acquisition notice under Section 3 of the land acquisition and requisition has been served by the Deputy Commissioners. This will enable the local people and villagers to express their concerns, and offer suggestions. Entitlement packages have been devised and will be checked at village level during the information campaign. The resettlement strategy is based on encouraging PAPs to resettle on their own initiative and according to their choice, by providing necessary financial and institutional support. Participation of the people is built into this strategy.

During the implementation of the RP, there will be an active interaction with the PAPs through the information campaigns, resettlement workers and Joint Inventory Verification Team (JIVT). In case of any grievances, there will have the scope for appeal to the JIVT directly or via village leaders or NGOs. In addition to routine monitoring and remedial action, post monitoring/evaluation survey is planned to assess fulfillment of the expectations of PAPs in order to determine further remedial action, if any.

(b) The PAP groups have been identified and entitlement packages have been designed to accommodate their specific requirements. Categories eligible for entitlement also include tenant/farm workers and/or wage earners. Economically weaker categories are likely to benefit more.

3.3 Entitlement Policy and Implementation Strategy 3.3.1 Entitlement Policy The project-affected households depend on a variety of sources such as farmland, tenant farming, wage labor, trading etc. for their livelihood. One household may rely on more than one means of livelihood. Number of households may suffer different kinds of losses. The entitlement policy takes this into consideration by linking the entitlement to the types of losses rather than to the category of project-affected person. In the end, however, individuals and households do get entitlement proportionate to their losses. The policy matrix makes entitlement more precise and includes operational aspects such as implementation issues and actors. Basic concepts and principles of the entitlement policy are described in the following: a) Definitions A Project Affected Person (PAP) is defined as a person who lives and/or earns a living in the project affected area at the time of section 3 notification under the land acquisition law or at the time of socio economic survey (whichever is later) and whose property, place of residence or means of livelihood is affected by the project. A Household is defined as all persons living and eating together (sharing the same kitchen and cooking food together as a single-family unit). There will be one or more person in a household who are entitled to a resettlement benefit. Entitlement to Replacement Land or cash grants & credits in lieu of replacement land is based on the legal ownership, which is ascertained according to the title deed of land (recipient of compensation under the law). In the case of joint title deed, the replacement land or cash



grants & credits in lieu of replacement land will be given to the joint holders (i.e. joint holders will be treated as one unit). In the case of house/building construction grants, the entitled person is the legal owner of the structure (one who receives the compensation under the law). Maintenance Grant and Vocational Training is provided to persons affected by loss of wage earning opportunities or rented in/share cropped land. This entitlement is eligible to the individual so affected and the criteria of entitlement are loss of primary occupation/primary source of income. If more than one adult in a household is affected by loss of their primary source of income, each such person is entitled to maintenance grant and vocational training. Domestic help, casual employees and person not usually residing with or dependent upon the PAP household, however, are not eligible for resettlement benefits. The indirectly affected persons are those, whose primary source of income was dependent on areas acquired for the project, but do not own any property in those areas and are not normally residing in those areas. Their eligibility status will be determined through (i) joint verification by JIVT and /or (ii) an affidavit confirming their status jointly signed by the PAP, his/her employer and the Union Parishad Member. Disputes and grievances arising out of the definition of household or entitled person will be resolved through a mechanism of formal verification and or through JIVT. b) Entitlement Package Loss of Farmland: All PAPs affected by loss of farm land are entitled for a compensation package adequate to buy an equal area of replacement land. This package includes, in addition to the compensation under the land acquisition Act, a cash grant to meet the difference between the compensation and the replacement value of an equivalent area of land.2 Land losing PAPs are also eligible for credit up to 50 percent of the total compensation for purchase of land. This facility is provided for safeguarding those PAPs who are, for any genuine reasons, unable to bear their share of money (compensation money received earlier). This provision will not be applicable to those PAPs whose per capita residual holding is more than 33 decimals (1 decimal is equal to 40 square meter). For temporary loss of land, as in case of requisition, the entitlement for compensation is for rental charges and compensation for crop loss as determined by the JIVT, and cash grants for income restoration, in accordance with ARIPO provisions. In addition, contractors will be bound to restore land to its original state, including restoration of common property resources affected. Loss of Homestead: All PAPs who have lost their place of residence (land and structures owned or otherwise occupied) to the project are entitled to an equivalent replacement homestead land. Such PAPs will not be evicted from their place of residence until they arrange their replacement homesteads. The scale of homestead plots to be provided for different categories of homestead losers are:

2 Low income affected households will be considered as a vulnerable group and will be accorded additional assistance including livelihood and skills training and preference for project-related employment.



i. Households which lose 100 sq. meters (2.5 dec) or more homestead land are eligible for a cash grant adequate to make up the difference between the compensation and the replacement cost of an equal area of homestead.

ii. Households, which own less than 100 sq. meters of homestead and lose all or most of

the homestead area will be provided with a minimum size homestead of 100 sq. meters through private land purchase. The difference between the total compensation money received for homestead and the cost of replacement homestead plot of 100 sq. meters will be considered as a grant.

Loss of Residential and Commercial Structures: PAPs affected by loss of residential structures are entitled to a transfer grant of Tk. 3,000 and house construction grant equivalent to 1/8th of the CCL+ 50% premium subject to minimum of Tk 2000. This will be paid in two installments, Tk. 3,000 at the time of relocation and the construction grant after the PAP has identified a homestead land. In addition, they are allowed to take away all salvageable materials from their old structure(s). PAPs who are displaced from a rented/occupied commercial premise are entitled for a moving transfer grant of Tk 3,000. Households that own less than 100 sq. meters of homestead and loses all or most of the homestead area will be provided with a minimum size homestead of 100 sq. meters through private land purchase. The difference between the total compensation money received for homestead and the cost of replacement homestead plot of 100 sq. meters will be considered as a grant. Loss of Wage Labor/Employment: Persons affected by such losses are entitled to one time maintenance grant of Tk. 9,000 (Tk. 100 x 90 days) and eligible for vocational training at project cost. After the vocational training, they would be helped to find employment or to obtain institutional credit for starting a suitable income earning activity. Preference should also be given to the able PAPs in engaging laborers/ workers for the project activities. Vulnerable PAPs: Income restoration of the vulnerable groups is an important objective of the resettlement work. Vulnerable APs means, squatter, poor, elderly, minorities, female-headed households and indigenous people. No indigenous people has so far identified in the project. Here wage loser is a poor group. There is an income restoration grant for wage loser, tenants, elderly and female-headed households and people affected of marginal income group. Also they will get training for skill development as per market demand. After the training one vulnerable and poor APs can get micro credit from the NGO and revolving fund will be provided by GTCL. In addition, all vulnerable people can get employment and can sale wages for construction work on priority basis. The project authority will do all necessary support for them. In case of elderly and female headed, the APs can nominate their awards for training and other facilities. 3.3.2 Implementation Strategy Entitlement Data Management System Before the present entitlement policy can be applied, it is necessary to determine who the entitled person is and what his/her entitlement is. The entitlements against different types of losses have been defined according to different categories. A final verification will, be made during joint investigation by the DC and the GTCL staff to ascertain the accurate amount of land under acquisition and requisition as well as other assets lost to the project. The fact that more than one person in a household may be eligible for one or more entitlement under the resettlement policy, makes this all the more difficult. For efficient management of information related to entitlement and its implementation a fully computerized data management system will be developed. This will have the following two basic components:

i) All relevant information on each individual household that is required for implementation of the RP and its monitoring and subsequent evaluation will be



maintained at RU (head quarters and field). It would also be used to produce individual “Household file” and periodic monitoring reports. The computer facility and the programs will be designed and managed by the project management.

ii) Household profiles would be prepared recording details of loss and entitlement, and

other basic information regarding the families’ resettlement as well. If a person loses lands or other assets in more than one Mouza (land administration unit), the person will be counted once, and his/her entitlements will be paid together. The information will be periodically updated to reflect the progress and the updated information will be passed on to the central computer facilities. Field workers will be trained to prepare and maintain the household files. Copies of these files will be maintained at the field RU.

The above system will be integrated with the overall management information system for resettlement. Information Campaign The implementation of the resettlement program will start with a public campaign to explain the resettlement policy and plan to PAPs, and to solicit their cooperation. The following actions will be carried out for the information campaign:

i) A booklet explaining the resettlement entitlement policy, procedures and the program in simple language will be prepared by Project Management and widely distributed in the areas affected by the project. The booklet will also explain what the PAPs are expected to do to avail their entitlement. They will also be asked to register their names with RU. Field workers (NGO) will hold meetings in affected villages to explain the policy and plan to PAPs.

ii) JIVT and/or NGO workers attached to RU will hold series of meetings in the affected

villages to explain the resettlement program and to answer people’s queries regarding the program.

iii) Required number of field workers will be recruited by implementing NGO associated

for implementing the resettlement program and will be trained in resettlement related activities. They would contact every affected household to provide information regarding specific entitlement to each household, to distribute “Household file” and to verify the correctness of information contained in the household files.

iv) Each affected household will be given a “Household file” containing details of their

entitlement.

v) Project Management will seek the assistance of village leaders, religious leaders and other influential persons for participation of the PAPs.

Making Replacement Farm/Homestead Lands Available The strategy is based on providing additional financial assistance to PAPs to purchase replacement farm and homestead lands of their choice. The field RUs and the NGOs will facilitate this process by providing all necessary institutional support to PAPs. The important measures in this regard are described below: Replacement Value: The market price for three or four standard types of farm/household land will be finalized by the JIVT and this value would be used as “maximum allowable replacement value” (MARV). A PAP can opt for a larger area of lower priced land or smaller area of higher priced land.



Identification of Replacement Land:

• PAPs will be asked, through an information campaign, to identify lands of their choice and to enter into provisional agreement with willing landowners.

• PAPs will convey to RU the details of the land they have identified.

• The RU will use all possible formal and informal communication channels to

transfer information and to bring PAPs and prospective sellers together. It would include measures such as (i) periodic posting of information on available lands at public places in affected areas; (ii) public announcements after Friday prayer gatherings and (iii) regular visits by field workers.

Special Feature This RP has addressed ADB’s policy objectives and guideline for the improvement of PAPs’ socio-economic conditions. But implementation of some of the options, such as land for land, developing resettlement site etc. may not be feasible due to acquisition of very insignificant amount of land from the private landowners. Procedure for Payment against Privately Purchased Lands The cost for the replacement farm/homestead lands comes from the following sources:

i) Compensation under the law: The amount of compensation received by the PAP is the PAP’s share of the cost of replacement land. They are expected to make a down payment of this amount at the time of land transaction.

ii) Additional cash grant to cover the difference between compensation and the official

price fixed for the replacement farm/homestead land will be made available by the Project Management.

Computerized PAP household file will have, among other things, exact information on the amount of funds a person is entitled to from different sources and the amount of down payment he has to make in order to receive the other payments. Money Transfer System: The PAP will be asked to open an escrow account at the designated financial institution and to deposit at least 50% of the compensation money in the account (in case there is any compensation due to the PAP that will be deposited directly to this account). Project Management will credit the additional grant (to reach replacement value) due to the PAP to this account immediately. The money will be released to the land seller after Project Management certifies the land transaction between the PAP and the land seller. Land Transaction - Verification and Registration As soon as a land deal is provisionally finalized between the PAP and the land seller, the JIVT will verify all legal requirements of the deal regarding ownership rights, encumbrances, measurements and all other legal matters related to the land. It would also advise the PAP whether the price agreed is reasonable. The JIVT will accordingly approve the deal or in the event of any legal ambiguities, advise the PAP to identify another parcel of land. Additional Measures In principle, Project Management cannot guarantee to provide replacement land to PAPs affected by loss of farmland, but only to provide financial assistance to purchase land.



One or more JIVT will be formed for affected areas. The three members committee will include representatives of RU, selected NGO, and the Union Parishad (local elected body). The JIVT would also act as a grievance redress body and the decisions will be made through majority vote. Project Management will form the JIVT. Evacuation and Relocation The acquired lands need to be evacuated in order to make the land available for pipeline installation. The following incentives are proposed to encourage PAP households to vacate the lands:

i) PAPs are allowed to take away all salvageable materials of the houses and other structures free of cost.

ii) PAPs will be given a lump sum grant of Tk.3,000 towards dismantling and

transportation cost. This grant is paid only after the PAPs have vacated the affected areas.

iii) All PAPs affected by loss of house are given a house building assistance @ 1/8th of the

CCL + 50% premium, subject to a minimum of Tk. 2,000. 3.3.3 Redressing Grievances Given the time that has elapsed between the acquisition of land & other properties and resettlement, a number of grievances and disputes about inclusion in the PAP list and category of entitlement may arise. The following mechanisms will be established to address and resolve grievances that arise during the implementation. APs can appeal against the decision of the GRC in the appropriate court of law in case of dissatisfaction. Preliminary Verification The preliminary list of PAPs and their entitlement will be prepared on the basis of land acquisition records. PAPs will be asked to bring any discrepancies to the notice of RU through field workers. Persons who feel that they have been excluded from the list of PAPs, and hence not received household profile, would also be asked during the information campaign to bring their complaints to RU. They would also be asked to submit relevant records as proof of their claims. The proofs would include:

i) Copies of title deeds (Khatian), compensation awards or mortgage deeds in the case of disputes related to legally owned land;

ii) In case of share cropped or rented land, documentary evidence of the understanding

between land owner and the tenant if there are any or an affidavit signed by the land owner and the tenant;

iii) Rent receipts in case of rented commercial premises;

iv) In the case of squatters, voter list, community witness or any other official membership

records with cooperatives or Grameen Bank etc.

v) In the case of wage employment, wage records if there are any; or an affidavit signed by the employee and the employer.

The RU will review and verity the claims/complaints on the basis of existing records such as land acquisition records and the proofs submitted in support of the claim.



Joint Inventory Verification Team (JIVT) The JIVT will act, apart from providing the necessary institutional assistance for purchase of land, as a dispute/grievance resolving body. The JIVT will have one member representing the Project Management, one representing the NGO and one representing the Union Parishad (union member of the respective ward). Two representatives of PAPs will be invited as observers. The JIVT will review cases referred to it by RU in the light of evidences submitted to it and then hold hearing of the case, normally in the village itself. JIVT would also consult village leaders while taking a decision on matters referred to it. Under normal circumstances, the decision of JIVT will be final and binding upon all parties. If an affected person is still dissatisfied with decision, he/she may appeal to the regular institutions entrusted with grievance redress such as DC’s office or the court of law. 3.3.4 Vocational Training Target Groups The PAPs who do not have definite means of livelihood are eligible for vocational training. However, the program will be more specifically aimed at those individuals and households who are landless and those who were earlier dependent on wage labor or tenant farming/share cropping, but may not be able to continue with the same activity after relocation. Special focus group would be women, educated youths and traditional artisans. Broad Training Modules

i) Skills/trades expected to provide full time employment after the training:

ii) Improvement of existing skills:

There are some technical labors, whose incomes are constrained due to low level of skill. .

iii) Supplementary income generating activities:

These are specifically aimed to provide additional income. The training will be confined between one and two as per market demand of the area. The primary target group would be women. They would be trained through brief training camps (3 to 7 days) organized at the village level.

iv) Skills aimed at improving general quality of life: These skills are not expected to bring any direct economic benefits but can have significant impact on the life of PAPs, particularly women. This is a awareness program only. The areas of training would be: (v) Community health-hygiene, MCH, family welfare; This program will be exclusively for women and will be conducted at villages. The initial training would be of about three-day duration and will be followed by one day refresher sessions after one to three months.



3.4 Resettlement Experience in Bangladesh For economic development, large project and land acquisition are must. Like other countries, Bangladesh also needs large project to implement. In most cases, development projects require land acquisition. The number of affected person on account of land acquisition varies depending on the size of the development project. A major dam (Kaptai hydro –electric project in Bangladesh), a large flood protection /irrigation scheme (Teesta project in Bangladesh) or projects involving development of communication (highways, airports, railways etc) usually displace large number of families. But a small project may also seriously affect a large number of people if the project site is in thickly populated area. In the past, no major project had resettlement option. In 60s Kamlapur railway station had option for resettlement, viz, Public Works Department, Road and Highways Department etc So the affected persons are worst sufferer regarding land price and livelihood etc. The last decade was the implementation period of some large projects where resettlement was the preconditions of project financing by the donors. These are, the Jamuna Multipurpose Bridge project, the Jamuna Bridge Rail Link Project, The Rupsha Bridge Project, The Lalon Bridge project, The Jamuna Bridge Access Road Project, The Bhairab Bridge Project, The Dhaka Urban Transport Project financed by World Bank. Presently on going project of RHD is the Bridge replacement project where roughly 1000 households will be affected. The Jamuna Bridge Project had roughly 100,000 indirect affected people. Direct affected persons were roughly 10,000. The projects had successful resettlement work. There is a resettlement site in the east bank of the Jamuna river. Land for land was the successful option with some limitations. Land price is now increased considerably in the area. Income generating traning and compensation was not utilized fully. Getting money from DC office was a harassing and time consuming process. NGO services were satisfactory . Jamuna Bridge rail line was also a successful resettlement project was roughly 100km from Joydevpur to Sirajganj. This is totally a new line except 5 km on the bridge. About 10,000 people were directly affected in the project. The project was financed by ADB. So far it could be known, some affected persons were unable to collect their CCL money due to non co-operation of DC’s LA section. This is the common practice of DC’s payment System. Rupsha Bridge resettlement program was successfully implemented. About 1000 people were affected directly and the project was financed by Japan. Bangladesh is a densely populated area of 140 million people with an area of 147,570 sq. km. So land is a scarce here and average per capita income is also low in the country. From the above experience government will make a National resettlement policy and all land related sufferings should be minimized regarding CCL payment. Responsible NGO will be an alternative for CCL payment but this is subjecting to the parliament decision. So affected persons of national projects are to be properly compensated and government will take proper measures to safeguard the interest of the affected persons. 3.5 Resettlement and Rehabilitation Requirements The existing policy relating to resettlement of PAPs in connection with acquisition of land and properties both for the directly and indirectly affected persons is a much more equitable approach than it was the case in the past. So, it is obvious to assess the number of PAPs who are required to be compensated and resettled as per policy set forth by the GoB and the Donor Agencies. A total of 40.80 hectares of affected land area will require payment of compensation. On the other hand, so far as the affected structures are concerned; some structures will also be



affected due to the implementation of the project. So, there will be a considerable requirement of payment of compensation for stakeholders in the present project. 3.6 Land Requisition Requisition of land required for the pipeline construction will be undertaken in accordance with the above-mentioned ordinance that sets out the procedures and requirements for the purpose. With prior approval of the Government, the DC can decide on the requisition of any property requested by the concerned agency (GTCL) for a period of two years, which will be extended if necessary. The amount of compensation for such temporary loss of land will be equal to the estimated rent that would have been payable for the use and occupation if it had been taken on lease for that period plus compensation for estimated expenses for vacating and reoccupying the property. The contractors will be asked to restore the requisition land to their original status. 3.7 Income Restoration Strategy As per ADB’s policy of resettlement, the livelihood of the affected persons should be better if possible. At least the previous economic status is to be maintained. So the RP has been designed in such a way that the affected persons’ economic condition will be much better. Three months income restoration grant will be provided for income loser on the other hand scope for training and micro-credit will be provided NGO. The authority will engage affected persons in the construction work, if possible. The concerned by NGO will make plans for awareness program and market-oriented training for economic development of the affected persons. The authority will provide a revolving fund in the support of commercial bank in the area for credit program. So, it will be expected that their economic condition will not be deteriorated. Loss of land will be compensated at replacement cost. A cash grant will be provided to account for the difference between the compensation provided under the Acquisition and Requisition of Immovable Property Ordinance (ARIPO) and the replacement value. The replacement value will be based on the market value determined through a land market survey by the Joint Inventory Verification Team. Loss of structures will be compensated in accordance with the compensation provided under the ARIPO plus a house construction grant OF 2,000 OR 1/8th

the value of the ARIPO compensation, whichever is higher. Households owning less than 100 square meter homesteads and losing all or more of their homesteads will be provided with a minimum of 100 square meters of land through private land purchase. APs losing wage labor or employment will be provided a one-time maintenance grant of Tk. 100 per day for 90 days and will be provided vocational training. Preference will also be provided to APs in engaging labor for subproject activities. Compensation for other categories of losses are identified in the entitlement matrix. APs without a definite means of livelihood are entitled to vocational training. The programs are specifically aimed at landless households, wage laborers and sharecroppers affected by the project. Long-term training (2-6 months) will be provided on motor mechanics, diving, rickshaw assembly and repair, secretarial skills/word processing, plumbing, electrical and metal works, and manufacturing of rural sanitary equipment. Short-term (3-5days) skills training for those engaged in low-skill activities will be provided in fisheries, animal husbandry, vegetable raising and crop diversification, low-cost house supplementary income generating activities will also be provided to target groups such as women on plant nurseries, tailoring and handicrafts, bee keeping, and homestead gardening. Skills training will also be provided for women on community health and hygiene, family welfare, and fuel efficient smokeless indigenous ovens-to improve their quality of life. Vocational training packages will be contracted out to nongovernmental organizations (NGO)



3.8 Legal Framework The policy framework and entitlements for the Projects are based on national law (Acquisition and Requisition of Immovable Property Ordinance of 1982) and ADB’s Policy on Involuntary Resettlement (1985). The DC is empowered to permanently acquire or temporarily requisition property and legal owners are eligible for compensation. The DC assesses the level of compensation, taking into consideration factors such as: land transactions in the locality over the past 12 months and the present market rate. The amendments to the ARIPO in 1993 increased the amount of the premium (to reflect market or replacement values) for compulsory acquisition from 25 to 50% on the assessed value of the property. The 1994 amendment provides provision for payment of crop compensation to tenants. The ARIPO does not cover compensation for loss of wage income and displacement transport; it also does not cover losses of non-titled persons (squatters, encroachers, etc.) aside from crop losses to tenants. For the purpose of acquisition and requisition of immovable properties in Bangladesh, the government, taking into consideration all previous Acts, Rules, Ordinances etc., have prepared ‘Acquisition of Immovable Properties Manual-1997’. This manual guides all acquisition and requisition of immovable properties, for the purposes whatsoever as well as payment of compensation for all sorts of losses. For ready reference in connection with the proposed acquisition and requisition, one set of the ‘Acquisition of Immovable Properties Manual-1997’ is furnished herewith (Annex-1). 3.9 Legal Adviser The Project Management will seek advice of GTCL’s legal department whenever necessary. If necessary, it will appoint a legal advisor as a retainer for all legal matters including resettlement 3.10 ADB Policy Requirement Consistent with ADB policy, this framework and resettlement procedural guidelines will apply to all projects under the sector loan. This will ensure that persons affected by land acquisition will be eligible for appropriate compensation and rehabilitation assistance. The framework reflects the borrower’s land acquisition laws and regulations as well as ADB’s policy on Involuntary Resettlement (1995) and other social safeguard guidelines. It stipulates eligibility and provisions for all types of losses (land, crops/trees, structures, business/employment, and workdays/wages). If land-for-land is not a feasible option, APs will be compensated at full replacement costs. In addition APs will receive additional grants to match replacement costs for lost assets (land and house), transaction costs such as documentary stamps and registration costs (in case of purchase of replacement land), and other cash grants and resettlement assistance such as shifting allowance, compensation for loss of workday/income due to dislocation. Female-headed households, indigenous peoples households, and other vulnerable households will be eligible for further cash assistance for relocation and house reconstruction. A general entitlement matrix that will apply to non-core subprojects based on specific project impacts is given in Table-5.1. 3.11 Comparison of National Compensation law with ADB’s Resettlement Policy In case of acquisition only CCL +50% premium is given to the legal owners of the land. For structures, tress and crops actual prices are given to the legal owners. No payment for the squatters and wage losers for regaining the economic condition is allowed incase of the owners



of acquisition and requisition land. But ADB resettlement policy is, where no option for “land for land” is possible, compensation is to be paid at replacement market value. Squatter, wage loser, business loss, loss of indigenous people and women should be specially handled, so their economic condition will not be deteriorated. Wage loser should be given especial training and support in regaining previous socio-economic condition. Valuation of the standing crops is determined by DC with the assistance from the Agriculture Marketing Extension Services. The ADB Involuntary Resettlement and Rehabilitation Policy requires that the displaced persons should be (i) compensated for their losses at replacement costs; (ii) assisted with the move, during the transition period at the relocation site; and (iii) enabled to reconstruct a land-based productive existence; and (iv) assisted in their efforts to improve their former level of living standards, income earning capacity, and productive levels, or at least to restore them. The absence of legal titles to land should not be a bar to compensation. In other words, all PAPs should be benefited from the Project, irrespective of their legal status as landowners or users of project acquired land. The Policy also requires that population displacement should be avoided or minimized whenever possible and that the PAPs and host population should be involved in resettlement planning and implementation. 3.12 Management Information System The resettlement exercise is complex and cumbersome. Administrative measures and financial control is mandatory. A Management Information System will be designed and Manager and Accountants in the field will be trained on how to operate the system. 3.12.1 DC’s Role in CCL Payment DC is the key role player in CCL payment in the existing law. But due to bureaucratic problem, land law related limitations and people’s unconsciousness in many cases land document is not up-to-date. DC is the only authority in primary identification of APs. All other related payments depend on DC’s assessment. 3.13 Role of Resettlement Project Manager The concerned project Manager will be responsible for supervision and authority for guidance in implementing RP efficiently by proper mobilizing his staff. DC plays a key role for the requiring body in land acquisition and payment of CCL. Project Manager will appoint a responsible officer to liaise with the DC’s Land Acquisition section for time-to-time progress monitoring and identification of problems and solution.


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Chapter-04

CONSULTATION, DISCLOSURE AND GRIEVANCES REDRESSAL 4.1 Community Consultation during Survey and Design In order to identify vulnerable groups, which may be adversely affected by the project, and to formulate measures in consultation with them to avoid sufferings and to mitigate or compensate them for any adverse effects, consultation with the stakeholders and PAP’s began in January 2005 with the survey and consultation of the project. Several meetings were held during survey and consultation with the stakeholders at different locations along the proposed route of the pipeline. They were provided with the information about the project and its possible impacts in terms of land acquisition and relocation (See photographs-Annex-2). In general, the possible project affected persons (PAP’s) depicted very positive views towards the gas sector development of the country in general and execution of this particular project along their localities in particular. It has been revealed through consultations with the stakeholders and the affected groups that they are willing to participate in the assessment process with best of their co-operation. In fact, the following tasks were performed to complete the aforementioned consultation process:

• Identification of the key stakeholders and close consultation with them on their views about the project and resettlement effects;

• Identification of the vulnerable groups • Dissemination of information through distribution of leaflets (See sample Annex-3) • Applying appropriate communications strategies through group discussion with the field

and supervising staff to ensure effective communication of information; • A formal consultation with the affected groups and PAP’s while filling in the pre-set

questionnaires (See sample Annex-3); • Taking views of affected groups and local NGOs fully into account.

Community consultation is a continuous process in successful project completion. The GRC and resettlement field staff will be in close contact with the affected persons. They will arrange weekly, fortnightly or monthly meeting with the affected people when necessary. The minutes will be preserved and will be sent to the authority. 4.1.1 Mechanisms for Stakeholder Participation in Planning, Management, Monitoring

and Evaluation: i) Community participation should be started from the socio economic survey the affected

person’s view, idea, resettlement choice, compensation policy is usually revealed from this survey findings.

ii) Land market survey for compensation package is another participation of the affected stakeholders in case of payment compensation

iii) Identification of EPs and issuance of ID cards is another recognition of people’s participation where public representative will certify the real affected persons.

iv) Participation of Grievance Redress committee is another recognition of the affected ones.

v) Computer based entitlement record by NGO is also another means which identifies one’s participation.



4.1.2. Mechanisms for Resolution of Conflicts and Appeals Procedures A grievance redress committee will be formed. Concerned Project Manger of the of NGO will be from NGO and a public representative i.e chairman of the concerned Union parishad of the local government will be from the affected person’s representative headed by a officer of RU of GTCL equivalent to Manager (RU). The committee will receive the application from the affected stakeholders about their grievances and every month they will solve the grievances. Other than disputes relating to ownership rights under the court of law, the GRC will review grievances involving all resettlement benefits, relocation, and other assistance forwarded by the RU or APs. Grievances will be redressed within 2-4 weeks from the date of lodging the complaints. The APs can appeal the decision of the GRC in the appropriate court of law or to DC, depending on the nature of the grievance. 4.1.3 Information Dissemination Process For information dissemination, GTCL and Concerned NGO will publish a booklet by mentioning the project’s aim, compensation matrix etc. for the affected stakeholders and will arrange meeting, group discuss etc. for peoples’ awareness. Information campaigns will be held for APs to provide inputs to the RP. A resettlement information leaflet containing information on compensation and resettlement options will be made available in local language(s) and distributed to APs. The Project Management Office (PMO) through staff of its resettlement unit (RU) will conduct consultations in affected villages to explain the resettlement plan in coordination with village and religious leaders. Each AP will be provided information regarding specific entitlements. Disputes on entitlements can be forwarded to the RU for appropriate action. The summary RP will be disclosed on the ADB website, and information dissemination and consultation will continue throughout the project implementation period. 4.1.4 Key Stakeholders /Local NGO Identification Process Consultations with the key stakeholders were held at the time of field survey. It is a continuous process till the completion of the project. GTCL and NGO will do that job and also Deputy Commissioner (DC) will arrange meeting, at the survey time, School teacher, village leaders and local government’s member and Chairman are etc. contacted in group and individually and with particular attention to female headed household interviews. 4.1.5 Information Dissemination to Female Headed Households Female-headed households are to be handled carefully. NGO will hire some female field workers for information dissemination ion. Focus group and personal contact are important for information campaign to the female. 4.1.6 Summary of Consultation Consultations of the key stakeholders were held at the time of field survey. It is a continuous process till the completion of the project. GTCL and NGO will do that job and the Deputy Commissioner will arrange meeting (DC), at the survey time, School teacher, village leaders and local government’s member and Chairman were contacted in group and individually and female headed household were also interviewed through focus group meeting with the help of the villagers. At implementation period the implementation NGO will do the job. Also local NGO representative were interviewed. Some important highlights of public consultation are given below: i) Focus Group Discussion (FGD) Summary:

• The affected people should be given employment scope during construction period • Ensure compensation for tree loss



• Proper compensation • Community and religious sites are to be saved • Scope of gas consumption facilities to the villagers • Unemployed youths are to be given scope of training and employment.

ii) Key Informant Interview (KII) Summary Report:

• To take care about the public safety as well as that of pipelines at critical locations. In order to remove any fear of explosion the authority should exercise adequate care in construction & maintenance of pipeline.

• Pipeline should be laid & buried properly after welding/construction is over. • Works should be faster lessening the loss of production of crops. • The gas should be cheap and available to the limited income group at the earliest

possible opportunity and consideration of any subsidy/discount at the initial stage would be highly appreciated.

• Use of quality material & best workmanship for safe and durable pipeline system and to provide uninterrupted supply to the consumers.

• Prompt placement of fund by the requiring bodies for quick completion of acquisition and requisition process.

• The executing agency should follow all rules, regulations in construction. • Care should be taken for ensuring the least possible damage to LGED built roads &

structures during construction of pipeline and informing them well ahead in crossing such roads.

• Emergency response plan should be taken to meet any eventual accident. • Steps should be taken for the efficient & selective use of natural gas & particularly to

encourage CNG for all sorts of land & river transports to save foreign exchange and favoring the environment from use of lead & sulphur prone imported petroleum products.

4.2 Ensure Community Participation It has been observed through the foregoing exercise that the reason behind their affirmative views is due to the fact that the project activities will progress along a strip alignment only and Monohordi-Dhuna-Elanga East Bank of Jamuna Bridge GTPLP would cause no major disturbance regarding resettlement to concerned persons for livelihood and income. Further, the PAP’s will be duly compensated as per the law of the land. Further more, it is most likely that after completion of the project, most of the land may be used for agriculture. However, their only concern was the timely and uninterrupted payment for the affected homestead, trees, structures and the cultivated lands. They seemed to be happy to note that GTCL has, while passing their pipeline route, has avoided most of their homesteads, trees and structures and aligned it through fellow land in general. This feeling has been enhanced by the assurance that GTCL has taken Resettlement and Rehabilitation option as to ensure PAPs’ socio economic interest. . It should be mentioned here that in the implementation period, no restrictions of use will be applied beyond the ROW width. In addition, another important point is clarified here that the value of the standing crops will be determined by DC with the assistance from the Agriculture Marketing Extension Services and any additional valuation by JIVT for compensation will be paid by the project. At the implementation period contracted NGO will implement CRP (Contracted Resettlement Plan) as per above legal framework and this will be included in the bidding document and section-15 of the matrix will be duly replaced. 4.3 General The project will affect four categories of people. They are mainly the owners of the land, the owners of the structures, the tree losers and the crop losers.



4.4 Resettlement Needs and Choices The scope of resettlement, particularly relocation and rehabilitation of affected persons due to the project is limited to only 16 homestead loser and 10 housing structure loser. At this stage 146 affected persons are identified. The land and structure owners require payment of their compensation at replacement market value. The Property Valuation Advisory Committee (PVAT) will suggest the real price as per market price and additional allowance i.e. dismantling and construction cost that should be provided to the respective affected persons. 4.4.1 Income Restoration Grant

The income loser APs will be given 90 days income restoration grant @ Tk 100 per day. This period is considered sufficient for the APs to regain their previous position and income, as per previous experience on other projects. The pipeline construction will be undertaken in segments, and income disruption will not be for the whole construction period, but will also be in segments based on the section of pipe being laid. . So the APs ultimately get more time in regaining income restoration. Further, the APs can take recourse to grievance procedures if period of income loss is more. 4.4.2 Skill Identified in the Training Courses In the field observation the following training items have been identified for income restoration. These are new skills that would require typically 2-3 months of training and would need to be carried out at an existing or specially created facility. The most suitable skills are identified as:

Motor mechanics; Driving; Rickshaw assembling and repairing; Secretarial skills/word processing; Plumbing, electrician, metal works; Manufacture of rural sanitary equipments.

There are some technical labors, whose incomes are constrained due to low level of skill, engaged in the following activities:

Fisheries; Poultry; Vegetable cultivation/crop diversification; Low cost house construction; Animal husbandry/dairy; Carpentry (boat building and repair); Hand looms

These are specifically aimed to provide additional income. The following areas are considered as suitable:

Plant nurseries; Tailoring and handicrafts; Bee keeping; Homestead gardening.

The above trainings are the tentative outline but during implementation the RU will choice one or two priority basis market oriented trade and that trainings will given for income restoration 4.4.3 Loss of Common Property As earlier discussed, no loss of common property has been identified.



4.4.4 Resettlement Zone Resettlement zone means a planned resettlement site where involuntary affected person are resettled for the housing a structures. Resettlement zone is not necessary for the pipeline as this involves a narrow alignment and will require strip acquisition. The pipeline alignment will mainly pass through the paddy land and it is a strip acquisition. Most of the Land losers are farmers. So, no resettlement zone has been suggested in the RP preparation. 4.4.5 Mode of Payment People’s response regarding mode of payment are given as follows. Most of the identified stakeholders prefer payment from NGO. But DC office has some mandatory role in legal payment of the same. People also have choice of payment from bank and not in cash. Cash payment too, is against the resettlement ideas for various reasons. Table-4.1: Mode of Payment

Organization Households No. % NGO 363 100 Total 363 100



Chapter-05

COMPENSATION, ENTITLEMENT AND RESETTLEMENT BUDGET 5.1 Land Acquisition and Compensation Policy Matrix The Matrix presented earlier outlined various losses, methods of identification of entitled persons (EPs), compensation benefits etc. in terms of restoration of income and livelihood of the affected people. The Resettlement Matrix presented below identifies the losses and the compensation payment mechanism. Table-5.1: Entitlement Policy Matrix

Type of Losses

Definition of APs Entitlement Implementation Issue Agency

Responsible 1. Loss of agricultural land

Owner(s) of a plot as recorded in title deeds

a. CCL+50% premium b. Cash grant to cover the difference between CCL+5O% premium and cost of equivalent replacement land c. Cash compensation for losses of profits and income due to the loss of property or access d. Stamp duties on purchase of land

a. Replacement value will be determined by the JIVT. The maximum amount of cash grant will be the difference between the total CCL+50% premium and the replacement value determined.

a. DC b. Cash grants-Protect c. Refund-Project

2. Loss of commercial land (rural and urban)

Owner(s) of plot as recorded in title deeds

a. CCL+50% premium b. Cash grant to cover the difference between the CCL+50% premium and the cost of equivalent replacement land c. Cash compensation for losses of profits and income due to the loss of property or access d. Stamp duties on purchase of land

a. Replacement value will be determined by the JIVT. The maximum amount of cash grant will be the difference between the total CCL+50% premium and the replacement value determined.

a. DC b. Cash grants-Project c. Refund-Project

3. Loss of homestead land (rural and urban)

Owner(s) of homestead plot as recorded in title deeds

a. CCL+50% premium b. Cash grant to cover the difference between the CCL+50% premium and the cost of equivalent replacement land c. Stamp duty refund

a. APs opting for purchase should identify the homestead land. b. Project will explore the possibility of staggering the evacuation of APs to ease the resettlement process. If homestead is less than 100 sqm, land-for-land will be prioritized.

a. DC b. Cash grants -Project c. Refund-Project,

4. Loss of homestead (rural and urban)

Households living as squatters on public/private land

a. Cash grant equivalent to the market price of a 100 sqm land .

a. List of eligible persons will be finalized by JIVT. b. APs opting for purchase should identify the homestead land. c. Project Management Will explore the possibility of staggering the evacuation of APs to ease the resettlement process.

a. DC b. Cash grants-Project c. Refund Project

5.Temporary loss of land regardless of use

Titled and untitled APs

a. CCL+50% premium b. Cash grant to cover the difference between the CCL and the JIVT assessed rental value or income/profit lost c. Cash grant to reflect expenses of vacating land, reoccupying land and damages, in accordance with ARIPO

a. The maximum amount of cash grant will be the difference between the total CCL+50% premium and the rent of land or income & profit lost determined by JIVT. b. EA will ensure contractors reinstate land and affected common resources to pre-project levels upon project

a. DC b. Cash grants-Project c. DC d. EA/Contract



Type of Losses


Responsible completion. Contractors will also maintain common infrastructure during construction including irrigation and drainage.

6. Loss of Ponds and fish stock

Legal owner of pond to get compensation for land while usufruct right holder, legal or socially recognized, APs to get compensation for fish stock

a. CCL+50% premium b. Cash grant to cover the difference between CCL+50% premium and the replacement cost of pond, including cost of land and digging c. Cash compensation for losses of profits and Income due to the loss of property d. Training

a. Replacement value will be determined by JIVT. b. If pond is on public land and not under lease from Government, AP is entitled to compensation for 25% of the existing fish stock, and allowed to retain the entire fish stock.

a. DC b. Cash grant-Project

7. Loss of houses! structures used for living and commercial activities (rural and urban areas)

Legal owner of structure

a. CCL+50% premium b. Transfer grant of Tk. 3,000 c. House construction grant at 1/8 of CCL+50% premium subject to minimum of Tk. 2,000 d. AP permitted to retain salvageable building materials e. Cash compensation for losses of profits and income due to the loss of property

JIVT to find out realistic construction costs of the most common types of houses/structures. The costs determined will be used in cases of disputes/grievances regarding compensation rates for structures.


8. Loss of houses/ structures used for living and commercial activities (rural and urban areas)

Untitled APs (squatters on public/private lands)

a. CCL+50% premium b. Transfer grant of Tk. 3,000 c. House construction grant at 1/8th of CCL+50% premium subject to minimum of Tk. 2.000 d. AP permitted to retain salvageable building materials e. Cash compensation for losses of Income due to loss of property

JIVT to find out realistic construction costs of the most common types of houses/structures. The costs determined will be used in cases of disputes/grievances regarding compensation rates for structures.


9. Loss of timber and fruit trees, bamboo and banana groves

Legal owners determined by DC and untitled users of land

a. CCL+50% premium b. Cash grant to cover the difference between the CCL+50% premium and current market value c. AP to be permitted to cut and take away the trees and fruits

a. Government will issue executive orders allowing the APs to cut and take away the tree and fruits.

a. DC b. Cash grant-project

10. Loss of standing crops

Cultivator (see definition)

a. CCL+50% premium b. Cash grant to cover the difference between CCL+50% premium and the market value c. Minimum two crops and multiple crops in case protracted implementation.

a. Market value at harvest determined by JIVT b. Verify whether or not crops are In existence at the time of handover

a. DC b. Cash grant-Project

11. Loss of wage income

Affected wage laborer in agriculture or non-agriculture sectors,

a. One time cash grant of Tk 9,000 (Tk 100x90 days) b. Livelihood and skills training

APs to be trained in productive activity, trade or skill. NGOs to develop suitable training and credit modules and provide training. Cost of training facilities and training will be borne by Project. Special scheme will be developed for women APs. Local branches of commercial bank will be instructed by the Government to provide loans to trained persons on a priority basis.

a. Cash grant-Project. b. Training-NGO/Project c. Loan-Financial Institutions.



Type of Losses


Responsible 13. loss of business Income from displaced commercial premises (rural and urban)

1. Any business person operating on the premises as tenant at the time of notification 2. Owner of the rented out premises

a. CCL (1/4 of yearly income) +50% premium b. One time moving assistance of Tk. 3000 c. 3 month’s rent to owner of the premise on private land d. Cash grant to cover the difference the CCL+ 50% premium and the actual income loss for three months e. Training

1. Compensation for loss of business income determined by JJVT. 2. Rent of premises determined by JIVT through verification. 3. Potential trainees selected by JIVT.

a. DC b. Cash grant-Project c. Moving assistance-Project d. Training NGO/Project.

14. Loss of usufruct right on mortgaged. Leased, and Khai-Khalasi land.

1. Persons with legal agreement 2. Persons with verbal agreement

a. CCL (1/4 of yearly income) +50% premium b. Cash grant to cover difference between CCL +50% premium and replacement value

1. Legal agreement Legal owner and mortgage/leaseholder will be paid CCL+60% premium by DC. 2. Verbal agreement Legal owner will pay the outstanding liabilities upon receipt of CCL. 3. If the CCL is smaller than replacement value, legal owner will get top up as grant: if i) all liabilities are already paid up, ii) if not, the legal owner will get residual. If liabilities exceed the amount of grant, the landowner will pay. 4. In case of any dispute, J1VT will verity and decide.

DC

15. Disruption of private or common property

Titled owner, tenant, untitled user, community

Restoration to original status 1. Prior to disruption verify existing crops or structures to be restored after project completion

Contractor

16. Vulnerable APs

Female headed, (AP and households with less than Tk 3,000 monthly Income

Assistance to mitigate negative Impacts on vulnerable groups

1. Livelihood and skills training 2. Preference for project related employment

1. NGOs 2.Project

17.Unforesee n loss

Person affected adversely by Project other than the above categories.

Assistance to mitigate impacts Mitigation measures to be proposed by RU. Project will closely coordinate activities, monitor, and mitigate adverse Impacts.

Mitigation Assistance-Project



5.2 Budget Budget is calculated on the basis of the following type of loss and RP management principles as applicable:

Description of Losses Applicability Consideration

(a) Payment of Compensation Land √ House sites √ Houses √ Wells √ Trees/crops √ Other immovable properties ×

(b) Resettlement Purchase and development of resettlement sites × Civil amenities × Social infrastructure × Movement of PAPs √ Transportation of household goods, cattle etc × Transit camps including temporary shelters, provision of health care × Potable water, food, firewood, fodder etc. × Resettlement Allowance √

(c) Rehabilitation Resettlement package including land-for-land, productive assets for

income restoration, linkage with Government schemes ×

Resettlement allowance, training etc. √ (d) Project Management Socio-economic studies and RPs √ Training of R&R staff × Monitoring and Evaluation √

(e) Project Administration Capital including building, equipment, furniture and vehicles √ Recurring including salaries, stationary, postage, fuel, maintenance

of equipment and vehicles etc. √

Contingencies √ The resettlement budget has been estimated on the above principles. However, in future, it may be reviewed in the context of changing needs. So a tentative budget has been prepared on available data. The resettlement cost estimate includes all costs regarding resettlement preparation, compensation for land and structures including relocation. GTCL will allocate necessary funds for the implementation of the plan. 5.3 Costs This Resettlement Action Plan (RAP) has been prepared taking into account all the losses usually incurred by the PAPs due to land acquisition, as well as the compensation entitlements against the losses. The ADB guidelines that include ‘Operational Directive-4.30 of the World Bank’ have been followed. The RP details the loss categories. The unit cost of each category will be broken down in terms of their qualitative and other characteristics that may make a difference in actual costs and compensation. So a tentative budget (Table-5.2) has been produced on available data. Details of the estimated amount are presented in Annex-5 as Resettlement Census Data. The estimated cost of acquisition and resettlement has been allocated specifically for avoiding constraints in progress due to budgetary procedures.



Table-5.2 : Estimated Budget

Cost Item

Amount (Tk.)

Payment DC Project

1. Replacement value of land (82.40ha ) (82.40x2.47x@Tk 1,025,188/Acre) budget for acquisition

208,654,463

CCL+50% Premium

Rest as grant

2. Compensation for affected structure (49 Structure) i) Cost of structure (@ 50,000+50% premium=1225000) : 3675000 ii) Transfer Grant & Dismantling Cost @ 3,000/structure : 147000 iv) Construction Grant @ 10,000/structure : 490000 4312000

CCL+50% Premium

Rest as grant

3. Compensation for trees ( 48967 trees)+50% premium i) 11864 big trees 5700305 ii) 16089 medium 2850219 iii) 21014 small trees 1661798

iv) Income loss for fruit @ 10% as grant lump sum amount 6450 10218771

CCL+50% Premium

Rest as grant

4.1 Compensation for Standing crops (land under acquisition).

Total land :82.40 Acre. (40mdx80.40x2.47xTk300) 2383056 4.2 Renting of requisition land-40mdx2cropsx154.5x2.47xTk300

9158760

Budget for requisition land 11,541,816

CCL+50% Premium

Rest as grant

5. Compensation for loss of wage income (3 personsxdaily wage x 90 days.

One time cash grant : (3x100x90) assuming APs = 3 27,000 NGO Grant

6. Stamp & additional grant @ 20% on land price 41,730,893 NGO Grant 7. Incidental charge (to be deposited with DC)

i) 10% on estimated cost 27,648,494 - -

8. Training cost (lump sum amount) 1,000,000 NGO Grant 9. Cost of NGO Services (lump sump) 2,500,000 - - 10.Contingency (lump sump) 1,000,000

Grand Total: 308,633,437

Note: 1. Average land price from field survey per Acre 2. Assuming per acre production 40 Maund & Tk 300 per Maund 3. CCL to be paid by DC is assumed to cover 65% of the preset market value 4. Land related conflicts may cause delay in payment of compensation for land 5. Establishment cost of DC’s office is charged along with CCL requirements 6. GTCL will manage resettlement activities with its own manpower with the assistance of the NGO. A

lump sum contingency has, however been provided which may be used increase of any additional requirements whatsoever.

Table-5.3 : Detailed Resettlement Budget with Specific Timing for Release of Fund.

Release of Fund (Tk.) Sl. No. Items Total TK. 1st to 6th

month 7th to 12th

month 13th to 17th

month 1 Land acquisition (Replacement value) 208,654,463 100,000,000 100,000,000 8,654,463 2 Land requisition (Compensation for standing

crops) 11,541,816 6,000,000 5,000,000 541,816

3 Compensation for structure (Including Transfer grant and Construction grant)

4,312,000 3,000,000 1,000,000 312,000

4 Compensation for trees 10,218,771 6,000,000 4,000,000 218,771 5 Compensation for wage loss 27,000 10,000 10,000 7,000 6 Stamp duty & additional grant 41,730,893 30,000,000 11,000,000 730,893 7 Incidental charge 27,648,494 10,000,000

10,000,000 7648494

8 Cost of Training 1,000,000 500,000 300,000 200,000 9 Cost of NGO services 2,500,000 1,500,000 500,000 500,000



10 Contingency 1,000,000 600,000 300,000 100,000 Total : 308,633,437 157,610,000 132,110,000 18,913,437

i) CCL (Price of land as determined by DC) is assumed to cover 65% of the present market value. ii) Land related conflicts may cause delay in payment of compensation for land GTCL will allocate necessary

funds for the implementation of the plan.


© BETS-Chapter-06: Institutional and Implementation Framework Page-37

Chapter-06

INSTITUTIONAL AND IMPLEMENTATION FRAMEWORK 6.1 Organizational Responsibilities Clear definition is essential for presenting this chapter. Institutional or organizational responsibilities means the clear picture of responsibilities are to be done by different manpower involved in implementation of RP in different phase of work and also responsibilities assigned on the organization involved in performing the resettlement work. The requiring body will play various roles for implementation of RP. However, on behalf of requiring body someone or some persons will do the job. So all responsibilities have been clearly identified. 6.1.1 Organizational Framework The Project Management is responsible for the resettlement of the people affected by the project. For efficient implementation and management of the resettlement activities, a Resettlement Unit (RU) headed by Manager (Resettlement) is to be established. The RU will be responsible for the implementation, management and monitoring of the RP. The Project Coordination Unit (PCU) to be set up in GTCL for monitoring implementation of the Gas Transmission Component will provide overall coordination on land acquisition and resettlement activities for all subcomponents The Project Management fully recognizes the very complex nature of the resettlement operation and the limited availability of personnel with relevant expertise. It will be neither practical nor feasible for the Project Management to develop all necessary in house expertise and capacity within reasonable period. It is therefore, necessary to delegate specific areas of work to specialized agencies such as experienced NGOs and similar other organization. The NGO’s experience with carrying out various socio-economic development programs and their ability to work closely with beneficiary population will be of great advantage in the implementation of the RP. In addition, Project Management will seek cooperation and participation of other government agencies such as District Administration, Forest Department, Agriculture Department as well as Lending Institutions in the implementation of the resettlement program. Project management will make arrangement for all of its staff of resettlement unit so that proper orientation is provided to them regarding resettlement activities. This would help the project implementation will to be smooth. For women’s interest, ADB resettlement policy has strong recommendation to recruit female staff for better resettlement of woman stakeholders. So project management should be dealing with this issue accordingly. The Project Management is responsible for:

Overall implementation of the Resettlement Plan within the policy guidelines of GOB including those of ADB.

Timely release of funds to the District Administration and to the resettlement unit is necessary to implement the resettlement program according to the approved implementation schedule.

Delegating appropriate responsibility and power to the Project Manager (Resettlement) as required for smooth implementation of the RP.



Figure-6.1: Organizational Arrangement for Resettlement

GOB

Ministry of land MD, GTCL

DC

LAO

JIVT

Land Acquisition Cell

Banks

Project Manager

Manager (RU)

NGO

PAP Field Worker



6.1.2 Resettlement Unit 6.1.2.1 Tasks The main tasks of the Resettlement Unit (RU) are:

Overall planning, implementation and monitoring of the resettlement program. Design and set up necessary computer facilities. Ensure that all EPs are identified and provided with their respective entitlement

according to the resettlement policy. Ensure timely acquisition of lands by the district administration, and payment of

compensation prior to construction. Form JIVTs and make those operational. Monitor the effectiveness of entitlement packages and propose modification, to Project

Management, when necessary. Prepare Term of Reference for NGOs/other agencies that are to execute specified

components of resettlement program. Select and appoint NGO/agencies and monitor their progress. Prepare and submit monthly and quarterly progress report to Project Management. Study and monitor unforeseen adverse impacts during and after construction works. Liaise with other governmental and non-governmental agencies in the country on

matters of mutual interest related to resettlement. 6.1.2.2 Staff Organogram of the RU is shown at Figure-6.2. During the period of resettlement implementation, most of the staff will be deployed in the field. One Manager will be based in the field for the full duration of the resettlement works. Liaison between the field and Head Quarters i.e. Dhaka will be through bi-weekly visit of the Deputy Manager to the field office. Field workers will be recruited from the project area to assist in village level implementation of RP. The RP recommends that the field workers will be recruited by the implementing NGO. 6.1.2.3 Logistics One field office will be established at Natore and made operational. The field staff will be provided with necessary vehicles and other transport facilities. The Project Management will set up the field office. 6.1.2.4 Recruitment Recruitment, training and deployment of RU staff may be materialized soon with specific job description. And it would be done by internal arrangement of the GTCL.



PROJECT MANAGEMENT Resettlement Unit

Figure-6.2 : Manpower Organogram

Social Development Specialist

Sub-Asstt. Engineers (5) Admin/Accts/ Finance/Estate

Officers (4) Computer Operator (2) Attendant/Helper (2) Security Guard/Ansar (3)

Asstt. Manager (ADMIN.) (1)

Deputy Manager (Engineering) (1)

Manager (RU)

PROJECT MANAGER



6.1.2.5 Job Description Function of Project Manager Project Manager (RU) will be the head of the Resettlement Unit and he/she will work under the overall guidance and supervision of the Project Management. The Project Manager will be directly responsible for executing all tasks assigned to the Resettlement Unit and any other tasks assigned to him by the Project Management from time to time.

i) Project Manager, as the head of the Resettlement Unit, will: (a) Prepare job descriptions for Deputy Manager, delegate tasks, responsibilities

and powers to them, and supervise their work. (b) Plan, organize and manage the implementation of RP in consultation with other

participating agencies and in accordance with the time schedule. (c) Identify and bring to the notice of the Project Management any policy and the

administrative or financial actions that are necessary at the governmental level for smooth implementation of RP.

(d) Submit comprehensive periodic progress reports to Project Management and other concerned agencies.

ii) Project Manger will also exercise the power in establishment matters including the

following; (a) Project Manger will arrange appointment of project staff with prior sanction of the

posts. In cases of recruitment, promotion, transfer and disciplinary action against the staff, normal rules of the Government/GTCL will be followed.

(b) Administrative control over all officers and staff of the resettlement unit including sanction of leave.

Functions of Manager The Manger will be the field level-implementing official of the Resettlement Unit. He will be stationed at field and will be responsible for the overall implementation of all field level operation related to resettlement. This would include:

a) Ensure timely payment of entitlements to PAPs. b) Develop a system of verification of all transactions. c) Keep close contact with PAPs, inform them about entitlement and resettlement

program, verify claims and grievances and accordingly take necessary actions. d) Ensure that all legal and administrative formalities necessary for giving

entitlement to PAPs are completed. e) Submit regular progress report.

6.1.3 Non Government Organization Non-Government Organizations will act as intermediaries between the population and the government and in particular the Project Management. The Project Management has an objective that the PAPs should be treated in a fair manner and hopes that NGOs can, on the one hand, contribute to the implementation of a fair resettlement program and on the other hand participate in monitoring implementation to ensure that the principles are applied uniformly and the programs are leading to restoration of PAPs’ social and economic well being. NGO will recruit the following Staff for 6 (six) months time period.

i) Team Leader ii) Project Manager



iii) Field Staff-5 The recruitment will be as per Budget Provision. 6.1.4 About Budget Provision Cost Estimate in the Chapter-5 is exclusively for DC’s land payment and NGO activities. Resettlement activities and RP implementation has two aspects, one from the requiring body and second from the NGO activities. The requiring body will coordinate and supervise the resettlement program through its Resettlement Unit (RU).The contracted NGO will implement the RP. All sorts of resettlement work will be done by the NGO on behalf of the requiring body including information campaign. The proposed budget is given in the relevant chapter. No separate budget is needed for information dissemination. Administrative cost is purely involved with the requiring body. Salary, administrative cost of the requiring body will be borne by the permanent budget provision of the GTCL. 6.2 Time Schedule for RP Implementation The RP provides a series of resettlement activities, several of which will have to be executed simultaneously for smooth implementation. A schedule for start and finish of the activities is in Figure 6.3. Tentatively, the resettlement work will be finished by November 2006. However, compensation payment by the DC’s offices may need more time due to legal procedure. TRP will be scheduled to meet the legal time frame and timely implementation of the Project work. Land acquisition is an essential part of project implementation. A project having sufficient lead-time between fixing project alignment and actual start of construction does not face any difficulty in acquiring land. There exist an well defined procedure of land acquisition as well as resettlement in Bangladesh. However, there are few pre-requisites to be completed before going into the process of land acquisition. These Pre-requisites are:

Approval of project document like development project proposal (DPP) Approval of project plan Approval of land plan and land schedule Administrative approval of land requirement from the ministry, and Budget provision for land acquisition.

6.2.1 The Timeframe of the Civil Works For reference, tender floating and selection of contractor will start from January 2007. Construction work will start from July 2007 and will be completed by May 2008. 6.3 Step-wise land Acquisition as well as Resettlement Process When the aforementioned pre-requisites are fulfilled, the step-wise activities of land acquisition process to be followed are presented below:

Submission of land acquisition proposal by the requiring body to the Deputy Commissioner.

Holding District Land Acquisition meeting and providing land allocation. Serving Notice under Section 3 to the affected persons. Joint verification. Final approval of land to be acquired by the Deputy Commissioner (for area of land 50

bighas or less) or the Land Ministry (for area of land over 50 bighas) on the basis of land area requirement.

Serving notice under Section 6 to settle any dispute Estimation of jointly verified property for cost compensation and informing requiring



body. Acceptance of estimate of cost compensation and placement of fund to the Deputy

Commissioner by the requiring body. Serving Notice 7 by the Deputy Commissioner to the affected landowners for

disbursement of compensation. Disbursement of compensation as per estimate to the affected persons. Giving possession of land to the requiring body. CCL Payment by DC

DC will complete the payment within the year 2006 and will make major payments within the middle of 2006. The GTCL and implementing agency will give the proper support to the affected persons and will help the APs in collecting legal documents for CCL. 6.4 Valuation of Structures and Trees Payment of compensation for structure will be finalized according to DC’s joint verification record. Normally the price of the structure is calculated by Public Works Department (PWD) and on the basis of which payment is made by the DC. Extra payment is usually decided by Property Valuation Advisory Team (PVAT), a joint committee formed by GTCL, DC and NGO’s representative. Similarly payment for trees is also calculated on the basis of DC’s joint verification document (a joint record by GTCL and DC’s representative). Then it is sent to concerned forest office of the government. They decide the price of trees. DC pays the amount. PVAT Committee will decide about additional price of trees from resettlement viewpoint. 6.4.1 RP Implementation It has been pointed out earlier that the implementation of the proposed project will require a minimum acquisition land for the construction of gas pipeline. As a result, timely payment of compensation relating to land acquisition will be needed. As this is a strip acquisition, compensation and impacts will be relatively low in comparison to other projects involving major land acquisition. RP implementation is very important in case of resettlement. Without proper RP implementation smooth work of the project will be affected. An experienced Non Government Organization will do the job. The starting of NGO activity will be from the serving of the legal notice from the DC office up to 17 months. GTCL will safeguard the interest of the affected persons before deploying NGO. On the other hand, during implementation GTCL and concerned NGO will verify the necessity of income generating training. The cost will be borne from the project fund. Care will be taken to ensure that no affected persons will be shifted without payment of transfer grants specially for business, structure and crop losers without providing income restoration grant. A Project Management Office (PMO) in GTCL will be responsible for processing, coordinating, and supervising all such projects. The PMO through its RU will have overall coordination, planning implementation, management and monitoring and financing responsibilities for the RP. The EA will ensure that key institutions including the local government are involved in RP implementation. Further, experienced NGOs will be hired for RP implementation with clearly defined tasks, including training and community-based social development programs as appropriate. The land acquisition activities will be undertaken in thirteen months. This will ensure that compensation is paid prior to construction. However, some resettlement activities such as skills development training will be undertaken. The resettlement schedule has been integrated in the overall implementation schedule of the pipeline, which will be undertaken in a flexible manner. Preliminary steps have been initiated for disseminating information on the pipeline.



Figure-6.3 Activity Schedule for RP Implementation Figure: 6.3: Activities Schedule for RP Implementation

2005 2006 2007 2008

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

1.0 Pre-Implementation:

1.1 Preparation of detailed design

1.2 Land Acquisition Activities

1.3 Setup RU of GTCL

1.4 Strengthening and recruitment for RU

1.5 Fund placing to DC

2.0 Implementation Period

2.1 NGO recruitment

2.2 Information Campaign

2.3 PAPS identification

2.4 Relocation of PAPS

2.5 Issuance of ID card

2.6 Payment of grants

2.7 Mid tern evaluation

2.8 Training program

2.9 Micro-credit etc.

2.10 Internal monitoring

3.0 Post Implementation

3.1 Final report Internal

3.2 Post evaluation activities

4.0 Construction4.1 Tender processing and contractor selection4.2 Construction

5.0 Extra evaluation

Activities


© BETS-Chapter-07: Monitoring and Evaluation Page-45

Chapter-07

MONITORING AND EVALUATION 7.1 Monitoring and Evaluation Monitoring & Evaluation is an important task for measuring the periodic progress of activities under resettlement program. This helps to identify the constrains/ bottlenecks in the progress as well as to determine remedial measures. Resettlement being a complex nature of task needs development and establishment of Computerized Management Information System (CMIS). The main objective of the CMIS is to provide the management of the project with an efficient tool for better planning and control of different project tasks. The major input in to the system will be:

• Affected household data • Land acquisition data • Data on losses • Resettlement entitlement and delivery data • Resettlement monitoring and evaluation data • Other management related data • Monitoring and evaluation (M&E) are critical for ensuring effective implementation of the

RP and achievement of the set targets. Resettlement monitoring is a continuous process of data collection, dialogue with the various stakeholders, analysis and reporting and feedback to management to enable timely adjustment of implementation procedures and entitlements, if required.

• The monitoring will commence with the commencement of the Project implementation and shall continue throughout the implementation of the Project.

• A format for resettlement implementation monitoring has been devised for monthly monitoring and data collection by field officials (Table-7.1). GTCL will prepare a post-resettlement evaluation report at the end of the Project activity. The report should provide evidence whether adverse effects of the project have been mitigated adequately or at least pre-project standard of living and income have been restored as a result of the RP.

Some monitoring indicators are given below. This will be proper guideline for implementation and monitoring of RP. The GRC, implementing agency, GTCL RU and Accounts section will develop standard reporting formats to be submitted on a monthly basis highlighting constraints and suggestion for implementation of RP. GTCL RU will arrange monthly review meetings with the implementing agency for identifying the problems and proper suggestions will be given to the implementing NGO and minutes will be sent to the concerned authority. For smooth mitigation of the affected persons’ problems GRC will have a direct contact with the field. It will submit monthly reports to higher authority. The NGO/agencies will monitor APs participation in the vocational training and other economic rehabilitation programs. Post resettlement socioeconomic survey for evaluation will be carried out. A resettlement expert engaged by the GTCL will develop TOR. The survey document will be the final project document. Computerized Management Monitoring System will be developed by the implementing NGO and will be supplied to the GTCL.



7.2 Internal and External Monitoring Implementation of the RP will be monitored regularly. A Computerized Management Information System (CMIS) will be established to provide: Integrity of data records, better planning and decision making, improved resettlement services, problem detection on resettlement issues, and project expenses and implementation within limits and schedules. The CMIS will provide: household files for APs containing losses and entitlement, scheduled monitoring reports, progress reports, and financial reports. The PMO will establish a quarterly monitoring system involving staff of the IAs and implementing NGO staff. The PMO will prepare progress reports on all aspects of land acquisition and resettlement activities. The report contains progress made in RP implementation with particular attention to compliance with the principles and matrix set out in the plan. Independent audit teams/monitoring agency/experts will be hired by the GTCL with ADB concurrence to carry out external monitoring of the resettlement operations. The external monitor’s should be submitted simultaneously to the GTCL and ADB. The monitoring consultant will be selected within three months of loan approval. Monitoring will be carried out every year during project implementation. For efficient implementation and management of the RP, some review work is needed. This will be internal and external. The authority will produce monthly and quarterly report for monitoring the progress. From out side GTCL will engage efficient consultant for total review of the project after the implementation period. At the same time ADB and other stakeholders may arrange separate study to monitor the implementation of RP. A mid term internal evaluation is suggested for the affected person at the implementation period. Table-7.1: Monthly Progress Report Format for Resettlement Monitoring

Component Unit Total

Completed %

Cumulative Achievement Completed

Progress During

Reporting Month

Status & Remarks

1. Resettlement Preparation: Identification of APs, Group meeting with APs, Distribution of compensation for structures compensation for crop/tree

2. Payment of Compensation: Land: (agriculture/homestead) Compensation for structures Compensation for crop/tree

3. Relocation/Income: Restoration Activity Relocation of Households

Payment of transfer grant Income restoration grant

7.3 Conclusion As per guidelines, any involuntary resettlement plan should have a viable scope in compensating the project-affected persons. Displaced persons should be (i) compensated for their losses, (ii) assisted with the move, and (iii) assisted in their efforts to improve their socio economic condition. With a view to mitigating the adverse impact of the land acquisition according to the ADB’s safeguard requirements, GTCL has included resettlement activities in the project design. Field response indicate that the PAPs and the general public have positive views towards the gas sector development of the country in general, and execution of this particular pipeline in their localities in particular. The stakeholders and the affected groups participated in the field assessment and consultation process.



The impact of the pipeline on the homestead, agricultural land and other social factors shall be taken into account during planning and design stage of the project. Similarly the policy matrix make the entitlement more precise and include operational aspects such as implementation issues and actors. Monitoring and evaluation is an important task for measuring the periodic progress of activities under resettlement program. This helps to identify the constraints in the progress as well as determine remedial measure. Resettlement being a complex task needs development and establishment of computerized management information system (CMIS). The CMIS will provide information for better planning and proper decision-making on resettlement issues. If a single RU is established for this and other pipelines of the gas transmission component, the overhead cost would be less to the extent of 20%-25% of administrative cost. The resettlement budget may be revised accordingly during implementation.

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THE ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY ORDINANCE, 1982

(Ordinance No. II of 1982)

(13th March, 1982) An Ordinance to consolidate and amend the law relating in acquisition and requisition of immovable property. Where it is expedient to consolidate and amend the law relating to acquisition and requisition of immovable property and to provide 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 all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance: PART I Preliminary 1. Short title : This Ordinance may be called the Acquisition and Requisition of

Immovable Property Ordinance, 1982.

2. Definitions : In this Ordinance, unless there is anything repugnant in the subject or context, —

(a) “Arbitrator” means an Arbitrator appointed under section 27; (b) “Deputy Commissioner” includes an additional Deputy Commissioner and any

other officer authorized by the Deputy Commissioner to exercise any power conferred, or to perform any duty imposed, on the Deputy Commissioner by or under this Ordinance : (Substituted by Ordinance no XL of 1984)

(c) “Owner” Includes the Occupier. (d) “Person interested” in relation to any property includes all persons claiming or

entitled to claim an interest in the compensation payable on account of the acquisition or requisition of that property under this Ordinance:

(e) “Prescribed” means prescribed by rules made under this Ordinance: (f) “Property” means immovable property and includes any right in or over such

property: and (g) “Requiring person” means any person for whom any Property is, or is

proposed to be, acquired under this Ordinance. PART II Acquisition 3. Publication of preliminary notice of acquisition of property : Whenever it

appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he shall cause a notice to he published at convenient places on or near the property in the prescribed form and manner stating that the property is proposal to be acquired;

Provided that no property used by the public for the purpose of religious worship,

graveyard and cremation ground shall be acquired. 4. Objection against acquisition: (1) Any person interested in any property which

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has been notified under section 3 as being needed or likely to be needed for a public purpose or in the public interest may, within fifteen days after the publication of the notice, object to the acquisition of the property.

(2) Every objection under sub-section (1) shall be made to the Deputy

Commissioner in writing, and the Deputy Commissioner shall, give the objector an opportunity of being heard either in person or by an agent and shall after hearing all such objections and after making such further enquiries, if any, as he thinks necessary, prepare a report within thirty days following the expiry of the period specified under sub-section (1) containing his opinion on the objections (Amended by Act XX of 1994)

(3) The Deputy Commissioner shall then:

(a) If the property exceeds fifty standard bighas of land, submit the record of the proceedings held by him, together with his report for the decision of the Government ; and

(b) If the property does not exceed fifty standard bighas of land, submit the

record of the proceedings held by him, together with his report, for the decision of the Divisional Commissioner: (Amended by Ord. No. XV of 1983. Ord. No. XXX of 1983 and Act No. XX of 1994).

Provided that if no objection is raised within the period specified in sub section (1),

the Deputy Commissioner shall, instead of submitting the records of proceedings to the Divisional Commissioner, make a decision within ten days of the expiry of the aforesaid period or within such further period but not exceeding thirty days, as the Divisional Commissioner permits oil the request of the Deputy Commissioner in writing, about the acquisition of the property and such decision of the Deputy Commissioner shall be final. (Amended by Ord. XXX of 1983 and Act No. XX of 1994).

5. Final Decision regarding acquisition : (1) The Government, or as the case may

be, the Divisional Commissioner, after considering the report submitted by the Deputy Commissioner under section 4 (3) shall make a decision about the acquisition of the property and such decision of the Government, or. as the case may be, the Divisional Commissioner shall be final (Amended by Ord. No. XV of 1983).

Provided that — (a) Where the decision is to be made by the Divisional Commissioner, it shall be

made within fifteen days from the date of submission of the report, or within such further time but not exceeding one month, as he may think fit for reasons to be recorded by him in this behalf : (Amended by Act XX of 1994).

(b) Where decision is to be made by the Government. it shall be made within a period not exceeding ninety days from the date of submission of the report. (Amended by Act. XX of 1994).

(2) When the Government, the Divisional Commissioner or the Deputy

Commissioner, as the case may be makes a decision for acquisition of the property under sub-section (1) of the provision to section 4 (3) (b) as time case many be, such decision shall be conclusive evidence that the property

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is needed for a public purpose or in the public interest. (Sub. by Ord. XXX of 1983).

6. Notice to persons interested : (1) ‘When the Government, tire Divisional

Commissioner or the Deputy commissioner, as the ease may be, has made a decision for acquisition of any property under section 5 or the proviso to section 4 (3) (b), as the ease may be, the Deputy Commissioner shall cause public notice to be given in the prescribed manner at convenient places on or near such property stating that the Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, has decided to acquire the property and intends to take possession thereof and that claims to compensation for all interests in such property may be made to him (Amended by Ord. XXX of 1983).

(2) such notice shall state the particulars of the property to be acquired and

taken possession of and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, not being earlier than fifteen days after the date of publication of the notice, amid place mentioned therein and to state the nature of their respective interests in the property and the amount and particulars of their claims to compensation for such interests.

(3) The Deputy Commissioner shall also serve notice to the same effect in the prescribed form on the occupier. If any of such property and on all person known or believed to be interested therein.

(4) The Deputy Commissioner may also, by notice, require any such person to

make or deliver to him at a time, not being earlier than fifteen days after the date of service of the notice, and place mentioned therein a statement containing, so far as may be practicable the name of every other person possessing any interest in the property or any part thereof as co-sharer mortgagee or otherwise, and e 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 under this section shall

be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the penal Code (XLV of 1960).

7. Award of Compensation by Deputy Commissioner:

(1) On the date so fixed, or on any other date to which the enquiry has been adjourned, the Deputy Commissioner shall proceed to enquire into the statement, if any, which the person has made pursuant to a notice given under section 6 and into the value of the property at the date of the publication of the notice under section 3 and into the respective interest, of the persons claiming the compensation and shall make an award of :

(a) The compensation which, in his opinion shall be allowed for the pro-

perty : and (b) The apportionment of the said compensation among all the persons

known or believed to be interested in the property, of whom, or of whose claims, he has information.

(2) The award made by tire Deputy Commissioner shall, except hereinafter provided, be final.

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(3) The Deputy Commissioner shall, within seven days from the date of making award of compensation: (a) give notice of his award to the person interested; (b) send the estimate of the award of compensation to the requiring

person. (Amended by Act. No. XX of 1994).

(4) The requiring person shall deposit the estimated amount of tire award of compensation with the Commissioner in the prescribed manner within sixty days from the date of receipt of the estimate. (Amended by Act. XX of 1994).

8. Matters to be considered in determining Compensation : (1) In determining the

amount of compensation to be awarded for any property to be acquired under this part, the Deputy Commissioner shall take into consideration—

(a) The market value of the property at the date of publication of the notice under

section 3 :

Provided that in determining such market value, the Deputy Commissioner shall take into account the average value, to be calculated in the prescribed manner, of the properties of similar description and with similar advantages in the vicinity during the twelve months preceding the date of publication of the notice under Section 3; (b) The damage that may be sustained by the person interested, by reason of

the taking of any standing crops or trees which may be on time property at the time of taking possession thereof by the Deputy Commissioner;

(c) The damage that may be sustained by t lie person interested, at the time of

taking possession of the property by the Deputy Commissioner, by reason of severing such property from his other property;

(d) The damage that may be sustained by the person interested, at the time of

taking possession of the property by the Deputy Commissioner, by reason of the acquisition injuriously affecting his other properties, 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 to change his residence or place of business, the reasonable expenses if any, incidental to such change; and

(f) The damage that may be resulting from diminution of the profits of tire

property between tire date of service of notice under secttion-6 and the date of taking possession of the property by the Deputy commissioner;

(2) In addition to the market value of the property as provided in sub-section (1). the Deputy Commissioner shall in every case award a sum of “fifty per cent” on such market value in consideration of the compulsory nature of the acquisition (Amended by Ord. VIII of 1993).

9. Matters not to be considered in determining compensation : In determining the

amount of compensation to be awarded for any property to be acquired under this part, the Deputy Commissioner shall not take Into consideration:

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(a) The degree of urgency, which has led to the acquisition; (b) any disinclination of the person interested to part with the property to be

acquired; (c) any damage that may be sustained by him which, if caused by a private

person, would not render such person liable to a suit; (d) any damage which is likely to be caused to the property to be acquired, after

the date of service of notice under section 6. by or in consequence of the use to which it will be put;

(e) any increase to the value of the property to be acquired likely to accrue from the use to which it will be put when acquired; or

(f) any alteration or improvement in or disposal of the property to be acquired, made or effected without the sanction of the Deputy Commissioner after the date of publication of the notice under section 3.

10. Payment of compensation : (1) On making an award under section 7, the Deputy

Commissioner shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled there to according to the award, and shall, unless prevented by some one or more of the contingencies mentioned in sub-section (2), pay it to them within sixty days front the date of deposit by the requiring person of the estimated amount of compensation under section 7(3). (Amended by Act No. XX of 1994).

(2) If the persons entitled to compensation do not consent to receive it, or if there

be no person competent to receive the compensation or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator:

Provided that any person admitted to be interested may receive such payment

under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than

under protest shall be entitled to make any application under section 28:

Provided further that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this part, to pay the same to the person lawfully entitled thereto.

10.A. Payment of compensation to bargadar: Notwithstanding any thing contained

in this Ordinance, when the property acquired under this part contains standing crops cultivated by bargadar, such portion of the compensation as may be determined by the Deputy Commissioner for the crops shall be paid to the bargader in cash.

Explanation - In this section “bargadar” means a person who under the system

general known as addhi, barga or bhag cultivates the land of another person on condition of delivering a share of produce of such land to that person. (Amended by Act—XX of 1994).

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11. Acquisition and possession: (1) When the compensation mentioned in the award has been paid or is deemed to have been paid in pursuance of section 10, the property shall stand acquired and vest absolutely in the Government free from all encumbrances, and the Deputy Commissioner shall thereupon take possession of the property.

(2) Immediately after the acquisition of the property under subsection (1), a

declaration by the Deputy Commissioner in the prescribed form to that effect shall be published in the official gazette.

12. Abatement or revocation of Proceedings:

(1) Notwithstanding anything contained in this Ordinance where in any ease the

estimated amount of the award of compensation has not been deposited by the requiring person for acquisition of any property under section 5 within the period specified in section 7(4), all proceedings in respect of such acquisition shall, on the expiry of that period, stand abated and a declaration by the Deputy Commissioner to that effect shall be published in the Official Gazette.

(2) The Deputy Commissioner nay, with the prior approval of the Government, by

notification in the Official Gazette, revoke all proceedings in respect of acquisition of any property at any time before the payment of compensation. (Amended by Act No. XX of 1994).

(3) When any proceedings stand abated or are revoked, the Deputy

Commissioner shall make an award determining the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings there under and the costs reasonably incurred by him in the prosecution of the proceeding under this part relating to the said property and shall pay the compensation accordingly.

13. Acquisition of part of a house or buildings : The provisions of this part shall

not, be applied for the purpose of acquiring a part only of any house, manufactory of other building, if the owner desires that the whole of such house, manufactory or building should be so acquired; Provided that the owner may at any time, before the Deputy Commissioner has made his award under Section 7, by notice in writing withdraw or modify his expressed desire that the whole of such house, manufactory or building should be so acquired. Provided further that, if any question arises as to whether any property proposed to be taken under this part does or does not form part of a house, manufactory or building within the meaning of this section the decision of the Deputy Commissioner shall be final.

14. Acquisition of property at the cost of a person other than the Government ;

Where the provisions of this part are applied for acquiring any property at the cost of any fund controlled managed by a person other than the Government, the charges of an incidental to such acquisition shall be defrayed from or by such fund or person.

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15. Transfer of acquired land to the requiring person other than the Government: (1) When any property is proposed to be acquired for any person other than the Government, such person shall enter into an agreement with time “Government in such form as may be prescribed before a notice under section 3 is published. (2) When the property in respect of which an agreement has been entered into

with a person under sub-section (1) is acquired under section II the Government shall, on the performance by such person of his part of the agreement, transfer the property to the person by executing a deed in such form as may be prescribed and in accordance with the law for the time being in force.

16. Recovery of compensation in certain cases : When any compensation paid in

excess of the amount payable or when any compensation is paid to a person other than the rightful owner, the amount of such excess or wrong payment shall be recoverable as a public demand.

17. Use of acquired property : (1) No Property acquired under this part shall, without

the prior approval of the Government, be used for any purpose other than the purpose for which it is acquired.

(2) if any requiring person uses any acquired property in contravention of provision

of the sub-section (1) or does not use it for the purpose for which it is acquired, he shall be liable to surrender the property to the Deputy Commissioner on being directed by him to do so.

PART - III Requisition 18. Requisition of property: (1) When any property is required temporary for a public

purpose or in the public interest, the Deputy Commissioner may, which prior approval of the Government, by order in whiting. requisition it;

Provided that no such approval shall be necessary hum time case of emergency requirement of any property;

Provided further that save in the case of emergency requirement for the purpose of maintenance of transport or communication system, no property which is bonafide used by the owner thereof as the residence of himself or his family or which is used either for religious worship by the public or as an educational institution or orphanage or as a hospital, public library, graveyard or cremation ground shall be requisitioned.

(2) Where an order made under sub-section (1) has been served, the Deputy

commissioner may take possession of the requisitioned property— (a) In the case of emergency requirement for the purpose of maintenance of

transport of communication system, at any time of time date of service of the order.

(b) In any other case, after the tire expiry of thirty days from the date of service of

the order and may use the property for the purpose for which It has been

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requisitioned. 19. Revision : The Government may, of its own motion or on application filed by

aggrieved person, revise any order made under section 18 (1). Provided that no such application shall be entertained unless it is tiled within thirty days from the date of service of the order

20. Award of compensation by the Deputy Commissioner: (1) Where any property

is requisitioned under this part, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out in this section. (2) The Deputy Commissioner shall, after giving the persons interested an

opportunity of being heard in respect of their respective interests in the property and the amount and particulars of their claims to compensation for such interests 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 all the persons

known or believed to be interested in the property, of whom, or of whose claims, he has information.

(3) The award made by the Deputy Commissioner shall, except as here in after

provided, be final. (4) The Deputy Commissioner shall give immediate notice of his award to the

persons interested. (5) The amount of compensation payable for the requisition of any property shall

consist of — (a) a recurring payment, in respect of the period of requisition, of a sum equal

to the rent which would have been payable for the use and occupation of the property. If it had been taken on lease for that period; and

(b) Such sum, if any, as may be found necessary to compensate the persons

interested for all or any of the following matters, namely;- (i) Expenses on account of vacating the requisitioned property: (ii) Expenses on account of reoccupying the property upon release from

requisition, and (iii) damages, other titan normal wear and tear, paused to the property

during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.

(6) Where any property is kept under requisition for more than two years the

Deputy Commissioner shall revise his award regarding the amount payable as compensation under sub-section 5(a).

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21. Payment of compensation: (1) On making an award under section 20, the Deputy Commissioner shall tender payment of the compensation awarded by him to the persons entitled thereto according to the award and shall pay it to them unless presented by someone or more of the contingencies mentioned in sub-section (2).

(2) If the persons entitled to compensation do not consent to receive it, or if there

be no person competent to receive the compensation, of if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment of the compensation for the requisitioned property without any prejudice to the claim of the parties to be determined by the Arbitrator;

Provided that any person admitted to be Interested may receive such payment under protest as to the sufficiency of the amount;

Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 28;

Provided further that nothing herein contained shall affect time liability of any person, who may receive the whole or any part of any compensation awarded under this part, to pay the same to the person lawfully entitled thereto.

22. Recovery of money from allotees of requisitioned Property : Where any requisitioned property is allotted to, and placed in possession of any person, the Deputy Commissioner may recover from such person such amount of money and in such manner as may be prescribed.

23. Repair of requisitioned property: (1) During the period of requisition, the Deputy

Commissioner shall be responsible for the proper maintenance of a requisitioned property.

(2) if the Deputy Commissioner is satisfied that repairs are necessary to prevent

deterioration of the property, he may, after giving the owner an opportunity of making the repairs himself, cause the repairs to be made at a cost not exceeding one-sixth of the compensation payable to the owner and such cost shall be recovered out of such compensation.

24. Release from requisition : (1) Where any requisitioned property is to be released

from the requisition, the Deputy Commissioner may restore it to the person from whom the property was requisitioned or to his successor-in-interest or to such other person as may appear to the Deputy Commissioner to be entitled to such restoration.

(2) The delivery of possession of the requisitioned property to the person referred

to km sub-section (1) shall be a full discharge of the Deputy Commissioner to in sub-section (1) shall be a full discharge of the Deputy Commissioner from all liability in respect of such delivery, but shall not prejudice any right in respect of the property which any other person may be entitled by the process of law in enforce against the person to whom possession of the property is so delivered.

Provided that when the requisitioned property is to be restored on release from

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requisition willfully neglects or refuse to take delivery of the requisitioned property on being directed in writing to take possession of such requisitioned property by the Deputy Commissioner, such requisitioned property shall be deemed to have been restored to such person within the meaning of this sub-section with effect from the date and time specified in the aforesaid direction. (3) Where the person to whom possession of any requisitioned property is to be

delivered cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Deputy Commissioner shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the official Gazette.

(4) When a notice referred to in sub-section (3) is published him the official

gazette, the property specified in such notice shall cease to be subject to requisition from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the Deputy Commissioner shall not be liable for any compensation or other claim in respect of the property for any period alter the said date.

25. Eviction of allotees : Notwithstanding anything contained in any other law for the

time being in force, If any property under requisition, which has been allotted to any person or is in unauthorized occupation of any person, is required by the deputy commissioner for any other use or purpose during time period of requisition or for restoring the property under section 24 on its release from requisition, or if the allottee of such property has defaulted in payment of any sum due from him in respect of such property, the Deputy Commissioner may, at any time by order in writing, direct such person or allotted to vacate time property by such date as may be specified in such order, and if such person or allottee does not vacate the property by the date so specified, the Deputy Commissioner may evict such person or allottee does not vacate the property by the date so specified, the Deputy Commissioner may evict such person or allottee from such property and may use cause to be used such force for the purpose as may be necessary.

26. Part not to apply to cantonment : Nothing in this part shall apply to any property

within the limits of a cantonment. PART-IV Arbitration 27. Appointment of arbitrator : For the purposes of this ordinance the Government

shall by notification in the official Gazette, appoint mm Judicial Officer, no below the rank of Subordinate Judge, to be Arbitrator for such area as may be specified therein. (For substitution See Ord. No. XV of 1983).

28. Application to Arbitrator : (1) Any person interested who has not accepted any

award made by the Deputy Commissioner under this Act may, within forty-five days from the date of service of notice of the award, make an application to the Arbitrator for revision of the award. (2) The application shall state the grounds on which objection to tine award is

taken.

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(3) The requiring person shall be made a necessary party in the application made under Sub-section (1), along with the Deputy Commissioner (Amended by Act. No. XX of 1994).

29. Notice for hearing : The Arbitrator shall on receipt of an application under

Section 28, cause a notice specifying the date on which he will proceed to hear the application, and directing their appearance before him on that day, to be served on the following persons, namely:-

(a) the applicant; (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 every proceedings before

the Arbitrator shall be restricted to a consideration of the interests of the persons affected by the objection.

31. Arbitrator to be guided by sections 8. 9 and 20 : In determining the amount of

compensation to be awarded for any property acquired or requisitioned under this Act, time Arbitrator shall he guided by time provisions of section 8 and 9 or 20, as the case may be; Provided that the compensation determined by the Arbitrator in respect of each owner shall not exceed the amount specified in the award of the Deputy Commissioner by more than ten per centum (Amended by Act No920 of 1994).

32. Form of award of Arbitrator : (1) Every award under this part shall he in writing signed by the Arbitrator and shall specify the amounts awarded under different clauses of section 8(1) of section 20(5), as the case may be, together wit in the grounds of awarding each of the said amounts.

(2) Where the amount of compensation determined by an Arbitrator is higher than

the amount specified in the award of the Deputy Commissioner, an additional compensation at the rate of ten percent per annum on such additional amount shall, subject to the decision of an Appellate Arbitration Tribunal, if any, be payable till that amount is paid or offered for payment

(3) Every such award shall be deemed to be a decree and statement of the

grounds of every such award a judgment within the meaning of section 2(2) and section 2(9) respectively of the code of Civil Procedure, 1908(v of 1908).

33. Costs : Every such award shall also state time amount of costs incurred in the

proceedings under this part, and by what persons and in what proportions they are to be paid.

34. Appeal against the award of Arbitrator : (1) An appeal shah lie to hue Arbitration

Appellate Tribunal, constituted under sub-section (2) against an award of the Arbitrator.

(2) The Government shall, by notification in the official gazette, constitute one or

more Arbitration appellate Tribunals for such areas as may he specified therein.

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(3) An Arbitration Appellate Tribunal shall consist of a member who shall he

appointed by the Government from among persons who are or have been District Judges.

(4) A decision of the Arbitration Appellate Tribunal shall be final.

(5) Where tire amount of compensation determined by an arbitration Appellate

Tribunal is higher than the amount specified in the award of the Arbitrator, an additional compensation at the rate of ten percent per annum on such additional amount shall be payable till that amount is paid or offered for payment:

Provided that the compensation determined by the Arbitration Appellate Tribunal in respect of each land Owner shall not exceed the amount specified in the award of the Arbitrator by more than ten per centum. 34.A. Payment of additional compensation. Where additional compensation is required to be paid in pursuance of an award under this part, such compensation shall be paid to the persons entitled thereto immediately after time said additional amount is deposited by the requiring person with the Deputy Commissioner: Provided that the requiring person shall deposit the additional amount with the Deputy Commissioner within one month from the date of receipt of notice in this behalf from the Deputy Commissioner: Provided further that the Deputy commissioner shall send the notice to deposit the amount of additional compensation within one month from the date of the award of the Arbitrator or, as the case may be, decision of the Arbitration Appellate Tribunal (Amended by Act, 20 1994).

35. Act z of 1940 not apply : Nothing in the Arbitration Act 1940 (x of 1940) shall

apply to arbitrations under this part. PART-V Miscellaneous 36. Deputy Commissioner and Arbitrator to have certain powers of civil Court :

The Deputy Commissioner and the Arbitrator while holding any enquiry or proceedings under this Act, shall have the same powers as are vested in a Civil Court under the code of Civil procedure, 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 or office.

37. Power to enter and inspect : (1) With a view to acquiring or requisitioning any

property or determining the compensation payable in respect thereof or securing compliance with an order made under this Ordinance, the Deputy Commissioner or any Officer, generally or specially authorized by tine Deputy Commissioner in

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this behalf, and any of the assistants and workmen may- (a) enter upon survey and take levels of any property; (b) inspect any property or anything therein (e) measure and set out the boundaries and prepare a plan of any property and

the intended line of the work, if any, proposed to be made thereon. (d) make such levels, boundaries and line by placing marks and cutting trenches,

and where otherwise the survey can not be completed amid the levels taken and the boundaries and line marked, cut down and clear away any part of any standing crop, tree or jungle;

Provided that no person shall enter upon any property without the consent of the occupier thereof unless at least twenty-four hours previous notice in writing of his intention to do so has been given.

(2). The Deputy Commissioner or the officer authorized by him under sub-section

(1) shall, at the time of entry upon any property, pay or tender payment for all necessary damage to be done in such property, and in case of dispute as to the sufficiency of the amount so paid or tendered, the decision of the Deputy Commissioner shall be final.

38. Power to obtain information : With a view to acquiring or requisitioning any

property or determining the compensation payable in respect thereof, the Deputy Commissioner may, by order in writing, require any person to furnish to such officer or authority, as may be specified in the order, such information In his possession as may be specified relating to any property which is acquired or requisitioned or intended to be acquired or requisitioned under this Ordinance.

39. Service of notices and orders: (1) Save as otherwise expressly provided in this Ordinance and subject to rules made there under, every notice or order issued or made under this Ordinance shall be served by delivering or tendering it to the person named therein or tendering it to the person named therein or the person on whom it is required to be served under this Ordinance. (2) When such person can not be found or the notice or order can not be so

delivered or tendered, the service of the notice or order may be made by delivering or tendering it to any officer of such person or to any adult male member of the family of such person residing with him or, if no such officer or member can be found, by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person ordinarily resides or carries on business or personally works for gain and also by affixing a copy thereof in some conspicuous place in the office of the authority or officer issuing or making it and, where possible, in some conspicuous part of the property to which if relates.

Provided that, if such authority or officer so directs, the notice or order may be sent by registered post in a letter addressed to the person named therein or on whom it is require to be served, at his last known residence, address or place of business or work.

40. Penalty : Any person who contravenes or attempts to contravene of abets or attempts to abet a contravention of any order made under this Ordinance or who willfully obstructs any person in doing any of the acts authorized or permitted

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under this Ordinance or nay rule made there under shall be punishable with imprisonment for a term which any extend to six months or with fine which may extend to one thousand taka, or with both.

41. Enforcement of Surrender: If the Deputy Commissioner is opposed or impeded

in taking possession of any property under this Ordinance, he shall enforce the surrender of any property to himself, and may use or cause to be used such force for the purpose as may be necessary.

42. Exemption from stamp duty and fees : No award made under this Ordinance shall be chargeable with stamp duty, and no person claiming any interest under any such award shall be liable to pay any fee for a copy of the same.

43. Indemnity : No suit, prosecution or other legal proceeding shall lie against any

person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order or rule made there under.

44. Bar to Jurisdiction of Court : Save as otherwise expressly provided In this

Ordinance, no court shall entertain any suit or application against any order passed or any action taken under this Ordinance, and no injunction shall he granted by any Court respect of any action taken or to be taken in pursuance of any power conferred by or under this Ordinance.

45. Delegation of Powers : The Government may by order notified in the official

Gazette, direct that any power conferred or any duty imposed on it by this Ordinance shall, in such circumstances and tinder such conditions, if any, as may be specified in the order, be exercised or discharged also by such officer or authority as may be so specified.

46. Power to make rules : (1) The Government may by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(2) In particular, and without prejudice to the generally of the foregoing power such

rules may provide for all or any of the following matters:

(a) the procedure to be followed in taking possession of any property acquired or requisitioned under this ordinance;

(b) the procedure to be followed by the Arbitrators and the arbitration Appellate Tribunals;

(c) the manner of enforcement of surrender of any property under 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 censer of the Emergency Requisition of Property Act, 1948 (E.B Act XIII of 1948), on the expiry of the period of its operations, all proceedings and matters, including all notices, notifications and orders, relating and matters, including all notices, notifications and orders, relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitrator or court under that Act, shall be continued, enforced, heard or disposed or as if that Act had not ceased to have effect and were continuing in operation.

48. Repeals and savings: (1) The Land Acquisition Act, 1894 (Act 1 of 1894) is

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hereby repealed. (2) Notwithstanding such repeal, all proceedings and matters, including all notices,

notifications and orders relating to requisition or acquisition of any property or compensation or award in respect of any property requisitioned or acquired and all applications and appeals pending before any authority, arbitration or Court under the said Act shall be continued, enforced, heard or disposed of as if this Ordinance had not been made and promulgated.

(3) Subject to the provisions of sub-section(2), the provisions of the General

clauses Act. 1897 (X of 1897), shall apply to the repeal and re-enactment of the said Act by this Ordinance.

THE ACQUISITION OF IMMOVABLE PROPERTY RULES, 1982 NO. S.R.O. 172-L/82 : In exercise of the powers conferred by section 46 of the Acquisition and Requisition of Immovable Property Ordinance. 1982 (Il of 1982), the Government is pleased to make the following rules, namely :-

1. Short title: ‘These rules may be called the Acquisition of Immovable Property Rules, 1982.

2. Definitions: In these rules, unless there is anything repugnant in the subject or

context. (a) “Form” means a Form appended to these rules; (b) “Ordinance” means the Acquisition and Requisition of Immovable

Property Ordinance, 1982 (II of 1982) ; and (c) “Section” means a section of the Ordinance

3. Proceedings for acquisition : There shall be a separate proceeding for each proposal of acquisition under the Ordinance.

4. Notices under section 3, 6 and 7 : (1) The notices under section 3, 6 and 7

shall be in Forms ‘A’, ‘B’ and ‘C’ respectively. (2) The notices under sections 3 and 6 shall be affixed at convenient places on or

near the property sought to be acquired, with copies of such notices displayed in the notice Boards of the Collectorate, Office of the Upazilla Revenue Officer, Tahsil Office and Office of the Local Parishad or Paurashava within the local limits of which such property situates.

5. Declaration of acquisition and possession : The declaration regarding

acquisition and possession of property under section 11 shall be made in Form-D.

6. Declaration of abatement and revocation of proceedings : The declaration

of abatement of acquisition proceedings under sub-section (1) section 12 shall be made in Form-E and the notification required to be issued under sub-section (2) of the said section shall be made in Form-F.

7. Transfer of acquired land: (1) When an acquired hand is proposed to he

transferred to any person other than the Government under subsection (1) of section 15, such person shall, subject to sub-rule (2). enter into an agreement

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with the Government in Form-G. (2) A deed of transfer in Form H shall be executed for transfer of the property to

any person other than the Government and such person shall be liable to pay stamp-duty and other charges incidental to such execution in accordance with the existing laws for the time being in force.

8. Assessment of compensation : Subject to time provisions of sections 8 and 9,

in determining the compensation, the following matters and circumstances shall also be considered: (a) the nature and condition of the property; and (b) the prevailing letting value, if any, of similar property in the locality.

(2) In calculating the market value of any property for the purpose of clause (a) of

sub-section (1) of section 8, in the case of land, the average value per acre of land transferred shall be calculated from the total amount of sale figures divided by the total quantity of hand transferred.

(3) In case of acquisition of any building, including pucca or kutcha, the market

value shall be determined keeping in view the cost of construction cost on development of land including approaches and depreciation of building in consultation with public works department.

9. Unutilized Acquired property : Tine Deputy Commissioner will subunit a

statement to the Government annually about the properties acquired for different requiring persons and mode of utilization of the land Such statement shall be submitted by the 15th July of each year.

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List of Important Key Informants Consulted and their Comments Suggestion

Date Location Name & Designation Comments Suggestion 27.02.05 Rajshahi Mr. Md. Sirajul Haque

Inspector of Explosives Rajshahi Division, Rajshahi

• He would appreciate all information regarding design, construction, testing & commissioning of the pipeline & subsequent maintenance, operations well ahead from the executing agency. In his opinion, this would be the prime requirement for taking appropriate safety and remedial measures. He also stressed on compliance to to all his provisions of gas & mineral safety rules in force & reporting thereof.

27.02.05 Rajshahi Mr. Lutfor Rahman Director, FBCCI & President, CCI Rajshahi

• He assured all possible support and co-operation for fastest possible execution of the project. In this opinion, availability of gas will enhance industrialization in the region and would tremendously benefit the existing and upcoming units. As an example, he cited about the potato processing industries to produce potato flex, the expert oriented one for a competitive place in the world market.

Mr. Nazimuddin DGM, Bangladesh Bank Rajshahi Mr. Golam Mustafa Deputy Manager, Bangladesh Bank Rajshahi Mr. Md. Zahurul Alam Deputy Director, Bangladesh Bank Rajshahi

• The discussion was held in group. In their opinion, gas supply would tremendously benefit the low-income group and for them, any subsidy/discount at the initial stage would be highly appreciated. They also opined that any consumer financing scheme may attract large number of customers in different industrial, commercial and domestic sectors. They also stressed on use of quality material & best workmanship for safe and durable pipeline system and to provide uninterrupted supply to the consumers.

27.02.05 Rajshahi Dr. U.K.F Khairunnessa Medical Officer, Bangladesh Bank Rajshahi

• She is already used to use LPG and presumed that piped gas would be more safe, convenient, economic and environment friendly. She stressed on more alertness and arrangement for prompt action in repairing leakage in the supply network. In reply to question on treatment facilities for construction/operation/accident injury victims, she said, though not so equipped, primary treatment may be provided even for the burn & radiation victims. However, such issues may be looked in to by the respective authorities.

27.02.05 Rajshahi Engr. Shahabuddin XEN, DPHE Rajshahi Division, Rajshahi

• He welcomed the initiative of the proposed gas project but expressed note of caution about the hazard of damaging other utility services and as such, the executing agency should in form DPHE well in advance. In his opinion, except in Chapainawabganj area, arsenic problem is well within the limit of 0.01-0.02 mg/l. Water supply capacity in Rajshahi is well enough to support the industrial growth consequent to availability of gas and he does not foresee any scarcity even in next 10/15 year

27.02.05 Rajshahi Mr. AKM Rafiqul Islam Additional Commissioner Rajshahi Division, Rajshahi

• He assured all possible support and cooperation from the divisional administration and in factall of them cites dwellers and industrialists are eagerly waiting for gas connection in the city and sub urban area. However, he would like to see that the executing agency would follow all rules, regulations and standards in construction and

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Date Location Name & Designation Comments Suggestion operation of the gas system in the interest of public safety and well being.

27.02.05 Rajshahi Mr. Serajul Islam Chief Executive Officer Rajshahi City Corporation

• In his Opinion, it is already a commitment to provide gas in the region and the Rajshahi City Corporation would be delighted to coordinate expeditious execution including licensing the gas utilization contractors at the recommendation of the executing agencies and related works. They would also support any community moves of NGOs to help financing the prospective low income group consumers of Gas. He opined that CNG, particularly for all government and autonomous body vehicles would be encouraged which, in turn, would make diesel more available for the irrigation pumps and tubewells..

26.02.05 Natore Mr. Iftekharul Islam Khan ADC, Revenue Natore

• He would offer all out support and co-operation for execution of the project. However, he stressed on efficient & selective use of natural gas & particularly to encourage CNG for all sorts of land & river transports to save for and favoring the environment from use of lead & sulphur prone imported petroleum products. He suggested using and operating machinery & equipment in good condition to avoid undesirable emission and noise during construction activities.

26.02.05 Natore Engr. Golam Kabir XEN, LGED, Natore

• He stressed on least possible damage to LGED built roads & structures during construction of pipeline and informing them well ahead in crossing such roads. He requested for proper reinstatement of the existing roads as well as to take care for the future roads etc. over the pipeline for safety of the public life & property. He also suggested for emergency response plan to meet any eventual accident thereafter.

26.02.05 Natore Mr. Abdul Hakim Asstt. Station Officer Fire Service & Civil Defence Station Natore

• He opined that no piped gas is available yet in Natore region, they are not so equipped with equipment, transport & chemicals to fight gas related fires & explosions. He suggested a central fire service station at Bonpara which is 20 Km away from Natore. With due approach to higher authorities, he volunteered on fire safety training for the gas authority personnel for the region.

Note (i) : It may be mentioned that while the consultant team was visiting the project area, they had also the opportunity of interviewing the districts authorities & different professionals of Sirajganj, Pabna and Kushtia too, on their way. Considering the value of their suggestions & comments the discussions record of such KII are also placed below.

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Date Location Name & Designation Comments Suggestion 26.02.05 Sirajganj Mr. Aminul Bar Chowdhury,

Deputy Commissioner, Sirajganj

• He expressed interest about crossings of small rivers, streams and canals along the pipeline route, particularly near the highway bridges and suggested for taking care about the public safety as well as that of pipelines at critical locations.

• He expected that the affect of project activities would be temporary and he would support the executing agency for its expeditions execution in the greater interest of the people and the country.

26.02.05 Sirajganj Engr. Mujibur Rahman XEN, BWDB, Sirajganj

• He opined that Ichamoti and other rivers/streams are not being used for Irrigation but for drainage only and since the project work will be in dry seasons he did not apprehend any problem.

26.02.05 Sirajganj Mr. M. Afazuddin District Training Officer Dept. of Agriculture, Sirajganj Mr. Serajul Haque Jr. Agriculture Officer Sirajganj Mr. Dulal Chandra Ray Upazilla Agriculture Officer, Rayganj, Upazilla, Sirajganj

• During the discussion held in a group, it was presumed that pipeline should be laid & the route is reinstated properly as soon as welding construction is over. They suggested that, since the pipelines would mostly pass through agricultural land the faster is the work, the lesser would be the loss of production of crops. However, the temporary disruption would cause no significant problem for the cultivation.

26.02.05 Sirajganj Mr. Prof. S.M. Moinul Haque (Rtd.) Govt. Michael Madhusudan College, Jessore, Bepari Para, Sirajganj

• He opined that gas is cheap & clean and should be made available to the limited income group at the earliest possible opportunity. He is using gas in Sirajganj for the last 4/5 years and did not see any problem. However, in order to remove any fear of explosion, adequate care in construction & maintenance should be exercised by the authority. He welcomed the Govt. move for initiating the project.

27.02.05 Pabna Mr. Bisnu Podo Podder Associate Cane Breeder, Grade-I, Sugarcane Research Institute

• He said that they are happy to be using gas in their institute residential areas. He stressed for emergency response centries in near by locations to save life & property of people. In his opinion provision of single burner for small families and limited income groups would be of much help.

27.02.05 Pabna Begum Afsari Khanam Land Acquisition Officer Pabna

• She expressed her willingness to provide expedious permanent and temporary acquisition process. However, for faster resolving the Resettlement Issues, he waged upon prompt placement of fund by the requiring bodies.

27.02.05 Pabna Mr. Rafiqul Alam Asstt. Engineer Paschimanchal Gas Company Ltd. Pabna

• He observed a good deal of encouragement among the people of Pabna in taking gas connection which has exceeded to 2500 burners as of date, Some commercial & industrial units are also consuming gas now. He predicts similar moves by the other peripheral districts. He assured all possible supports for the proposed project so far as their office is concerned.

27.02.05 Kushtia Md. Azizul Haque Sub-Divisional Engineer, Bheramara Power Station, Kushtia

• They are now generating about 5Z-58 MW on diesel. However, they have provision for duel fuel in the plant. He has learned about setting up of a 450 MW plant based on gas and do not foresee any environmental problem rather presumes than running on gas would be more environment friendly.

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PHOTOGRAPHS

Photo-3: Khirati Valve Station at Khirati in Kapasia

Photo-2: Pelad Customer Metering Station (CMS) Pelad at

Gosinga in Sripur.

Photo-1: Monohordi Valve Station at Monohordi in Narsingdi

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Annex 4

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1.1 DËi `vZvi bvg t _______________________________________________

1.2 MÖvg t ________________________ †gŠRv t _________________________

BDwbqb t ______________________ †cv t __________________________

Dc‡Rjv t ______________________ †Rjv t _________________________

1.3 ag© t Bmjvg , wn›`y , wLªóvb , †eŠ× , Ab¨vb¨

2.0 Lvbv m`m¨‡ì Z_¨vejx t

2.1 cwiev‡ii †gvU m`m¨ t cyi“l t _____gwnjv t _____ †gvU t _____

2.2 Lvbvi Z_¨ (Lvbvi cÖavb †_‡K ïi“ K‡i), †KvW eënvi Ki‡Z n‡e|

µwg

K bs

Lvbv cÖav‡bi mv‡_ m¤úK©

eqm wj½ wk¶

v

‰eevwnK

Ae¯’v cÖavb †ckv

‡MŠY †ckv

cÖavb Kv‡Ri ¯’vb

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

1 2 3 4 5

Annex 4

Page-72

15. ‡KvwWs c×wZ t m¤úK© ‡ckv

wk¶v

Lvbv cÖavb = 1 K…lK = 1 wbi¶i = 99

¯^vgx/¯¿x = 2 ‡R‡j = 2 ïaygvÎ co‡Z cv‡i = 91 cyÎ/Kb¨v = 3 K…wl gRyi = 3 co‡Z I wjL‡Z cv‡i = 92 wcZv/gvZv = 4 AK…wl w`b gRyi = 4 wkï (4 eQ‡ii bx‡P) = 1 fvB/†evb = 5 wi·v PvjK = 5 cÖv_wgK (1g-5g †kªYx) = 2 cyÎea~/RvgvZv = 6 PvKyix = 6 gva¨wgK (6ô-10g †kªYx)

= 3 k¦ïi/kvïix = 7 eëmv = 7 Gm.Gm.wm./mggvb = 4 cvwievwiK mvnvh¨Kvix = 8 ¶z`ª eëmv = 8 GBP.Gm.wm/mggvb = 5 bvwZ/bvZbx = 9 Pv evMvb Kg©x = 9 GBP.Gm.wmi Dc‡i = 6 Ab¨vb¨ = 10 M„n¯’vjxi KvR = 10 mœvZK = 7 QvÎ = 11 gvó©m I Z‡`va© = 8 wkï (5 eQ‡ii Kg) = 12 Ab¨vb¨ = 9 AemicÖvß/c½y = 13 ‡eKvi = 14 we‡`‡k Ae¯’vbiZ = 15 Ab¨vb¨ = 16 cÖavb Kv‡Ri ¯’vb wj½ ‰eevwnK Ae¯’v cyi“l = 1 weevwnZ = 1 MÖvg = 1 gwnjv = 2 AweevwnZ = 2 BDwbqb = 2 weaev = 3 Dc‡Rjv = 3 wecZœxK = 4 ‡Rjv = 4 ZvjvKcÖvß = 5 Ab¨ ‡Rjv = 5 wew”Qbœ = 6 we‡`‡k = 6 Ab¨vb¨ = 7

3.0 Lvbvi m¤ú` Z_¨vejx 3.1 emZ evoxi aiY: wb‡Ri fvov Ab¨vb¨

3.2 emZevoxi cÖKvi: KuvPv AvswkK cvKv cvKv Ab¨vb¨ 3.3 Qv‡ì `ªe¨vw`: Li/Qb UvBjm wUb cvKv 3.4 Lvbvi †gvU Rwgi cwigvb (GKi): ________emZevwo, ________ Rwg,

________ ‡gvU

3.5 we`y¨r myweav: Av‡Q , bvB

4.0 wb‡Ri wK wUDeI‡qj Av‡Q ? nu¨v bv 5.0 Avcwb/Avcbvi cwievi wK ai‡bi cvqLvbv eënvi K‡i ? m¨vwbUvix , wcU , Szjš— , †Lvjv RvqMv , Ab¨vb¨ 6.0 A_©‰bwZK Z_¨t 6.1 Avcbvi cwiev‡i DcvR©bKvixi msL¨v : cyil _______, gwnjv ________, ‡gvU ________

1 2 3

1 2 3 4

1 2 3 4

1 2

1 2

1 2 3 4 5

Annex 4

Page-73

6.2 cwiev‡ii Mo gvwmK Avq: ______________ UvKv 6.3 cwiev‡ii Mo gvwmK e¨q: ______________ UvKv 7.0 GbwRI Gi mv‡_ m¤ú„³ wKbv ? nu¨v bv 8.0 cÖK‡í ¶wZMÖ¯’ Rwgi cwigvb : ____________ GKi 8.1 ¶wZMÖ¯’ Rwgi aib t K) Avev`x _________ GKi L) wfwU _________ GKi M) evwbwR¨K_________ GKi

‡`vKvb , PvZvj , Ab¨vb¨

N) cwiZ¨³ _________ GKi O) Rjvkq/cyKzi/MZ© _________ GKi 8.2 ¶wZMÖ¯’ Rwgi `vg (cÖwZ GKi) t K) Avev`x _________ UvKv L) wfwU _________ UvKv M) evwbwR¨K_________ UvKv N) cwiZ¨³ _________ UvKv O) Rjvkq/cyKzi/MZ© _________ UvKv 9.0 ¶wZMÖ¯’ Rjvk‡qi weeiYt

9.1 ‡¶Îdj : ‰`N©¨ ________dzU, cÖ¯’ ________ dzU, ‡¶Îdj ________

9.2 Rjvk‡q gv‡Qi Pvl Kiv n‡j weeiY: ___________________________________________________________

___________________________________________________________

10.0 ¶wZMÖ¯’ KvVv‡gv/¯’vcbv t

10.1 ¶wZMÖ¯’ Ni t K) †g‡S L) †`qvj/†eov M) Qv`/Pvjv

‡KvW: 1 (KuvPv) 2 (wUb), 3 (cvKv) L) ˆ`N©¨ _______ dzU, cÖ¯’ _______ dzU, D”PZv _______ dzU

M) AvbygvwbK eZ©gvb g~j¨ _________________ UvKv

N) AeKvVv‡gv ˆZix n‡qwQj K‡e ? _______ mb

10.2 ¶wZMÖ¯’ eviv›`v t K) †g‡S L) †`qvj/†eov M) Qv`/Pvjv ‡KvW: 1 (KuvPv) 2 (wUb), 3 (cvKv)

1 2

1 2 3

Annex 4

Page-74

L) ˆ`N©¨ _______ dzU, cÖ¯’ _______ dzU, D”PZv _______ dzU M) AvbygvwbK eZ©gvb g~j¨ _________________ UvKv N) AeKvVv‡gv ˆZix n‡qwQj K‡e ? _______ mb

10.3 ¶wZMÖ¯’ dmjt K) dm‡ji bvg : _______ ‡KvW: 1 (avb), 2 (Mg), 3 (Wvj), 4 (mewR), 5 (Ab¨vb¨) 10.4 ¶wZMÖ¯’ MvQ t

Mv‡Qi msL¨v Mv‡Qi bvg eo gvSvix ‡QvU

eZg©vb evRvi g~j¨

(UvKv)

11.0 ¶wZc~ib wnmv‡e Avcwb wK Pvb ? K) Rwg L) mwVK g~j¨ M) Ab¨vb¨

12.0 ¶wZc~iY cÖ`vb m¤ú©‡K gZvgZ : (√ w`b) (K) cÖ`v‡bi Rb¨ Gb.wR.I ìKvi (L) mivmwi †Rjv cÖkvm‡Ki Kvh©vjq †_‡K (M) Ab¨vb¨ ______________________________________ 13.0 M¨vm cvBcjvBb m¤ú©‡K gZvgZ:________________________________________ ___________________________________________________________ 13.1 cÖ¯—vweZ cÖK‡íi mvgvwRK, A_©‰bwZK myweav nu¨v n¨vu bv weeiY : __________________________________________________ __________________________________________________ A_©‰bwZK cÖwZK~jZv n¨vu bv weeiY 14.0 RbmgvM‡gi †Kvb ¯’vb ¶wZMÖ¯’ n‡j t (1) eb (2) cvK© (3) Ab¨vb¨ AvqZb :

15.0 Ab¨vb¨ ¶wZMÖ¯’ m¤ú` : (msL¨v) (1) K~c ______ (2) wUDeI‡qj______ (3) Lvm Rwg ______

16.0 AwaMÖnYK…Z Rwgi †Kvb AvBwb RwUjZv Av‡Q wK? (1) nu¨v (2) bv

1 2 3

1 2

1 2 3

Annex 4

Page-75

17.0 Rwg Ab¨ Kv‡iv `L‡j _vK‡j _________________________________________ 17.1 `Lj`v‡ii msL¨v ________________________________________________ 18.0 ¶wZMÖ¯’ e¨w³ K…lK n‡j (√ w`b) (K) eM©vPvlx (L) eM©vPvlx + Rwgi gvwjK (M) Ab¨vb¨ 19.0 Rwg AwaMÖn‡Yi c~‡e© Rwgi gvwj‡Ki mv‡_ Av‡jvPbvi ìKvi Av‡Q wK ? nu¨v bv 20.0 ‡Kvb gmwR`, mvs¯‹…wZK ¯’vb AwaMÖnY n‡j weeiY w`b ? 21.0 ‡gŠRvi †Kvb Avwèvmx GjvKv ¶wZMÖ¯’ n‡q‡Q n¨vu bv msL¨v __________ Rwgi cwigvb _________GKi 22.0 kªwg‡Ki ˆ`wbK gRyix _________ UvKv 23.0 Z_¨ msMÖnKvixi gZvgZ t

___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

Z_¨ msMÖnKvixi bvg t ______________ Z_¨ msMÖ‡ni ZvwiL t ______________ ¯^v¶i t _______________ ZvwiL t ______________

1 2

1 2

Annex 4

Page-76

Av_©-mvgvwRK Rwic cÖkœcÎ (dig-L)

cÖK‡í c‡iv¶ ¶wZMÖ¯’ e¨w³i weeiY t K) cÖKí GjvKvq Av‡qi Drm nviv‡bv e¨w³i weeiY t 1.0 bvg t ______________________________________________________

1.1 wcZv/¯^vgxi bvg t _______________________________________________

1.2 MÖvg t ________________________ †gŠRv t _________________________

BDwbqb t ______________________ †cv t __________________________

Dc‡Rjv t ______________________ †Rjv t _________________________





µwgK bs

Lvbv cÖav‡bi mv‡_ m¤úK© eqm wj½ wk¶v

‰eevwnK


‡MŠY †ckv


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

10. 11. 12. 13. 14. 15.

1 2 3 4 5

Annex 4

Page-77

‡KvwWs c×wZ t m¤úK© ‡ckv

wk¶v

Lvbv cÖavb = 1 K…lK = 1 wbi¶i = 99 ¯^vgx/¯¿x = 2 ‡R‡j = 2 ïaygvÎ co‡Z cv‡i = 91 cyÎ/Kb¨v = 3 K…wl gRyi = 3 co‡Z I wjL‡Z cv‡i = 92 wcZv/gvZv = 4 AK…wl w`b gRyi = 4 wkï (4 eQ‡ii bx‡P) = 1 fvB/†evb = 5 wi·v PvjK = 5 cÖv_wgK (1g-5g †kªYx) = 2 cyÎea~/RvgvZv = 6 PvKyix = 6 gva¨wgK (6ô-10g †kªYx)

= 3 k¦ïi/kvïix = 7 eëmv = 7 Gm.Gm.wm./mggvb = 4 cvwievwiK mvnvh¨Kvix = 8 ¶z`ª eëmv = 8 GBP.Gm.wm/mggvb = 5 bvwZ/bvZbx = 9 Pv evMvb Kg©x = 9 GBP.Gm.wmi Dc‡i = 6 Ab¨vb¨ = 10 M„n¯’vjxi KvR = 10 mœvZK = 7 QvÎ = 11 gvó©m I Z‡`va© = 8 wkï (5 eQ‡ii Kg) = 12 Ab¨vb¨ = 9 AemicÖvß/c½y = 13 ‡eKvi = 14 we‡`‡k Ae¯’vbiZ = 15 Ab¨vb¨ = 16 cÖavb Kv‡Ri ¯’vb wj½ ‰eevwnK Ae¯’v cyi“l = 1 weevwnZ = 1 MÖvg = 1 gwnjv = 2 AweevwnZ = 2 BDwbqb = 2 weaev = 3 Dc‡Rjv = 3 ‡Rjv = 4

wecZœxK = 4

Ab¨ ‡Rjv = 5 ZvjvKcÖvß = 5 we‡`‡k = 6

wew”Qbœ = 6 Ab¨vb¨ = 7

3.0 Av‡qi Dr†mi weeiY t K) ¯’vqx †`vKvb/ój wb‡Ri fvov

L) A¯’vqx (nKvi) wb‡Ri fvov

M) Ab¨vb¨_____________________________________________________

___________________________________________________________

4.0 nviv‡bv Av‡qi cwigvb t

K) ˆ`wbK__________ UvKv L) gvwmK__________ UvKv M) evrmwiK_________ UvKv 5.0 eëmv‡qi †gqv`Kvj __________ ermi

6.0 ¯’vcbvi weeiY t

cwigvc 1 (KvuPv), 2 (wUb),

3 (cvKv) µwgK

bs aiY ‰`N©¨ (dzU)

cÖ¯’ (dzU)

D”PZv(dzU) ‡`qvj/†eov ‡g‡S Qv`/Pvj

AvbygvwbK eZg©vb g~j¨

(UvKv)

1 2

1 2

Annex 4

Page-78

‡KvW: 1 (KvuPv), 2 (wUb), 3 cvKv) 7.0 Z_¨ msMÖnKvixi gZvgZ t

___________________________________________________________ ___________________________________________________________ ___________________________________________________________

Z_¨ msMÖnKvixi bvg t ______________ Z_¨ msMÖ‡ni ZvwiL t ______________ ¯^v¶i t _______________ ZvwiL t ______________

Annex 4

Page-79

Av_©-mvgvwRK Rwic cÖkœcÎ (dig-M)

L) cÖKí GjvKvi nviv‡bv Av‡qi Dr‡m Kg©iZ kªwgK‡ì weeiY t 1.0 bvg t ______________________________________________________

1.1 wcZv/¯^vgxi bvg t _______________________________________________

1.2 MÖvg t ________________________ †gŠRv t _________________________

BDwbqb t ______________________ †cv t __________________________

Dc‡Rjv t ______________________ †Rjv t _________________________





µwgK bs

Lvbv cÖav‡bi mv‡_ m¤úK© eqm wj½ wk¶v

‰eevwnK


‡MŠY †ckv


1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

1 2 3 4 5

Annex 4

Page-80

‡KvwWs c×wZ t m¤úK© ‡ckv

wk¶v

Lvbv cÖavb = 1 K…lK = 1 wbi¶i = 99 ¯^vgx/¯¿x = 2 ‡R‡j = 2 ïaygvÎ co‡Z cv‡i = 91 cyÎ/Kb¨v = 3 K…wl gRyi = 3 co‡Z I wjL‡Z cv‡i = 92 wcZv/gvZv = 4 AK…wl w`b gRyi = 4 wkï (4 eQ‡ii bx‡P) = 1 fvB/†evb = 5 wi·v PvjK = 5 cÖv_wgK (1g-5g †kªYx) = 2 cyÎea~/RvgvZv = 6 PvKyix = 6 gva¨wgK (6ô-10g †kªYx)

= 3 k¦ïi/kvïix = 7 eëmv = 7 Gm.Gm.wm./mggvb = 4 cvwievwiK mvnvh¨Kvix = 8 ¶z`ª eëmv = 8 GBP.Gm.wm/mggvb = 5 bvwZ/bvZbx = 9 Pv evMvb Kg©x = 9 GBP.Gm.wmi Dc‡i = 6 Ab¨vb¨ = 10 M„n¯’vjxi KvR = 10 mœvZK = 7 QvÎ = 11 gvó©m I Z‡`va© = 8 wkï (5 eQ‡ii Kg) = 12 Ab¨vb¨ = 9 AemicÖvß/c½y = 13 ‡eKvi = 14 we‡`‡k Ae¯’vbiZ = 15 Ab¨vb¨ = 16 cÖavb Kv‡Ri ¯’vb wj½ ‰eevwnK Ae¯’v cyi“l = 1 weevwnZ = 1 MÖvg = 1 gwnjv = 2 AweevwnZ = 2 BDwbqb = 2 weaev = 3 Dc‡Rjv = 3 ‡Rjv = 4

wecZœxK = 4

Ab¨ ‡Rjv = 5 ZvjvKcÖvß = 5 we‡`‡k = 6

wew”Qbœ = 6 Ab¨vb¨ = 7

3.0 wK ai‡bi kªwgK t ________________________________________________ 3.1 gvwj‡Ki bvg t ________________________________________________ gvwj‡Ki wVKvbv t ________________________________________________ ________________________________________________ 4.0 nviv‡bv Av‡qi cwigvbt

K) ˆ`wbK : _______ UvKv L) gvwmK : ________UvKv M) evrmwiK: ______ UvKv

5.0 Z_¨ msMÖnKvixi gZvgZ t ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

Z_¨ msMÖnKvixi bvg t ______________ Z_¨ msMÖ‡ni ZvwiL t ______________

Annex 4

Page-81

¯^v¶i t _______________ ZvwiL t ______________

Annex 5

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Monohordhl-Dhanua-Elenga-East Bank of Jamuna Bridge Gas TransmissionCommercial Land Acquisition Areas (17 Households)

Total Affected Com. Land In Decimal:Total Affected Com. Land In Acre:

Total Affected Com. Land In Ha:

Pipeline Project

Av. Rate per Decl~/: ~1!1Av. Rate per Acre: 891741]rn

Monohordhl-Dhanua-Elenga-East Bank of Jamuna Bridge Gas TransmissionFallow land Acquisition Areas (8 Households)

Total Affected Com. Land In Decimal:Total Affected Com. Land In Acre:

Total Affected Com. Land In Ha:

Project

Av. ::~= ::~ t====;~~

Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas TransmissionWaterbody/Canal/Ponds Acquisition Areas (22 Households)

Total Affected Com. Land in Decimal: -~=~-

3Total Affected Com. Land In Acre: 3.30~---

Total Affected Com. Landin Ha: 1.34

ProjectPipeline

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Documents

BAN: Gas Transmission and Development Project - Asian Development Bank€¦ · · 2014-09-29Monohordhi-Dhanua-Elenga-East Bank of Jamuna Bridge Gas Transmission Pipeline Project